[Ord. #6-1989, § 600; Ord. #18-1990, § 2; Ord. No. 2013-06]
For the purpose of this chapter, the Borough is divided into
the following zones or districts:
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R-1
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Residential
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R-2
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Residential
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R-3
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Residential
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R-4
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Residential
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R-5
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Residential
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R-ML
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Residential Mount Laurel
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B-1
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Business and Office
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B-2
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Commercial
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B-3
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Commercial Zone
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[Ord. #6-1989, § 601; Ord. #18-1990, § 2; Ord. No. 2013-06]
a.
Adoption of Map. The boundaries of all zone districts are established
on the map entitled "Zoning Map of the Borough of Spring Lake Heights",
dated July, 2013, which accompanies and is made part of this chapter.
b.
Zoning Map Amendments.
Ord. No. 2013-06: That the following properties are hereby re-zoned
and re-classified as part of the B-3 Commercial Zone:
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Block 46.01, Lot 1
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Block 46.01, Lot 2
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Block 46.01, Lot 3
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Block 46.01, Lot 4
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Block 46.01, Lot 5
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Block 46.01, Lot 7
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Block 46.01, Lot 8.01
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Block 46.01, Lot 65
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Block 46.01, Lot 66
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Block 46.01, Lot 67
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[1]
Editor's Note: The Zoning Map is included as an attachment
to this Chapter.
[Ord. #6-1989, § 602]
Where uncertainty exists as to any boundary as shown on the
Zoning Map, the following rules shall apply:
a.
Zone boundary lines are intended to follow the center line of streets,
streams, railroad rights-of-way, and lot property lines as they exist
on plats of record at the time of the passage of this chapter, unless
such zone boundary lines are fixed by dimensions as shown on the Zoning
Map.
b.
The location of any disputed zone boundary line shall be determined
by the Zoning Board of Adjustment.
c.
Where zone boundaries are not fixed by dimensions, and where they
approximately follow lot lines, and where they do not scale more than
20 feet distant therefrom, such lot lines shall be construed to be
the zone boundary line unless specifically shown otherwise.
d.
In unsubdivided land and where a zone boundary divides a lot, the
location of the zone boundary line shall be determined by the use
of the scale appearing thereon, unless the location of the zone boundary
line is indicated by dimensions (in feet) shown on the zone map.
e.
Where a street or public way serves as the zone boundary, and it
is lawfully vacated, the former center line shall be considered the
zone boundary.
[Ord. #6-1989, § 603; Ord. No.
09-2009 § 1; amended 6-7-2021 by Ord. No. 2021-06]
Any use not specifically permitted in a zone shall be considered
prohibited. Prohibited uses in all zones include, but are not limited
to, the following:
a.
Junk yards.
b.
Manufacturing, fabrication, assembly or other industrial process.
c.
Firearm target ranges, skeet or trap shooting ranges or any use,
activity or structure which is for the purpose of, or incorporates
incidental facilities, for the discharge of firearms for any purpose.
d.
Campgrounds or any other facility for temporary or transient accommodations
other than a bona fide motel as defined by this chapter, or a dwelling
unit which would meet all requirements for a permanent dwelling.
e.
The raising or keeping of dogs, cats, livestock or other animals
on any basis other than as house pets.
f.
Outdoor storage of goods for sale, including the sale of motor vehicles
by other than service stations, automotive garages or automobile dealers,
subject to the provisions of paragraph h below; goods stored for distribution;
or goods in transit.
g.
Any use which will not conform with the performance standards set
forth in this chapter.
h.
Outdoor storage of more than two motor vehicles for sale by a service
station, automotive garage or automotive dealer.
i.
The outdoor storage of an unoccupied recreational vehicle, motor
homes, travel trailer, camper or small boat shall be permitted on
single family properties provided that:
1.
Such storage shall not be located in any front yard.
2.
Only one such travel trailer or recreational vehicle or camper, shall
be permitted to be stored outdoors at any single family residence.
3.
Any such vehicles stored in accordance with this section shall not
be occupied and shall not be provided with utility connections.
j.
Storage of Commercial Vehicles, Buses and Omnibuses.
1.
No commercial motor vehicle, motor drawn vehicle, bus or omnibus
having a rated maximum gross vehicle weight (GVW) in excess of 10,000
pounds or having more than two axles, shall be parked or stored overnight
on any property in any residential zone or district or on any property
which is primarily used for residential purposes, except vehicles
engaged in construction, parked or stored on an active construction
site and which display a construction vehicle parking permit issued
by the Zoning Officer. Applications for such permits shall be made
for each such vehicle to be parked or stored and upon a finding that
construction has commenced or is imminent, the Zoning Officer shall
issue such permits for periods not to exceed 30 days. The permits
shall be renewable as needed and shall not require the payment of
any fee.
2.
No more than (1) motor vehicle or motor drawn vehicle with a commercial,
bus or omnibus motor vehicle registration, having a rated maximum
gross vehicle weight (GVW) of 10,000 pounds or less and which is owned
or used by a resident of the premises shall be parked or stored overnight
on any property in any residential zone or district or any property
which is primarily used for residential purposes except vehicles engaged
in construction and which comply with the permit provisions of paragraph
j,1 above. Any vehicle permitted to be parked or stored pursuant to
this paragraph other than vehicles engaged in construction shall,
where conditions permit, be parked in a rear or side yard area, which
area is relatively unexposed to neighboring properties. Passenger
automobiles for use by residents of the premises with commercial motor
vehicle registration shall be exempt from the provisions of this paragraph
j, 2.
3.
For purposes of this paragraph, a commercial vehicle or motor drawn
vehicle includes any vehicle containing advertising matter intending
to promote the interest of any business, or any vehicle used in connection
with the business, whether or not the vehicle is registered as a commercial
vehicle with the New Jersey Motor Vehicle Commission.
k.
Satellite dish antennas.
l.
Drive-through windows associated with retail food establishments.
m.
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 Spring Lake Heights, except for the delivery of cannabis items
and related supplies by a delivery service.
[Added 6-7-2021 by Ord. No. 2021-06]
[Ord. #6-1989, § 604]
Except as specified in Section 22-605, any use, building or structure legally existing at the time of the enactment of this chapter may be continued even though such use, building or structure may not conform to the provisions of this chapter for the district in which it is located.
[Ord. #6-1989, § 605.1; Ord. No.
09-2009 § 2]
Except as otherwise provided in this section, the lawful use
of land or buildings existing at the date of the adoption of this
chapter may be continued, although such use or building does not conform
to the regulations specified by this chapter for the zone district
in which such land and building is located.
[Ord. #6-1989, § 605.2]
A nonconforming use shall be adjudged abandoned when there occurs
a cessation of any such use or activity by an apparent act or failure
to act on the part of the tenant or owner. Such use shall not thereafter
be reinstated, and the structure shall not be reoccupied, except in
conformance with this chapter.
[Ord. #6-1989, § 605.3]
If any nonconforming building shall be destroyed by reason of
windstorm, fire, explosion or other act of God or the public enemy
to an extent of more than 60% of the recorded true value as appraised
in the records of the tax assessor, then such destruction shall be
deemed complete destruction, and the structure may not be rebuilt,
restored or repaired except in conformity with this chapter. Nothing
in this chapter shall prevent the strengthening or restoring to a
safe condition of any wall, floor, or roof which has been declared
unsafe by the Building Official.
[Ord. #6-1989, § 605.4]
No nonconforming use shall, if once changed to a conforming
use, be changed back to a nonconforming use.
[Ord. #6-1989, § 605.5; Ord. #6-1989, § 606.1;
Ord. #22-2007; Ord. No. 13-2009 § 1; Ord. No. 2014-05; Ord.
No. 2015-08; Ord. No. 2017-07 § 8]
Nothing herein contained shall require any change in plans,
construction or designated use of a building, for which a building
permit has been heretofore issued; provided, however, the construction
of which shall have been diligently prosecuted within three months
of the date of such permit and the ground story framework of which,
including the second tier of beams, shall have been completed within
six months of the date of the permit, and which entire building be
completed according to such plans as filed, within 12 months of the
date of this chapter.
[1]
Editor's Note: This chapter was adopted August 14, 1989 by
Ordinance No. 6-1989 and became effective pursuant to law.
[Ord. #6-1989, § 605.6]
Whenever the boundary of a zone district shall be changed so
as to transfer an area from one district to another district of a
different classification, the provisions of this section shall apply
to any nonconforming uses or buildings existing therein or created
thereby.
[Ord. #6-1989, § 605.7; Ord. #22-2005; Ord. No. 14-2012]
a.
A nonconforming
building, or an existing building on a nonconforming lot in a residential
zone district, may be altered, repaired, enlarged or extended; provided
the use is permitted in the zone district and that the extension does
not violate any front, side or rear yard setback requirements or building
coverage requirements of the zone district and provided further that
any enlargement does not exceed the existing height of the structure.
b.
An existing
nonconforming single family dwelling unit, or an existing single family
dwelling unit on a nonconforming lot, located in a flood zone as shown
on a current Flood Insurance Rate Map (FIRM) may be elevated so that
the finished floor elevation (FFE) is a maximum of four (4) feet above
the base flood elevation as determined by the FIRM, provided that
no pre-elevation building setbacks are decreased, the structure is
not enlarged or extended, and the elevated building height does not
exceed thirty-two (32) feet. Stairs and landings required to be reconstructed
or altered as a result of any existing conforming or non-conforming
structure being elevated shall be permitted to extend into any required
setback a distance minimally necessary to meet the access requirements
of the Uniform Construction Code.
[Ord. #6-1989, §606]
Recognizing the extent and character of existing open space
assets within the residential zone districts, it is the intent of
these regulations to encourage a comprehensive approach to land development
which will result in the preservation of open space in the amount
both necessary and appropriate to development types permitted.
[Ord. #6-1989, §606.1; Ord. #22-2007; Ord. No. 13-2009
§ 1; Ord. No. 2014-05; Ord. No. 2015-08; Ord. No. 2017-07 §
8]
a.
Permitted
Principal Uses (Land and Buildings).
1.
One-family
detached dwellings. The maximum building height for principal structures
in all residential zones shall be thirty-two (32) feet, or as listed
below, as measured from the top of the curb at the center of the lot.
The maximum building and eave height, as listed in the table below
for principal structures, may be increased by 5 feet in Flood Insurance
Rate Map (FIRM) Flood Zones, in order to achieve a maximum three (3)
foot separation of finished floor from the applicable base flood elevation,
for structures that are being elevated or newly constructed to meet
flood zone construction guidelines. The building height for structures
located on corner lots shall be measured from both curbs, and the
average number shall be utilized. Principal structures in all residential
zones shall be limited to two and one-half (2½) stories. Additional
requirements relating to building height for principal structures
in residential zones is set forth in the table below:
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Type of Roof
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Maximum Eave Height
(feet)
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Maximum Roof Building Height
(feet)
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Maximum Stories
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|---|---|---|---|
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Gable/hip
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25
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32
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2 1/2
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Flat
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25
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25
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2 1/2
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|
Mansard (Dutch Colonial & Other)
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25
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32
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2 1/2
|
2.
Residential Cluster Development of single family detached dwellings
or of townhouses in the R-1 zone district only.
3.
Golf courses as defined by this chapter in an R-1 zone only.
4.
Municipal facilities and public parks, playgrounds, playfields and
walkways deemed necessary and appropriate by the governing body of
the Borough.
5.
Essential services.
6.
R-5 Residential Townhouse Overlay. Townhouse residential development shall be permitted in the R-5 Zone on the Wyckham Manor Tract, Block 46.02, Lots 1-62, in accordance with the Schedule of Permitted Uses, Yard, Area and Bulk Requirements in Section 22-612. Permitted accessory uses shall include private garage, pool and pool storage building, fences, trash enclosures and off-street parking. Common elements serving the townhouse residential development such as the pool, pool storage building, access drives, off-street parking, trash enclosures and fences shall be permitted on Block 46.02, Lot 63. This shall be considered an Overlay Zone.
[Ord. No. 13-2009 § 1]
7.
An existing single-family residential dwelling built prior to the
adoption of this paragraph 7 (adopted by Ord No. 2017-07: adopted
on November 13, 2017) in the R2, R3, R4 and R5 Zones may add a front
porch or landing for entrance steps conforming to the following requirements:
(a)
The distance from the front porch or landing nearest the front
property line must be 22 feet or more.
(b)
The front yard setback of a porch or landing shall not be considered
the front yard setback of the principal building.
(c)
The front entrance landing may have a roof over the landing
but no form of enclosure.
(d)
No porch deck shall be higher than the primary structure entrance
threshold and shall be in conformance with the Federal Flood Elevation
Standards at the time of construction.
(e)
In cases where the existing primary structure encroaches into
the side yard setback(s), the porch may extend into the side yard
setback to same extent as the primary building.
b.
Permitted
Accessory Uses.
1.
Clubhouses and dining facilities, tennis and other racquet sports,
swimming pools and shuffleboard courts subordinate to the operation
of a golf course in an R-1 zone only.
2.
Private garage space and other uses customarily incidental and subordinate
to residential development, provided that such uses do not house any
activity conducted as a business or industry and further provided
that any accessory use shall be located on the same lot with the principal
use.
3.
Temporary equipment, uses or structures for uses, shall be permitted
during the construction period beginning with the issuance of a Certificate
of Occupancy or abandonment of the construction work, or one year,
whichever is less, provided that said equipment and structures are
situated on the site where construction is taking place. Construction
equipment shall not be left on the site during construction for more
than 14 consecutive calendar days if not in active use.
4.
Storage shed for garden tools and implements for maintenance of the
grounds of residential properties.
5.
Fences and walls.
c.
Conditional Uses. Other uses permitted upon site plan approval of
the Planning Board.
2.
Quasi-public buildings and recreation areas, conforming to the provisions of subsection 22-607.3.
3.
Hospitals, philanthropic and eleemosynary uses, conforming to the provisions of subsection 22-607.4.
5.
Professional offices as a home occupation only in detached single-family
dwellings on lots in the R-4 and R-5 zone districts only and conforming
to the residential requirements of this article. Site plan approval
shall be required.
[Ord. #6-1989, § 606.2; Ord. No.
2017-07 § 10]
b.
d.
Other Requirements. Area and bulk requirements and off-street parking requirements as specified in Section 22-612 of this chapter.
e.
Design Criteria. In addition to all other design standards as may
be applicable under this chapter, the following design standards shall
be applied to all properties adjacent to State Highway 71:
1.
All sidewalks shall be five feet wide with a concrete paver edge.
2.
Crosswalks shall be concrete pavers with concrete retainer curb.
3.
Sidewalk benches shall be required (two per frontage).
4.
Shade trees shall be required (as approved by the Planning Board).
Minimum of 35 feet on center.
5.
Minimum of a five-foot wide planting strip required along State Highway
71 between building and sidewalk.
6.
Parking lots are prohibited to front on State Highway 71.
7.
Decorative lamp posts shall be implemented in every site plan and
are required every 70 feet of frontage along State Highway 71 (Grosse
Pointe 3173 BP w/305 Base).
8.
Above ground storm water management is prohibited.
9.
All wiring and utilities shall be underground.
10.
All approved plantings along State Highway 71 exceeding six
feet in height shall be a minimum of 10 feet from the curbline.
11.
All recycling and dumpster areas shall be enclosed on four sides
and surrounded by four to six foot evergreens on three sides.
[Ord. #6-1989, § 606.3; Ord. #7-2003, § 1; Ord. No. 2017-07 § 11]
a.
Permitted Principal Uses (Land and Buildings).
1.
Retail sale of consumable products, wearing apparel, pharmaceuticals,
hardware, appliances, household goods, confections and general merchandise.
2.
Banks, fiduciary institutions, business and professional offices
and medical centers.
3.
The sale of personal services such as cleaners, tailors, barbershops
and beauty salons, and the repair of appliances and shoes.
4.
Transportation terminal facilities, including taxi stands, bus passenger
stations and similar uses.
5.
Such municipal facilities deemed necessary and appropriate by the
governing body of the Borough.
6.
Restaurants and bars.
7.
Motels.
b.
Permitted Accessory Uses.
c.
Conditional Uses. Other uses permitted upon site plan approval of
the Planning Board.
d.
Other Requirements. Area and bulk requirements and off-street parking requirements as specified in Section 22-612 of this chapter.
e.
Design Criteria. In addition to all other design standards as may
be applicable under this chapter, the following design standards shall
be applied to all properties adjacent to State Highway 71:
1.
All sidewalks shall be five feet wide with a concrete paver edge.
2.
Crosswalks shall be concrete pavers with concrete retainer curb.
3.
Sidewalk benches shall be required (two per frontage):
4.
Shade trees shall be required (as approved by the Planning Board).
Minimum of 35 feet on center.
5.
Minimum of a five foot wide planting strip required along State Highway
71 between building and sidewalk.
6.
Parking lots are prohibited to front on State Highway 71.
7.
Decorative lamp posts shall be implemented in every site plan and
are required every 70 feet of frontage along State Highway 71 (Grosse
Pointe 3173 BP w/305 Base).
8.
Above ground storm water management is prohibited.
9.
All wiring and utilities shall be underground.
10.
All approved plantings along State Highway 71 exceeding six
feet in height shall be a minimum of 10 feet from the curbline.
11.
All recycling and dumpster areas shall be enclosed on four sides
and surrounded by four foot to six foot evergreens on three sides.
[Ord. #18-1990, § 3]
a.
Permitted Uses.
1.
A planned Mount Laurel residential development, including all or
any of the following: single family detached, semi-detached and attached
dwelling, two family dwelling, townhouse dwelling, multi-family dwelling
and garden apartment dwelling.
2.
Public parks and playgrounds.
3.
Necessary public utilities and services.
4.
Buildings, structures and uses owned and operated by the Borough
of Spring Lake Heights.
5.
Accessory uses and accessory buildings customarily incidental to
the above uses and located on the same lot.
c.
Additional Requirements.
1.
All residential units shall be served by public sewer and centralized
water systems.
2.
All off street parking shall be located a minimum distance of 10
feet from any property line and shall be screened from view from adjacent
properties.
3.
100% of the total number of dwelling units that are the subject of
a development application shall be equally divided into low and moderate
income dwellings as required by provisions for the application and
interpretation of low/moderate income units.
4.
No more than 50% of the total number of low and moderate income units
shall be rental units.
5.
No more than 25% of the low and moderate income units within an inclusionary
development may be restricted for senior citizen units.
6.
No dwelling unit shall be constructed below grade. Units shall be
attached or designed in such a manner as to provide maximum security
and visual privacy from adjacent dwelling units, nonresidential uses
and streets.
7.
During site plan review, the following criteria shall be given consideration:
(a)
The function and visual relationship between proposed dwelling
units and adjacent existing development.
(b)
Orientation of buildings so as to take advantage of passive
solar heating and summer breezes while minimizing exposure to winter
winds.
(c)
Pedestrian walkways, which are linked to off-site walkway networks.
(d)
Minimization of glare, noise and visual intrusion of parking
lots to external roadways and adjacent properties through grading,
berms and/or plantings.
[Ord. No. 2013-06 § 6; Ord. No. 2017-02 § 1]
a.
Permitted Principal Uses (Land and Building).
1.
Apparel shop.
2.
Art supplies.
3.
Bakery and bakery goods store, provided the products are sold exclusively
on the premises.
4.
Banks, savings and loans, and credit unions.
5.
Barber and beauty shops.
6.
Book, stationery, or gift shop.
7.
Camera and photographic supplies.
8.
Candy store, soda fountain, ice cream store.
9.
Coffeehouse or similar establishment.
10.
Delicatessen.
11.
Dry cleaning and laundry pick-up station.
12.
Eating places, sit-down only (excluding fast food establishments).
13.
Florist shop.
14.
Secondhand/antique furniture store.
15.
Glass, china, or pottery store.
16.
Haberdashery.
17.
Hobby shop.
18.
Interior decorating studio.
19.
Jewelry store, including repair.
20.
Leather goods and luggage store.
21.
Locksmith shop.
22.
Music, musical instruments, and recordings, including incidental
repair.
23.
Opticians and optical goods.
24.
Paint and wallpaper store.
25.
Police and fire stations.
26.
Post office.
27.
Electronics store, including incidental repairs.
28.
Shoe store and shoe repair.
29.
Sporting goods.
30.
Studios for professional work or teaching of any form of fine
arts.
31.
Photography, music, drama, or dance.
32.
Tailor shop.
33.
Toy stores.
34.
Such municipal facilities deemed necessary and appropriate by
the Governing Body of the Borough
c.
Conditional Uses. Other uses permitted upon site plan approval of
the Planning Board.
1.
Drug store, provided that the use does not exceed 3,000 square feet
of gross floor area.
2.
Food store, provided that the use does not exceed 6,000 square feet
of gross floor area.
3.
Professional offices (not to exceed 50% of total gross floor area
of the building and not to exceed 25% of total first floor area of
the building.)
d.
Prohibited Uses. In addition to other prohibited uses as outlined in subsection 22-603 of this chapter, the following are prohibited uses in the B-3 Commercial Zone:
e.
Design Criteria, In addition to all other design standards as may
be applicable under this chapter, the following design standards shall
be applied in the B-3 Commercial Zone:
1.
All sidewalks shall be five feet wide with a concrete paver edge.
2.
Crosswalks shall be concrete pavers with concrete retainer curb.
3.
Sidewalk benches shall be required (two per frontage).
4.
Shade trees shall be required (as approved by the Planning Board).
Minimum of 35 feet on center.
5.
Minimum of a five-foot wide planting strip required along State Highway
71 between building and sidewalk.
6.
Parking lots are prohibited to front on State Highway 71.
7.
Decorative lamp posts shall be implemented in every site plan and
are required every 70 feet of frontage along Route 71 (Grosse Pointe
3173 BP w/305 Base).
8.
Above ground storm water management is prohibited.
9.
All wiring and utilities shall be underground.
10.
All approved plantings along State Highway 71 exceeding six
feet in height shall be a minimum of 10 feet from the curb line.
11.
All recycling and dumpster areas shall be enclosed on four sides
and surrounded by four to six foot evergreens on three sides.
[Added 10-3-2022 by Ord. No. 2022-16]
a.
Purpose. The purpose of the Affordable Housing Zone is to provide
a realistic opportunity for affordable housing within an inclusionary
development. The creation of the Affordable Housing Zone is in furtherance
of the Borough's Settlement Agreement of Motzenbecker vs. Borough
Spring Lake Heights, Borough Council of Spring Lake Heights and the
Borough of Spring Lake Heights Planning Board, Superior Court of New
Jersey, Monmouth County, Law Division, Docket No. MON-L-0030-21 (the
"Builder's Remedy Action").
The Mixed Use AH-1 Zoning District includes Block 59, Lot 39,
consisting of approximately 0.40 acres. The purpose of the MU-AH-1
Zone is to provide a realistic opportunity for affordable housing
within an inclusionary development by creating an integrated mixed
use zone for a combination of commercial and residential development;
to permit the construction of one office or retail space along the
frontage of State Highway 71; and permit the construction of five
housing units on the remaining undeveloped acres.
Twenty percent, or a single, two-bedroom unit in the development,
shall be set-aside for, and shall be, a non-age restricted, two-bedroom,
very-low income household earning 30% or less of the regional median
income. The Settlement Agreement for the Builder's Remedy Action
includes a concept plan that is the basis of this subsection.
b.
Permitted Principal Uses.
1.
Mixed-Use buildings that include retail or office space, along the
frontage of State Highway 71, and five multi-family housing units.
Of the five housing units, one street level, two bedroom unit shall
be affordable to a very-low-income household and shall not be age
restricted.
d.
Bulk Regulations. The bulk regulations shall be the same as the B-1
Zone as depicted at Attachment 5 of the Borough's Land Development
Ordinance (Schedule of Yard, Area and Bulk Requirements) with the
following exceptions:
1.
Minimum Lot Width shall be 95 feet.
2.
Minimum Lot Area shall be 10,000 square feet.
3.
Minimum Front Yard shall be 24 feet.
4.
Minimum Side Yard shall be eight feet.
5.
Minimum Rear Yard shall be 15 feet.
6.
Maximum DU/Acre - A maximum of five housing units are permitted.
7.
Development in this zone shall be exempt from Section 22-503 of the Borough's zoning ordinance (Apartments and Townhouses) as well as any other Borough standard conflicting with the bulk standards established herein.
8.
Building height shall be the vertical distance measured from the
average proposed grade at the perimeter of the building to the midpoint
of a non-flat roof, or to the top of a flat roof. Chimneys, antennas,
elevator equipment, cupolas, weather vanes, and mechanical and utility
equipment may exceed the permitted building height by five feet.
9.
Parking spaces situated parallel to the side lot line of the property
may be a minimum of eight feet in width. No landscaping other than
grass shall be required alongside such parallel parking spaces.
10.
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 22 feet from the front
yard property line and five feet on the side yard property line.
e.
Parking and Loading.
f.
Off Street Parking. Off street parking shall be set back a minimum
of 22 feet from the front lot line, three feet from the site lot line
and 30 feet from the rear lot line.
g.
Fencing. Notwithstanding the set-back requirements for other accessory
uses, fencing is permitted along the rear yard or side yard property
line. Such fencing may be up to six feet in height and be of solid
construction.
h.
Trash Enclosure. Trash enclosure shall be masonry block and shall
not be located closer than 15 feet from the rear lot line nor closer
than 36 feet from the side lot line.
i.
Driveway Aisle. Driveway aisle width shall be a minimum of 22 feet.
j.
Landscaping. Landscaping along the southern property line shall be
pervious material and shall not require planting.
k.
Signage.
1.
One monument sign with a maximum area of 40 square feet may be provided
along the lot frontage if set-back five feet from the Route 71 street
line as of January 1, 2022. The monument sign may provide information
regarding the residential and non-residential uses in the building.
2.
Numbers indicating the addresses of the multi-family residential
buildings are permitted to be mounted on the building facade, not
to exceed eight square feet and not to protrude more than six inches
from the building's surface.
l.
Deviations from Concept Plan. Development in the Affordable Housing
Zone shall generally conform to the Concept Plan, dated (submission
date) January 18, 2022. However, it is the intent that the applicant
can make reasonable refinements to the Concept Plan and that the Board
shall approve those refinements even if such refinements require variance
relief.
m.
Affordable Housing.
1.
One, single, non-age-restricted, two-bedroom affordable housing unit
on the street level, or 20% of the five residential units, shall be
affordable to eligible very-low-income households, as defined as those
households earning 30% or less of the regional median income, pursuant
to N.J.S.A. 52:27D-329.1.
2.
Pursuant to the Uniform Housing Affordability Controls, N.J.A.C.
5:80-26.1, et seq. ("UHAC"), the affordable unit shall be subject
to affordability controls of at least 30 years from the date of initial
occupancy and affordable deed restrictions as provided for by UHAC,
with the sole exception that very-low income shall be defined as at
or below thirty 30% of median income pursuant to the Fair Housing
Act, and the affordability controls shall remain unless and until
the Borough, in its sole discretion, takes action to extend or release
the unit from such controls after at least 30 years. If the Borough
acts to release the unit from such controls, affordability controls
shall remain in effect until the date on which a rental unit shall
become vacant due the voluntary departure of the occupant household
in accordance with N.J.A.C. 5:80-26.11(b).
3.
The affordable unit shall comply with the UHAC regulations with regards
to the pricing of rents or sale prices associated with very-low income
households at 30% or less of median income, pursuant to N.J.S.A. 52:27D-329.1.
4.
Construction of the affordable unit shall be phased in accordance
with N.J.A.C. 5:93-5.6(d). The affordable unit shall be deed restricted
prior to issuance of the certificates of occupancy, and a copy of
the deed restrictions shall be provided to Fair Share Housing Center
(510 Park Boulevard, Cherry Hill, New Jersey 08002) upon recording.
5.
The affordable unit shall utilize the same heating sources as the
market unit within the inclusionary development.
6.
With regard to ADA compliance, the very-low income housing provided
as townhouses or multistory dwelling units shall comply with N.J.A.C.
5:97-3.14.
7.
The developer shall contract with an experienced administrative agent
in compliance with N.J.A.C. 5:80-26.14.
8.
The affordable unit shall be affirmatively marketed in accordance
with the UHAC, pursuant to N.J.A.C. 5:80-26.15, and applicable law
by an experienced administrative agent. The affirmative marketing
shall include posting of the affordable unit in the New Jersey Housing
Resource Center website in accordance with applicable law as well
as written notice to the following community and regional organizations:
Fair Share Housing Center (510 Park Boulevard, Cherry Hill, NJ 08002);
the New Jersey State Conference of the NAACP; the Latino Action Network
(P.O. Box 943, Freehold, NJ 07728); STEPS, OCEAN, Inc.; the Greater
Red Bank, Asbury Park/Neptune, Bayshore, Greater Freehold, Greater
Long Branch, and the Trenton branches of the NAACP; and the Supportive
Housing Association.
Conflicting Standards and Exemptions. The standards set forth
in the Affordable Housing Zone shall supersede any conflicting standards
elsewhere in the Land Development Ordinance. It is recognized that
the subject properties are relatively flat; and therefore, any Borough
land regulation related to slope shall not apply to the Affordable
Housing Zone. No municipal standard regulating tree removal or tree
replacement shall apply in the Affordable Housing Zone.
[Ord. #6-1989, § 607]
In recognition that certain necessary specific uses may be,
or become, inimical to the public health, safety and general welfare
of the Borough if located without due consideration to the existing
conditions and surroundings, the following standards and procedures
are hereby established for uses designated, as conditional uses. These
standards are intended to provide the Planning Board with a guide
for the purpose of reviewing and deciding upon certain uses not otherwise
permitted except under restrictions of this section. In approving
a site plan for a conditional use, the Planning Board may suggest
modifications and changes. Such changes and modifications, as well
as original provisions of the site plans which have not been modified,
shall be maintained as a condition of the establishment and maintenance
of any use to which they are appurtenant.
[Ord. #6-1989, § 607.1]
Places of worship may be permitted in any residential zone district
provided that the following standards and conditions are complied
with:
a.
The minimum lot area shall be 40,000 square feet and the minimum
frontage shall be 200 feet.
b.
Off-street parking shall be provided at the ratio of one off-street
parking space for each four seats in the building.
c.
Driveways shall cross sidewalk areas at right angles and shall be
no more than 24 feet wide at any point. Driveways must be at least
10 feet from any side lot line and 50 feet from the intersection of
street lines. No more than two driveways shall be permitted for each
200 feet of street frontage.
d.
The Planning Board may require buffers of plantings to protect surrounding
properties from the light and noise generated in the parking areas.
Not less than one tree shall be provided adjacent to the parking area
for each 10 off-street parking spaces.
[Ord. #6-1989, § 607.2]
Quasi-public buildings and recreation areas, including clubhouses,
parks, playgrounds, swimming pools, tennis courts and other such activities
operated by non-profit membership organizations may be permitted in
any residential zone district and the B-2 zone district, provided
that the following standards and conditions are complied with:
a.
The applicant must be a bona fide non-profit organization operated
solely for the recreation and enjoyment of the members of said organization.
b.
The proposed use will not adversely affect the safe and comfortable
enjoyment of property rights or otherwise adversely affect the value
of adjacent properties.
c.
The design of any structures erected in connection with such use
is in keeping with the general character of the residential area,
and that sufficient landscaping, including trees, shrubs and lawn,
are provided to serve as a buffer between said use and adjoining residential
properties, and to insure an attractive appearance for the use.
d.
The minimum lot area for such use shall be 10,000 square feet. The
minimum lot frontage shall be 75 feet. Not more than 50% of the land
area shall be occupied by buildings and structures.
e.
No building, structure or active recreation facility shall be located
within 25 feet of an adjacent lot in a residential zone district.
f.
The maximum number of members of the organization shall be fixed
at the time of application and shall be commensurate to the amount
of land to be used and the exact nature of the use. No increase in
the maximum number of members without application to and approval
by the Planning Board.
g.
Off-street parking spaces shall be provided at a ratio of one space
for each four memberships permitted under the terms of the Planning
Board approval.
[Ord. #6-1989, § 607.3]
Hospitals, nursing homes, philanthropic and eleemosynary uses
may be permitted in any residential zone district, provided that the
following standards and conditions are complied with:
a.
The minimum lot area upon which such use is proposed contains at
least two acres.
b.
No structure shall be erected nearer than 60 feet to any street line
or 30 feet to any property line. The minimum front and side yards
shall be increased by one foot for each foot the building exceeds
the maximum building height of the zone district, provided, however,
that no building height shall exceed 50 feet.
c.
Buildings shall not occupy more than 40% of the lot area.
d.
The proposed buildings shall conform to all other requirements of
the zone district in which it is to be located.
e.
Parking spaces shall not be located within 10 feet of a lot line
nor in the required front yard area. Where parking spaces are within
30 feet of a property line, it shall be screened with two rows of
plantings staggered on six foot centers, of species approved by the
Shade Tree Commission.
[Ord. #6-1989, § 607.4]
Public utility facilities needed to directly provide the service
of the utility to the consumer, such as pumping stations and transformers,
but excluding repair garages, offices, open storage and work areas
and similar commercially and industrially oriented aspects of the
utility service, may be permitted in any zone district, provided that
the following standards and conditions are complied with:
a.
The facility must be necessary for the convenient and efficient operation
of the public utility system or the satisfactory and convenient provision
of service by the utility to the neighborhood or area in which the
facility is to be located.
b.
The design of any building shall conform with the general character
of the area in which it is proposed to be located. Its construction
must not adversely affect the safe and comfortable enjoyment of property
rights of the zone district in which it is located. Adequate visual
screening with landscaping shall be provided as recommended by the
Shade Tree Commission.
c.
Buildings, facilities, fences, safety devices and landscaping must
be periodically maintained.
[Ord. #6-1989, § 607.5]
Motor vehicle service stations may be permitted in the B-2 zone
district provided that the following standards and conditions are
complied with:
a.
The area devoted to building coverage shall not exceed 10% of the
total lot area.
b.
The minimum distance between property lines of service stations shall
be 1,500 feet when measured along the same street, or 500 feet when
measured from any portion of the property line in any direction, including
measurements into adjoining municipalities, whichever is greater.
c.
All storage areas, trash facilities, pits, lifts and working areas
shall be within a building. All lubrication, repair or similar activities
shall be performed in an enclosed building, and no dismantled parts
of vehicles shall be placed outside.
d.
All fuel pumps, air pumps and the islands upon which pumps are normally
located shall be set back from the street line at least 50 feet, and
from any other property line at least 35 feet. A minimum space of
25 feet shall exist between any two islands and between any island
and the service station building.
e.
No junked motor vehicle or part thereof and no unregistered motor
vehicle shall be stored outside an enclosed service station building
overnight. Not more than three vehicles awaiting service may be stored
outside the building overnight.
Storage of vehicles outdoors for more than 72 hours is to be
in an area enclosed with fencing and screened with shrubbery as approved
by the Planning Board shown on a site plan submitted in accordance
with this chapter.
f.
The exterior display and parking of equipment for rent or sale shall
be permitted, provided the area devoted to this purpose is in addition
to the minimum lot size required for a service station, the area devoted
to this purpose does not exceed 20% of the total area of the entire
site, the maximum sign area for a service station is not exceeded
and the location of the equipment being offered for rent or sale does
not interfere with the off-street parking requirements for the service
station and does not interfere with the traffic circulation indicated
on the approved site plan.
g.
It is intended that service stations be designed compatibly with
the architectural appearance of existing permitted commercial uses
in the zone in which they are located, that they not be stripped along
the available highway frontage or at each quadrant of a convenient
intersection. Ingress and egress shall be designed to recognize the
turning movements generated. The access points shall be coordinated
with the access points required for nearby uses, frequency of intersecting
side streets and maintaining building setbacks compatible with the
required setbacks and landscaping.
[Ord. #6-1989, § 608]
Residential cluster developments may be permitted in the R-1
zone district, provided that the following standards and conditions
are complied with:
a.
The purpose of this section is to provide a method of preserving
land for open spaces, common property, conservation areas, floodplains,
recreation areas and parks. These areas are preserved by permitting
a reduction in lot sizes without increasing the number of lots or
permitted number of dwelling units.
b.
Cluster developments may be approved in accordance with the following
standards:
1.
All dwelling units shall be connected to approved and functioning
central water supply and central sewage disposal systems.
2.
The maximum number of lots or dwelling units per gross acre of the tract shall be as shown in the Schedule of Permitted Uses, Yard, Area and Bulk Requirements in Section 22-612, except that for business zones, the density shall be as specified for the R-4 zone district.
3.
A minimum percent of the total tract to be set aside for either open
space, common property or public areas, excluding street rights-of-way,
shall be 20%.
c.
Open space donated to the Borough shall meet the following requirements:
1.
The minimum area of each parcel shall be one acre.
2.
It shall be an integral part of the development and located to best
suit the purpose(s) for which it is intended.
3.
Every parcel accepted by the Borough shall be conveyed by deed at
the time final plat approval is granted.
4.
Lands offered to the Borough shall be subject to approval by the
governing body after recommendation by the approving authority. The
approving authority shall be guided by the Master Plan, the ability
to assemble and relate such lands to an overall plan, the accessibility
and potential utility of such lands to serve the intended purpose
and such existing features as topography, soils, wetlands and tree
cover as these features may enhance or detract from the intended use
of lands. The approving authority may request an opinion from other
agencies or individuals as to the advisability of accepting any lands
to be offered.
[Ord. #6-1989, § 609]
Except as hereinafter provided, the following general regulations
shall apply in all zone districts.
[Ord. #6-1989, § 609.1; Ord. #22-2005]
No building shall hereafter be erected and no existing building
shall be moved, structurally altered, rebuilt, added to or enlarged,
nor shall any land be used for any purpose other than those included
among the uses listed as permitted uses in each zone by this chapter
and meeting the requirements set forth in the Schedule of Permitted
Uses and Requirements. No open space contiguous to any building shall
be encroached upon or reduced in any manner, except in conformity
to the requirements for yard, lot area, building location, percentage
of building coverage, off-street parking and loading, and all other
regulations designated in the schedule and this chapter for the zone
district in which such building or space is located. In the event
of any such unlawful encroachment or reduction, such building or use
shall be deemed to be in violation of this chapter, and any building
permit or other permit, if issued shall become void.
[Ord. #6-1989, § 609.2]
Every principal building shall be built upon a lot with frontage
on a public street, which has been improved to meet Borough standards
or, the improvement of which has been insured by the posting of a
performance guaranty pursuant to the provisions of the Land Subdivision
Ordinance of the Borough.
[Ord. #6-1989, § 609.3]
All residential lots shall have curb constructed for the full
frontage of the lot. The full height curb, and the dropped curb for
the driveway, shall meet the standard specifications of the Borough.
[Ord. #6-1989, § 609.4]
In the event that a development adjoins or includes existing
Borough streets that do not conform to widths as shown on either the
Master Plan or Official Map or the street width requirements of this
chapter, additional land along one or both sides of the street shall
be donated to the Borough for widening the street to meet the width
shown on the Master Plan or Official Map. If the subdivision is along
one side of the street only, 1/2 of the required extra width shall
be provided.
[Ord. #6-1989, § 609.5]
No residential lot shall have erected upon it more than one
principal building, and no yard or other open space provide about
any building for the purpose of complying with the provisions of this
chapter shall be considered to provide a yard or open space for any
other building.
[Ord. #6-1989, § 609.6]
No artificial lights shall be used on any building or premises,
which because of intensity, location, color or any other factor, disturb
the comfort, health or safety of those residing, working or using
public property, including streets within the range of said lights.
[Ord. No. 6-1989, § 609.7; Ord. No. 2017-07 § 7]
No swimming pool shall be located within 10 feet of any rear
or side property line; the 10 feet shall be measured from the pool
line nearest to any rear and/or side property line. No swimming pool
shall be within five feet of the principal building or any accessory
building. In no case shall the swimming pool be nearer any street
than the principal building to which the pool is an accessory. A fence,
permanent barrier or obstruction not less than four feet nor more
than six feet in height, shall entirely enclose the area on which
the swimming pool is located and bar all reasonable and normal access
to the pool. Access to the area shall be through self-closing and
latched gate or gates. The barrier may enclose a portion of the yard
surrounding the pool. The barrier shall meet State of New Jersey requirements
and be approved by the Borough Construction Official.
[Ord. No. 2017-07 § 12]
Any open area between the lowest finished floor area and the
existing grade shall be enclosed with a breakaway wall or screening.
All exposed pilings shall be enclosed. These requirements apply to
elevation of an existing building, a new building constructed on an
existing foundation or construction of a new building.
[Ord. No. 2017-07 § 12]
A Water infiltration system for total roof runoff shall be required
for all new construction and for roof runoff created by any major
additional construction. The water infiltration system shall be installed
in accordance with New Jersey Stormwater Best Management Practices
Manual. The system is to be designed for a total volume of 1.5 inches
per square foot of roof area.
[Ord. No. 2017-07 § 12]
Mechanical equipment shall include but not be limited to the
following: permanent generator, air-conditioning, heat pump, pool
equipment, ventilation equipment. The placement of the mechanical
equipment shall comply with all setback requirements for the zone
in which the building is located. The equipment shall not have the
base of the equipment more than 14 inches above the ground (the base
may be elevated to the minimum level as allowed by FEMA requirements
if that level is higher than 14 inches above the ground).
a.
Location of Mechanical Equipment on Property.
1.
Mechanical equipment adjacent to the principal building or any accessory
building:
(a)
Any property with less than a ten-foot side yard setback shall
have all mechanical equipment in the rear yard.
(b)
Equipment located in the side yard shall have a five foot clearance
from the unit to the nearest property line.
(c)
Equipment located in the rear yard shall not project beyond
the side building lines of the principal building.
(d)
Equipment located in the side yard shall be screened on the
three non-adjacent sides.
(e)
All permanent generators shall be located in the rear yard.
(f)
A permanent generator shall not be located closer than five
feet from the nearest property line. If a permanent generator is located
in the rear yard setback then the generator shall be fully enclosed
in a sound attenuating cabinet.
[Ord. #6-1989, § 610.1]
As used in this section:
Shall mean a (wall) sign attached to the wall of a building
or structure and mounted flat against the wall so that the face of
the sign is parallel with the surface of the wall.
Shall mean a ground sign placed at the intersection of an
arterial street and intersecting street in proximity to a commercial
area located off the arterial street, which sign contains the names
of businesses in the commercial area but no advertising or descriptive
material.
Shall mean to build, construct, attach, place, suspend or
affix, including the painting of signs or displays on the exterior
surfaces of a structure.
Shall mean a wall surface itself and the surface of a sign
upon, against or through which the message is displayed or illuminated
on the sign.
Shall mean any illuminated sign emitting intermittent, noncontinuous
light.
Shall mean a sign supported by uprights or braces inserted
in the ground and not attached to any building, where the sign is
elevated above the ground by a firm supporting device.
Shall mean any sign supported by uprights or braces inserted
in or anchored to the ground and not attached to any building, where
the bottom of the sign is not more than six inches above the ground
surface.
Shall mean any lighted sign.
Shall mean any sign which has its light source within the
sign projecting outward.
Shall mean any device, item, structure, fixture, or other
personal property, and including a marquee, canopy, awning, or clock,
bearing advertising which is placed on the property by the owner or
operator, whether placed to attract attention to the business activity
or for any other purpose.
Shall mean for the purposes of this chapter, ground signs,
freestanding signs, construction signs, attached signs and traffic
control devises and signs shall be considered "permanent signs."
Shall mean any person, firm, partnership, association, corporation,
company or organization.
Shall mean a freestanding sign.
Shall mean any sign, whether or not supported by uprights
or braces, which is not permanently inserted or anchored into the
ground or not permanently attached to any structure.
Shall mean any attached sign other than a wall sign.
Shall mean a freestanding sign.
Shall mean any sign erected, constructed and maintained wholly
upon or above the roof of any building with the principal support
of the sign on the roof structure.
Shall mean any announcement, declaration, demonstration,
display, illustration, insignia (logo) or other visual communication,
placed in a position to be seen by the general public from any street
or public way, which is used to advertise or promote the interest
of any person, product or service.
Shall mean and include all lettering, wording, coloring and
accompanying designs and symbols, together with the background, whether
open or enclosed, but not including any supporting framework and bracing
incidental to the display itself. A freestanding sign with two exposures
shall have a total sign area consisting of the area of one side of
the sign, but both sides may be used.
Shall mean any sign, banner or other advertising device,
with or without structural frame, intended for a limited period of
display, including but not limited to for sale/rent/lease signs, tenant
signs, special event signs, election signs, sale signs, informational
and directional signs and flags.
Shall mean flat (attached) signs placed against the exterior
wall of any structure with the face of the sign not more than 15 inches
from the surface of the wall.
Shall mean any permanent or temporary sign attached or otherwise
displayed on or through the window of any building.
[Ord. #6-1989, § 610.2]
a.
Except as otherwise provided in this chapter, it shall be unlawful
for any person to erect, alter, relocate or to permit to exist on
his premises any sign as defined in this chapter without first making
application for and obtaining a sign permit from the Code Enforcement
Officer.
b.
Where site plan approval is required prior to the issuance of a building
permit, all applications for sign permits shall be made to the approving
authority as part of the site plan application. Upon approval of the
site plan, the approving authority shall certify in writing to the
Code Enforcement Officer that the sign conforms to this chapter or
that a variance from same has been granted. Thereupon, the Code Enforcement
Officer shall issue the sign permit.
c.
Where site plan approval is not required, the Code Enforcement Officer
shall examine the application and determine whether the application
and the proposed sign comply with the applicable provisions of this
chapter and other ordinances. In addition, the Code Enforcement Officer
shall be satisfied that the proposed sign shall be erected so as not
constitute any hazard to the public or cause any damage to property.
d.
The Code Enforcement Officer shall issue or deny a sign permit within
15 days of receipt of a properly completed application, including
the paid fee, or certification of approval from the approving authority.
e.
In the event the sign permit is denied, the denial shall be in writing,
setting forth the reasons. The applicant shall have the right to appeal
the determination to the Zoning Board of Adjustment.
f.
If the work authorized by the sign permit shall not be completed
within one year of the date the sign permit is issued, the sign permit
shall be null and void.
g.
The number of the sign permit issued by the Borough shall be painted,
or affixed, to a surface of the sign in letters or numbers not less
than one inch in height.
[Ord. #6-1989, § 610.3]
Application for a sign permit shall be made in duplicate on
forms to be furnished by the Borough and shall be accompanied by a
nonrefundable fee of $25. The application shall contain the following
information:
a.
Name, address and telephone number of the applicant as well as the
owner of the premises upon which the sign is sought to be erected.
b.
Name, address and telephone number of the person or firm erecting
the sign.
c.
Written consent of the owner of the structure or land to which or
on which the sign is to be erected, if applicant is other than the
owner.
d.
Attached to each copy of the application shall be plans prepared
by the applicant or on his behalf, which shall include the following:
1.
The location and dimension of all boundary lines of the premises
and all buildings and structures, including existing signs, on said
premises, showing their respective setbacks from the boundary lines.
2.
The location of the proposed sign, showing distances from all boundary
lines, sidewalks, streets, buildings, structures and existing signs.
3.
A diagram of the proposed sign, showing all dimensions and the heights
above ground with a graphic illustration of the proposed sign content.
4.
The method of construction and materials to be used, including the
mode of illumination, if any, and the manner in which it will be connected
to the ground or building.
[Ord. #6-1989, § 610.4]
a.
Continuance. Except as otherwise provided in this section, the lawful use of any sign existing at the date of the adoption of this chapter, which is not a portable or temporary sign as defined in subsection 22-610.1 above, may be continued although such sign does not conform to this chapter, provided that no nonconforming signs shall be enlarged, extended, increased or changed in material, character, location, illumination or message. Signs of a portable or temporary nature existing as of the date of the adoption of this chapter shall be subject to the provisions of this chapter and as such same shall be removed upon this chapter becoming law.
b.
Abandonment. A nonconforming sign shall be presumed to be abandoned when there occurs a cessation of any use or activity to which the sign is accessory pursuant to subsection 22-610.8, paragraph f.
c.
Restoration. In the event any nonconforming sign shall be partially
destroyed by reason of windstorm, fire, explosion, or act of God,
such sign may be restored or repaired, provided there is no change
in size or location. In the event a nonconforming sign shall be totally
destroyed by reason of any of the above elements, said sign shall
not be rebuilt or reconstructed except in conformance with the provisions
of this chapter. Totally destroyed for purposes of this paragraph
shall be defined as a sign which is more than 50% destroyed.
d.
Reversion. No nonconforming sign shall, once it has become a conforming
sign, be changed or altered in any manner so that it again becomes
a nonconforming sign.
[Ord. #6-1989, § 610.5]
a.
In the event the Code Enforcement Officer shall determine that any
sign, including any nonconforming sign, is unsafe, insecure, in need
of repair, not maintained in proper condition or has been constructed,
erected or installed in violation of any of the provisions of this
chapter, the Code Enforcement Officer shall give written notice of
such violation to the permit holder and owner of the premises. If
the violation(s) is not remedied within 10 days after receipt of the
notice, a complaint shall be filed against the person(s) responsible
for the violation in the Municipal Court. In the event such sign violation
constitutes an immediate danger to the safety of persons or property,
the Code Enforcement Officer shall have the sign removed immediately
at the expense of the person(s) responsible for the violation. In
such event, notice to the person(s) responsible for the violation
shall not be required prior to the ordering of the work.
b.
All signs in the Borough shall be well maintained, clean and all
painted surfaces shall be repainted as needed.
[Ord. #6-1989, § 610.6]
a.
Nameplates. Not more than one nameplate sign identifying the occupant
of the building and which may designate the profession of the occupant
may be erected in a residential zone, provided that such sign shall
not exceed two square feet. No sign permit shall be required for such
nameplate sign.
b.
Special Event Signs.
1.
Not more than one special event sign announcing or advertising an
educational, civic, or religious special event may be erected or maintained
per property.
2.
The sign shall not exceed 24 square feet in area.
3.
A sign may be erected for a period not to exceed 21 days either continuously
or in aggregate during any one calendar year.
4.
No special event sign shall be erected within a sight triangle as
defined in this chapter.
c.
Election Campaign Signs.
1.
No more than one election campaign sign supporting or making a statement
concerning a local, County, State or Federal election may be erected
or maintained on a property.
2.
The sign shall not exceed 12 square feet in area.
3.
No sign shall be erected more than 21 days prior to the election
and no sign shall remain more than seven days after the election.
4.
No election sign shall be erected within a sight triangle as defined
in this chapter.
5.
No election sign shall be erected on publicly owned property or publicly
owned rights-of-way.
d.
Informational and Directional Signs.
1.
Signs containing street number designations, household nameplates,
postal boxes, historical markers, directional signs and advisory signs
such as but not limited to "Private Property", "No Soliciting", "No
Trespassing", "Warning Dog", shall be permitted provided that they
do not exceed two square feet in area.
2.
Pavement markings, "One-Way", "Do Not Enter" or "Stop" signs designed
and utilized to control the flow of traffic on property are permitted.
e.
Traffic Control Devices and Signs. All signs and signals owned or
operated by the Borough, County, State or United States of America
are permitted. No sign permit shall be required.
f.
Flags. One flag of the United States of America, State of New Jersey,
or the Borough of Spring Lake Heights shall be displayed on a property
at one time. The flag pole shall not exceed 35 feet in height and
the flag shall not exceed the dimensions of five feet by eight feet.
g.
For Sale/Rent/Lease Signs Which do Not Exceed Four Square Feet in
Area.
1.
Not more than one sign may be erected or maintained on a property
advertising the availability of the property or a structure located
on the property or a portion thereof.
2.
Within seven days of the execution of a contract of sale or lease,
the sign shall be removed from the premises, during which time, the
sign may be modified to indicate that the premises has been sold/leased.
h.
Development Signs.
1.
One sign at the entrance to a development noting the name of the
development, the developer and any professionals or contractors. The
sign shall not exceed 24 square feet in area.
2.
One sign in front of each model home giving the name of the model
and other pertinent information. The sign shall not exceed four square
feet in area.
i.
Posted "Warning", "No Trespassing" and "Danger" signs not exceeding
two square feet are permitted, and no sign permit shall be required.
[Ord. #6-1989, § 610.7; Ord. #11-2007, § 1]
a.
Signs, except construction signs, permitted in residential zones.
b.
Tenant Signs.
1.
Not more than two tenant signs per business identifying the occupants
of the building and their profession may be erected and maintained.
One of the two signs must be attached to the wall of the building
in accordance with paragraph f of this subsection.
2.
The tenant sign not attached to the building shall not exceed two
square feet in area.
3.
On premises having more than one business, tenant signs may be accumulated
into a directory ground sign; provided that all tenant signs not attached
to the building are included in the ground sign and provided further
that the overall sign area does not exceed two square feet per business
or 40 square feet in total, whichever is less.
c.
Sales and Credit Card Signs. A sign permit shall not be required.
1.
Sale, "credit card accepted", and signs for business, advertising,
or announcement of special events shall be permitted without limitation
to number, provided that the aggregate area of the signs in windows
does not exceed 25% of the gross glass area of the wall in which the
window is located or in doors does not exceed 10% of the door glass
area.
2.
Sale signs shall be affixed to the inside surface of the window glass.
3.
A temporary sign announcing the bona fide opening of a new business
may be used for one consecutive period of 30 days in any calendar
year.
d.
Ground Signs.
1.
One ground sign shall be permitted on a property where any single
building containing one or more separate established businesses. The
sign shall not exceed 40 square feet in area and may display the name,
address, or symbol (logo) for the business(es).
2.
Ground signs shall only be illuminated externally.
3.
Ground signs shall only advertise the business conducted on the property
or the services and products produced, made, or sold on the premises.
e.
Construction Signs.
1.
One sign per premises on which construction pursuant to site plan
approval is underway shall be permitted, provided that the sign shall
not exceed 24 square feet in area. The sign shall be removed prior
to the issuance of the Certificate of Occupancy.
2.
Construction signs may only advertise the project to be erected,
the name of the developer, financial institution funding the construction,
and the broker or agent responsible for sale/rental/lease of the project.
f.
Attached Signs (Other Than Tenant Signs). Attached signs shall be
signs attached to a building or other similar structure.
1.
One attached sign shall be permitted per business on a property and
shall only advertise the business conducted on the property or the
services and products produced, made or sold on the premises.
2.
Attached signs may only be illuminated externally.
3.
Attached signs shall not project higher than the highest point of
the parapet, facade or roof eave of the building to which it is affixed.
4.
A sign shall not project more than 15 inches from the wall surface
to which it is attached, nor beyond the property line bounding the
property upon which it is erected, nor shall it overhang the public
street or sidewalk.
5.
The area of attached signs shall not exceed 10% of the total wall
area on which it is mounted and shall not be for more than five feet
in height.
6.
Signs in a shopping center shall be of a consistent design approved
as part of the site plan approval. Where a sign is hung under the
covering over a walkway, it shall not exceed 12 square feet in area
nor shall it extend lower than eight feet above the walkway.
g.
Freestanding Signs.
1.
In lieu of a ground sign, one freestanding sign shall be permitted
provided it is constructed so that the sign is separated from the
ground by a pole, stanchion, beam, or other similar item.
2.
All ground signs shall be securely built, constructed and erected
upon posts and standards sunk at least three feet below the natural
surface of the ground, and shall be properly supported. All posts,
anchors, and bracing of wood shall be treated to protect them from
moisture by using generally accepted methods when they rest upon or
enter into the ground. All ground signs and the premises surrounding
the same shall be maintained by the owner thereof in a clean, sanitary,
and inoffensive condition, and free and clear of all obnoxious substances,
rubbish, and weeds.
3.
The size of the freestanding sign at the minimum setback line shall
not exceed 40 square feet.
4.
Freestanding signs shall only be illuminated externally.
5.
Freestanding signs shall only advertise the business conducted on
the property and/or the services and products produced, made, or sold
on the premises.
6.
The base of freestanding signs shall be screened with plantings.
h.
Height and Setback Requirements.
|
Sale/Rent/Lease, Tenant, Special Event, Election, Informational
and Directional
|
Freestanding Ground Construction
| |
|---|---|---|
|
Minimum front yard setback (feet)
|
0
|
10
|
|
Minimum side yard setback (feet)
|
5
|
5
|
|
Maximum sign structure height (feet)
|
4
|
20 Freestanding 5 ground and construction
|
[Ord. #6-1989, § 610.8]
a.
In the case of a two faced sign each side shall not exceed the permitted
area, provided the two faces are parallel and are separated by a maximum
distance of 15 inches.
b.
All signs shall be constructed of weatherproof materials and placed
so as not to prevent free ingress to and egress from any door, window
or fire escape.
c.
All wall signs shall be safely and securely attached to the building.
d.
If any permitted sign shall be illuminated, the illumination shall
cause no glare or blinding light to adjacent properties or roadways.
Furthermore, no ground sign shall be illuminated by more than two
floodlights on the ground or on individual poles or in combination.
e.
Signs which project more than 15 inches from buildings, flashing
signs, portable signs, billboard signs, rotating signs, roof signs
and a sign on a motor vehicle or trailer parked or designated to be
parked for advertising purposes are all prohibited.
f.
Any sign which no longer advertises a bona fide business or product
sold shall be taken down or removed by the owner, agent or person
having the beneficial use of the building or structure or premises
on which such sign is located within 10 days after receipt of written
notification from the Code Enforcement Officer. Upon failure to comply
with such notice, the Code Enforcement Officer is authorized to file
a complaint in Municipal Court against the person(s) responsible for
the violation.
g.
Other advertising structures not expressly permitted in this section
are prohibited.
[Ord. #6-1989, § 610.9]
Unless otherwise provided in this chapter, all permitted ground
signs in any zone shall be no lower than four feet in height and shall
not exceed 20 feet in height as measured from the average grade at
the base of the sign to the top of the sign. Ground signs shall be
located only in the front yard and shall comply with the setback requirements
of paragraph h of subsection 610.7 of this chapter.
[Ord. #6-1989, § 610.10]
No sign shall be permitted within any sight triangle except
directional signs not exceeding two square feet in area and not exceeding
three feet in height and whose location shall be approved in writing
by the approving authority, and also except signs owned or operated
by the Borough, County, State or United States of America.
[Ord. #6-1989, § 610.11]
No sign shall be erected at the intersection of any streets
in such a manner as to obstruct free and clear vision; or any location
where by reason of the position, shape or color, it may interfere
with, obstruct the view of or be confused with any authorized traffic
sign, signal or device; or which makes use of the words "STOP", "LOOK",
"DRIVE-IN", "DANGER" or any other word, phrase, symbol or character
in such manner as to interfere with, mislead or confuse traffic.
[Ord. #6-1989, § 611; Ord. #18-1990, § 5;
Ord. #7-2003, § 2]
Minimum off-street parking and loading spaces shall be provided
as follows:
a.
Where on-street parking in a residential street right-of-way is not
available, additional off street parking of 0.25 spaces per dwelling
shall be required for visitor parking.
b.
One space for each studio or efficiency dwelling unit.
c.
The stipulated minimum parking requirements set forth in the ordinance
may be reduced, based upon the written findings of a qualified parking
consultant that the particular use(s) involved are adequately served
by regularly scheduled public transportation such as bus or rail,
van pooling and/or bicycle usage to be provided at levels such that
use of private passenger vehicles will be significantly reduced.
See following schedules for minimum off-street parking and loading
requirements.[1]
[1]
Editor's Note: The Schedule "Minimum Off-Street Parking and
Loading Requirements" is included as an attachment to this Chapter.
[Ord. #6-1989, § 612; Ord. #18-1990, § 6;
Ord. #1-1991, § 1; Ord. #22-2005; Ord. #11-2007 § 1; Ord. No. 13-2009; Ord.
No. 2017-02 § 2; Ord.
No. 2017-07 § 9]
[1]
Editor's Note: Two "Schedule of Permitted Uses, Yard, Area
and Bulk Requirements" are included as attachments to this Chapter.
[Ord. #3-2005, § 1]
Cornices and eaves, chimneys and bay windows shall not project
more than two feet into any yard setback required by zone. In no event
shall any cornices, eaves, chimneys and/or bay window projection be
any closer than eight feet to any side yard lot line or result in
the enlargement of any nonconforming structure. Additionally, no chimney
projection into a yard setback shall be larger than 10 square feet
on a lateral plane.
[Ord. #18-1990, § 7]
a.
General. The inclusionary housing provisions of this chapter are
directed toward increasing the supply of low and moderate income housing
within the Borough of Spring Lake Heights. These regulations are designed
to meet the mandate of Mount Laurel II. Units in the RML Residential-Mount
Laurel Zone shall be built as herein provided. Each such development
shall consist of 10% low income housing and 10% moderate income housing
other than elderly housing. The proportions of low versus moderate
income units may be varied in order to comply with applicable funding
guidelines of any sponsoring governmental financing agency.
b.
Affordability Criteria.
1.
For-Sale Dwellings. Monthly cost of shelter to include mortgage (principal
and interest), taxes, insurance and homeowners or condominium association
fees, shall not exceed 28% of gross household income as defined and
adjusted from time to time for varied low or moderate income household
sizes by the U.S. Department of Housing and Urban Development.
2.
For-Rent Dwellings. Monthly cost of shelter to include contract rent
and utilities (gas, electric, oil, water and sewer) shall not exceed
30% of gross household income as defined and adjusted from time to
time for low or moderate income household sizes by the U.S. Department
of Housing and Urban Development.
3.
In order to insure that both low and moderate income units are affordable
by the range of households within each house size, the average price
of low and moderate income units within an inclusionary development
shall be affordable to households at 57.5% of the median income as
contained in N.J.A.C. 5:92-12.4.
4.
The following range of affordability for purchased housing shall
be required for every 20 low and moderate income units:
|
Low
|
1 at 40.0 through 42.5%
|
|
3 at 42.6 through 47.5%
| |
|
6 at 47.6 through 50.0%
| |
|
Moderate
|
1 at 50.1 through 57.5%
|
|
1 at 57.6 through 64.5%
| |
|
1 at 64.6 through 68.5%
| |
|
1 at 68.6 through 72.5%
| |
|
2 at 72.6 through 77.5%
| |
|
4 at 77.6 through 80.0%
|
5.
For initial occupancy, priority shall be given to households within
a particular income category with flexibility based on New Jersey
Housing and Mortgage Finance Agency affordability controls criteria.
6.
For purposes of relating affordability to household size, households
of the following size shall be assumed to occupy units of the following
size:
|
0 bedrooms
|
1 person
|
|
1 bedroom
|
2 persons
|
|
2 bedrooms
|
3 persons
|
|
3 bedrooms
|
5 persons
|
|
4 bedrooms
|
7 persons
|
c.
Distribution and Locational Criteria.
1.
In any R-ML development, to the extent reasonably attainable, the
low and moderate income units shall be situated generally so as not
to be in less desirable locations than any market units and shall
be no less accessible to common open space, public facilities, or
shopping facilities (if provided) than any market units.
2.
To the extent reasonably attainable, low and moderate income units
are to be dispersed within a mixed development, and concentration
of all the required units in one location of the Borough is to be
avoided.
3.
At a minimum, 35% of the low and moderate income units shall be two
bedroom units, and 15% shall be three bedroom units. Efficiency units
shall not be permitted.
d.
Staging. The low and moderate income units shall obtain certificates
of occupancy in tandem with the market rate units according to the
following schedules:
|
Market Rate Unit Percentage
|
Lower and Moderate Income Unit Percentage
|
|---|---|
|
up to 25%
|
0 (none required)
|
|
25% + 1 unit
|
At least 10%
|
|
50%
|
50%
|
|
75%
|
75%
|
|
90%
|
100%
|
|
If a number of low and moderate income units to be provided
includes a fraction, the number shall be rounded up. If the number
of market rate income units permitted includes a fraction, the numbers
shall be rounded down.
|
e.
Maintaining and Availability.
1.
All low and moderate income dwelling units, with the exception of
those units which may be developed with Federal or State funds, in
which case that financing program's controls shall govern, shall be
required to control the resale price of for sale units by means of
covenants running with the land or to other legal mechanisms in a
form approved by the Borough Attorney which will insure that such
housing will remain affordable to persons of low and moderate income
for a minimum thirty-year period.
2.
The owner of rental units shall provide legal documentation in a
form approved by the Borough Attorney to assure that, upon rerental,
units will remain affordable to persons of low and moderate income
for a minimum thirty-year period.
3.
A developer of low and moderate income units shall implement a written
affirmative marketing plan formulated in conjunction with the Affordable
Housing Board and approved by the Planning Board. The plan shall also
establish a marketing approach for resale or rerental of units.
4.
Owner-occupied rehabilitated units shall be sold or rented at market
rates after six years and renter-occupied rehabilitated units to be
rerented at market rates after 10 years.
5.
An Affordable Housing Board shall be established by the Borough to
develop rules, procedures and fee structures for ensuring implementation
of the above affordability guidelines and otherwise assist in the
equitable administration of initial sales and rentals, as well as
resale and rerentals of low and moderate income dwelling units.
f.
Subsidy Requirements. Government subsidy programs may be used at
the discretion of the applicant to fulfill the low and moderate income
requirements of this section. The lack of such subsidies shall in
no way defer or waive the low and moderate income requirements of
this chapter.
g.
Enforcement; Applicability.
1.
In the event, in addition to any other remedies provided by law, an applicant fails to construct and sell or rent his required low and moderate income housing in accordance with the provisions of his final approval and this section, he shall be subject to a revocation of this development permit, cessation of issuance of Certificates of Occupancy until the development is brought into compliance, and/or be subject to the penalties in Article X, Section 22-1001.
2.
Developers seeking final approval for projects containing low and
moderate income dwelling units shall certify that information and
data contained on all subdivision and/or site plan review application
forms is true and complete, and if not true and complete, the developer
shall be subject to criminal prosecution under N.J.S.A. 2c:28-2 and
also that the Borough, at its option, may declare all subsequent approvals
associated with the subject project or development, void and unenforceable.
3.
Developers seeking final approval for projects containing low and
moderate income dwelling units shall provide a declaration of covenants
and restrictions in a form acceptable to the Borough Attorney, including
provisions to assure the initial sales or rental as well as subsequent
resales and rerentals of dwelling units in accordance with the requirements
of this section and applicable sections of the Borough's Land Development
Ordinance dealing with such housing.
4.
Developers seeking final approval shall also provide a written affirmative
marketing plan indicating how initial sales and rental units will
be marketed within procedures and priorities established for such
units herein.
h.
Restrictions on Use. Low and moderate income units shall only be
sold or rented to income-eligible low and moderate income households
as qualified by the Affordable Housing Board. Such units shall be
the primary residence of the occupant. Purchasers or tenants may lease
or sublet such units only to income qualified households and at rent
levels not exceeding those established for the unit unless prior written
approval of the Affordable Housing Board is obtained.
i.
Program Duration. The resale and rerental controls shall run for
a minimum period of 30 years, commencing from the initial sale or
rental contract transaction date. Owners of rental projects shall
be subject to the same minimum thirty-year rental control to assure
affordability to low and moderate income households. Rental units
may be converted to condominium units, but any sale of condominium
units shall be restricted to persons meeting low and moderate income
eligibility standards.
j.
Applications. All applicants for low and moderate income units shall
certify the correctness of all financial information supplied to the
Borough of Spring Lake Heights Affordable Housing Board.
[Ord. #18-1990]
a.
There is hereby created the Affordable Housing Board for the Borough
of Spring Lake Heights for the purpose of monitoring long term compliance
with the Mount Laurel II mandate within housing developments containing
low/moderate income housing. The Board's responsibilities will be
to (1) establish tenant/sale policies for use by developers in initial
marketing efforts and for individuals and owners in subsequent resales
or rentals of low/moderate income units; (2) establish resale/rerental
guidelines; and (3) generally enact additional rules and procedures
to assure that low and moderate income units constructed in Spring
Lake Heights remain available to such families for a minimum thirty-year
time period.
1.
Composition of Board.
(a)
The board shall consist of five members, one of whom may be
a member of the Borough Council, and all of whom shall be appointed
by the Borough Council. The Board shall be broadly representative
of the citizens of the Borough, including low and moderate income
persons, land owners and developers who are actively building housing
for such persons in the Borough and other citizens of the Borough.
(b)
Attendance by four members shall constitute a quorum. Passage
of any motion would require an affirmative vote by a majority of members
present.
(c)
The initial terms of office of Board members shall be one or
two years, to be designated when making the appointment. The terms
of office shall thereafter be three years, staggered, with re-appointment
at the pleasure of the Borough Council. The appointments shall be
made in such a manner that the terms of approximately 1/3 of the members
shall expire each year.
(d)
The Affordable Housing Board shall elect a chairman and vice-chairman
from among its members. Their terms of office shall be one year, and
they shall be eligible for reelection. The Board may also elect a
secretary who may or may not be a member of the Board and it may create
and fill such other offices as it shall determine. The Board may employ
or contract for and fix the compensation of such experts and other
staff as it deems necessary provided such obligations do not exceed
funds it has available for such use.
2.
Vacancies. The Borough Council may remove any member of the Affordable
Housing Board for cause on written charges served upon the members
and after a hearing thereon, at which time such member shall be entitled
to be heard, either in person or by counsel. A vacancy on the Board
occurring otherwise than the expiration of the term shall be filled
for the unexpired term in the same manner as an original appointment.
3.
Powers. The Affordable Housing Board is hereby granted and shall
have and exercise, in addition to other powers herein granted, all
the powers necessary and appropriate to carry out and execute the
purposes of this section, including, but not limited to, the following:
(a)
To prepare and forward to the Borough Council of the Borough
of Spring Lake Heights, such rules and regulations as it deems necessary
and appropriate to implement the purposes of this section. Said rules
and regulations, however, shall not have the force and effect of law
until they are adopted by ordinance according to law by the Borough
Council.
(b)
To supply information to developers and families of low and
moderate income to help them comply with the provisions of this section;
and
(c)
To adjudicate applications of individuals or families who believe
themselves to be families of low and moderate income. In connection
with this decision, gross aggregate household income means the total
gross household income from all sources of all members of the household.
In determining the amounts of income to be excluded, the Board shall
consider the number of minor children in the household and such other
factors as are given similar consideration under Federal and State
subsidized housing guidelines.
b.
Monitoring Program Operation.
1.
The first 50% of the units in a project may be reserved for households
that currently live in the municipality or have an adult member working
in the municipality. The balance of the units must be equally available
to all applicants.
(a)
Income Eligibility. The Board shall issue an Eligible Purchaser/Renter
Certificate upon receipt of a certification application used to determine
selection priority under subparagraph 1 above. The certification shall
be good for the year in which it is issued, or it may be renewed or
revoked pending changes in the household status certification by the
Board.
The Affordable Housing Board shall develop policy for Borough
Council approval regarding treatment of a qualified purchaser renter
whose gross annual household income increases beyond eligibility limits
during the period of their tenancy.
2.
Sale and Resale, Rental and Rerental Price Standards. Units initially
sold or rented as low or moderate income shall remain so at resale
or rerental.
(a)
Maximum resale price shall equal the sum of the following:
(1)
Price of unit paid by owner increased annually to year of sale
by the percentage increase in the region in which Spring Lake Heights
is located.
(2)
Cost of permanent improvements for which a prior approval from
the Board has been issued. Declared value shall be based on actual
documentation of labor and materials at the time of installation and
shall appreciate following the year of installation at the same rate
as the price initially paid.
(b)
Rent levels for rerental shall not exceed affordable prices
established for that unit size such that an income eligible renter
household shall not be required to pay (contract rent plus utilities)
more than 30% of the gross monthly household income as defined for
varied low and moderate income household sizes by the U.S. Department
of Housing and Urban Development.
(c)
The Board may grant exceptions to the resale and rerental ceiling
established by this section when peculiar circumstances associated
with a specific transaction make such ceiling impracticable or otherwise
inappropriate.
c.
Foreclosure Proceedings. The Board shall establish written regulations
dealing with foreclosure proceedings, extent of continuation of price
controls and distribution of funds from a foreclosure sale, subject
to approval by the Borough Council.
d.
Program Fee Requirements. All applicants seeking final approval for
development projects containing low and moderate dwelling units may
be required to pay an initial registration fee to be established by
the Borough Council at the time of issuance of a Certificate of Occupancy.
Upon resale or rerental of such units, a renewal fee shall be
assessed payable at the time of issuance of the Certificate of Occupancy
in the case of a resale or at the time of execution of a rental agreement
in the case of a rental unit.
Such fees collected shall be maintained in an escrow account
maintained by the Borough and expended only in the exercise of the
Borough Council's monitoring duties outlined herein.
e.
Rules and Procedures. The Affordable Housing Board shall develop
rules and procedures for ensuring implementation of the above guidelines
and otherwise assist in the equitable administration of initial sales
and rentals, as well as resales and rerentals of low and moderate
income dwelling units.
f.
The Affordable Housing Board shall have the primary responsibility
for developing and implementing an Affirmative Marketing Program that
addresses the occupancy preference requirements in N.J.A.C. 5:92-15.1.
The Affirmative Marketing Program shall identify representative groups
operating in Spring Lake Heights and its respective housing region
(for example, community based and civic organizations, council of
churches, welfare, and social service agencies, etc.). Further, the
program shall require that any developers and/or sponsors of projects
with 25 or more low and moderate income housing units actively market
these units to appropriate representative groups, as is specified
in the Affirmative Marketing Program.
The Affirmative Marketing Program shall commence at least 90
days before issuance of either temporary or permanent Certificates
of Occupancy, and shall continue until all low and moderate income
housing units are under contract or sale and/or lease. For initial
occupancy priority, households shall be screened for occupancy preference
as required by N.J.A.C. 5:92-15.1. These households shall be offered
contracts of sale and/or lease first and before other income eligible
households. When 50% of the housing units have been purchased or leased
according to N.J.A.C. 5:92-15.1, the remaining income eligible applicants
not yet under contract shall be pooled and offered contracts.
The Affordable Housing Board shall prepare progress reports
on an eighteen-month cycle from the date of substantive certification.
These shall be made available to the public and filed with the Council
on Affordable Housing. These reports shall provide an analysis of
the actual characteristics of households occupying low and moderate
income units compared to the occupancy preference in N.J.A.C. 5:92-15.1.
Three and six years from substantive certification, the Affordable
Housing Board shall prepare summary reports of their affirmative marketing
programs. These reports shall expand upon previous progress reports
by assessing the aggregate and up to date effectiveness of the programs.
If applicable, the Board shall recommend improvements to redress their
record of occupancy preference to reflect requirements as in N.J.A.C.
5:92-15.1.
[Ord. #3-2000 § A]
The purpose of this section is to establish guidelines for the
siting of wireless telecommunications towers and antennas and ancillary
facilities. The goals of this section are to: (1) protect residential
areas and land uses from potential adverse impacts of towers and antennas;
(2) encourage the location of towers on Borough owned property where
appropriate; (3) minimize the total number of towers throughout the
community; (4) strongly encourage the joint use of new and existing
tower sites as a primary option rather than construction of additional
single- use towers; (5) encourage the use of existing buildings, telecommunications
towers, light or utility poles, or water towers as opposed to construction
of new telecommunications towers; (6) encourage users of towers and
antennas to locate them, to the extent possible, in areas where the
adverse impact on the community is minimal; (7) ensure that all telecommunication
facilities, including towers, antennas and ancillary facilities are
located and designed to minimize the visual impact on the immediate
surroundings and throughout the community by encouraging users of
towers and antennas to configure them in a way that minimizes the
adverse visual impact of the towers and antennas through careful design,
siting, landscape screening, and innovative camouflaging techniques;
(8) enhance the ability of providers of telecommunications services
to provide such services to the community quickly, effectively, and
efficiently; (9) consider the public health and safety of telecommunications
towers; and (10) avoid potential damage to adjacent properties from
tower failure through engineering and careful siting of tower structures.
In furtherance of these purposes, the Borough of Spring Lake Heights
shall give due consideration to the Borough of Spring Lake Height's
master plan, zoning map, existing land uses, and environmentally sensitive
areas in approving sites for the location of towers and antennas.
[Ord. #3-2000 § B]
As used in this section the following items shall have the meanings
indicated:
Shall mean man-made trees, clock towers, bell steeples, flag
poles, and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
Shall mean the buildings, cabinets, vaults, closures and
equipment required for operation of telecommunications systems including
but not limited to repeaters, equipment housing, and ventilation and
other mechanical equipment.
Shall mean any exterior apparatus designed for telephone,
radio or television communications through the sending and receiving
of electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunications signals or
other communication signals. Parabolic dish antennas used for satellite
communications shall not be included within this definition.
Shall mean the lines that connect a provider's towers/cell
sites to one or more cellular telephone switching offices, and/or
long distance providers, or the public switched telephone network.
Shall mean surrounding a telecommunications tower and ancillary
facilities which lies between the tower and adjacent lot lines and/or
land uses.
Shall mean a company that provides wireless services.
Shall mean when two or more receiving and/or transmitting
facilities are placed together in the same location or on the same
antenna support structure.
Shall mean the Federal Aviation Administration.
Shall mean the area on the ground within a prescribed radius
from the base of a wireless telecommunications tower. The fall zone
is the area within which there is a potential hazard from falling
debris (such as ice) or collapsing of the structure or portion thereof.
Shall mean the Federal Communications Commission.
Shall mean Cellular Radio, Personal Communication Service
(PCS), Enhanced Specialized Mobile Radio, Specialized Mobile Radio
and Paging, Commercial Land Mobile Radio and additional emerging technologies.
Shall mean a tower, which is supported or braced through
the use of cables (guy wires) which are permanently anchored.
Shall mean, when referring to a tower, the vertical distance
measured from the lowest finished grade at the base of the tower to
the highest point on the tower, even if said highest point is an antenna.
Shall mean a type of mount that is self- supporting with
multiple legs and cross-bracing of structural steel.
Shall mean the type of mount that is self- supporting with
a single shaft of wood, steel or concrete and a platform (or racks)
for panel antennas arrayed at the upper portions of pole.
Shall mean the structure or surface upon which antennas are
mounted, including the following four types of mounts:
Shall mean a facility for the provision of personal wireless
services, as defined by the Telecommunications Act of 1996.
Shall mean any tower or antenna for which a building permit
has been properly issued prior to the effective date of this section,
including permitted towers or antennas that have been approved but
have not yet been constructed so long as approval is current and not
expired.
For the purposes of this section shall mean the emissions
from personal wireless service facilities or any electromagnetic energy
within the frequency range from 0.003 MHz to 300,000 MHz.
Shall mean a telecommunication facility that is designed
or located in such a way that the facility is not readily recognizable
as telecommunications equipment (see Alternative Tower Structure).
Shall mean a facility designed and used for the purpose of
transmitting, receiving, and relaying voice and data signals from
various wireless communication devices including transmission towers,
antennas and ancillary facilities. For purposes of this section, amateur
radio transmission facilities and facilities used exclusively for
the transmission of television and radio broadcasts are not telecommunication
facilities.
Shall mean the monopole or lattice framework designed to
support transmitting and receiving antennas. For purposes of this
section, amateur radio transmission facilities and facilities used
exclusively for the transmission of television and radio signals are
not transmission towers.
Shall mean any personal wireless services as defined in the
Federal Telecommunications Act of 1996 which includes FCC licensed
commercial wireless telecommunications services including cellular,
personal communications services (PCS), specialized mobile radio (ESMR),
paging, and similar services that currently exist or may in the future
be developed. It does not include any amateur radio facility that
is owned and operated by a federally-licensed amateur radio station
operator or is used exclusively for receive only antennas, nor does
it include noncellular telephone service.
[Ord. #3-2000 § C]
a.
New Towers and Antennas. All new telecommunications towers or antennas
in the Borough of Spring Lake Heights shall be subject to these regulations.
b.
Pre-existing Towers or Antennas. Pre-existing telecommunications towers and pre-existing antennas shall not be required to meet the requirements of this section, other than the requirements of subsections 22-652.10 and 22-652.11 absent any enlargement or structural modification or the addition of any antennas.
c.
District Height Limitations. The requirements set forth in this section
shall govern the location of telecommunications towers that exceed,
and antennas that are installed at a height in excess of, the height
limitations specified for each zoning district.
d.
Public Property. Antennas or towers located on property owned, leased
or otherwise controlled by the governing authority and which is not
used for recreational purposes, shall be encouraged, provided a license
or lease authorizing such antenna or tower has been approved by Resolution
by the governing authority. Said approved publicly owned site utilized
for the purposes of constructing towers and/or antennas shall be treated
as engaging in a conditional use under this section.
e.
Amateur Radio Station Operators/Receive Only Antennas. This section
shall not govern any tower, or the installation of any antenna, that
is under 50 feet in height and is owned and operated by a federally-licensed
amateur radio station operator or is used exclusively for receive
only antennas.
f.
Satellite Dish Antennas. This section shall not govern any parabolic
dish antennas used for transmission of radio signals associated with
satellites.
[Ord. #3-2000 § D; Ord. #22-2005]
a.
Principal or Accessory Use. Telecommunications antennas and towers
may be considered either principal or accessory uses. Notwithstanding
any other Borough Land Use Regulation, a different existing structure
on the same lot shall not preclude the installation of an antenna
or tower on such lot. If a tower and its appurtenant structures constitute
the sole use of the lot, the tower shall be deemed to be its principal
use.
b.
Lot Size. For purposes of determining whether the installation of
a tower or antenna complies with zone development regulations, including
but not limited to setback requirements, building coverage requirements,
and other such requirements, the dimensions of the entire lot shall
control, even though the antennas or towers may be located on leased
parcels within such lot.
c.
State or Federal Requirements. All towers must meet or exceed current
standards and regulations of the FAA, the FCC and any other agency
of the state or federal government with the authority to regulate
towers and antennas. If such standards and regulations are changed,
then the owners of the towers and antennas governed by this section
shall bring such towers and antennas into compliance with such revised
standards and regulations within 90 days of the effective date of
such standards and regulations, unless a different compliance schedule
is mandated by the controlling State or Federal agency. Failure to
bring towers and antennas into compliance with revised standards and
regulations shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
d.
Building Codes: Safety Standards. To ensure the structural integrity
of towers, the owner of a tower shall ensure that it is maintained
in compliance with standards contained in applicable State or local
building codes and the applicable standards for towers that are published
by the Electronic Industries Association and Telecommunications Industry
Association, as amended from time to time. Owner shall provide a certification
from a structural engineer, licensed by the State of New Jersey, certifying
the structural integrity of the tower not less than every two years.
If, upon inspection, the Borough of Spring Lake Heights concludes
that a tower fails to comply with such codes and standards and constitutes
a danger to persons or property, then upon notice being provided to
the owner of the tower, the owner shall have 30 days to bring such
tower into compliance with such standards. Failure to bring such tower
into compliance within said 30 days shall constitute grounds for the
removal of the tower or antenna at the owner's expense.
e.
Not Essential Service. Telecommunications towers and antennas shall
be regulated and permitted pursuant to this section and shall not
be regulated or permitted as essential services, public utilities,
or private utilities.
f.
Co-Location Required. The Borough of Spring Lake Heights mandates that carriers co-locate antennas on towers and other structures whenever possible. See subsection 22-652.7 for co-location requirements.
g.
Conditional Use. All telecommunications facilities shall be conditional
uses in accordance with N.J.S.A. 40:55D-67.
h.
Site Plan Required. Site plan approval shall be required for all
new telecommunications facilities in the Borough of Spring Lake Heights
including modifications to or addition of new telecommunications facilities
to preexisting towers, buildings or other structures.
[Ord. #3-2000 § E]
a.
Conditional Use. Wireless telecommunications facilities are permitted
as conditional uses on lands owned by Spring Lake Heights Borough
or any other public entity within the Borough of Spring Lake Heights
provided said lands are not used for recreational purposes.
b.
Conditional Use Standard. Wireless telecommunications facilities
may be permitted on the above referenced lands provided that:
c.
Factors Considered in Granting Conditional Use Permits. In addition
to the above standards, the Planning Board shall consider the following
factors in determining whether to issue a conditional use permit:
1.
Proximity to residential structures and residential boundaries;
2.
Nature of uses on adjacent and nearby properties;
3.
Surrounding topography;
4.
Surrounding tree coverage and foliage;
5.
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness
including stealth designs which are encouraged;
6.
Availability of suitable existing towers, alternative tower structures,
other structures or alternative technologies not requiring the use
of towers or structures;
7.
Availability of proposed tower to other potential carriers.
This list is considered to be illustrative in nature and may
not include all factors to be considered.
[Ord. #3-2000 § F]
The following site design standards shall apply to wireless
telecommunications facilities:
a.
New Towers.
1.
Telecommunications towers may not be located closer than 50 feet
to any residential property. Antennas located on pre-existing buildings
or structures are exempt from this requirement.
2.
Fall Zone. A fall zone shall be established such that the tower is
setback 125% of the height from any adjoining lot line or non-appurtenant
building.
3.
Security Fencing. Towers shall be enclosed by security fencing not
less than six feet in height. Towers shall also be equipped with appropriate
anti-climbing measures.
4.
Landscaping. The following requirements shall govern the landscaping
surrounding towers:
(a)
Tower facilities shall be landscaped with a buffer of plant
materials that effectively screens the view of the tower compound
from property used for residences or planned residences or any other
area frequented by the public. The standard buffer shall consist of
a landscaped strip at least 10 feet wide outside the perimeter of
the compound. However, at a minimum, the facility should be shielded
from public view by evergreen trees at least eight feet high at planting
and planted in staggered double rows 15 feet on center.
(b)
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced at the sole discretion
of the approving authority.
(c)
Existing mature tree growth and natural land forms in the site
shall be preserved to the maximum extent possible.
5.
Ancillary buildings. Any proposed building enclosing related electronic
equipment shall not be more than 10 feet in height nor more than 200
square feet in area, and only one such building shall be permitted
on the lot for each provider of wireless telecommunication services
located on the site. Such buildings must satisfy the minimum zoning
district requirements for accessory structures.
6.
Aesthetic. Towers and antennas shall meet the following requirements:
(a)
Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a neutral color
so as to reduce visual obtrusiveness.
(b)
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening,
and landscaping that will blend them into the natural setting and
surrounding buildings.
7.
Lighting. No lighting is permitted except as follows, which shall
be subject to review and approval by the Planning Board as part of
the site plan application:
(a)
The building enclosing electronic equipment may have one light
at the entrance to the building, provided that the light is attached
to the building, is focused downward, properly shielded and is switched
so that the light is turned on only when workers are at the building;
and
(b)
No lighting is permitted on a tower except lighting that specifically
is required by the Federal Aviation Administration (FAA), and any
such required lighting shall be focused and shielded to the greatest
extent possible so as not to project towards adjacent and nearby properties.
8.
Signs. No signs are permitted except those required by the Federal
Communications Commission (FCC), the Electronic Industries Association
(EIA) and/or the Telecommunication Industry Association (TIA) or by
law, such as warning and equipment information signs.
9.
All ground-mounted telecommunication towers shall be self-supported
monopoles and must be capable of withstanding 140 mile per hour hurricane
force winds or per local codes, whichever is more stringent.
b.
Antennas on existing towers. An antenna may be attached to a pre-existing
tower and, to minimize adverse visual impacts associated with the
proliferation and clustering of towers, co-location of antennas by
more than one carrier on existing towers shall take precedence over
the construction of new towers, provided such co-location is accomplished
in a manner consistent with the following:
1.
A tower which is modified or reconstructed to accommodate the co-location
of an additional antenna shall be of the same tower type as the existing
tower, unless reconstruction as a monopole is proposed.
2.
An existing tower may be modified or rebuilt to a taller height,
not to exceed the maximum tower height established by this section.
3.
Onsite location.
c.
Noise Standards. Noise attenuation measures shall be included to
reduce noise levels at the facility to a maximum exterior level of
60 decibels. Backup generators may only be operated during power outages
and for testing and maintenance purposes.
[Ord. #3-2000 § G]
a.
The Borough of Spring Lake Heights requires that licensed carriers
share personal wireless service facilities and sites where feasible
and appropriate, thereby reducing the number of personal wireless
service facilities that are stand-alone facilities. All applicants
for an individual wireless service facility shall demonstrate a good
faith effort to co-locate with other carriers. Such good faith effort
includes:
1.
A survey of all existing structures that may be feasible sites for
co-locating personal wireless service facilities;
2.
Notification by certified mail of intent to seek site plan approval
to all other licensed centers for commercial mobile radio services
operating in the County; and
3.
Sharing information necessary to determine if colocation is feasible
under the design configuration most accommodating to co-location.
b.
In the event that co-location is found to be not technically feasible,
a written statement of the reasons for the infeasibility shall be
submitted to the Borough Clerk and the Planning Board. The Borough
may retain a technical expert in the field of RF engineering to certify
if co-location at the site is not feasible given the design configuration
most accommodating to co-location. The cost for such a technical expert
will be at the expense of the applicant. The Borough may deny approval
to an applicant that has not demonstrated a good faith effort to provide
for co-location.
c.
If the applicant does intend to co-locate or to permit colocation,
plans and elevations which show the ultimate appearance and operation
of the personal wireless service facility at full build-out shall
be submitted.
[Ord. #3-2000 § H]
Wireless telecommunication facilities shall be located and approved
in accordance with the following prioritized locations:
a.
The first priority shall be an existing tower or an existing or proposed
water tower or standpipe owned by the Borough of Spring Lake Heights
or any other public or private utility within or near the Borough
of Spring Lake Heights.
b.
The second priority shall be new towers on lands owned by the Borough
of Spring Lake Heights or other public entity provided said lands
are not used for recreational purposes.
[Ord. #3-2000 § I]
a.
Comprehensive Service Plan.
In order to provide evidence that any proposed location of wireless
telecommunications antennas (and any supporting tower and/or ancillary
building enclosing related electronic equipment) has been planned
to result in the fewest number of towers within the Borough of Spring
Lake Heights at the time full service by the applicant throughout
the Borough, the applicant shall submit a Comprehensive Service Plan.
Said Comprehensive Service Plan shall indicate how the applicant proposes
to provide full service throughout the Borough and, to the greatest
extent possible, said service plan shall also indicate how the applicant's
plan is coordinated with the needs of all other providers of telecommunication
services within the Borough of Spring Lake Heights. The Comprehensive
Service Plan shall indicate the following:
1.
Whether the applicant's subscribers can receive adequate service
from antennas located outside of the borders of the Borough of Spring
Lake Heights.
2.
How the proposed location of the antennas relates to the location
of any existing wireless telecommunications facility within and/or
near the Borough of Spring Lake Heights.
3.
How the proposed location of the antennas relates to the anticipated
need for additional antennas and supporting towers within and/or near
the Borough of Spring Lake Heights by both the applicant and by other
providers of telecommunication services within the Borough of Spring
Lake Heights.
4.
How the proposed location of the antennas relates to the objective
of co-locating the antennas of different service carriers on the same
facility.
5.
How the proposed location of the antennas relates to the overall
objective of providing full telecommunication services within the
Borough of Spring Lake Heights while, at the same time, limiting the
number of towers to the fewest possible.
b.
A scaled site plan clearly indicating the location, type and height
of the proposed tower, on-site land uses, structures and zoning, adjacent
land uses, structures and zoning (including when adjacent to other
municipalities), and all other properties within the applicable fall
zone, adjacent roadways, proposed means of access, setbacks from property
lines, elevation drawings of the proposed tower and any other structure,
topography, parking and other information deemed by the Planning Board
and Borough Engineer to be necessary to assess compliance with this
section.
c.
Legal description of the entire tract and leased parcel (if applicable).
d.
The setback distance between the proposed tower and the nearest residential
unit and residentially zoned properties.
e.
The separation distance from other towers and antennas.
f.
A landscape plan showing specific landscape materials including,
but not limited to, species type, size, spacing and existing vegetation
to be removed or retained.
g.
Method of fencing and finished color and, if applicable, the method
of camouflage.
h.
A description of compliance with all applicable federal, state or
local laws.
i.
A notarized statement by the applicant as to whether construction
of the tower will accommodate co-location of additional antennas for
future users.
j.
Identification of the entities providing the backhaul network for
the tower(s) described in the application and other telecommunication
sites owned or operated by the applicant in the immediate area of
the Borough.
k.
A letter of commitment to lease excess space to other potential users
at prevailing market rates and conditions. The letter of commitment
shall be in a form suitable for recording with the County Clerk prior
to the issuance of any permit and shall commit the tower owner(s),
property owner(s) and their successors in interest.
l.
A visual impact study containing, at a minimum, a photographic simulation
showing the appearance of the proposed tower, antennas, and ancillary
facilities from at least five points within a 1/2 mile radius. Such
points shall be chosen by the carrier with review and approval by
the Planning Board and their Consultant to ensure that various potential
views are represented.
m.
An analysis of the RFR levels at the facility as a means of assessing
compliance with the FCC RF safety criteria. This analysis shall:
1.
Take into consideration all co-located radio transmitting antennas
and/or nearby antennas that could contribute to RFR levels at the
facility.
2.
Be performed by an RF engineer, health physicist or similar knowledgeable
individual.
3.
Follow current methods recommended by the FCC for performing such
analyses.
[Ord. No. 3-2000, § J]
a.
After the wireless telecommunications facility is operational, the
applicant shall submit, within 90 days of beginning operations, and
at annual intervals from the date of issuance of the building permit,
existing measurements of RFR from the wireless telecommunications
facility. Such measurements shall be signed and certified by a RF
engineer, stating that RFR measurements are accurate and meet FCC
Guidelines as specified in the Radio Frequency Standards section of
this bylaw.
b.
The applicant and co-applicant shall maintain the personal wireless
service facility in good condition. Such maintenance shall include,
but shall not be limited to, painting, structural integrity of the
mount and security barrier, and maintenance of the buffer areas and
landscaping, fencing and parking areas, etc.
[Ord. No. 3-2000, § K]
a.
At such time that a licensed carrier plans to abandon or discontinue
operation of a personal wireless service facility, such carrier shall
notify the Borough Clerk by certified U.S. mail of the proposed date
of abandonment or discontinuation of operations. Such notice shall
be given no less than 30 days prior to abandonment or discontinuation
of operations. In the event that a licensed carrier fails to give
such notice, the wireless telecommuncations facility shall be considered
abandoned upon discontinuation of operations.
b.
Upon abandonment or discontinuation of use, at the option of the
Borough, the carrier shall physically remove the personal wireless
service facility within 90 days from the date of abandonment or discontinuation
of use. "Physically remove" shall include, but not be limited to:
1.
Removal of antennas, mount, equipment shelters and security barriers
for the subject property.
2.
Proper disposal of the waste materials from the site in accordance
with local, county and solid waste disposal regulations.
3.
Restoring the location of the personal wireless service facility
to its natural condition, except that any landscaping and grading
shall remain in the after-condition.
c.
If a carrier fails to remove a personal wireless service facility
in accordance with this subsection, the Borough shall have the authority
to enter the subject property and physically remove the facility.
The Planning Board will require the applicant to post a bond at the
time of approval to cover costs for the removal of the individual
personal wireless service facility and site restoration in the event
the Borough must remove the facility.
[Ord. #15-2003, § 1]
Notwithstanding any ordinance provision to the contrary, the
siting and installation of any wireless communications towers or antennas
on public lands for a public purpose or quasi-public purpose by a
public entity or quasi-public entity shall be exempt from the requirements
of this chapter, provided that such siting and installation is approved
by a duly enacted resolution of the governing body after a review
by the Borough Engineer.
[Added 4-7-2022 by Ord.
No. 2022-03]
As used in this section:
The certificate provided for in N.J.A.C. 5:23-2, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the act, and
the regulations. See "State Uniform Construction Code Act," P.L. 1975,
c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant
thereto.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level 1 operates on a 15 to 20 amp breaker on a 120 volt AC
circuit.
Level 2 operates on a 40 to 100 amp breaker on 208 or 240 volt
AC circuit.
Direct-current fast charger (DCFC) operates on a 60 amp or higher
breaker on a 480 volt or higher three-phase circuit with special grounding
equipment. DCFC stations can also be referred to as rapid charging
stations that are typically characterized by industrial grade electrical
outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point of sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. "EVSE" may deliver either alternating
current or, consistent with fast-charging equipment standards, direct
current electricity. "EVSE" is synonymous with "electric vehicle charging
station."
Means the pre-wiring of electrical infrastructure at a parking
space, or set of parking spaces, to facilitate easy and cost-efficient
future installation of Electric Vehicle Supply Equipment or Electric
Vehicle Service Equipment, including, but not limited to, Level Two
EVSE and direct-current fast chargers. Make-Ready includes expenses
related to service panels, junction boxes, conduit, wiring, and other
components necessary to make a particular location able to accommodate
Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment
on a "plug-and-play" basis. "Make- Ready" is synonymous with the term
"charger-ready," as used in P.L. 2019, c.362 (C.48:25-1 et al.).
EVSE that has restricted access to specific users (e.g.,
single and two-family homes, executive parking fleet parking with
no access to the general public).
EVSE that is publicly available (e.g., park & ride, public
parking lots and garages, on-street parking, shopping center parking,
non-reserved parking in multi-family parking lots, etc.).
[Added 4-7-2022 by Ord.
No. 2022-03]
a.
An application for development submitted solely for the installation
of EVSE or Make-Ready parking spaces shall be considered a permitted
accessory use and permitted accessory structures in all zoning or
use districts and shall not require a variance pursuant to N.J.S.A.
40:55D-70.
b.
EVSE and Make-Ready parking spaces installed pursuant to Section
C. below in development applications that are subject to site plan
approval are considered a permitted accessory use as described in
paragraph a above.
c.
All EVSE and Make-Ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
d.
The Zoning Officer and Construction Official shall enforce all signage
and installation requirements described in this section. Failure to
meet the requirements in this section shall be subject to the same
enforcement and penalty provisions as other violations of The Borough
of Spring Lake Heights's land use regulations.
e.
An application for development for the installation of EVSE or Make-Ready
spaces at an existing gasoline service station, an existing retail
establishment, or any other existing building shall not be subject
to site plan or other land use board review, shall not require variance
relief pursuant to C. 40:55D-1 et seq. or any other law, rule, or
regulation, and shall be approved through the issuance of a zoning
permit by the administrative officer, provided the application meets
the following requirements:
1.
The proposed installation does not violate bulk requirements applicable
to the property or the conditions of the original final approval of
the site plan or subsequent approvals for the existing gasoline service
station, retail establishment, or other existing building; and
2.
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
3.
The proposed installation complies with the construction codes adopted
in or promulgated pursuant to the "State Uniform Construction Code
Act," P.L. 1975, c. 217 (C. 52:27D-119 et seq.), any safety standards
concerning the installation, and any State rule or regulation concerning
electric vehicle charging stations.
f.
An application pursuant to paragraph e above shall be deemed complete
if:
1.
The application, including the permit fee and all necessary documentation,
is determined to be complete,
2.
A notice of incompleteness is not provided within 20 days after the
filing of the application, or
3.
A one-time written correction notice is not issued by the Zoning
Officer or Construction Official within 20 days of filing of the application
detailing all deficiencies in the application and identifying any
additional information explicitly necessary to complete a review of
the permit application.
g.
EVSE and Make-Ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
h.
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
[Amended 4-7-2022 by Ord.
No. 2022-03]
a.
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall;
b.
Prepare as Make-Ready parking spaces at least 15% of the required
off-street parking spaces and install EVSE in at least one-third of
the 15% of Make-Ready parking spaces;
c.
Within three years following the date of the issuance of the certificate
of occupancy, install EVSE in an additional one-third of the original
15% of Make-Ready parking spaces; and
d.
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final one-third of the original
15% of Make-Ready parking spaces.
e.
Throughout the installation of EVSE in the Make-Ready parking spaces,
at least 5% of the electric vehicle supply equipment shall be accessible
for people with disabilities.
f.
Nothing in this subsection shall be construed to restrict the ability
to install electric vehicle supply equipment or Make-Ready parking
spaces at a faster or more expansive rate than as required above.
g.
As a condition of preliminary site plan approval, each application
involving a parking lot or garage not covered in paragraph a above
shall:
1.
Install at least one Make-Ready parking space if there will be 50
or fewer off-street parking spaces.
2.
Install at least two Make-Ready parking spaces if there will be 51
to 75 off-street parking spaces.
3.
Install at least three Make-Ready parking spaces if there will be
76 to 100 off-street parking spaces.
4.
Install at least four Make-Ready parking spaces, at least one of
which shall be accessible for people with disabilities, if there will
be 101 to 150 off-street parking spaces.
5.
Install at least 4% of the total parking spaces as Make-Ready parking
spaces, at least 5% of which shall be accessible for people with disabilities,
if there will be more than 150 off-street parking spaces.
6.
In lieu of installing Make-Ready parking spaces, a parking lot or
garage may install EVSE to satisfy the requirements of this subsection.
7.
Nothing in this subsection shall be construed to restrict the ability
to install electric vehicle supply equipment or Make-Ready parking
spaces at a faster or more expansive rate than as required above.
[Added 4-7-2022 by Ord.
No. 2022-03]
a.
All parking spaces with EVSE and Make-Ready equipment shall be included
in the calculation of minimum required parking spaces, as provided
in this section.
b.
A parking space prepared with EVSE or Make-Ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
c.
All parking space calculations for EVSE and Make-Ready equipment
shall be rounded up to the next full parking space.
[Added 4-7-2022 by Ord.
No. 2022-03]
a.
Nothing in this section of the Ordinance shall be deemed to require
site plan review by a municipal agency solely for the installation
of EVSE or Make-Ready parking spaces.
b.
Location and layout of EVSE and Make-Ready parking spaces is expected
to vary based on the design and use of the primary parking area. It
is expected flexibility will be required to provide the most convenient
and functional service to users. Standards and criteria should be
considered guidelines, and flexibility should be allowed when alternatives
can better achieve objectives for provision of this service.
c.
Installation:
1.
Installation of EVSE and Make-Ready parking spaces shall meet the
electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
2.
Each EVSE or Make-Ready parking space that is not accessible for
people with disabilities shall be not less than 9 feet wide or 18
feet in length. Exceptions may be made for existing parking spaces
or parking spaces that were part of an application that received prior
site plan approval.
3.
To the extent practical, the location of accessible parking spaces
for people with disabilities with EVSE and Make-Ready equipment shall
comply with the general accessibility requirements of the Uniform
Construction Code, 5:23, and other applicable accessibility standards.
4.
Each EVSE or Make-Ready parking space that is accessible for people
with disabilities shall comply with the sizing of accessible parking
space requirements in the Uniform Construction Code, N.J.A.C. 5:23,
and other applicable accessibility standards.
5.
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE.
6.
Electric vehicles may be parked in any parking space designated for
parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
7.
Public Parking. Pursuant to NJSA 40:48-2, publicly accessible EVSE
parking spaces shall be monitored by the municipality's police
department and enforced in the same manner as any other parking. It
shall be a violation of this Section to park or stand a non-electric
vehicle in such a space or to park an electric vehicle in such a space
when it is not connected to the EVSE. Any non-electric vehicle parked
or standing in an EVSE parking space or any electric vehicle parked
and not connected to the EVSE shall be subject to fine and/or impoundment
of the offending vehicle as described in the general penalty provisions
of this Municipal Code. Signage indicating the penalties for violations
shall comply with paragraph e, below. Any vehicle parked in such a
space shall make the appropriate payment for the space and observe
the time limit for the underlying parking area, if applicable.
8.
Private Parking. The use of EVSE shall be monitored by the property
owner or designee.
d.
Safety.
1.
Each publicly accessible EVSE shall be located at a parking space
that is designated for electric vehicles only and identified by green-painted
pavement and/or curb markings, a green-painted charging pictograph
symbol, and appropriate signage pursuant to paragraph e, below.
2.
Where EVSE is installed, adequate site lighting and landscaping shall
be provided in accordance with the Borough of Spring Lake Heights's
ordinances and regulations.
3.
Adequate EVSE protection such as concrete-filled steel bollards shall
be used for publicly accessible EVSE. Non-mountable curbing may be
used in lieu of bollards if the EVSE is a setback a minimum of 24
inches from the face of the curb. Any stand-alone EVSE bollards should
be three feet to four feet high with concrete footings placed to protect
the EVSE from accidental impact and to prevent damage from equipment
used for snow removal.
4.
EVSE outlets and connector devices shall be no less than 36 inches
and no higher than 48 inches from the ground or pavement surface where
mounted and shall contain a cord management system as described in
paragraph 5 below. Equipment mounted on pedestals, lighting posts,
bollards, or other devices shall be designated and located as to not
impede pedestrian travel, create trip hazards on sidewalks, or impede
snow removal.
5.
Each EVSE shall incorporate a cord management system or method to
minimize the potential for cable entanglement, user injury, or connector
damage. Cords shall be retractable or have a place to hang the connector
and cord a safe and sufficient distance above the ground or pavement
surface. Any cords disconnecting the charger to a vehicle shall be
configured so that they do not cross a driveway, sidewalk, or passenger
unloading area.
6.
Where EVSE is provided with a pedestrian circulation area, such as
a sidewalk or other accessible route to a building entrance, the EVSE
shall be located so as not to interfere with accessibility requirements
of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable
accessibility standards.
7.
Publicly accessible EVSEs shall be maintained in all respects, including
the functioning of the equipment. A twenty-four-hour, on-call contact
shall be provided on the equipment for reporting problems with the
equipment or access to it. To allow for maintenance and notification,
The Borough of Spring Lake Heights shall require the owners/designee
of publicly accessible EVSE to provide information on the EVSE's
geographic location, date of installation, equipment type and model,
and owner contact information.
e.
Signs.
1.
Publicly accessible EVSE shall have posted regulatory signs, as identified
in this section, allowing only charging electric vehicles to park
in such spaces. For purposes of this section, "charging" means that
an electric vehicle is parked at an EVSE and is connected to the EVSE.
If time limits or vehicle removal provisions are to be enforced, regulatory
signs including parking restrictions shall be installed immediately
adjacent to, and visible from the EVSE. For private EVSE, installation
of signs and sign text is at the discretion of the owner.
2.
All regulatory signs shall comply with visibility, legibility, size,
shape, color, and reflectivity requirements contained within the Federal
Manual on Uniform Traffic Control Devices as published by the Federal
Highway Administration.
3.
Wayfinding or directional signs, if necessary, shall be permitting
at appropriate decision points to effectively guide motorists to the
EVSE parking space(s). Wayfinding or directional signs, if necessary,
shall be permitting at appropriate decision points to effectively
guide motorists to the EVSE parking space(s). Wayfinding or directional
signage shall be placed in a manner that shall not interfere with
any parking space, drive lane, or exit, and shall comply with b. above.
4.
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
(a)
Hour of operations and/or time limits if time limits or tow-away
provisions are to be enforced by the municipality or owner/designee;
(b)
Usage fees and parking fees, if applicable; and
(c)
Contact information (telephone number) for reporting when the
equipment is not operating or other problems.
f.
Usage Fees.
1.
For publicly accessible municipal EVSE: In addition to any parking
fees, the fee to use parking spaces within the municipality identified
as EVSE spaces shall be as set by resolution of the Governing Body.
2.
This fee may be amended by a resolution adopted by the Governing
Body.
3.
Private EVSE: Nothing in this section shall be deemed to preclude
a private owner/designee of an EVSE from collecting a fee for the
use of the EVSE, in accordance with applicable State and Federal regulations.
Fees shall be available on the EVSE or posted at or adjacent to the
EVSE parking space.
