Borough of Milltown, NJ
Middlesex County
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Table of Contents
Table of Contents
Editor's Note: See Chapter 31, Milltown Ford Avenue Redevelopment Plan, for provisions which may supersede provisions of this chapter as they pertain to the Milltown Ford Avenue Redevelopment Area.
[Ord. No. 919 Art. I]
This chapter shall be known and cited as the "1994 Comprehensive Development Regulations of the Borough of Milltown, New Jersey."
[Ord. No. 919 Art. II]
There is hereby ordained by the Mayor and Council of the Borough of Milltown, New Jersey pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. a land development ordinance for the following purposes:
a. 
To encourage municipal action to guide the appropriate use or development of all lands in this Borough, in a manner which will promote the public health, safety, morals and general welfare;
b. 
To secure safety from fire, flood, panic and other natural and manmade disasters;
c. 
To provide adequate light, air, and open space;
d. 
To limit and restrict buildings and structures to specified districts and regulate buildings and structures according to their type and the nature and extent of the use of land for trade, industry, residence, open space or other purposes;
e. 
To regulate the bulk, height, number of stories and size of buildings and other structures;
f. 
To ensure that the development of this municipality does not conflict with the development and general welfare of neighboring municipalities, Middlesex County, and the State as a whole;
g. 
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment;
h. 
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;
i. 
To provide sufficient space and in appropriate locations for the variety of residential, recreational, commercial, business and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all Milltown residents;
j. 
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight;
k. 
To promote desirable visual environment through creative development techniques and good civic design and arrangements;
l. 
To promote the conservation of open space, historic sites, energy resources, and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land;
m. 
To encourage planned unit development which incorporates the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site;
n. 
To encourage senior citizen community housing construction;
o. 
To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.
[Ord. No. 919 Art. III, A]
No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he has, either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto. Each member shall comply with the Borough Ethics Ordinance.
[Ord. No. 919 Art. III, B]
a. 
All applications for development shall be filed with the Administrative Officer. At the time of filing of application, the applicant shall also file the fee, a completed checklist as set forth in the schedule of forms attached to and made a part of this chapter, any request for waiver and any and all maps required by this subsection. The applicant shall obtain all necessary forms from the Administrative Officer.
b. 
Upon receipt of an application for development, the Administrative Officer shall forward the submitted material to the municipal agency, or its authorized committee or designee, for review and to certify the application is complete. All complete applications shall be reviewed by the following agencies (Fire Inspector, Police Department, or Environmental Commission). Request for reviews from the Borough Engineer and/or Borough Planner shall be optional and are to be determined by the Reviewing Board.
c. 
Within 45 days from the filing as required in paragraph a., the municipal agency, or its authorized committee or designee, shall review and certify the application to be complete or incomplete in writing.
1. 
If incomplete, the municipal agency or its authorized committee or designee shall certify in writing the deficiencies in the application on a checklist as specified in the schedule of forms attached to and made a part of this chapter.
2. 
The application shall be deemed complete within 45 days of the date of its submission if the municipal agency, or its authorized committee or designee, does not certify the application to be incomplete.
d. 
The applicant may request relief from one or more of the submissions required in paragraph a. The request must be in writing stating the reason therefor. The municipal agency, or its authorized committee or designee, shall grant or deny the request within 45 days of the request.
e. 
The Administrative Officer, in consort with the appropriate Board Chairman, shall assign a hearing date and notify the applicant of the same within seven days of the application being deemed complete. Notice to the applicant shall be in writing by regular mail. Upon receipt of a date for hearing, the application shall proceed to give proper notice of the hearing and comply with all other provisions of this chapter and the Municipal Land Use Law.
[Ord. No. 919 Art. III, C]
a. 
Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less than once a month, and any meeting so scheduled shall be held as scheduled unless cancelled for lack of applications for development to process.
b. 
Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which shall beheld on notice to its members and the public in accordance with all applicable legal requirements.
c. 
No action shall be taken at any meeting without a quorum being present.
d. 
All actions shall be taken by majority vote of a quorum except as otherwise required by any provision of N.J.S.A. 40:55D-9 et seq.
e. 
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq. An executive session for the purpose of discussing and studying any matters to come before either Board shall not be deemed a regular or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.
[Ord. No. 919 Art. III, D]
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Borough Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee as provided in subsection 34-14.1e,9 for reproduction of the minutes for his use as provided for in the rules of the Board.
[Ord. No. 919 Art. III, E]
Fees, forms, and any other required documents for the applications or for the rendering of any service by the Planning Board or Zoning Board of Adjustment or any member of their administrative staffs which are not otherwise provided for by ordinance may be provided for and adopted as part of the rules of the Board, and copies of the rules or of the separate fee and submission schedule shall be made available to the public.
[Ord. No. 919 Art. III, F]
a. 
Rules. The Planning Board and Zoning Board of Adjustment may make rules governing the conduct of hearings before such bodies, which rules shall be consistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.
b. 
Oaths. The officer presiding at the hearing or such person as he may designated shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of N.J.S.A. 2A:67A-1 et seq., shall apply.
c. 
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations to time and number of witnesses.
d. 
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
e. 
Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electric means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense, subject to the requirements as set forth in subsection 34-14.1e.
[Ord. No. 919 Art. III, G]
a. 
However, a hearing is required on an application for development, except for minor subdivisions, final site plans and final subdivisions, pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice thereof as follows:
1. 
Public notice shall be given by publication in the official newspaper of the municipality at least 10 days prior to the date of the hearing.
2. 
Notice shall be given to the owners of all real property, as shown on the current tax duplicate or duplicates, located within the 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which applicant's land is located. Such notice shall be given by serving a copy thereof on the owner as shown on the current tax duplicate or his agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate. A return receipt is not required. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
3. 
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
4. 
Notice shall be given by personal service or certified mail to the Middlesex County Planning Board of a hearing on an application for development of property adjacent to an existing County road or proposed road shown on the Official County Map or the Middlesex County Master Plan, adjoining other County land or situated within 200 feet of a municipal boundary.
5. 
Notice shall be given by personal service or certified mail to the New Jersey Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway.
6. 
Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of a property which exceed 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to N.J.S.A. 40:55D-10.
7. 
(a) 
Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan requiring public notice pursuant to paragraph a shall be given by personal service or certified mail to the corporate secretary of all public utilities and the general manager of all cable television companies that own land on any facility or that possess a right-of-way or easement within 200 feet in all directions of the property which is the subject of this hearing.
(b) 
In addition to any notification requirement otherwise imposed under this act, an applicant seeking approval of a development which does not require notice as provided in paragraph a., shall be required to provide notice by personal service or certified mail, to the corporate secretary of any public utility and the general manager of any cable television company that possesses a right-of-way or easement situated within the property limits of the property which is the subject of the application for development approval under this paragraph.
8. 
The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this subsection.
9. 
Notice pursuant to paragraphs a.3, a.4, a.5, a.6 and a.7 and notice pursuant to paragraph a.2 are required.
b. 
All notices hereinabove specified in his subsection shall be given at least 10 days prior to the date fixed for hearing and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
c. 
Any notice made by certified mail as hereinabove required shall be deemed to be completed upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
d. 
Form of Notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing; the nature of the matters to be considered; and identification of the property proposed for development by street, address, and, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office; and the location and times at which any maps and documents for which approval is sought are available as required by law.
[Ord. No. 919 Art. III, H]
Pursuant to the provisions of N.J.S.A. 40:55D-12C, the Borough Clerk shall, within seven days after receipt of a request therefor, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice. A fee not to exceed $0.25 per name, or $10, whichever is greater shall be charged for such list.
[Ord. No. 919 Art. III, I]
a. 
Each decision on any application for development shall be set forth in writing as a resolution of the Board, which shall include findings of fact and legal conclusions based thereon, and shall be memorialized by resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the reviewing agency voted to grant or deny approval. Only members of the Board who voted for the action taken may vote on the memorializing resolution.
b. 
A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant, or if represented, then to this attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the Municipal Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those fees established for copies of other public documents in the municipality.
[Ord. No. 919 Art. III, J]
A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be, with a reasonable charge to the applicant. The notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
[Ord. No. 919 Art. III, K]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for development submitted to the Planning Board or to the Zoning Board of Adjustment shall be accompanied by proof that no taxes, any other outstanding fees due to the Borough which are due or delinquent on the property which is the subject of such application; or, if it is shown that taxes or assessments are delinquent on the property, any approvals or relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.
[Ord. No. 919 Art. IV, A]
An appeal to the Zoning Board of Adjustment may be taken by any interested party affected by decision of the Administrative Officer of the municipality based on or made in the enforcement of the Zoning Ordinance or Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal in the manner set forth in subsection 34-10.9 and in accordance with the provisions of N.J.S.A. 40:55D-72 of the Municipal Land Use Law of 1975.
[Ord. No. 919 Art. IV, B]
Any interested party shall appeal a final decision of the Planning Board by commencing an action in lieu of prerogative writ in the Superior Court of New Jersey pursuant to the applicable Rules of Court.
[Ord. No. 919 Art. IV, C]
Any interested party may appeal to the Governing Body any final decision of the Zoning Board of Adjustment approving an application for development. Such appeal shall be made pursuant to N.J.S.A. 40:55D-1 et seq.
[Ord. No. 919 Art. V, A]
Whenever a term is used in this chapter which is defined in Chapter 291 of the Laws of 1975, such term is intended to have the same meaning set forth in the definition of such term found in the Statute, unless a contrary intention is clearly expressed from the context of this chapter.
[Ord. No. 919 Art. V, B]
All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such applications shall be governed by the provisions of Section 34-4 of this chapter.
[Ord. No. 919 Art. V, C]
The Borough Clerk shall file with the County Planning Board as soon after passage as possible, all development regulations, including this chapter and any amendments or revisions thereto. The official zoning map of this Borough shall be filed by the Borough Clerk with the County Planning Board as soon after passage as possible. Copies of all development regulations and revisions or amendments thereto shall be filed and maintained in the office of the Borough Clerk.
[Ord. No. 919 Art. V, D]
At the request of the developer, the Reviewing Board shall grant an informal review of a concept plan for development for which the developer intends to prepare and submit an application for development. The amount of any fees for such an informal review shall be a credit towards fees for review of the application for development pursuant to subsection 34-14.1e. The developer shall not be bound by any concept plan for which review is requested, and the Reviewing Board shall not be bound by any such review.
[Ord. No. 919 Art. VI, A]
There is hereby established pursuant to N.J.S.A. 40:55D-23 in the Borough of Milltown a Planning Board of nine members consisting of the following four classes:
a. 
Class I: The Mayor.
b. 
Class II: One of the officials of the municipality, other than a member of the Governing Body, to be appointed by the Mayor; provided that if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member if there is both a member of the Zoning Board of Adjustment or historic preservation commission and a member of the Board of Education among the Class IV members or alternate members.
c. 
Class III: A member of the Governing Body, to be appointed by it.
d. 
Class IV: Six other citizens of the municipality, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment, except that one member may be a member of the Zoning Board of Adjustment or Historic Preservation Commission and one may be a member of the Board of Education. A member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board member unless there be among the Class IV members of the Planning Board or alternate members both a member of the Zoning Board of Adjustment or a member of this Historic Commission, and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board. For the purpose of this section, membership on municipal board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.
[Ord. No. 919 Art. VI, B]
a. 
The term of the member composing Class I shall correspond with his official tenure.
b. 
The term of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever comes first, except for a Class II member who is also a member of the Environmental Commission.
c. 
The term of a Class II or Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever comes first.
d. 
The term of a Class IV member who is also a member of the Board of Adjustment, Historic Preservation Commission or the Board of Education shall terminate whenever his is no longer a member of such other body or at the completion of his Class IV term, whichever comes first.
e. 
All Class IV members shall be appointed for terms of four years except as otherwise herein provided.
f. 
All terms shall run from January 1 of the year in which the appointment was made, except as otherwise specified herein.
g. 
No member of the Planning Board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
h. 
Any member other than a Class I member, after a public hearing if he requests one, may be removed by the Governing Body for cause.
[Ord. No. 919 Art. VI, C]
There shall be two alternate members of the Planning Board who shall be appointed by the appointing authority and shall meet the qualifications of Class IV members of the Planning Board. The alternates shall be designated at the time of their appointment as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two years except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the Approving Authority for the unexpired term only.
No alternate members shall be permitted to act on any matter on which he has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the Governing Body for cause. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
[Ord. No. 919 Art. VI, D]
If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment as above provided for the unexpired term.
[Ord. No. 919 Art. VI, E]
The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV, select a secretary who may be a member of the Planning Board or a municipal employee, and create and fill such other offices as established by ordinance.
[Ord. No. 919 Art. VI, F]
There is hereby created the position of Planning Board Attorney. The Planning Board shall annually appoint and fix the compensation of the Planning Board Attorney for all legal services including but not limited to: regular and special meetings of the Board, litigation, and such other legal services as may be deemed necessary by the Board. The Board Attorney shall be an attorney other than the Municipal Attorney. The Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the Governing Body for its use.
[Ord. No. 919 Art. VI, G]
The Planning Board may also employ or contract for the services of a Planning Consultant and his staff and other services as it may deem necessary. The Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the Governing Body for its use.
[Ord. No. 919 Art. VI, H]
The Planning Board is authorized to adopt bylaws governing its procedural operation. It shall also have the following powers and duties:
a. 
To make and adopt and from time to time amend a Master Plan for the physical development of the municipality, including in its consideration areas outside its boundaries which in the Board's judgment bear essential relation to the planning of the municipality, in accordance with the provisions of N.J.S.A. 40:55D-1 et seq.
b. 
To administer the provisions of the Land Development Ordinance of the municipality in accordance with the provisions of the ordinances and with N.J.S.A. 40:55D-1 et seq.
c. 
To participate in the preparation and review of programs or plans required by State or Federal law or regulations.
d. 
To assemble data on a continuing basis as part of a continuing planning process.
e. 
To annually prepare a program of municipal capital improvements and projects projected over a term of six years, and amendments thereto, and recommend same to the Governing Body.
f. 
To consider and make report to the Governing Body within 35 days after referral as to any proposed development regulations submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26b.
g. 
The Planning Board, when reviewing applications for approval of subdivision plans, site plans or conditional uses shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment, provided no variance under N.J.S.A. 40:55D-70d is required:
1. 
Grant variances, pursuant to N.J.S.A. 40:55D-70C, from lot areas, lot dimension, setback and yard requirements, etc.
2. 
Direction, pursuant to N.J.S.A. 40:55D-34, for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
3. 
Direction, pursuant to N.J.S.A. 40:55D-36, for issuance of a permit for a building or structure not related to a street.
4. 
Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include references to the request for a variance or direction for issuance of a permit, as the case may be.
h. 
Advisory Duties. The Planning Board shall perform such other advisory duties as are assigned to it by ordinances or resolution of the Governing Body for the aid and assistance of the Governing Body or other municipal agencies or offices.
[Ord. No. 919 Art. VI, I]
Whenever the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the municipality, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development to the Planning Board. Failure of the Planning Board to make such an informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
[Ord. No. 919 Art. VI, J]
a. 
Minor Subdivisions and Minor Site Plans. Minor subdivision and minor site plan approvals shall be granted or denied within 45 days of the date of submission of a complete application to the Planning Board or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the prescribed forty-five day period shall constitute minor subdivision or minor site plan approval. Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision, is filed by the developer with the County Recording Officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Planning Board before it will be accepted for filing by the County Recording Officer.
1. 
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date on which the resolution of minor subdivision approval is adopted; provided that the approved minor subdivision shall have been duly recorded as provided in this subsection.
2. 
The Planning Board may extend the 190-day period for filing a minor subdivision plat or deed pursuant to paragraph a if the developer proves to the reasonable satisfaction of the Planning Board: (a) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasigovernmental entities, and, (b) that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period or delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
3. 
The Planning Board shall grant an extension of minor subdivision approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other government entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before: (a) what would otherwise be the expiration date of minor subdivision approval or (b) the 91st day after the developer receives the last legally required approval from other government entities, whichever occurs later.
b. 
Preliminary Approval of Major Subdivisions and Major Site Plans. Upon submission of a complete application for a subdivision of 10 or fewer lots or a major site plan involving 10 acres of land or less and 10 dwelling units or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a subdivision or more than 10 lots or a major site plan involving more than 10 acres or more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval for either size subdivision or site plan.
c. 
Ancillary Powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in subsection 34-9.8g, the Planning Board shall grant or deny approval of the application within 120 days after submission by the developer of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period described shall constitute approval of the application and a certificate of the Administrative Officer as to the failure of the Planning Board to act shall be issued on the request of the applicant.
d. 
Final Approval. Application for final subdivision approval or site plan approval shall be granted or denied within 45 days of submission of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the County recording officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. The Planning Board may extend the ninety-five day or 190-day period if the developer proves to the reasonable satisfaction of the Planning Board: (1) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and (2) that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after that would otherwise be the expiration date.
[Ord. No. 919 Art. VI, K]
The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of N.J.S.A. 2A:67A-1 et seq. shall apply.
[Ord. No. 919 Art. VII, A]
a. 
A Zoning Board of Establishment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq. consisting of seven residents of the Borough appointed by the Governing Body to serve for a term of four years from January 1 of the year of their appointment. The terms of the members first appointed shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointment; provided that the initial term of no member shall exceed four years. Thereafter, the term of each member shall be for four years.
b. 
No member of the Zoning Board of Adjustment may hold any elective office or position under the municipality.
c. 
A vacancy occurring otherwise by expiration of term shall be filled for the unexpired term only.
d. 
No member of the Zoning Board of Adjustment shall be permitted to act on any matter in which he has, either directly or indirectly, any person or financial interest.
e. 
A member may, after a public hearing if he requests it, be removed by the Governing Body for cause.
[Ord. No. 919 Art. VII, B]
a. 
There shall be two alternate members of the Board of Adjustment appointed by the Governing Body. The alternate members shall be designated at the time of appointment by the Governing Body as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years.
b. 
The alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
c. 
No alternate member of the Board of Adjustment shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
d. 
An alternate member may, after a public hearing if he requests one, be removed by the Governing Body for cause.
[Ord. No. 919 Art. VII, C]
The Board of Adjustment shall elect a Chairman and Vice Chairman from its members and shall also select a Secretary, who may be either a Board member or another municipal employee.
[Ord. No. 919 Art. VII, D]
There is hereby created the position of Attorney to the Zoning Board of Adjustment, appointed by the Zoning Board of Adjustment. The Zoning Board of Adjustment shall annually appoint and fix the compensation of the Zoning Board of Adjustment Attorney for all legal services including but not limited to: regular and special meetings of the Board, litigation and such other legal services as may be deemed necessary by the Board. The Board attorney shall be an attorney other than the Municipal Attorney or Planning Board Attorney. The Board shall not, however, exclusive of gifts or grants, exceed the amount appropriated by the Governing Body for its use.
[Ord. No. 919 Art. VII, E]
The Zoning Board of Adjustment may also employ or contract for a Planning Consultant and his staff and other staff and services as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of all gifts or grants, the amount appropriated by the Governing Body for its use.
[Ord. No. 919 Art. VII, F]
The Board shall adopt bylaws governing its procedural operation and such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of N.J.S.A. 2A:67A-1 et seq. shall apply.
[Ord. No. 919 Art. VIII, G]
The Board of Adjustment shall have such powers as are granted by law to:
a. 
Hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the Zoning Ordinance.
b. 
Hear and decide requests for interpretation of the Zoning Map or Zoning Ordinance or for decisions upon other special questions upon which such Board is authorized to pass by the Zoning Ordinance.
c. 
1. 
Where: (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or (b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (c) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to the zone requirements of Section 34-20 through 34-24 would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, grant, upon an application or an appeal so as to relieve such difficulties or hardship; 2. Where in an application or appeal relating to a specific piece of property the purposes of this chapter would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to Section 34-20 through 34-24; provided, however, that no variance from those departures enumerated in paragraph d below shall be granted under this subsection; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use, in conjunction with which the Planning Board has power to review a request for a variance pursuant to subsection 34-9.8g.
d. 
In particular cases and for special reasons, grant a variance to allow departure form regulations to permit: 1. use or principal structures in a district restricted against such use or principal structure; 2. an expansion of a nonconforming use; 3. deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use; 4. an increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4; 5. an increase in the permitted density as defined in N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision, or 6. a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by affirmative vote of at least five members. No variance or other relief may be granted under the provisions of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and Zoning Ordinance. Any application under this section may be referred to any appropriate person or agency, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
[Ord. No. 919 Art. VII, H]
In addition, the Zoning Board of Adjustment shall have power given by law to:
a. 
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map.
b. 
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
c. 
The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37, or conditional use approval pursuant to N.J.S.A. 40:55D-37, or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance pursuant to N.J.S.A. 40:55D-70d.
d. 
The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon the grant of all required subsequent approvals by the Zoning Board of Adjustment, consistent with N.J.S.A. 40:55D-76.
[Ord. No. 919 Art. VII, I]
a. 
Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an Administrative Officer of the municipality based on or made in the enforcement of the Zoning Regulations or official map. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed was taken.
b. 
A developer may file an application for development with the Board of Adjustment for action under any of its powers without prior application to an Administrative Officer.
[Ord. No. 919 Art. VII, J]
The Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all the powers of the Administrative Officer from whom the appeal is taken.
[Ord. No. 919 Art. VII, K]
An appeal to the Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the officer from whose action the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown.
[Ord. No. 919 Art. VII, L]
The Board of Adjustment shall render its decision not later than 120 days after the date an appeal is taken from the decision of an administrative office or after the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-72b, or within such further time as may be consented to by the applicant. Failure of the Board to render a decision within such period shall constitute a decision favorable to the applicant. In the event the developer submits separate consecutive applications, pursuant to subsection 34-10.8c, the aforesaid time period shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this section. Failure of the Board to render a decision within the prescribed period shall constitute a decision favorable to the applicant.
[Ord. No. 919 Art. VII, M]
Any variance from the terms of this chapter hereafter granted by the Board of Adjustment permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation within one year from the date of entry of the judgment or determination of the Board of Adjustment, or in the case where a variance was granted in conjunction with the approval of a development application for a minor subdivision or site plan, preliminary major subdivision or site plan or a final subdivision or site plan, the expiration period for the variance shall run concurrently with the expiration period for the respective development application, unless the applicable construction permits have been obtained or the permitted use has actually been commenced by that date; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment to the Governing Body or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.
[Ord. No. 919 Art. VII, N]
Whenever the Environmental Commission has prepared and submitted to the Zoning Board an index of the natural resources of the municipality, the Zoning Board shall make available to the Environmental Commission an informational copy of every application for development to the Zoning Board. Failure of the Zoning to make such an informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
[Ord. No. 919 Art. VIII; Ord. No. 07-1253; Ord. No. 13-1378 § 1; Ord. No. 13-1382 § 1]
As used in this chapter:
ACCESSORY BUILDING OR USE
Shall mean an accessory building or use is one which:
a. 
Is subordinate to and serves an ancillary purpose to a principal building or principal use; and
b. 
Is subordinate in area, extent, or purpose to the principal building or principal use served; and,
c. 
Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served;
d. 
Is located on the same zoning lot as the principal building or principal use served.
ADMINISTRATIVE OFFICER
Shall mean the Borough Planner of the Borough of Milltown, or such other person as designated by the Mayor.
ADULT BOOK STORE
Shall mean an establishment having as a substantial or significant portion of its stock in trade books, magazines, and other films, tapes, periodicals, or other media which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities.
ALTERATION
Shall mean to change the appearance of exterior elements of a structure, or to change the materials used. A change in the exterior color of a structure shall be considered an alteration within the terms of this definition only with respect to properties with historic preservation potential and only if the change in color entails the application of paint to a surface which has not been painted before. Ordinary maintenance shall not be considered an alteration within this definition.
ALTERATION
Shall mean, as applied to a building or a structure, a change or rearrangement in the structural parts of existing facilities, or an enlargement whether by extension of any side or by increasing in height, or change in use from that of one use classification to another, any conversion of a building, or a part thereof, or removal of a building from one location or position to another.
APPLICATION FOR DEVELOPMENT
Shall mean the application form and all accompanying documents required by Ordinance for submission for review of a subdivision plat, site plan, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
APPROVING AUTHORITY
Shall mean the Planning Board or Zoning Board of Adjustment when acting pursuant to the authority of the Municipal Land Use Law.
ATTIC
Shall mean that part of a building which is immediately below and wholly or partly within the roof framing. See Story, Half.
AUTOMOTIVE OR GASOLINE SERVICE STATION
Shall mean any area of land, including structures thereon, that is used or designed to be used for the retail sale of gasoline or oil or other fuel directly to motor vehicles from a pump located outside a building including the sale of motor vehicle accessories and facilities for polishing, greasing, washing, spraying, dry cleaning, repairing or otherwise cleaning or servicing such motor vehicles.
AUTOMOTIVE REPAIR SERVICES AND GARAGES
Shall mean establishments primarily engaged in furnishing automotive repair, rental, leasing and/or parking services to the general public.
AUTOMOTIVE SALES
Shall mean the use of land for the purpose of display and storage of automobiles for sale to the general public. Such use shall not include storage of vehicles for hire, demo, or for towed or damaged or abandoned vehicles or auction sales.
BASEMENT
Shall mean that portion of the building which is partly below and partly above grade and having 1/2 or more of its height above grade, the floor of which is not more than three feet below ground level.
BOARDING HOUSE
Shall mean any building, together with any related structure, accessory building, and land appurtenant thereto, and any part thereof, which contains two or more units of dwelling space arranged or intended for single room occupancy, exclusive of any such unit occupied by an owner or operator, and wherein personal or financial services are provided to the residents, including any residential hotel or congregate living arrangement, but excluding any hotel or motel or established guest house wherein a minimum of 85% of the units of dwelling space are offered for limited tenure only, any foster home as defined in N.J.S.A. 30:4C-26.1, any community residence for the developmentally disabled as defined in N.J.S.A. 30:11B any dormitory owned or operated on behalf of any nonprofit institution or primary, secondary or higher education for the use of its students.
BUFFER AREA
Shall mean an area in which no building, parking area, driveway (except to provide access to property), street, sign (except traffic directional sign) or storage of materials shall be permitted and which shall consist of a dense and continuous landscaped screening area, planted and maintained containing fences, massed trees and shrubs of such species and size as will produce a sufficient density to obscure or confine throughout all seasons automobile headlight glare, site noise, windblown debris and other typical and frequent nuisance problems, as well as create an aesthetically pleasing and attractive view to mask or obscure the use, function, or structure located upon the site.
BUILDING
Shall mean any structure built or used for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind which is permanently or temporarily affixed to the land and having a roof supported by columns, piers, or walls, or having other supports and any unroofed platform, terrace, or porch having a vertical face higher than three feet above the level of the ground from which the height of the building is measured.
BUILDING AREA
Shall mean the total of areas of outside dimensions on a horizontal plane at ground level of the principal building and all accessory buildings, exclusive of unroofed porches, terraces, or steps having a vertical face of less than three feet above the level of the ground from which the height of the building is measured.
BUILDING HEIGHT
Shall mean the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of ceiling of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the average height between the plat and ridge of a gable, hip, or gambrel roof, including chimneys and other similar features.
BUILDING LINE
Shall mean a line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered or projected section of a building, the vertical plane shall coincide with the most projected surface. All yard requirements are measured to the building line.
BUILDING, PRINCIPAL
Shall mean a building or use in which is conducted the main or principal use of the lot on which the building is situated.
BULK
Shall mean the term used to describe the size and mutual relationships of buildings and other structures and includes:
a. 
The size of buildings and other structures; and
b. 
The shape of buildings and other structures; and
c. 
The location of exterior walls of buildings and other structures in relation to lot lines, to the centerline of streets, to other walls of the same building and to other buildings or structures; and
d. 
All open spaces relating to a building or structure.
BULKHEAD
Shall mean a retaining wall created along a body of water behind which fill is placed.
BUSINESS OFFICE
Shall mean a room or group of rooms used primarily for conducting the affairs or purpose of profit or improvement of an occupation, nonprofessional, service or non-tradesman activity on a fee or contract basis.
CALIPER
Shall mean the diameter of a tree trunk measured in inches, and measured 24 inches above ground level for all trees.
CARTWAY
Shall mean the section of a street, road or highway or right-of-way located between the curblines which is normally used by vehicular type traffic, commonly known as the paved areas of the street.
CELLAR
Shall mean that portion of a building which is partly or completely below grade and having at least 1/2 its height below grade.
CERTIFICATE OF OCCUPANCY
Shall mean a certificate issued by the building and/or zoning inspector upon completion of the construction of a new building or upon a change in the use of the occupancy of a building which certifies that all requirements of this chapter or such adjustments thereof which have been granted, and all other applicable requirements have been complied with.
CHANGE OF USE
Shall mean an alteration in a building heretofore existing, to a new use group which is subject to other requirements of this chapter or other special provisions of law governing building construction, equipment or means of egress as established within the Uniform Construction Code of the Municipality.
CHILD CARE CENTER
Shall mean a private establishment enrolling six or more children and where tuition, fees, or other form of compensation for the care of children is charged, whether or not licensed or approved to operate as a child care center by the N.J. Division of Youth and Family Services (N.J.D.Y.F.S.).
CHURCH
Shall mean a structure, building or group of buildings, including customary accessory structures such as auditoriums used, designed, or intended for public worship. The word "Church" shall include any place where persons regularly assemble for worship, i.e. chapels, churches, congregations, cathedrals, synagogues, temples, and other places where regular religious services are conducted, as well as parish houses, convents, religious school facilities and structures, and other accessory uses, including uses and structures for religious and sectarian education.
COMMON OPEN SPACE
Shall mean an open space area exclusive of required setback areas within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space my contain such complementary structures and improvements as are necessary and appropriate for the use and enjoyment of residents and owners of the development.
COMPLETE APPLICATION
Shall mean an application form completed as specified by ordinance and the rules and regulations of the Reviewing Board, and all accompanying documents required by ordinance for approval of the application for development. An application shall be certified as complete upon meeting of all requirements specified in the ordinance and in the rules and regulations of the Reviewing Board, and shall be deemed complete as of the day it is so certified for purpose of the commencement of the time period for action by the Planning Board or Board of Adjustment.
CONDITIONAL USE
Shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning ordinance, and upon the issuance of an authorization therefore by the Planning Board, or where required by N.J.S.A. 40:55D-70, by the Board of Adjustment.
CONDOMINIUM
Shall mean ownership of real property combining ownership in fee simple of a dwelling unit and undivided ownership in common with other purchasers of the common elements in the structure and including the land use and its appurtenances.
CONSTRUCTION OFFICIAL
Shall mean that person designated by salary guide title in the municipality pursuant to the Uniform Construction Code of the State of New Jersey.
CONTROL PERSON
Shall mean that person designated by salary guide title to accept and agendize incoming applications and amendments and revisions thereto.
CONVERSION
Shall mean a change in the use of land or structure.
CORNER LOT
Shall mean a lot at the junction of and fronting on two or more intersecting streets. Front yard setback requirements shall be provided for all street frontages of a corner lot.
CURB LEVEL
Shall mean the permanently established grade of the curb top in front of a lot.
DAYS
Shall mean calendar days.
DE MINIMIS
Shall mean when applied to an action affecting a property with historic preservation potential, an action of such a minimum nature that a. the purposes of historic preservation, as defined in this chapter will not thereby be materially affected, and b. the action doest not increase the degree of noncompliance with respect to any bulk regulation set forth in this chapter.
DEMOLITION
Shall mean to partially or completely take down a structure.
DENSITY
Shall mean the number of dwelling units which may be developed or that portion of the tract exclusive of public street right-of-way, floodway, delineated wetlands, conservation/preservation areas, open space areas, stream or waterbodies, existing public utility easements, and such other areas which may not be developed.
DENSITY, GROSS
Shall mean the number of dwelling units provided by the total land area of the lot or lots comprising the tract of land for which the development application is made.
DEVELOPER
Shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract to purchase or lease, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
Shall mean the division of a parcel of land into two or more parcels, or the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or any mining, excavation or landfill, and/or any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required, pursuant to the New Jersey "Municipal Land Use Law."
DISCOTHEQUE
Shall mean an establishment where patrons dance to recorded music and may also feature go-go dancers.
DRAINAGE
Shall mean the removal of surface water or groundwater from land by drains, grading or other means and includes control to minimize erosion and sedimentation during and after construction or development and shall mean necessary for water supply preservation or prevention or alleviation of flooding.
DRIVE-IN BANK
Shall mean a building or portion thereof which encourages or permits customers to conduct personal financial transactions while remaining in their motor vehicles.
DRIVE-IN RESTAURANT
Shall mean a building or portion thereof where food and/or beverages are sold in a form ready for consumption and where a portion of the consumption takes place or is designed to take place outside the confines of the building, often in a motor vehicle on the site, or is designed for the transferal of food and/or beverages without leaving the vehicle.
DWELLING
Shall mean a building designed or used exclusively as the living quarters for one or more families.
DWELLING MIDRISE
Shall mean a medium or midrise building with a common passageway which is three to five stories or 35 to 60 feet in height, in which building there are one or more suites of rooms on each floor.
DWELLING, ATTACHED
Shall mean one dwelling unit in a line of two more structurally joined dwelling units, with each dwelling unit having individual access, with open space in front and rear.
DWELLING, DETACHED
Shall mean a detached dwelling is a building surrounded by open space on the same zoning lot and being the only principal building occupying that Zoning Lot.
DWELLING, EFFICIENCY
Shall mean a dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.
DWELLING, HIGH-RISE
Shall mean building with a common passageway, consisting of more than five stories or more than 60 feet in height in which building there are one or more suites of rooms on each floor.
DWELLING, MULTIFAMILY
Shall mean a building designed for or occupied exclusively by three or more families or households living independently of each other.
DWELLING, PATIO HOUSE (A.K.A. TERRACE HOME)
Shall mean a variation of the traditional one (1) story ranch house, designed to fit on a narrow lot, with an angled or altered architectural form, with the elimination of side and/or front yards, with private spaces fenced, usually on a square or reduced size lot, with parking usually occurring within the unit in a garage.
DWELLING, SINGLE FAMILY
Shall mean a dwelling consisting of a building containing one (1) dwelling unit only and not occupied or designed for occupancy by more than one (1) family.
DWELLING, TOWNHOUSE
Shall mean one (1) of a series of contiguous single family dwelling units, designed for conveyance either as a condominium or as a planned development, in which each unit has its own front and rear access to the outside, no unit is located over another unit and each dwelling unit is separated from another by one (1) or more common fire resistant walls, and wherein each dwelling unit shall have separate individual utility systems, and with private rear yard areas.
DWELLING, TWO FAMILY
Shall mean a building for or occupied exclusively by two (2) families or households living independently of each other.
EASEMENT
Shall mean a right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose and within which the owner of the property shall not erect any permanent structures.
ENVIRONMENTALLY SENSITIVE AREAS
Shall mean areas which include, but are not limited to, stream corridors and floodplains, stream, bodies of water, wetlands (as defined by NJDEP), slopes greater than ten (10%) percent, shallow depth to bedrock (less than two (2) feet), highly acidic or erodible soils (as defined by the SCS), mature stands of trees, aquifer recharge areas, aquifer discharge areas, unique natural features and wildlife habitats or such areas as may be so designated by Federal or State agencies of jurisdiction.
ERECT
Shall mean to build, construct, attach, alter, relocate or affix and includes the painting of signs or displays on the exterior surface of a building.
EROSION
Shall mean the detachment and movement of soil or rock fragments by water, wind, ice, gravity, whether naturally or humanly induced.
EXTENDED CARE FACILITY
Shall mean a long-term care facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged or a governmental medical institution.
FACADE
Shall mean an exterior wall of a building exposed to public view.
FAMILY DAY CARE
Shall mean "Family Day Care Home" and shall mean any private residence approved by the Division of Youth and Family Services or an organization with which the division contracts for family day care in which child care services are regularly provided to no less than three (3) and no more than five (5) children for no less than fifteen (15) hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child care services:
a. 
The child being cared for is legally related to the provider; or
b. 
The child being cared for as part of a cooperative agreement between parents for the care of their children by one (1) or more of the parents, where no payment for the care is being provided.
FENCE
Shall mean an artificially constructed barrier erected for the enclosure of yard areas.
FINAL APPROVAL
Shall mean the official action of the respective board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.
FINAL PLAT
Shall mean the final map of all or a portion of the subdivision which is presented to the respective board for final approval in accordance with these regulations, and which if approved shall be filed with the proper County recording office, in the case of subdivision.
FINANCIAL SERVICES
Shall mean any assistance permitted or required by the State to be furnished by an owner or operator to a resident in the management of personal financial matters, including but not limited to, the cashing of checks, holding of personal funds for safekeeping in any manner or assistance in the purchase of goods or services with a resident's personal funds.
FLAG LOT
Shall mean a lot, the majority of whose width is not fronting on or abutting a public road and where access to the public road is by a narrow, private right-of-way.
FLOOR AREA, GROSS
Shall mean the sum of the gross horizontal areas of all floors of a building or buildings, measured from the exterior faces of exterior walls or from the center line of walls separating two (2) buildings. The floor area of a building or buildings shall include but not be limited to the following:
a. 
Floor space used for heating, ventilating and air conditioning equipment with structural headroom of seven (7) feet, six (6) inches or more.
b. 
Attic space and basement space where a floor has actually been laid, providing structural headroom of seven (7) feet, six (6) inches or more.
c. 
Interior balconies and mezzanines.
d. 
Enclosed porches.
However, the floor area of a building shall not include:
a. Cellar space, except that cellar space used for retailing shall be included for the purpose of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths
b. Elevator shafts and stairwells, accessory water tanks and cooling towers.
c. Floor space used for heating, ventilating and air conditioning equipment, with structural headroom of less than seven feet, six inches.
d. Attic space, whether or not a floor has actually been laid, providing structural headroom of less than seven feet, six inches.
e. Uncovered steps.
f. Terraces, breezeways and open porches.
g. Accessory off-street parking spaces.
FLOOR AREA, NET
Shall mean the total of all floor areas of a building, excluding H.V.A.C. equipment rooms, interior vehicular parking or loading, and all floors below the first or ground floor, except when used or intended to be used for any human habitation or any service to the public.
FLOOR AREA RATIO
Shall mean the total of all floor areas of the building or buildings of that zoning lot, divided by the area of that zoning lot, all in square feet.
FRATERNAL ORGANIZATION
Shall mean a group of people formally organized for a common interest, usually cultural, religious or entertainment, with regular meetings, rituals and formal written membership requirements.
GARAGE, PRIVATE
Shall mean a building or space used as an accessory to the main building which provides for the storage of motor vehicles, in which no occupation, business or service is conducted.
GARAGE, PUBLIC
Shall mean a building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for profit, including but not limited to the sale of fuels, or accessories, or the hiring of same.
GARDEN APARTMENT
Shall mean a building or series of buildings, under single ownership, with common yards, open spaces, recreation area, garages and parking areas, not more than three stories in height, used for occupancy by three or more families living independently of each other and containing three or more dwelling units, but not including group, row or townhouses. The garden apartment development shall be on a landscaped site designed and erected as an integrated development with singleness of use and operation and which site contains such common facilities as pedestrian walks, open spaces and developed recreation areas in accord with minimum standards stated in this chapter, off-street parking and/or garage facilities consistent with ordinance requirements, complete utility system and free two-way access provided by two or more connections to peripheral public roads.
GRADE, FINISHED
Shall mean the completed elevation of surfaces of lawns, walks and pavement as shown on official plans or designs.
HABITABLE FLOOR AREA
Shall mean the area of all floors of a building measured at the exterior of the walls thereof, excluding cellars, closets, porches, patios, terraces, carports, breezeways, verandas, and garages and any other unheated area.
HEALTH CARE FACILITY
Shall mean a facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human disease, pain, injury, deformity, physical condition, or mental condition, including, but not limited to, a general hospital, public health center, diagnostic center, treatment center, rehabilitation center extended care facility, skilled nursing home, nursing home, intermediate care facility, tuberculosis hospital, chronic disease hospital, maternity hospital, outpatient clinic, dispensary, home health care agency, boarding home or other home for sheltered care, and bioanalytical laboratory or central services facility serving one or more such institutions but excluding institutions that provide healing solely by prayer.
HISTORIC PRESERVATION
Shall mean the process of identifying, evaluating, managing, conserving, maintaining and, when necessary, rehabilitating, stabilizing, restoring and reconstructing historic properties so that they are protected for the use of future generations.
HOME OCCUPATION
Shall mean any activity carried out for gain by a resident conducted as an accessory use in the resident's dwelling.
HOME PROFESSIONAL OFFICE
Shall mean a home occupation consisting of the office of a practitioner of a recognized profession.
HOMEOWNERS ASSOCIATION
Shall mean a community association, other than a condominium association, which is organized in a development in which individual owners share common interests in open space or facilities.
HOOKAH LOUNGE
Shall mean a place of business, regulated by the New Jersey Smoke Free Air Act, N.J.S.A. 26:3D-55 to N.J.S.A. 26:3D-64, where patrons smoke substances made of herbs and fruit, including tobacco, from hookahs.
HOTEL-MOTEL
Shall mean an establishment offering to the general public transient lodging accommodations, including one bathroom to each room, who have their permanent residence elsewhere, but not including cooking facilities, and which may provide additional services, such as restaurants, meeting rooms, and recreational facilities.
HOUSEKEEPING UNIT
Shall mean and is one or more persons who live together in one dwelling unit on a non-seasonal basis and who share living, sleeping, cooking and sanitary facilities on a non-profit basis, and who intend to be considered and who in fact consider themselves as a bona fide family. Nothing herein shall permit any housekeeping unit to exceed or violate any lawful limits on the number of persons permitted to reside in a particular dwelling.
IMPERVIOUS LOT COVERAGE
Shall mean a ratio between the area which is improved and overlain by structures and/or materials which results in the reduction and or prevention of absorption of water into the ground and the lot area expressed in terms of a percentage of the total area.
INCREASE IN INTENSITY OF USE
Shall be determined by the Zoning Code Officer with advice as necessary from other Borough officials as an increase in any or all of the following:
a. 
Increase of 10% or more in parking required for the site.
b. 
Increase in more than 10% lot coverage on the site.
c. 
Increase in more than 10% of the intensity of traffic, pedestrian or vehicular, generated.
d. 
Increase of more than 10% of employees with a maximum permitted increase (without site plan approval) of two employees.
e. 
Increase of intensity of use resulting from a change of utilization of site which adversely affects adjoining lot owners or the general public determined by the Zoning Code Officer with the advice from appropriate Borough officials.
INTERESTED PARTY
Shall mean, in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter, or whose rights to use, acquire, or enjoy property under this chapter or under any other law of this State or of the United States have been denied, violated, or infringed by an action or a failure to act under this chapter.
JUNKYARD
Shall mean an area or structure used for the collecting, storage, buying, trading, or abandonment of any refuse and/or discarded material, or the auctioning, dismantling, demolition, salvaging, cannibalizing, abandonment or processing of structures, automobiles, or other vehicle equipment and machinery or parts thereof; with the deposit of domestic, commercial, industrial or sanitary waste or garbage excluded.
LABORATORY
Shall mean a structure or rooms equipped for conducting scientific experiments, analysis, examinations, research, testing and/or other experimental technical work.
LOT
Shall mean a designated parcel, tract or area of land including the total area within the lot lines of a tract of land, excluding any street rights-of-way.
LOT AREA
Shall mean the total horizontal area of a parcel of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a public right-of-way shall not be included in calculating lot area.
LOT COVERAGE
Shall mean a ratio between the building area and lot area expressed in terms of a percentage of the total lot area.
LOT DEPTH
Shall mean the mean distance between its mean front line and its mean back lot line, measured at right angle to the front property line.
LOT FRONTAGE
Shall mean the portion nearest the street or coexistent with a street right-of-way line and being the portion of the lot to be used as the front yard requirements on corner lots and through lots, all lot sides of a lot adjacent to streets shall be considered frontage, and yard setback requirements shall be provided as indicated under Yards in this section. In odd shaped or triangular shaped lots or lots fronting upon a cul-de-sac, the length of frontage my be considered to be 2/3 of the required lot width provided at the street right-of-way line.
LOT LINE, FRONT
Shall mean lot line sharing commonality and coexistent with a street right-of-way line. All lot lines coincident with street right-of-way lines shall be considered front lot lines.
LOT LINE, REAR
Shall mean any lot line, other than a street line, which is parallel to the front line or within 45° of being parallel to the front lot line. A rear lot line shall also include any lot lines on an offset to a through lot which constitutes the rear lot line of an adjacent zoning lot.
LOT LINE, SIDE
Shall mean any lot which is not a front lot line or a rear lot line.
LOT WIDTH
Shall mean the horizontal distance between straight lines connecting front and rear lot lines at each side of the lot, measured parallel or nearly so to the front and rear lines so determined and across the rear of the required front yard, provided, however, in the case of lots on the turning circle of cul-de-sac, or odd-shaped lots, that width between side lot lines at their foremost points (where they intersect with the street right-of-way line) shall not be less than 2/3 of the required lot width.
MAINTENANCE GUARANTEE
Shall mean any security, which may be accepted by a municipality for the maintenance of any improvements required by this chapter, including but not limited to surety bonds, letters of credit and cash.
MAJOR SITE PLAN
Shall mean all site plans not defined as minor site plans.
MAJOR SUBDIVISIONS
Shall mean all subdivisions not classified as minor subdivisions.
MASTER PLAN
Shall mean a composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to Section 19 of the M.L.U.L.
MEDICAL BUILDING
Shall mean a building that contains establishments dispensing health services.
MINI-WAREHOUSE
Shall mean a building or group of buildings having controlled access and security within a compound containing various sizes of structures which are compartmentalized, and/or controlled access stalls, and/or locker areas for lease to or rent to individuals for storage of goods within a building or buildings.
MINOR SITE PLAN
Shall mean a development plan of one or more lots which: proposes development of a new building or a building alteration and less than five parking spaces and less than 1,000 additional square feet of floor area or a total of not more than 10% lot coverage, whichever is less, and which does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42.
MINOR SUBDIVISION
Shall mean a subdivision classified as a minor subdivision shall meet the following requirements:
a. 
It shall contain not more than three lots.
b. 
It shall have frontage on an existing street.
c. 
It shall not involve any new street or road or the extension of municipal facilities.
d. 
It shall not adversely affect the development of the remainder of the parcel or adjoining property.
NATURAL RESOURCE INVENTORY
Shall mean a complete physiographic portrait of a municipality, including its geography, topography, hydrology, soil and vegetation, as well as manmade factors which influence the environment.
NONCONFORMING LOT
Shall mean a lot or parcel which does not conform to the minimum standard for the zone in which it is located, or the use to which it is being put.
NONCONFORMING STRUCTURE
Shall mean a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING USE
Shall mean a use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which exact same use fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
NURSING, REST, CONVALESCENT HOME
Shall mean an extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
OCCUPANCY
Shall mean the specific purpose for which land or a building is used, designed, or maintained.
OFF-SITE
Shall mean located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF-STREET PARKING SPACE
Shall mean an off-street parking area for vehicles including the nine-foot wide by eighteen-foot long storage area of each vehicle and necessary maneuvering area of each vehicle. Space for maneuvering incidental to parking or unloading shall not encroach upon any public way or required setback area. Every off-street parking facility shall be accessible from a public way.
OFF-TRACT
Shall mean not located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
ON SITE
Shall mean located on the lot in question.
ON TRACT
Shall mean located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACE
Shall mean any parcel or area of land or water, not containing any building, unimproved or improved, and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
OPEN SPACE, PUBLIC
Shall mean an area of land other than a public street owned by a public agency and maintained by it for the use and enjoyment of the general public.
PARKING AREA
Shall mean any public or private land area designed and used for parking motor vehicles including parking lots, garages, private driveways and legally designated areas of public streets.
PARKING SPACE
Shall mean an off-street space for the parking of a motor vehicle, with minimum dimensions of nine feet by 18 feet.
PERFORMANCE GUARANTEE
Shall mean any security which may be accepted by a municipality including but not limited to: surety bonds, letters of credit, cash or certificates of deposit, provided that not more than 10% of the total performance guarantee may be in cash, and that the total performance guarantee amount shall not exceed 12% of the cost of installation of all improvements as estimated by the Borough Engineer.
PERSONAL SERVICES
Shall mean establishments primarily engaged in providing services involving the care of a person or his or her apparel, including but not limited to laundry, dry cleaning and garment services, coin-operated laundries, photographic studios, beauty shops, barber shops, shoe repair, and exercise clubs, provided that, except as permitted by any licensing act of the State of New Jersey, no service involves contact with any unclothed portion of a person other than his or her scalp, face, arms, hands, legs below the knee, feet or neck.
PHILANTHROPIC USES
Shall mean those active services or functions exclusively devoted to the active effort to promote human welfare, maintained or supported by act or gift or organized distribution of funds.
PLACE OF WORSHIP
See Church.
PRELIMINARY APPROVAL
Shall mean the conferral of certain rights prior to final approval after specific elements of a development plan have been approved by the relevant board.
PRELIMINARY FLOOD PLANS AND ELEVATIONS
Shall mean architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.
PROFESSIONAL OFFICE
Shall mean the office or studio of a member of a recognized profession including the offices of physicians, dentists, ministers, lawyers, architects, professional engineers, and such similar professional nontrade occupations. The issuance of a State or local license for regulations of any gainful occupation is not to be deemed solely indicative of professional standing.
PROPERTY LINE
Shall mean a lot or parcel line that defines the limits of ownership.
PUBLIC YARDS, PUBLIC PARKS AND PLAYGROUNDS
Shall mean:
a. 
Public parks, playgrounds, trails, paths and other recreational areas;
b. 
Other public open spaces;
c. 
Scenic and historic sites; and
d. 
Sites for school and other public buildings and structures, including the uses of all municipal, County, State, regional and Federal government agencies.
e. 
Public rights-of-way, cartways and easements.
QUASI-PUBLIC
Shall mean facilities utilized by members of nonprofit organizations and which are open to the general public, such as but not limited to: religious organizations, veterans' organizations, fraternal organizations and other institutions or organizations of similar type but not necessarily belonging to the aforementioned categories.
RECREATION, ACTIVE
Shall mean leisure time activities, usually of a more formal nature and performed with others, often requiring equipment and taking place at prescribed places, sites or fields.
RECREATION, PASSIVE
Shall mean any leisure time activity not considered active.
REMOVAL
Shall mean to partially or completely move a structure substantially intact.
RESIDENTIAL CLUSTER
Shall mean an area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appointment.
RESTAURANT
Shall mean an establishment regularly and principally used for the purpose of providing meals to the public, having an adequate kitchen and dining room equipped for the preparing, cooking and serving of foods for its customers and in which no other business, except such as is incidental to such establishment, is conducted, wherein the food and drink are consumed within the principal building. Such uses shall not be interpreted to include and are hereby defined to exclude drive-in restaurants or other similar uses where customers and patrons are served food, soft drinks or ice cream for their immediate consumption outside the confines of the building or structure in which the business is conducted. Restaurant establishments shall provide for traditional table services for made-to-order food.
RESTAURANT, FAST FOOD
Shall mean an establishment which has one or more of the following characteristics:
a. 
Serves primarily ready-to-eat foods, frozen desserts, or beverages in edible or paper, plastic, or disposable containers;
b. 
Usually serves foods over a general service counter or take-out counter that customers carry to the restaurant's seating facilities, to motor vehicles, or off-premises;
c. 
Devotes 45% or more of the establishment's gross floor area to food preparation, storage, or related activities; or
d. 
Serves foods through a drive-in or drive-thru window.
RESUBDIVISION
Shall mean the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots deed or other instrument.
RETAIL BUSINESS
Shall mean an establishment that sells goods, merchandise, or products, or performs services incidentally related to the sale of such goods, merchandise, or products, to general public customers for personal or household consumption.
RETAIL SERVICES
Shall mean establishments providing services or facilities, as opposed to products, to the general public, including eating and drinking places, hotels and motels, finance, real estate and insurance, personal services, motion pictures, amusement and recreation services, health, educational and social services, museums and galleries.
RIGHT-OF-WAY
Shall mean the horizontal and vertical area delimited by a line coexistent with the property line of other lands or right-of-way. Such lands may be of public holding for road or highway or public utility use, or private holding for the location of private, commercial, collective, or distributive provision of utilities.
ROOMING HOUSE
Shall mean any residence, building, or any part thereof containing one or more rooming units in which space is let by the owner or operator to more than two persons who are not members of the family.
ROOMING UNIT
Shall mean any room or group of room forming a single habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes.
SCHOOL
Shall mean a public, parochial or private nursery, daycare, elementary, secondary, college or university educational institution offering a diploma, degree or certificate subject to regulations prescribed by the State of New Jersey, Department of Education, supported in whole or part by public funds and/or nonprofit quasi-public agencies.
SEDIMENTATION
Shall mean the deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SETBACK
Shall mean the minimum horizontal distance between the street, rear or side lines of the lot and the front, rear, or side setback line. When two or more lots under one ownership are used, the exterior property lines so grouped shall be used in determining setbacks. The setback distance shall be equal to the required yard depth.
SETBACK LINE
Shall mean a line within any lot parallel to any street or property line between which line and the street or property line no building or portion thereof may be erected except as otherwise provided for in this chapter.
SIGHT TRIANGLE
Shall mean a triangular shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow between a height of 30 inches and 15 inches above the ground elevation in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.
SIGN
Shall mean any structure or part thereof, or any device attached to a structure, which shall display or include any letter, work, model, banner, pennant, flag, insignia, device, or representation used as, or which is in the nature of an announcement, direction, or advertisement. A sign includes any billboard but does not include the flag, pennant, or insignia of any nation, group of nations, or of any State, City, or other political unit or any temporary political, educational, charitable, philanthropic, civic, religious or like campaign, drive, movement, or event sign.
SIGN POLITICAL
Shall mean a temporary sign announcing or supporting political candidates or issues in connection with any national, State or local election.
SIGN, ADVERTISING AND/OR COMMERCIAL
Shall mean any sign which is owned and operated by any person, firm, or corporation engaged in the business of outdoor advertising for direct profit gained from the rental of such signs, or any sign advertising a commodity not sold or produced on the premises. This shall include billboards and off-premises signs indicating the direction to a particular place, as well as any interior message or display with greater than twelve inch lettering/or logo which is visible from the exterior of the building structure.
SIGN, AREA
Shall mean the area included within the frame or edge of the sign. Where the sign has no such frame or edge, the area shall be defined by an enclosed four-sided (straight sides) geometric shape, which most closely outlines the sign. In the case of lettering attached to building facades or awning signs, the sign area shall be the product of the maximum horizontal dimension of all lettering and symbols multiplied by the vertical dimension of all lettering and symbols which form the sign.
SIGN, BILLBOARD
Shall mean a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
SIGN, DIRECTIONAL
Shall mean signs limited to directional messages, principally for pedestrian or vehicular traffic, such as but not limited to: "one-way," "entrance," and "exit," etc.
SIGN, DIRECTORY
Shall mean a sign or plate listing the tenants or occupants of a building and their respective professions or business activities.
SIGN, FREE STANDING
Shall mean any nonmovable sign not affixed to a building.
SIGN, GROUND
Shall mean any sign supported by uprights or braces and not attached to any building.
SIGN, ILLUMINATED
Shall mean a sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign.
SIGN, NAME PLATE
Shall mean a sign, located on the premises, giving the name or address, or both, of the owner or occupant of a building or premises.
SIGN, PORTABLE
Shall mean a sign that is not permanent or affixed to a building, structure or the ground.
SIGN, PROJECTING
Shall mean a sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building.
SIGN, REAL ESTATE
Shall mean a sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.
SIGN, ROOF
Shall mean a sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof or which extends more than six inches above the facade of a building.
SIGN, TEMPORARY
Shall mean a sign of cloth, paper or other combustible material, with or without a frame, which is usually attached to the outside of a building, on a wall or store front or within the window area.
SIGN, WALL
Shall mean any sign attached to or erected against or painted upon the exterior wall or facade of a building or structure so that the display surface of the sign is parallel to the plane of the wall.
SIGN, WINDOW
Shall mean a sign that is applied or attached to the exterior or interior of a window or located in such a manner within a building that it can be seen from the exterior of the structure through a window.
SITE PLAN
Shall mean a development plan of one or more lots on which is shown details required pursuant to this chapter.
SKETCH PLAT
Shall mean a map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification of the application.
STORY
Shall mean that part of a building between the surface of any floor and the next floor above it, or in its absence then the finished ceiling or roof above it. A "split level" story shall be considered a second story if its floor level is six feet or more above the level of the line of the finished floor next below it except a cellar. Any floor under a sloping roof at the top of a building which is more than two feet below the top plate shall be counted as a story.
STORY, HALF
Shall mean that portion of a building under a gable, hip or gambrel roof, the wall plates of which at least two opposite exterior walls are not more than two feet above the floor of such half story. A cellar shall also be included as a "half-story."
STREET
Shall mean any road, avenue, street, lane, boulevard, alley or other way set aside or commonly used for access to abutting property, improved or unimproved. Such common ways shall have been duly inspected, approved, accepted and recorded and dedicated to the public use.
STREET LINE
Shall mean that line determining the limit of the highway rights of the public, either existing or contemplated. Where a definite right-of-way width has not been established, the street lines shall be assumed to be at a point 25 feet from the centerline of the existing pavement.
STRUCTURE
Shall mean a combination of materials to form a construction that is safe and stable and includes among other affixed things, a stadium, platform, radio towers, buildings, billboards, sheds, storage bins, swimming pools.
SWIMMING POOL, PRIVATE
Shall mean any body of water, tank or receptacle for water, whether artificially or semi-artificially constructed, or portable, having a depth at any point greater than 18 inches or having over 120 square feet of area or larger than 12 feet in diameter used or intended to be used for swimming or bathing solely by the owner, his family and guests of the household, and constructed, installed, established or maintained inside or outside any building in or above the ground upon any premises as an accessory use to the residence.
SYNAGOGUE
See Church.
TATTOO/PIERCING PARLOR
Shall mean an establishment whose principal business activity, either in terms or operation or as held out to the public, is the practice of one or more of the following: (1) placing of designs, letters, figures, symbols or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; and (2) creation of an opening in the body (piercing or otherwise) for the purpose of inserting jewelry or other decoration.
TAVERN
Shall mean a place where the principal use or function is the selling of alcoholic beverages and incident thereto may be retail sale or consumption of food as a permitted use, consistent with N.J.S.A. 33:1-12 et seq.
TEMPLE
See Church.
TEMPORARY STRUCTURE
Shall mean a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
TEMPORARY USE
Shall mean a use established for a fixed period of time with the intent to discontinue use upon the expiration of the time period.
USE
Shall mean the specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
VARIANCE
Shall mean permission to depart from the literal requirements of a zoning ordinance.
WADING POOL
Shall mean any artificially constructed pool, not designed or used for swimming, with a maximum depth of 18 inches.
WALL
Shall mean a. The vertical exterior surface of a building; b. Vertical interior surfaces which divide a building's space into rooms.
WAREHOUSE
Shall mean a building used primarily for the storage of goods and materials.
YARD, FRONT
Shall mean an open, unoccupied space on the same lot with the principal building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of that lot. Front setback line shall be synonymous with the front yard line. Front setback requirements shall apply to all street frontage of a corner lot. The front yard area shall be measured at right angles to the street line.
YARD, REAR
Shall mean the open space extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building. The depth of a rear yard shall be measured at right angles to the lot line to the nearest point of the rear lot line.
YARD, SIDE
Shall mean an open, unoccupied space between the side line of the lot and the nearest line of a building and extending from the front yard to the rear yard, or in the absence of either such yards, to the street or rear lot lines as the case may be. The width of a side yard will be measured at right angles to the side line of the lot.
ZONING OFFICER
Shall mean and include the duty of the Zoning Officer to enforce this chapter and pursuant to that duty to investigate any violation or alleged violation of this chapter coming to his/her attention, whether by complaint of third persons or from his/her own personal knowledge or observation. When any building or structure is erected, constructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of any provision of this chapter, it shall be the duty of the Zoning Officer to proceed with the enforcement of this chapter and the penalties provided for hereunder. He/she may also pursue such other statutory method or methods, heretofore or hereafter provided, as may be open to him/her.
ZONING PERMIT
Shall mean a document signed by the Zoning Officer: a. which is required by this chapter as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and b. which acknowledges that such use, structure or building complies with the provisions of the zoning ordinance or variance therefrom duly authorized by the municipal approving agency.
[Ord. No. 919 Art. IX, A]
a. 
No zoning permit, building permit or certificate of occupancy shall be issued for any parcel of land or structure which was sold or on which improvements were undertaken in violation of the provisions of this chapter, or for the use of a lot which was created by subdivision after the effective date of, and not in conformity with, the provision of this chapter. No site improvements, such as but not limited to excavation or construction of public or private improvements, shall be commenced except in conformance with this chapter and in accordance with plat approvals and the issuance of required permits.
b. 
No application shall be accepted by the Construction Official, Zoning Officer and/or the Secretary of the Approving Authority unless the applicant provides certification from the Tax Collector that all taxes or any other outstanding fees due to the Borough have been paid.
[Ord. No. 919 Art. IX, B]
A zoning permit shall be issued by the Zoning Officer before the issuance of either a certificate of occupancy to a new occupant of an existing building or portion of an existing building or a building permit.
[Ord. No. 919 Art. IX, C]
It shall be unlawful to use or permit the use of any building or part thereof hereafter created, changed, converted, altered to enlarge wholly or in part, until a certificate of occupancy shall have been issued by the Construction Official, and no certificate shall be issued unless the land, building and use thereof comply with this chapter, all matters incorporated on the approved subdivision or site plan have been completed and certified by the Municipal Engineer and the Building and Health Codes are complied with.
[Ord. No. 919 Art. IX, D]
Prior to the subdivision or resubdivision of land within the municipality and as a condition of the filing of subdivision plats with the County Recording Officer, a resolution of approval of the Reviewing Board, is required, as is the approval of site plans by the issuance of a permit for any development, except that subdivision or individual lot application for detached one-or-two dwelling unit buildings shall be exempt from such site plan review and approval.
[Ord. No. 919 Art. X]
The applicant shall, at the time of filing a submission, pay the following nonrefundable fee to the Borough of Milltown by certified check or bank money order. Proposals involving more than one use shall pay a fee equal to the sum of the fee for each element. No application for development shall be deemed complete unless and until accompanied by a check payable to "Borough of Milltown, N.J." for the appropriate application fees described below.
[Ord. No. 919 Art. X, 1; Ord. No. 939 § 1; Ord. No. 1015; Ord. No. 04-1179 § 9; Ord. No. 08-1269 § II]
a. 
Subdivision Application Fees.
1. 
Sketch Plat Fees.
(a) 
Sketch plat for minor subdivision (3 or less lots): $100 plus $20 per lot.
(b) 
Sketch plat for major subdivision: $250 plus $25 per lot.
(c) 
The fee for any submission of any revised sketch plat which has or has not received approval shall be 1/4 of the original submission fee.
2. 
Preliminary Major Subdivision Fees.
(a) 
The fee for one through 5 lots shall be $100 per lot. The fee for six lots and thereafter shall be $200 per lot.
(b) 
The extension of preliminary plat approval as set forth and defined in N.J.S.A. 40:55D-52 shall be 1/4 of the original application fee.
(c) 
The fee for any resubmission of any revised preliminary plat which may or may not have received approval shall be 1/4 of the original submission fee.
3. 
Final Major Subdivision Fees.
(a) 
The fee for final plat subdivision shall be $50 per lot.
(b) 
The fee for the extension of final approved plat for purposes of recording plats shall be 1/4 of the preliminary subdivision fee.
(c) 
The fee for any resubmission of any revised final plat which may or may not have received approval shall be 1/4 of the final subdivision fee.
b. 
Site Plans Application Fees.
1. 
Minor Site Plan Fees.
(a) 
For nonresidential uses: a fee of $100 plus $10 for each 1,000 square feet of floor area.
(b) 
For residential uses: a fee of $100 plus $10 for each dwelling unit.
(c) 
The fee for any resubmission of any revised plat which may or may not have received approval, shall be 1/4 of the original submission fee.
2. 
Major Preliminary and Final Site Plan Fees.
(a) 
Nonresidential preliminary site plan fee shall be $300 plus $0.10 per square foot of gross floor area of new construction up to 100,000 square feet and thereafter $0.01 per square foot.
(b) 
Residential preliminary site plan fee shall be $100 per dwelling unit.
(c) 
Final site plan fee shall be 1/2 the original application fee paid at preliminary application.
(d) 
The fee for any submission of revised site plan which may or may not have received approval shall be 1/4 of the original application fee.
(e) 
The extension of site plan approval as set forth and defined in N.J.S.A. 40:55D-52 shall be 1/4 of the original application fee.
c. 
Variances and Appeals Application Fees.
1. 
Fee to hear and decide appeals (N.J.S.A. 40:55D-70a) shall be $100.
2. 
Fee for interpretation of Zoning Regulations or Zoning Map (N.J.S.A. 40:55D-70b) shall be $75.
3. 
Fee for bulk variances (N.J.S.A. 40:55D-70c) shall be $100, or $15 per individual bulk violation, whichever is greater.
4. 
Fee for use variances (N.J.S.A. 40:55D-70d) shall be $250.
d. 
Conditional Use Application Fees. The fee for conditional use application shall be based on paragraph b above.
e. 
Other Fees.
1. 
The fee for a building permit in conflict with the official map or building permit not related to a street shall be $100.
2. 
The fee for a Zoning Use Permit,[1] based on gross floor area:
0 — 500 square feet
$50
501 — 1,500 square feet
$75
1,501 — 3,000 square feet
$100
3,001 — 5,000 square feet
$150
5,001 — 10,000 square feet
$300
Over 10,000 square feet
$600
[1]
Editor's Note: See also Zoning Permit Fees in Chapter 15, Building and Housing, Section 15-3, Zoning Permit Fees.
3. 
Special meetings scheduled only upon request of the applicant and if agreed to by the Board at its discretion shall be $250.
4. 
An additional fee of $250 per hearing night shall be paid for any hearing or any type of application where testimony extends more than two meetings.
5. 
Informal review of development concept plan for minor subdivision: $100. Informal review of development concept plan for major subdivision or any site plan: $250.
6. 
General development plan: A fee of $150.
7. 
Certified list of property owners: $0.25 per name or $10 whichever is greater.
8. 
Copy of transcripts prepared at cost to the Borough: $1.50 per page for the first copy of the page, plus $0.50 per copy of each additional copy of the page. The estimated amount of the cost shall be deposited into an escrow account.
9. 
Copy of minutes or decisions.
(a) 
One to 10 copies: $0.75 per page.
(b) 
11 to 20 copies: $0.50 per page.
(c) 
21 plus copies: $0.25 per page.
10. 
Capital project statutory review: $100.
f. 
Stenographic Record.
1. 
If the Board, in its discretion, determines that an application because of its complexity or expected length requires a certified stenographic reporter, it shall notify that applicant who shall arrange for the reporter's attendance.
2. 
Either an applicant or an objector may arrange for a certified court reporter for any application but shall notify the Board Secretary at least three days in advance of the hearing of its intention to have such reporter present and transcribing the proceedings.
3. 
Whether the Board requires a reporter or a reporter is arranged by an applicant or an objector, the cost of taking testimony and transcribing it shall be borne by the applicant or the objector, as appropriate. In any case, the party arranging for the reporter shall provide a copy of the transcript to the Board without cost to the Board.
g. 
Inspection Fees. The approval of site plans, subdivisions and planned developments shall be contingent upon the deposit of a certified check or money order with the Borough Clerk in the amount determined below to cover the cost of engineering inspection. The engineering inspection fee deposit shall be based upon the Engineer's estimate of all standard outside improvements including landscaping, but not including lighting, signs, fencing, etc. Inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of the improvements as indicated in the approval cost estimate of improvements approved by the Municipal Engineer.
[Ord. No. 919 Art. X, 2; Ord. No. 1053]
a. 
Applications.
1. 
Escrow Deposits for Professional Services:
(a) 
The Planning Board and Board of Adjustment shall require fees for technical and/or professional services and testimony employed by the Board in reviewing, processing and memorializing an application, including the review services of the Borough Engineer and Planner, Board Attorney and such other experts as may be deemed necessary (i.e. Traffic, Landscaping, Environmental, Soils, etc.). Fees required for this purpose shall be held in an escrow account by the Borough.
(b) 
Fees for technical and professional services shall be in addition to any and all other required fees.
2. 
Applicants required to submit Escrow Deposits; Exemptions:
(a) 
All applicants to the Planning Board and Board of Adjustment, with the exception of those applications involving one single family dwelling shall submit fees or escrow deposits in accordance with this chapter.
(b) 
When the reviewing Board determines that the application will serve a public purpose and promote the public health, safety and welfare, the following applicants may submit 50% of the required escrow deposit:
(1) 
Public organizations and/or agencies;
(2) 
Charitable and/or philanthropic organizations;
(3) 
Fraternal and/or religious nonprofit organizations.
(4) 
All applications proposing development of housing units providing for all low and/or moderate income families.
(c) 
Any organization qualifying for paragraph 2(b) above must hold a tax exempt status under the Federal Internal Revenue Code of 1954 (26 U.S.C. Sec. 501 (c) or (d)).
3. 
Submission of Escrow Deposits:
(a) 
The applicant shall submit the required escrow deposit to the Borough Clerk prior to the application being reviewed for completeness. No application shall be determined complete, reviewed by professional staff or placed on the agenda for public hearing until the required escrow deposit is paid.
(b) 
Required escrow deposits shall be in the form of cash, money order or certified check payable to the Borough of Milltown.
4. 
Escrow for Informal Review:
(a) 
Whenever an applicant requests an informal review of an application for development, involving technical or professional advisors, an escrow deposit shall be required in accordance with the schedule for formal applications. The deposit must be received prior to professional review.
(b) 
Any escrow deposit received for informal review shall be credited to the required escrow deposit for formal applications. The cost for professional services involved in the informal review shall be considered part of the formal application review and charged to the escrow account.
(c) 
Informal Review Fees.
(1) 
Minor subdivision or minor site plan: $100.
(2) 
Major subdivision, major site plan or use variance: $500.
(3) 
Capital Projects Statutory Review: $750.
5. 
Schedule of Required Fees for Escrow Deposits:
(a) 
The following sums are required to be deposited in an escrow account for applications to the Planning Board and/or Board of Adjustment:
(1) 
Variances.
i. 
Variance under N.J.S.A. 40:55D-70d, not requiring site plan or subdivision approval (use, etc.): $1,000.
ii. 
Conditional use approval (fees shall be in addition to site approval): $500.
(2) 
Site plan applications (fees shall be in addition to any required variances):
i. 
Residential site plan (involving dwelling units):
(i) 
Preliminary Approvals:
1-9 units
$1,500
10-25 units
$3,000
26-50 units
$4,500
51-100 units
$6,000
Over 100 units
$7,500
(ii) 
Final Approval: 20% of preliminary approval escrow fee or a minimum of $1,000 whichever is greater.
ii. 
Nonresidential site plan (not involving dwelling units)
(i) 
Preliminary approval:
(aa) With principal buildings over 1,000 square feet of gross floor area:
1,001-2,500 square feet gross floor area
$1,500
2,501-5,000 square feet gross floor area
$2,500
5,000-10,000 square feet gross floor area
$4,000
10,001-15,000 square feet gross floor area
$6,000
15,001-20,000 square feet gross floor area
$8,000
20,001-25,000 square feet gross floor area
$10,000
25,001-100,000 square feet gross floor area
$12,500
Over 100,000 square feet gross floor area
$15,000
(bb) Without principal buildings over 1,000 square feet gross floor area:
Lot area up to 1 acre
$1,000
1 acre to 5 acres
$2,000
5 acres to 10 acres
$3,000
Over 10 acres
$4,000
(ii) 
Final approval - 20% of preliminary approval escrow fee or a minimum of $1,000, whichever is greater.
(iii) 
Minor site plan $750.
(3) 
Subdivision application (fees shall be in addition to any required variances):
Minor subdivision (3 lots or less)
$1,000
Preliminary subdivision
Preliminary approval of 4 to 10 lots
$2,000
Preliminary approval of 11 to 25 lots
$3,000
Preliminary approval of 26 to 50 lots
$4,000
Preliminary approval of 51 to 100 lots
$6,000
Preliminary approval of over 100 lots
$7,500
Final Subdivisions
Final Approval
Final Approval of 4 lots to 25 lots
$1,000
Final Approval of 26 lots to 100 lots
$2,000
Final Approval of over 100 lots:
$3,000
(4) 
Planned unit development - fees shall be as for a simultaneous major site plan and major subdivision application, with fees for residential and nonresidential development computed separately, and thereafter cumulatively assessed upon the applicant.
(5) 
Concept plan applications:
Minor subdivision or minor site plan
$100
Major subdivisions:
$500
All site plans with more than 1,001 square feet of gross floor area
$500
Use variance application
$500
All fees for concept plans or informal submission shall be credited toward required escrow fees for the review of the formal application for the same development.
(6) 
General Development Plan: $1000 (in addition to any other site plan and/or subdivision fees which my also be applicable and required).
(7) 
Re-submissions.
i. 
Applicants should pay escrow deposit fees based upon 20% of the original submission fee for each resubmission of revised plans, including applications for use variance, preliminary subdivisions, final subdivisions preliminary site plans, final site plans, and planned unit development applications.
(8) 
Special design elements - applicants shall pay escrow fees based upon 20% of the original escrow fee, when and as determined by the Reviewing Board, that the proposed project includes a special design consideration, such as, but not limited to: sanitary sewer pump station, detention or retention ponds, potable water storage facility, traffic signalization device, off-tract improvements, etc.
6. 
Escrow Deposit Submission. The escrow fees shall be submitted by the applicant to the Borough Clerk. The escrow amount shall be deposited by the Borough into an official depository of the municipality in a separate interest bearing escrow account in the name of the municipality and the applicant. The custodian of the account shall be the Chief Finance Officer. The custodian shall notify the applicant, in writing, of the name and address of the depository and the amount of the deposit. Disbursements for professional review services shall be made in accordance with State Law and Municipal procedures. Deposit amounts shall be transmitted pursuant to State Statute and applicable municipal regulations and ordinances. When charges for review fees are received by the custodian of the escrow account, the amounts shall be transferred to the general fund of the municipality for approval and disbursements. In accordance with N.J.S.A. 40:55D-53.1, sums not utilized in the review process shall be returned to the applicant. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow as detailed elsewhere in this subsection.
7. 
Review of Escrow Deposit Amount.
(a) 
Prior to making a determination of completeness upon any application, the Board shall review said application to determine whether the escrow amount set forth above is sufficient. If the amount set forth is determined insufficient by the Reviewing Board to cover professional costs anticipated for the application, additional funds in the amount of 1/3 of the initially required escrow fee shall be deposited by the applicant prior to declaring the application complete. The application shall not be declared complete or placed on the agenda for public hearing until such additional escrow deposit is received.
(b) 
Further additional escrow deposit fees may be required at any time upon determination by the Reviewing Board. All approvals shall be conditional upon receipt of such additional fees deposited by the applicant in increments of 1/5 of the initially required escrow fee, when and as determined necessary by the Reviewing Board, and no building permits or certificates of occupancy shall be issued until all required escrow funds have been received.
8. 
Appeal of Escrow Deposit. In the event that the applicant believes the escrow deposit to be unreasonable, the Planning Board or Board of Adjustment shall hear and decide whether such fees are reasonable and the applicant may appeal the decision of the Planning Board or Board of Adjustment to the Governing Body, provided the applicant shall provide the Governing Body such transcripts of the Planning Board or Board of Adjustment hearing on fees, at his/her cost, and such hearing shall be on record. The Governing Body shall set a hearing date, with notice to all parties, and the applicant shall provide a court certified stenographer to record said hearing. The Governing Body may reverse a Panning Board or Board of Adjustment decision only if the Board's decision is not sustained by the preponderance of the evidence.
9. 
Escrow Accounts over $5,000; Conditions. Pursuant to N.J.S.A. 40:55D-53.1 whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the municipality for professional services employed by the municipality to review applications, the money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided for herein, shall continue to be the property of the applicant and shall be held in trust by the municipality. Money deposited shall be held in escrow. The municipality shall deposit it in a banking institution or savings and loan association in this State insured by an agency of the Federal government, or in any other fund or depository approved for such deposits by the State, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The municipality shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The municipality shall not refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him by the municipality at the time the deposit is repaid or applied to the purpose for which it was deposited, as the case may be; except that the municipality will retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount which shall be in lieu of all other administrative and custodial expenses.
10. 
Accounting of Escrow Deposits. In the event any applicant desires an accounting of the expenses or fees paid by him for professional review, he shall request such in a letter directed to the Secretary of the Planning Board or Board of Adjustment. The applicant shall be responsible for any costs incurred by the Planning Board or the Board of Adjustment in having its professional and administrative staff prepare an accounting of the fees expended. Such additional amount as may be required for the accounting shall be paid to the Planning Board or Board of Adjustment prior to issuance of a certificate of occupancy in the event that there are insufficient escrow funds to pay for the accounting.
11. 
Refunds. All escrow funds described herein shall be utilized by the appropriate Board to pay the cost of any technical and/or professional services incurred by the Board for review, processing, materialization and/or testimony in connection with the particular application. All funds not expended shall be refunded to the applicant within 120 days after the final determination by the appropriate Board with respect to such application. No amount shall be refunded prior to certification by the Board Secretary that said application has been finally determined.
[Ord. No. 919 Art. XI, A]
Regulation of land development and the attachment of reasonable conditions to development applications are exercises of valid police powers delegated by the State to the Borough. The applicant shall comply with reasonable conditions laid down by the Approving Authority for design, dedication, improvements and the use of the land to conform to the physical and economical development of the municipality and to the safety and general welfare of the future residents/owners in the development and the community at large. Where County Planning Board review or approval is required on a subdivision or site plan, the Approving Authority shall condition any approval it grants upon either timely receipt of a favorable report by the County Planning Board or approval by the County Planning Board due to its failure to submit a report within the required time period. If the County's report is negative or attaches conditions, the original action by the municipal Approving Authority shall be null and void and a new resolution shall be adopted which considers the County Planning Board's report.
[Ord. No. 919 Art. XI, B]
The Approving Authority, when acting upon applications for preliminary or minor subdivision approval and/or site plan approval, shall have the power to grant such exceptions from the design and performance standards of this chapter as may be reasonable and within the general purpose and intent of the provisions for subdivision/site plan review and approval if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
[Ord. No. 919 Art. XI, C]
The Approving Authority may waive required notices and hearing for minor and exempt subdivisions except where a variance or conditional use is part of the application. Divisions of land not considered a subdivision as defined in this chapter or in N.J.S.A. 40:55D-1 et seq. shall be exempt from compliance with the requirements of this chapter.
[Ord. No. 919 Art. XI, D]
a. 
The Approving Authority may waive public notice and hearing for a plan if it is found that the subdivision of land contains not more than three lots fronting on an existing street, nor involving any new street, road, extension of Municipal facilities, planned development, and not adversely affecting the development of the remainder of the parcel or adjoining property and is not in conflict with any provision of the Master Plan or this chapter.
b. 
Minor Subdivision Approval shall be granted or denied within 45 days of the date of submission of a complete application, or within such further time as may be consented to by the applicant. Failure of the Approving Authority to act within 45 days shall constitute minor subdivision approval. The Approving Authority shall condition any approval that it grants, pursuant to this section, upon timely receipt of a favorable report on the application by the Middlesex County Planning Board or approval by the Middlesex County Planning Board by its failure to report thereon within the required time period.
c. 
Except as provided in paragraph e., approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted unless within such period a plat in conformity with such approval and the provision of the "Map Filing Law" or a deed clearly describing the approval minor subdivision is filed by the developer with the County Recording Officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the chairman and secretary of the Approving Authority. In reviewing the application for development for a proposed minor subdivision the Approving Authority may be permitted by ordinance to accept a plat not in conformity with the "Map Filing Act," provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed such plat shall conform with the provisions of the act.
d. 
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date on which the resolution of minor subdivision approval is adopted, provided that the approved minor subdivision shall have been duly recorded as provided in this section.
e. 
The Approving Authority may extend the 190-day period for filing a minor subdivision plat or deed pursuant to this subsection if the developer proves to the reasonable satisfaction of the Approving Authority that: 1. the developer was barred or prevented directly or indirectly from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities, and 2. that the developer applied promptly for and diligently pursued the requested approvals. The length of the extension shall be equal to the period of the delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
f. 
The Approving Authority may grant an extension of minor subdivision approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date if the developer proves to the reasonable satisfaction of the Approving Authority that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of minor subdivision approval, or (2) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.
g. 
The applicant shall submit to the Administrative Officer at least 21 days prior to the public meeting of the Approving Authority, 15 blue- or black-on-white copies of the sketch plat; 15 completed copies of the Standard Development Application form; three completed copies of the sketch plat checklist; three copies of any protective covenants, deed restrictions and easements applying to the land being developed; 15 copies of the drainage calculations, utility reports and soil erosion and sediment control data if required; 15 copies of any required traffic, environmental or other study or report as may be required by the Board; the applicable fee; and certification by the Tax Collector that all taxes are paid to date. If the applicant is not the owner of record of the land, then all contractual agreements concerning its use shall be submitted. If the application is found to be incomplete, the applicant shall be notified in writing within 45 days of submission of such application or it shall be deemed to be properly submitted.
[Ord. No. 919 Art. XI, E]
a. 
Any owner of land within the municipality shall, prior to subdividing or resubdividing land, as defined in this chapter, submit to the Administrative Officer at least 21 days prior to a regular meeting of the Approving Authority, 15 blue- or black-on-white copies of the preliminary plat; 15 completed copies of the Standard Development Application Form; three completed copies of the preliminary plat checklist; three copies of any protective covenants, deed restrictions and easements applying to the land being developed; 15 copies of the drainage calculations, utility reports and soil erosion and sediment control data if required; 15 copies of any required traffic, environmental or other study or report as may be required by the board; the applicable fee; and certification by the Tax Collector that all taxes are paid to date. If the applicant is not the owner of record of the land, then all contractual agreements concerning its use shall be submitted. If the application is found to be incomplete, the applicant shall be notified in writing within 45 days of submission of such application or it shall be deemed to be properly submitted.
b. 
If the Approving Authority requires a substantial amendment in the layout of improvements proposed by the applicant that have been the subject of a hearing, an amended application shall be submitted and proceeded upon, as in the case of the original application. The Approving Authority, shall, if the proposed subdivision complies with the standards and provisions of this chapter, grant preliminary approval to the subdivision.
c. 
Upon the submission to the Administrative Officer of a complete application for a subdivision of 10 or fewer lots, the Approving Authority shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the applicant. Upon the submission to the Administrative Officer of a complete application for a subdivision of more than 10 lots, the Approving Authority shall grant or deny within 95 days of the date of such submission or within such further time as my be consented to by the applicant. Failure of the Approving Authority to act within the above prescribed time periods shall be deemed to have granted preliminary subdivision approval.
d. 
Two preliminary plans shall be filed by the applicant with the Middlesex County Planning Board. If the Middlesex County Planning Board fails to act on the subdivision application within a thirty-day period, the application shall be deemed to have been approved by the County Planning Board. However, by mutual agreement between the County Planning Board and the Approving Authority, and with the approval of the applicant, the thirty-day period may be extended for an additional thirty-day period. Any such extension shall so extend the time within which the municipal Approving Authority shall be required by law to act. Should the Middlesex County Planning Board fail to receive an approved extension of time, and the Secretary of the County Planning Board shall attest on the final plan to the failure of the County Planning Board to report within the required time period, such attestation shall be sufficient authorization for further Borough action on the application.
e. 
Effect of Preliminary Approval. Preliminary approval of a major subdivision shall, except as provided in paragraph e,4 of this subsection confer upon the applicant the following rights for a three year period from the date on which the resolution of preliminary approval is adopted:
1. 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to: use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
2. 
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be.
3. 
That the applicant may apply for and the Approving Authority may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards my govern.
4. 
In the case of a subdivision of or site plan for an area of 50 acres or more, the Approving Authority may grant the rights referred to in paragraphs 1, 2 and 3 above for such period of time, longer than three years, as shall be determined by the Approving Authority to be reasonable, taking into consideration: (a) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (b) economic conditions and (c) the comprehensiveness of the development. The applicant may apply for thereafter, and the planning board may thereafter grant, an extension of preliminary approval for such additional period of time as shall be determined by the Approving Authority to be reasonable, taking into consideration: (a) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (b) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, (c) economic conditions, and (d) the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.
5. 
Whenever the Approving Authority grants an extension of preliminary approval pursuant to paragraphs 3 or 4 this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer my apply for the extension either before or after what would otherwise be the expiration date.
6. 
The Approving Authority shall grant an extension of preliminary approval for a period determined by the Approving Authority but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Approving Authority that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before: (a) what would otherwise be the expiration date of preliminary approval, or (b) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Approving Authority from granting an extension pursuant to paragraphs 3 or 4 above.
[Ord. No. 919 Art. XI, F]
a. 
The applicant shall submit to the Administrative Officer, at least 21 days prior to the public hearing of the Approving Authority, 15 blue- or black-on-white copies of the final plat, together with 15 completed copies of the Standard Development Application form. The Approving Authority shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for final approval, the conditions for preliminary approval and the standards prescribed by the Map Filing Law.
b. 
Final approval shall be granted or denied within 45 days after submission of a complete application to the Administrative Officer, or within such further time as may be consented to by the applicant. Failure of the Approving Authority to act within 45 days shall constitute final approval. Whenever review or approval of the application by the County Planning Board is required, the Approving Authority shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period. After its approval, an applicant shall file the final subdivision plan which conform to the Map Filing Law, clearly describing the approved subdivision, with the County Clerk, the Municipal Engineer and the Municipal Tax Assessor. It shall also be filed by the applicant with the Middlesex County Clerk within 95 days of such approval; otherwise such approval shall expire, unless the Approving Authority extends the time for filing for an additional period, not to exceed 190 days from the signing of the plat, and the final plan is so filed within such period of time.
c. 
Where the final approval contains conditions, if all conditions are not complied with within 180 days from the date of final approval, or within such additional time as the Approving Authority shall allow, the final approval shall lapse.
d. 
Effect of Final Approval.
1. 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the applicant whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval; provided that in the case of a major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time periods provided herein. If the applicant has followed the standards prescribed for final approval and in the case of a subdivision, has duly recorded the plat as required, the Approving Authority may extend such period of protection by extensions of one year but there shall not be more than three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.
2. 
In the case of a subdivision for a planned development of 50 acres or more or major conventional subdivision or site development plan for 150 acres or more, the Approving Authority may grant the rights referred to herein for such period of time, longer than two years, as shall be determined by the Approving Authority to be reasonable taking into consideration: (a) the number of dwelling units and nonresidential floor area permissible under final approval, (b) economic conditions, and (c) the comprehensiveness of the development. The applicant may apply for thereafter, and the Approving Authority may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Approving Authority to be reasonable taking into consideration (a) the number of dwelling units and nonresidential floor area permissible under final approval, (b) the number of dwelling units and nonresidential floor area remaining to be developed, (c) economic conditions, and (d) the comprehensiveness of the development.
3. 
Whenever the Approving Authority grants an extension of final approval pursuant to paragraphs 1 or 2 above and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
4. 
The Approving Authority shall grant an extension of final approval for a period determined by the but not exceeding one year from what would otherwise be the expiration date if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before: (a) what would otherwise be the expiration date of final approval, or (b) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Approving Authority from granting an extension pursuant to paragraphs 1 or 2 above.
[Ord. No. 919 Art. VI, G]
a. 
Prior to the issuance of a building permit or certificate of occupancy for any new structure or use, change, addition or alteration in structure or use, construction of or addition to a parking lot or use of vacant land as a parking lot, change in use of any nonresidential use, or for any new structure or use, a site plan shall be reviewed, approved or waived as hereinafter provided by the Approving Authority. Single detached one-family or two-family dwellings used exclusively as residences and accessory uses incidental to that one- or two-family dwelling are specifically excluded from the site plan requirement.
b. 
The Approving Authority way waive certain site plan content requirements if the proposed construction or alteration or change of occupancy or use does not affect existing circulation, drainage, relationship of buildings to each other, landscaping, buffering, lighting or other considerations of site plan review, and further provided that all requirements of the zoning regulations are met. The Approving Authority may waive the requirement for notice and a public hearing for a minor site plan, at its discretion on any application.
[Ord. No. 919 Art. XI, H]
No certificate of occupancy shall be given unless all construction and development conforms to the approved site plan, as the same may have been formally revised or amended by the Approving Authority.
[Ord. No. 919 Art. XI, I]
a. 
The applicant shall submit to the Administrative Officer at least 21 days prior to the public meeting of the Approving Authority 15 blue- or black-on-white copies of the minor site plan; 15 completed copies of the Standard Development Application form; three completed copies of the minor site plan checklist; three copies of any protective covenants, deed restrictions and easements applying to the land being developed; 15 copies of the drainage calculations, utility reports and soil erosion and sediment control data if required; the applicable fee; and certification by the tax collector that all taxes are paid to date. If the applicant is not the owner of record of the land, then all contractual agreements concerning its use shall be submitted.
b. 
If the application is found to be incomplete, the applicant shall be notified in writing within 45 days of submission of such application or it shall be deemed to be properly submitted.
c. 
Upon the submission to the Administrative Officer of a complete application the Approving Authority shall grant or deny approval within 45 days of the date of such submission or within such further time as my be consented to by the applicant. Failure of the Approving Authority to act within 45 days shall constitute minor site plan approval.
d. 
Whenever review or approval of the application by the County Planning Board is required, the Approving Authority shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report therein within the required time period.
e. 
The zoning requirement and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted, shall not be changed for a period two years after the date of minor site plan approval. The Approving Authority shall grant an extension of this period for a period determined by the board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the approvals. A developer shall apply for this extension before: 1. what would otherwise be the expiration date, or (2) the ninety-first day after the date on which the developer receives the last of the legally required approvals from the other governmental entities, whichever occurs later.
[Ord. No. 919 Art. XI, J]
a. 
The applicant shall submit to the Administrative Officer at least 21 days prior to the public meeting of the Approving Authority 15 blue- or black-on-white copies of the preliminary site plan; 15 completed copies of the Standard Development Application form; three completed copies of the preliminary site plan checklist; three copies of any protective covenants, deed restrictions and easements applying to the land being developed; 15 copies of the drainage calculations, utility reports, and soil erosion and sediment control data if required; 15 copies of any required traffic, environmental or other study or report; the applicable fee; and certification by the Tax Collector that all taxes are paid to date. If the applicant is not the owner of record of the land, then all contractual agreements concerning its use shall be submitted.
b. 
If the application is found to be incomplete, the applicant shall be notified in writing within 45 days of submission of such application or it shall be deemed to be properly submitted.
c. 
If the Approving Authority requires any substantial amendment in the layout of improvements proposed by the applicant that have been subject of a hearing, an amended application for site development plan approval shall be submitted and proceeded upon, as in the case of the original application. The Approving Authority shall, if the proposed development complies with this section, grant preliminary site development plan approval.
d. 
Two preliminary plans shall be filed by the applicant with the Middlesex County Planning Board. If the Middlesex County Planning Board fails to act on the site plan application within a thirty-day period, the application shall be deemed to have been approved by the County Planning Board. However, by mutual agreement between the County Planning Board and the Approving Authority, with the approval of the applicant the thirty-day period my be extended for an additional thirty-day period. Should the Middlesex County Planning Board fail to receive an approved extension of time, and the Secretary of the County Planning Board attest on the final plan to the failure of the County Planning Board to report within the required time period. Such attestation shall be sufficient authorization for further Borough action on the application.
e. 
Effect of Preliminary Approval. Preliminary approval of a site development plan shall, except as provided in subsection d of this Section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval.
1. 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements, layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site development plan, any requirements peculiar to the site development plan approval, except that nothing herein shall be construed to prevent the Municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
2. 
That the applicant my submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary site development plan.
3. 
That the applicant may apply for and the Approving Authority may grant extensions of such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised herein, such revised standards may govern.
4. 
In the case of a site development plan for an area of 50 acres or more, the Approving Authority may grant the rights referred to herein for such period of time, longer than three years, as shall be determined by the Approving Authority to be reasonable taking into consideration, (a) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (b) economic conditions, and (c) the comprehensiveness of the development. The applicant may apply for thereafter and the Approving Authority may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Approving Authority to be reasonable taking into consideration: (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, and (2) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, (3) economic conditions and (4) the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.
5. 
Whenever the Approving Authority grants an extension of preliminary approval pursuant to subsection c or d of this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
6. 
The Approving Authority shall grant an extension of preliminary approval for a period determined by the board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before: (a) what would otherwise be the expiration date of preliminary approval, or (b) the day after the ninety-first day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Approving Authority from granting an extension pursuant to paragraphs 3 or 4 above.
[Ord. No. 919 Art. XI, K]
a. 
The applicant shall submit to the Administrative Officer at least 21 days prior to the public meeting of the Approving Authority 15 blue- or black-on-white copies of the final site plan; 15 completed copies of the Standard Development Application form; three completed copies of the final site plan checklist; the applicable fee; and certification by the Tax Collector that all taxes are paid to date. If the applicant is not the owner of record of the land, then all contractual agreements concerning its use shall be submitted.
b. 
If the application is found to be incomplete, the applicant shall be notified in writing within 45 days of submission of such application or it shall be deemed to be properly submitted.
c. 
The Approving Authority shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval established by this section for 1. final approval, 2. the conditions for preliminary approval, and 3. the standards prescribed by the Map Filing Law.
d. 
Final approval shall be granted or denied within 45 days after submission of a complete application to the Administrative Officer, or within such further time as may be consented to by the applicant. Failure of the Approving Authority to act within 45 days shall constitute final approval. Whenever review or approval of the application by the County Planning Board is required, the Approving Authority shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval thereon within the required time period.
e. 
Where the final approval contains conditions, if all conditions are not complied with within 180 days from the date of final approval, or within such additional time as the Approving Authority shall allow, the final approval shall lapse.
f. 
Effect of Final Approval.
1. 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the applicant whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted. If the applicant has followed the standards prescribed for final approval, the Approving Authority may extend such period of protection by extensions of one year provided there not be more than three such extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval for that section of the subdivision that has been granted final approval.
2. 
In the case of a site plan for a planned development of 50 acres or more, site plan for 150 acres or more, or a site plan for development of a nonresidential floor area of 200,000 square feet or more, the Approving Authority may grant the rights referred to herein for such period of time, longer than two years, as shall be determined by the Approving Authority to be reasonable taking into consideration: (a) the number of dwelling units and nonresidential floor area permissible under final approval, (b) economic conditions, and, (c) the comprehensiveness of the development. The applicant may apply for thereafter, and the Approving Authority may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Approving Authority to be reasonable taking into consideration: (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) the number of dwelling units and nonresidential floor area remaining to be developed, (3) economic conditions, and (4) the comprehensiveness of the development.
3. 
Whenever the Approving Authority grants an extension of final approval pursuant to paragraphs 1 or 2 above and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
4. 
The Approving Authority shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before: (a) what would otherwise be the expiration date of final approval, or (b) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to paragraphs 1 or 2 above.
[Ord. No. 919 Art. XI, L]
a. 
Conditions Binding. All conditions of any preliminary and final approval shall be binding upon all present and future owners, tenants, occupants, lessors, lessees, heirs, assignees, developers, contractors and subcontractors.
b. 
Failure to Maintain. All persons receiving development approval for property or their successors in title shall be responsible for installing, maintaining and properly utilizing onsite, off-site and off-tract improvements required by the Board, including, but not limited to, parking arrangements, buffer zones, drainage facilities, exterior lighting plans and other requirements of the Board as reflected on the plans and in the Board minutes. Failure of the property owner to install, maintain and/or utilize improvements as provided by the site plan approval shall constitute a violation of this chapter and shall be subject to the enforcement procedures set forth herein.
[Ord. No. 919 Art. XII, A]
No development application in which a plat is required shall be accepted unless such plat conforms to the following requirements as to form, content and accompanying information and complies with the provisions of N.J.S.A. 46-23.9.9 et seq. (Map Filing Law), as amended. All plats shall be drawn by a land surveyor as required by law, licensed to practice in the State of New Jersey, and shall bear the signature, seal, license number and address of the land surveyor, except that sketch plats of minor subdivisions and minor site plans are exempt from this requirement. All drawings of improvements shall be signed and sealed by a licensed professional engineer of the State of New Jersey.
[Ord. No. 919 Art. XII, B]
In order to be deemed complete by the Administrative Officer, the sketch plat shall be based on tax map information or some similarly accurate base at a scale not less than 50 feet to one inch, to enable the entire tract to be shown on one sheet and shall show or include the following information:
a. 
A key map at a scale of one inch equals 500 feet showing the location of the tract to be subdivided and its relationship to surrounding areas within 1,000 feet of its boundaries. Zoning boundaries and the intersection of at least two public streets together with the names of such streets shall also be shown.
b. 
A title box containing the title of the map, the name of the development, if applicable, the tax map sheet, block and lot numbers, the name, address, license number, signatures and embossed seal of the engineer who prepared the engineering details, if any, the date of original plan preparation, and a box for recording revision dates, all to appear in the lower right-hand corner of the plat.
c. 
A survey prepared by a surveyor licensed in the State of New Jersey, or certification of a licensed land surveyor as to boundaries and topographic conditions. Such certification shall include name, address, license number, signature and seal.
d. 
Notes adjacent to the title box shall include the name and address of the owner of the tract being subdivided and of the subdivider, if different from the owner. The current zoning and a schedule showing compliance with zoning district bulk requirements shall also be shown.
e. 
Names of all adjacent landowners and owners of property directly across any official street, as disclosed by current tax records. Block and lot numbers shall also be provided.
f. 
North point and graphic scale.
g. 
The location of the tract to be subdivided in relation to any larger tract of which it is a part.
h. 
The layout of the proposed subdivision indicating all lot lines and the dimensions thereof in feet and tenths, as well as the acreage of each proposed lot and minimum setback lines.
i. 
The location, size, type and specifics of all existing and proposed utilities and storm drainage facilities necessary to service the site.
j. 
The location, size and use of all existing structures, wooded areas, watercourses and drainage facilities on the site and within 200 feet of the property in question, as well as the location of all easements, rights-of-way, existing fences, walls, culverts, bridges, roadways, curbs, sidewalks and driveways on the tract. All trees with a caliper of six inches or more as measured three feet above the ground shall also be shown, as shall floodway and flood hazard boundaries, when applicable.
k. 
A copy of any covenants, deed restrictions or exceptions that are intended to cover all or part of the tract.
l. 
Certification that the applicant is the agent or owner of the land, or that the owner has given consent under an option agreement, or that the applicant is a contract purchaser or leasee. If the applicant is not the owner of record of the land, then all contractual agreements concerning its use shall be submitted.
m. 
Certificate from the Tax Collector that no taxes or assessments for local improvements are due or delinquent.
n. 
Signature block for signatures of the Chairman and Secretary of the Board.
o. 
The subdivision plan shall indicate the following improvements: necessary water and sewer services, curb, sidewalk, site grading, paved driveway, concrete driveway apron, improved roadway pavement or pavement repairs along frontage of all adjoining streets, and all other improvements required for the development of the proposed subdivision.
p. 
Soil erosion and sediment control plan, if applicable.
q. 
Trees proposed to be saved must be located and tree save details provided. Limit of disturbance line must be shown.
r. 
The location and dimensions of surface or subsurface structures proposed for demolition must be provided.
s. 
Such other information as may be required by the Board in order to make an informed decision.
[Ord. No. 919 Art. XII, C]
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Preliminary plats shall be designed and drawn by a person duly licensed for such purpose by the State of New Jersey. The plat shall be designed in compliance with the provisions of this chapter and shall show or be accompanied by the following information in order to be deemed complete by the Administrative Officer.
a. 
All items required for sketch plat.
b. 
The name of the owner and of all adjoining property owners as disclosed by the most recent municipal tax records, within 200 feet of the perimeter of the entire tract.
c. 
Elevations to be based upon U.S. Coast and Geodetic Survey showing existing contours with interval of one foot where slopes are 10% less, two feet where slopes are more than 10% but less than 20%, and five feet where slopes are 20% or more. Where changes in grade are proposed, finished grades shall be indicated. Topographic data shall be provided for the entire site as well as a 100-foot overlap into adjacent properties as deemed necessary to determine the existing drainage and grading patterns.
d. 
Existing spot elevations on structures, pavements, walks, or other physical features with sufficient detail to determine existing conditions.
e. 
Proposed elevations of the site shall be indicated by spot elevations at all corners of all buildings and lot corners and at changes in grade, and by curb elevations at lot corners. Finished first floor and garage floor elevations shall also be shown for all buildings. Designed proposed grading contours shall be provided.
f. 
A drainage plan based on U.S.G.S. Quadrangle Map with the drainage area delineated, contributary areas given in acres, the anticipated existing and proposed runoff based on a twenty-five-year storm, and the upstream drainage area being fully developed. The size, location and capacity of existing downstream drainage facilities shall be shown.
g. 
A design report for the water, sewer and drainage facilities, and plans of proposed water, sewer (gas and electricity, if ordered) and storm sewers designed in accordance with Borough standards, showing all adjacent existing and proposed facilities, connections, proposed method of connections, pipe sizes, types and slopes, structures, hydrants, fittings, individual service connections and other facilities as necessary for satisfactory operation. Plans, profiles and details are required for all water, sewer and drainage facilities.
h. 
Plans of all roadways, including improvements in accordance with Borough requirements for pavement width, thickness, centerline radius, grade, transitions, curbs, sidewalks, driveway aprons and other applicable requirements.
i. 
Plans and profiles of all existing and proposed roadways, pipelines, manholes, structures and proposed facilities showing all existing and proposed pavement elevations, inverts, rim elevations, grate elevations and the clearances of all crossing utilities.
j. 
A soil erosion and sediment control plan indicating the proposed methods of preventing erosion, and situation of property in question as well as downstream properties or watercourses.
k. 
A landscaping plan which shall locate, detail, quantify and indicate the proposed vegetation and landscaping of the site and the scheduling of placement of same.
l. 
Environmental Impact Statement.
m. 
Traffic Impact Analysis.
[Ord. No. 919 Art. XII, D]
The final plat shall be drawn in ink on mylar or cloth at scale of not less than one inch equals 100 feet and in compliance with all provisions of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.). The following shall be shown on the final plat in order to be deemed complete by the Administrative Officer:
a. 
A key map showing the entire subdivision and its relationship to surrounding areas and existing street intersections.
b. 
A title box containing the title of the map, the name of the development if applicable, the tax map sheet, block and lot numbers, and the names and addresses of the owner and of the subdivider, if different from the owner.
c. 
Certification by a surveyor authorized to practice in the State of New Jersey as to the accuracy of the details of the plat, and certification of engineering details by an engineer licensed in New Jersey.
d. 
Tract boundary lines, indicating the bearings of all lot lines and dimensions thereof, as well as the acreage of each lot and minimum building setback lines.
e. 
The location and description of all proposed or existing monuments in accordance with the Map Filing Act.
f. 
Right-of-way lines of all existing and proposed streets, easements and other rights-of-way, all with accurate dimensions and bearings and minimum widths as required by Borough standards.
g. 
The names of all streets and the purposes of easements and rights-of-way and of all land reserved for or dedicated to public use.
h. 
North point and graphic scale.
i. 
Acreage of the tract being subdivided and the proposed use of all nonresidential lots.
j. 
Final construction plans providing all information required for preliminary plat. However, the plans shall be based on final elevations and final lot dimensions. The requirement for final construction plans may be waived by the Board if it can be determined that the preliminary plat was prepared to an accuracy and detail acceptable to the Borough Engineer.
k. 
Copies of all approval for sanitary sewer extension permits, stream encroachment permits, soil erosion and sediment control permits, Middlesex County Planning Board approval, and all other applicable approvals required for construction of the project from all other agencies with jurisdiction.
l. 
Certification that the applicant is the agent of or owner of the land, or that owner has given consent under an option agreement, or that the applicant is a contract purchaser or leasee. If the applicant is not the owner of record of the land, then all contractual agreements concerning its use shall be submitted.
m. 
A copy of any covenants, deed restrictions or exceptions that are intended to cover all or any part of the tract.
n. 
Certificate from the tax collector that no taxes or assessments for local improvements are due or delinquent.
o. 
The titles and dates of all filed maps for lands abutting the tract.
p. 
The final plat shall contain the following statements, certifications and endorsements:
1. 
Signature of applicant's surveyor certifying compliance with Map Filing Law.
2. 
Signature of owner consenting to the filing of the plat at the Middlesex County Clerk's Office.
3. 
Signature of Borough Clerk certifying that the required cash and bonds guaranteeing the setting of monuments has been posted.
4. 
Signature of the Borough Engineer certifying compliance with the Map Filing Law and applicable Borough requirements.
5. 
Signatures of the Chairman and Secretary of the Board certifying the approval of the final plat.
6. 
Signature of Borough Clerk certifying compliance with the Map Filing Law and consenting to filing of the plat in the Middlesex County Clerk's Office.
q. 
A performance guarantee in favor of the Borough, and inspection fees if improvements have not already been constructed, approved as to size by the Borough Engineer and approved as to form by the Board Attorney.
r. 
Such other information as may be required by the Board in order to make an informed decision.
[Ord. No. 919 Art. XII, E]
The minor site plan shall be clearly and legibly drawn or reproduced at a scale of no more than 50 feet to one inch. For topographical and boundary survey information, the site plan shall be signed and sealed by a licensed land surveyor. For all elements of design, including drainage, pavements, curbing, embankments, horizontal and vertical geometries, utilities, and all pertinent structures, drawings shall be signed and sealed by a licensed professional engineer. The plan shall show or be accompanied by the following in order to be deemed complete by the Administrative Officer:
a. 
A key map at a scale of one inch equals 500 feet showing the location of the tract and its relationship to surrounding areas within 1,000 feet of its boundaries. Zoning boundaries and the intersection of at least two public streets together with the names of such streets shall also be shown.
b. 
A title box containing the title of the map, the tax map sheet, block and lot numbers, the name, address, license number, signature and embossed seal of the engineer who prepared the engineering details, the date of original plat preparation and a box to record revision dates, all to appear in the lower right-hand corner of the site plan.
c. 
A survey prepared by a surveyor licensed in the State of New Jersey, or certification of a licensed land surveyor as to boundaries and topographic conditions. Such certification shall include name, address, license number, signature and seal.
d. 
Notes adjacent to the title box shall include the name and address of the owner and of the applicant, if different from the owner. The current zoning and a schedule showing compliance with the zoning district bulk requirements shall also be shown.
e. 
Names of all landowners within 200 feet as disclosed by current tax records. Block and lot numbers shall also be provided.
f. 
North point and graphic scale.
g. 
The location, size, type and specifics of all existing and proposed utilities and storm drainage facilities necessary to service the site.
h. 
The location, size and use of all existing structures, wooded areas, watercourses and drainage facilities on the site and within 200 feet of the property in question, as well as the location of all easements, rights-of-way, existing fences, wells, culverts, bridges, roadways, curbs, sidewalks and driveways on the tract. All trees with caliper of six inches or more as measured three feet above the ground shall also be shown, as shall floodway and flood hazard boundaries and setback lines. Structures to be removed shall be so indicated.
i. 
Elevations based upon U.S. Coast and Geodetic Survey datum showing existing contours with interval of one foot where slopes are 10% or less, two feet where slopes are more than 10% but less than 20% and five feet where slopes are 20% or more. Where changes in grade are proposed, finished grades shall be indicated. Topographic data shall be provided for the entire site as well as suitable overlap onto adjacent properties as deemed necessary to determine the existing drainage and grading patterns.
j. 
Existing spot elevations on structures, pavements, walks or physical features with sufficient detail to determine the existing conditions.
k. 
The proposed use(s) of land and buildings and proposed location of structures, including finished floor elevations and elevations of outside corners. Elevations should also be shown for loading docks, ramps and other points where necessary to determine proper construction of same.
l. 
All proposed means of vehicular access for ingress and egress to and from the site onto public streets, showing the size and location of driveways and curb cuts, acceleration and deceleration lanes, and any other device necessary to prevent a difficult traffic situation.
m. 
All walkways and rights-of-way for pedestrian traffic.
n. 
The location and design of any off-street parking or loading areas, showing the size and location of bays, aisles and barriers.
o. 
The location of all existing and proposed storm drainage structures, indicating pipe, swale or ditch sizes, inverts, capacities, grades and direction of flow. In addition to design information, the plan shall include a stormwater analysis report prepared by the applicant's licensed engineer, detailing the methodologies used for calculation of runoff from all areas contributing to stormwater drainage.
p. 
The location of all proposed water lines, valves, hydrants and service connections, and of all sewer lines.
q. 
Cross sections, centerline profiles and tentative grades of all proposed streets, and plans and profiles of all proposed utility layouts, showing feasible connections to any existing or proposed systems.
r. 
Architectural details showing proposed building elevations, floor plans, type of construction materials. All roof-mounted appurtenances must be screened from view.
s. 
Location of all existing and proposed signs including dimensions, area and illumination.
t. 
The proposed location, direction of illumination, power and time of proposed outdoor lighting.
u. 
Proposed screening and landscaping, including a planting plan which identifies type, size and quantity of planting.
v. 
The location and size of refuse areas and means of screening same.
w. 
A copy of any covenants, deed restrictions or exceptions that are intended to cover all or part of the tract.
x. 
Certificate from the tax collector that no taxes or assessments for local improvements are due or delinquent.
y. 
All proposed soil erosion and sediment control measures.
z. 
Environmental Impact Statement.
aa. 
Signature block for signatures of the Chairman and Secretary of the Board.
bb. 
The site plan shall indicate the following improvements: necessary water and sewer services, curb, sidewalk, site grading, paved driveway, concrete driveway apron, improved roadway pavement or pavement repairs along frontage of all adjoining streets, and all other improvements required for the development of the site.
cc. 
Such other information or data as may be required by the Board in order to determine that the details of the site plan are in accordance with the standards of this chapter and all other ordinances of the Borough, and further, that the building or use will not offend the public interest.
dd. 
Trees proposed to be saved must be located and tree save details provided. Limit of disturbance line must be shown.
ee. 
The location and dimensions of surface or subsurface structures proposed for demolition must be provided.
ff. 
List of stockholders holding at least 10% of stock must be provided.
[Ord. No. 919 Art. XII, F]
All items required for a minor site plan and as follows:
a. 
A staging plan for all development projects of 10 acres or larger.
b. 
Traffic impact study addressing existing peak hours, road capacity, gap analysis and proposed improvements both on- and off-site, adequacy of parking supply, loading spaces, and such other data as my be deemed necessary by the Board.
c. 
Environmental Impact Statement.
[Ord. No. 919 Art. XII, G]
The final site plan shall be drawn at a scale of no more than 50 feet to the inch and shall be prepared by a surveyor and an engineer licensed in the State of New Jersey. The final plat shall show or be accompanied by the following information in order to be deemed complete:
a. 
All items required for a preliminary major site plan except that the information shown on the plans shall be in final form.
b. 
A statement by the Borough Engineer that he is in receipt of a map showing all utilities or extensions thereof in exact location and elevation, identifying those portions already installed and those to be installed.
c. 
One of the following:
1. 
A statement from the Borough Engineer that the applicant has installed all improvements in accordance with the requirements of these regulations and the conditions of preliminary approval; or,
2. 
A statement from the Borough Engineer that a performance guarantee sized in sufficient amount to assure the completion of all required improvements has been posted in favor of the Borough.
[Ord. No. 919 Art. XII, H]
The variance sketch shall be based on tax map information or some similarly accurate base at a scale preferable not less than 100 feet to one inch or greater than eight feet to one inch, to enable the entire tract to be shown on one sheet and shall show or include the following information in order to be deemed complete by the Administrative Officer:
a. 
A key map must show all adjacent properties and property lines within 200 feet on all sides of the application lot.
b. 
North point, block numbers, lot numbers, date prepared.
c. 
Name and address of property owner.
d. 
Name and address of applicant.
e. 
Name and address of person preparing plan.
f. 
All lot lines and dimensions.
g. 
All existing and proposed structures and all dimensions.
h. 
Zoning setback lines.
i. 
All adjoining lands owned by the owner and/or applicant.
j. 
Location of existing water mains and proposed water connections.
k. 
Location and width of all curb cuts and driveways.
l. 
Location, dimensions and street access for off-street parking spaces.
m. 
Locations and size of proposed landscaping.
n. 
Location of existing sanitary sewer lines and proposed sanitary sewer connections.
o. 
All existing and proposed curbs and sidewalks.
p. 
Show building off-set dimension from each property line to nearest adjoining structure on each side yard.
q. 
Such other information as may be required by the Board in order to make an informed decision.
[Ord. No. 919 Art. XIII, A]
Prior to recording of final subdivision plats or as a condition of final site plan approval, the Board may, for the purpose of assuring the installation and maintenance of on-tract improvements, require the following:
a. 
The furnishing of a performance guarantee in favor of the municipality in an amount not to exceed 120% of the cost of installation of the improvements as estimated by the Municipal Engineer, and as the Approving Authority my deem necessary or appropriate, including but not limited to: streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, other on-site improvements and landscaping. The municipal engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obliger. Of such performance guarantee a maximum of 10% may be in the form of cash or certified check made payable to the municipality, and the reminder shall be in the form of a corporation surety performance bond issued by an authorized New Jersey corporation. The Municipal Attorney shall approve the performance bond as to form, sufficiency and execution. The Municipal Engineer shall approve the performance guarantee as to size and scope.
b. 
Provision for a maintenance guarantee to be posted with the Governing Body for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement, which cost shall be determined by the Municipal Engineer. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the municipality for such utilities or improvements.
c. 
The time allowed for installation of the improvement for which the performance guarantee has been provided may be extended by the Governing Body by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation, which cost shall be determined by the municipal engineer as of the time of the passage of the resolution.
d. 
If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected and the municipality my either prior to or after the receipt of the proceeds thereof complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the "Local Public Contracts Law."
e. 
Upon substantial completion of all required street improvements and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the Governing Body in writing, by certified mail addressed in care of the Municipal Clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to paragraph a above, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the Municipal Engineer. The request shall indicate which improvements have been completed and such improvements remain uncompleted in the judgment of the obligor. Thereupon the Municipal Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Governing Body, and shall simultaneously send a copy thereof to the obligor not later 45 days after receipt of the obligor's request.
f. 
The list prepared by the Municipal Engineer shall state in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Municipal Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to paragraph b above.
g. 
The Governing Body by resolution, shall either approve the improvements determined to be complete and satisfactory by the Municipal Engineer, or reject any or all of these improvements upon the establishment in a resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to paragraph b above. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Municipal Engineer. Upon adoption of the resolution by the Governing Body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements.
h. 
If the Municipal Engineer fails to send or provide the list and report requested by the obligor pursuant to paragraph e above within 45 days from receipt of the request, the obligor may apply to the court in summary manner for an order compelling the Municipal Engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
If the Governing Body fails to approve or reject the improvements determined by the Municipal Engineer to complete and satisfy or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Municipal Engineer's list and report, the obligor my apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to paragraph b above, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
i. 
In the event that the obligor has made a cash deposit with the municipality or Approving Authority as part of the performance guarantee, then any partial reduction granted in the performance guarantee pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee.
j. 
If any portion of the required improvements is rejected, the Approving Authority may require the obligor to complete or correct such improvements and, upon completion or correction the same procedure of notification, as set forth in this section shall be followed.
k. 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Governing Body or the Municipal Engineer.
l. 
The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements; provided that the municipality may require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined by the Municipal Engineer.
m. 
In the event that final approval is by stages or sections of development, the provisions of this section shall be applied by stages or sections.
n. 
The municipality shall make all of the payments to professionals for services rendered to the municipality for review of applications for development review and preparation of documents, inspection of improvements or other purposes. If the municipality requires of the developer a deposit toward the anticipated municipal expenses for these professional services, the deposit shall be placed in an escrow account pursuant to N.J.S.A. 40:55D-53.1. The amount of the deposit required shall be reasonable in regard to the scale and complexity of the development. All payments charged to the deposit shall be pursuant to vouchers from the professionals stating the hours spent, the hourly rate, and the expenses incurred. The municipality shall render a written final accounting to the developer on the uses to which the deposit was put. Thereafter the municipality, shall upon written request, provide copies of the vouchers to the developer. If the salary, staff support and overhead for a professional are provided by the municipality, the charge to the deposit shall not exceed 200% of the sum of the products resulting from multiplying: 1. the hourly base salary of each of the professionals by 2. the number of hours spent by the respective professional on review of the application for development or the developer's improvements, as the case may be. For other professionals the charge to the deposit shall be at the same rate as all other work of the same nature by the professional for the municipality.
o. 
A municipality shall not require that a maintenance guarantee required pursuant to N.J.S.A. 40:55D-53 be in cash or that more than 10% of a performance guarantee pursuant to that section be in cash. A developer may, however, provide at his option some or all of a maintenance guarantee in cash, or more than 10% of performance guarantee in cash.
[Ord. No. 13-1385; amended 10-15-2019 by Ord. No. 19-1479]
a. 
Title. This section shall be known as the Affordable Housing Ordinance of the Borough of Milltown.
b. 
Intent and Purpose. The intent and purpose of this section are as follows:
1. 
To address Milltown's constitutional obligation by providing for its fair share of low-income and moderate-income housing, as directed by the Superior Court and consistent with the Uniform Housing Affordability Controls ("UHAC"), N.J.A.C. 5:80-26.1 et seq., as may be amended and supplemented, and pursuant to the New Jersey Fair Housing Act of 1985, including the requirements for very-low-income housing established in P.L. 2008, c. 46 ("the Roberts Bill") and the now-expired Second Round Rules, previously set forth at N.J.A.C. 5:91 and N.J.A.C. 5:93 ("Second Round Rules"). This section is intended to provide assurances that very-low-, low-income and moderate-income units ("affordable units") are created with controls on affordability over time and that low-income and moderate -income households shall occupy these units.
a. 
The Milltown Borough Planning Board has adopted a Housing Element and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1 et seq.
b. 
The Fair Share Plan has been endorsed by the governing body.
c. 
The Fair Share Plan describes the methods by which Milltown shall address its fair share for low-income and moderate-income housing as determined by the Superior Court and documented in the Housing Element.
d. 
This section implements and incorporates the Fair Share Plan and addresses the requirements of the Second Round Rules.
e. 
Monitoring Reports.
1. 
The Borough of Milltown shall file monitoring reports with the Superior Court and place the reports on its municipal website. Any plan evaluation report of the Housing Element and Fair Share Plan and monitoring prepared by the Special Master in accordance with N.J.A.C. 5:91 shall be available to the public at the Milltown Borough Hall, Borough Clerk's Office, 39 Washington Avenue, Milltown, New Jersey, 07643.
The following terms when used in this section shall have the meanings:
ACT
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J. S. A. 52:27D-301 et seq.)
ADAPTABLE
Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
ADMINISTRATIVE AGENT
The entity responsible for the administration of affordable units in accordance with this section, UHAC (N.J.A.C. 5:80-26.1 et seq.), and the Second Round Rules.
AFFIRMATIVE MARKETING
A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
AFFORDABILITY AVERAGE
The average percentage of median income at which new restricted units in an affordable housing development arc affordable to low- and moderate-income households.
AFFORDABLE
A sales price or rent within the means of a low- or moderate-income household as defined herein and, in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.
AFFORDABLE DEVELOPMENT
A housing development all or a portion of which consists of restricted units.
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100-percent affordable development.
AFFORDABLE HOUSING PROGRAM(S)
Any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.
AFFORDABLE UNIT
A housing unit proposed or created pursuant to the Act, credited pursuant to N.J.A.C. 5:93, and/or funded through an affordable housing trust fund.
AGENCY
the New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
AGE-RESTRICTED UNIT
A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that: 1) all the residents of the development where the unit is situated are 62 years or older; or 2) at least 80% of the units are occupied by one person that is 55 years or older; or 3) the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
ALTERNATIVE LIVING ARRANGEMENT
A structure in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central heat and common areas. Alternate living arrangements includes, but is not limited to, transitional facilities for the homeless, Class A, 3, C, D, and E boarding homes, as regulated by the New Jersey Department of Community Affairs; residential health care facilities as regulated by the New Jersey Department of Health; group homes for the developmentally disabled and mentally ill as licensed and/or regulated by the New Jersey Department of Human Services; and congregate living arrangements.
ASSISTED LIVING RESIDENCE
A facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
CERTIFIED HOUSEHOLD
A household that has been certified by an administrative agent as a low-income household or moderate-income household.
COAH
The Council on Affordable Housing, which is in, but not of, the Department of Community Affairs of the State of New Jersey, that was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
DCA
The State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT
A housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load-bearing structural systems.
DEVELOPER
Any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development including the holder of an option to contract or purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.
INCLUSIONARY DEVELOPMENT
A development containing both affordable units and market rate units. This term includes, but is not necessarily limited to, new construction, the conversion of a nonresidential structure to residential use, and the creation of new affordable units through the reconstruction of a vacant residential structure.
LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal to 50% or less of the median household income.
LOW-INCOME UNIT
A restricted unit that is affordable to a low-income household.
MAJOR SYSTEM
The primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include, but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load-bearing structural systems.
MARKET-RATE UNITS
Housing not restricted to low- and moderate-income households that may sell or rent at any price.
MEDIAN INCOME
The median income by household size for the applicable housing region, as adopted annually by COAH, or another agency of the State of New Jersey, or approved by the New Jersey Superior Court.
MODERATE-INCOME HOUSEHOLD
A household with a total gross annual household income in excess of 50% but less than 80% of the median household income.
MODERATE-INCOME UNIT
A restricted unit that is affordable to a moderate-income household.
NON-EXEMPT SALE
Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a Class A beneficiary and the transfer of ownership by court order.
RANDOM SELECTION PROCESS
A process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e. g., by lottery).
REGIONAL ASSET LIMIT
The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as defined by adopted/approved regional income limits.
REHABILITATION
The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
RENT
The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.
RESTRICTED UNIT
A dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as may be amended and supplemented, but does not include a market-rate unit financed under the New Jersey Housing Mortgage Finance Agency's Urban Home Ownership Recovery Program (UHORP) or the Market Oriented Neighborhood Investment Program (MONI).
SPECIAL MASTER
An expert appointed by a judge to make sure that judicial orders are followed. A master's function is essentially investigative, compiling evidence or documents to inform some future action by the court.
UHAC
The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.
VERY-LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal to 30% or less of the median household income.
VERY-LOW-INCOME UNIT
A restricted unit that is affordable to a very-low-income household.
WEATHERIZATION
Building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for rehabilitation.
Milltown has determined that the following programs will be used to satisfy its affordable housing obligations:
a. 
A rehabilitation program pursuant to § 34-18.5.
b. 
New construction pursuant to § 34-18.7.
c. 
A multifamily or single-family attached development providing a minimum of five new housing units created through any future municipal rezoning or Zoning Board action, use or density variance, redevelopment plan, or rehabilitation plan that provide for densities at or above six units per acre is required to include an affordable housing set-aside of 20% if the affordable units will be for sale and 15% if the affordable units will be for rent. This requirement does not give any developer the right to any such rezoning, variance or other relief, or establish any obligation on the part of Milltown to grant such rezoning, variance or other relief. No subdivision shall be permitted or approved for the purpose of avoiding compliance with this requirement.
The following general guidelines apply to all developments that contain low-income and moderate-income housing units, including any currently unanticipated future developments that will provide low-income and moderate-income housing units.
a. 
Milltown's rehabilitation program shall be designed to renovate deficient housing units occupied by low-income and moderate-income households such that, after rehabilitation, these units will comply with the New Jersey State Housing Code pursuant to N.J.A.C. 5:28. The rehabilitation program shall include an owner occupancy rehabilitation program and a renter occupancy rehabilitation program.
b. 
Milltown shall designate an administrative agent for its rehabilitation program by resolution on an annual basis.
c. 
Both owner-occupied and renter-occupied units shall be eligible for rehabilitation funds.
d. 
All rehabilitated units shall remain affordable to low-income and moderate-income households for a period of 10 years (the control period). For owner-occupied units, the control period shall be enforced with a lien, and, for renter-occupied units, the control period shall be enforced with a deed restriction.
e. 
Milltown shall make available up to $20,000 per unit toward the hard costs of rehabilitation. In addition, the administrative costs associated with the rehabilitation program shall be determined on an annual basis with the administrative agent for the rehabilitation program.
f. 
The Borough of Milltown shall adopt a resolution committing to fund any shortfall in the rehabilitation program.
g. 
The administrative agent shall provide a rehabilitation manual for the owner-occupied units and a rehabilitation manual for the rental units that shall be adopted by resolution of the governing body. Both manuals shall be continuously available for public inspection in the Office of the Borough Clerk and in the office of the administrative agent.
h. 
Units in a rehabilitation program shall be exempt from UHAC, but shall be administered in accordance with the following:
1. 
Upon the initial rental of a vacant unit subsequent to rehabilitation, or if a renter-occupied unit is re-rented prior to the end of controls on affordability, the deed restriction shall require the unit to be rented to a low-income or moderate-income household at an affordable rent and to be affirmatively marketed pursuant to UHAC.
2. 
If a unit is renter-occupied, upon completion of the rehabilitation, the maximum rent shall be the lesser of the current rent or the maximum permitted rent pursuant to UHAC.
3. 
Rents in rehabilitated units may increase annually based on the standards in UHAC.
4. 
Applicant and/or tenant households shall be certified as income eligible in accordance with UHAC regulations, except that households in owner-occupied units shall be exempt from the regional asset limit.
In inclusionary developments or redevelopments, the phasing schedule shall be as provided in COAH regulations, as may be amended.
a. 
Low/Moderate Split and Bedroom Distribution of Affordable Housing Units.
1. 
The fair share obligation shall be divided equally between low-income and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low income unit. At least 10% of all restricted rental units shall be very low income units (affordable to a household earning 30% or less of median income). The very low income units shall be counted as part of the required number of low income units within the development.
2. 
In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be low-income units.
3. 
Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:
(a) 
The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low-income and moderate-income units;
(b) 
At least 30% of all low-income and moderate-income units shall be two bedroom units;
(c) 
At least 20% of all low-income and moderate-income units shall be three bedroom units; and
(d) 
The remaining units may be allocated among two and three bedroom units at the discretion of the developer.
4. 
Affordable developments that are age-restricted shall be structured such that the number of bedrooms shall equal the number of age-restricted low-income and moderate-income units within the inclusionary development. This standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit.
b. 
Accessibility Requirements.
1. 
The first floor of all restricted townhouse dwelling units and all restricted units in all other multistory buildings shall be subject to the technical design standards of the Barrier Free SubCode, N.J.A.C. 5:23-7 and N.J.A.C. 5:97-3.14.
2. 
All restricted townhouse dwelling units and all restricted units in other multistory buildings in which a restricted dwelling unit is attached to at least one other dwelling unit shall have the following features:
(a) 
An adaptable toilet and bathing facility on the first floor;
(b) 
An adaptable kitchen on the first floor;
(c) 
An interior accessible route of travel on the first floor;
(d) 
An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door, on the first floor;
(e) 
An interior accessible route of travel between stories within an individual unit, except that if all of the terms of subsection 34-18.8b,2(a) through 34-18.8b,2(d) above have been satisfied, an interior accessible route of travel shall not be required between stories within an individual unit; and
(f) 
An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a, et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7 and N.J.A.C. 5:97-3.14, or evidence that Milltown has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:
(1) 
Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.
(2) 
To this end, the builder of restricted units shall deposit funds within the Borough of Milltown's Affordable Housing Trust Fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.
(3) 
The funds deposited under paragraph subsection 34-18.8b,2(f)(2) above shall be used by the Borough of Milltown for the sole purpose of making the adaptable entrance of an affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
(4) 
The developer of the restricted units shall submit a design plan and cost estimate for the conversion of adaptable to accessible entrances to the Construction Official of the Borough of Milltown.
(5) 
Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meet the requirements of the Barrier Free SubCode, N.J.A.C. 5:23-7 and N.J.A.C. 5:97-3.14, and that the cost estimate of such conversion is reasonable, payment shall be made to the Borough's Affordable Housing Trust Fund in care of the Borough Treasurer who shall ensure that the funds are deposited into the Affordable Housing Trust Fund and appropriately earmarked.
(6) 
Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is "site impracticable" to meet the requirements. Determinations of site impracticability shall be in compliance with the Barrier Free SubCode, N.J.A.C. 5:23-7 and N.J.A.C. 5:97-3.14.
c. 
Design.
1. 
In inclusionary developments, to the extent possible, low-income and moderate-income units shall be integrated with the market units.
2. 
In inclusionary developments, low-income and moderate-income units shall have access to all of the same common elements and facilities as the market units.
d. 
Maximum Rents and Sales Prices.
1. 
In establishing rents and sales prices of affordable housing units, the Administrative Agent shall follow the procedures set forth in UHAC, utilizing the regional income limits established by COAH.
2. 
The maximum rent for restricted rental units within each affordable development shall be affordable to households earning no more than 60% of median income, and the average rent for restricted rental units shall be affordable to households earning no more than 52% of median income.
3. 
The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both low-income and moderate-income units, provided that at least 10% of all low-income and moderate-income rental units shall be affordable to very low-income households.
4. 
The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70% of median income, and each affordable development must achieve an affordability average of 55% for restricted ownership units; in achieving this affordability average, moderate-income ownership units must be available for at least three different sales prices for each bedroom type, and low-income ownership units must be available for at least two different sales prices for each bedroom type.
5. 
In determining the initial sales prices and rent levels for compliance with the affordability average requirements for restricted units other than assisted living facilities and age-restricted developments, the following standards shall be used:
(a) 
A studio shall be affordable to a one-person household;
(b) 
A one-bedroom unit shall be affordable to a one-and-one-half-person household;
(c) 
A two-bedroom unit shall be affordable to a three-person household;
(d) 
A three-bedroom unit shall be affordable to a four-and-one-half-person household; and
(e) 
A four-bedroom unit shall be affordable to a six-person household.
6. 
In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units in assisted living facilities, the following standards shall be used:
(a) 
A studio shall be affordable to a one-person household;
(b) 
A one-bedroom unit shall be affordable to a one-and-one-half-person household; and
(c) 
A two-bedroom unit shall be affordable to a two-person household or to two one-person households.
7. 
The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve 11.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 28% of the eligible monthly income of the appropriate size household as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
8. 
The initial rent for a restricted rental unit shall be calculated so as not to exceed 30% of the eligible monthly income of the appropriate household size as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
9. 
The price of owner-occupied low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the administrative agent be lower than the last recorded purchase price.
10. 
The rent of low- and moderate-income units may be increased annually based on the percentage increase in the Housing Consumer Price Index for the United States. This increase shall not exceed 9% in any one year. Rents for units constructed pursuant to low-income housing tax credit regulations shall be indexed pursuant to the regulations governing low-income housing tax credits.
a. 
Affordable units shall utilize the same type of heating source as market units within an inclusionary development.
b. 
Tenant-paid utilities included in the utility allowance shall be set forth in the lease and shall be consistent with the utility allowance approved by DCA for its Section 8 program.
In referring certified households to specific restricted units, the administrative agent shall, to the extent feasible, and without causing an undue delay in occupying the unit, strive to:
a. 
Provide an occupant for each bedroom;
b. 
Provide children of different sex with separate bedrooms;
c. 
Provide separate bedrooms for parents and children; and
d. 
Prevent more than two persons from occupying a single bedroom.
a. 
Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each restricted ownership unit shall remain subject to the requirements of this section for a period of at least 30 years, until Milltown takes action to release the unit from such requirements; prior to such action, a restricted ownership unit must retrain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented.
b. 
The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.
c. 
Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each successive sale during the period of restricted ownership, the administrative agent shall determine the restricted price for the unit and shall also determine the nonrestricted, fair market value of the unit based on either an appraisal or the unit's equalized assessed value without the restrictions in place.
d. 
At the time of the initial sale of the unit, the initial purchaser shall execute and deliver to the administrative agent a recapture note obligating the purchaser (as well as the purchaser's heirs, successors and assigns) to repay, upon the first non-exempt sale after the unit's release from the restrictions set forth in this section, an amount equal to the difference between the unit's nonrestricted fair market value and its restricted price, and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit.
e. 
The affordability controls set forth in this section shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units.
f. 
A restricted ownership unit shall be required to obtain a continuing certificate of occupancy or a certified statement from the Construction Official stating that the unit meets all code standards upon the first transfer of title following the removal of the restrictions provided under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:
a. 
The initial purchase price for a restricted ownership unit shall be approved by the administrative agent.
b. 
The administrative agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.
c. 
The master deeds of inclusionary developments shall provide no distinction between the condominium or homeowner association fees and special assessments paid by low-income and moderate-income purchasers and those paid by market purchasers.
d. 
The owners of restricted ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom. See § 34-18.14, Capital Improvements to Ownership Units.
a. 
Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, such that very-low-income and low-income ownership units shall be reserved for households with a gross household income less than or equal to 50% of median income and moderate-income ownership units shall be reserved for households with a gross household income less than 80% of median income.
b. 
A certified household that purchases a restricted ownership unit must occupy it as the certified household's principal residence and shall not lease the unit; provided, however, that the administrative agent may permit the owner of a restricted ownership unit, upon application and a showing of hardship, to lease the restricted unit to a certified household for a period not to exceed one year.
c. 
The administrative agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 33% of the household's certified monthly income.
a. 
Prior to incurring any indebtedness to be secured by a restricted ownership unit, the owner shall apply to the administrative agent for a determination in writing that the proposed indebtedness complies with the provisions of this section, and the administrative agent shall issue such determination prior to the owner incurring such indebtedness.
b. 
With the exception of first purchase money mortgages, neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of the unit, as such price is determined by the administrative agent in accordance with N.J.A.C. 5:80-26.6(b).
a. 
The owners of restricted ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of capital improvements made since the purchase of the unit. Eligible capital improvements shall be those that render the unit suitable for a larger household or that add an additional bathroom. In no event shall the maximum sales price of an improved housing unit exceed the limits of affordability for the larger household.
b. 
Upon the resale of a restricted ownership unit, all items of property that are permanently affixed to the unit or were included when the unit was initially restricted (for example, refrigerator, range, washer, dryer, dishwasher, wall-to-wall carpeting) shall be included in the maximum allowable resale price. Other items may be sold to the purchaser at a reasonable price that has been approved by the purchase of central air conditioning installed subsequent to the initial sale of the unit and not included in the base price may be made a condition of the unit resale provided the price, which shall be subject to ten-year, straight-line depreciation, has been approved by the administrative agent. Unless otherwise approved by the administrative agent, the purchase of any property other than central air conditioning shall not be made a condition of the unit resale. The owner and the purchaser must personally certify at the time of closing that no unapproved transfer of funds for the purpose of selling and receiving property has taken place at the time of or as a condition of resale.
a. 
Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and each restricted rental unit shall remain subject to the requirements of this section for a period of at least 30 years, until Milltown takes action to release the unit from such requirements. Prior to such action, a restricted rental unit must remain subject to the requirements of N.J.A.C. 5:80-26A, as may be amended and supplemented.
b. 
Deeds of all real property that include restricted rental units shall contain deed restriction language. The dyed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or seller with the records office of the County of Middlesex. A copy of the filed document shall be provided to the administrative agent within 30 days of the receipt of a certificate of occupancy.
c. 
A restricted rental unit shall remain subject to the affordability controls of this Section despite the occurrence of any of the following events:
1. 
Sublease or assignment of the lease of the unit;
2. 
Sale or other voluntary transfer of the ownership of the unit; or
3. 
The entry and enforcement of any judgment of foreclosure on the property containing the unit.
a. 
A written lease shall be required for all restricted rental units, except for units in an assisted living residence, and tenants, shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be provided to the administrative agent.
b. 
No additional fees or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the administrative agent.
c. 
Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit and shall be payable to the administrative agent to be applied to the costs of administering the controls applicable to the unit as set forth in this section.
a. 
Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as may be amended and supplemented, and shall be determined as follows:
1. 
Very-low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of median income.
2. 
Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of median income.
3. 
Moderate-income rental units shall be reserved for households with a gross household income less than 80% of median income.
b. 
The administrative agent shall certify a household as eligible for a restricted rental unit when the household is a very-low-income, low-income or moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:
1. 
The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;
2. 
The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;
3. 
The household is currently in substandard or overcrowded living conditions;
4. 
The household documents the existence of assets with which the household proposes to supplement the rent payments; or
5. 
The household documents proposed third-party assistance from an outside source such as a family member in a form acceptable to the administrative agent and the owner of the unit.
c. 
The applicant shall file documentation sufficient to establish the existence of the circumstances in § 34-18.17a1 through § 34-18.17b5 above with the administrative agent, who shall counsel the household on budgeting.
a. 
Milltown shall appoint a specific municipal employee to serve as a Municipal Housing Liaison responsible for administering the affordable housing program, including affordability controls, the Affirmative Marketing Plan, monitoring and reporting, and, where applicable, supervising any contracted administrative agent. Milltown hereby creates the position of Municipal Housing Liaison. Milltown shall adopt a resolution appointing a Municipal Housing Liaison. The Municipal Housing Liaison shall be approved by the Superior Court and shall be duly qualified before assuming the duties of Municipal Housing Liaison.
b. 
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for Milltown, including the following responsibilities which may not be contracted out to the administrative agent:
1. 
Serving as Milltown's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents and interested households;
2. 
Monitoring the status of all restricted units in the Borough of Milltown's Fair Share Plan;
3. 
Compiling, verifying and submitting annual reports as required by the Superior Court;
4. 
Coordinating meetings with affordable housing providers and administrative agents, as needed;
5. 
Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing as offered or approved by the Superior Court;
6. 
The implementation of the Affirmative Marketing Plan and affordability controls;
7. 
When applicable, supervising any contracting Administrative Agent.
c. 
Subject to the approval of the Superior Court, the Borough of Milltown shall designate one or more administrative agent(s) to administer newly constructed affordable units in accordance with N.J.A.C. 5:93, UHAC. An operating manual shall be provided by the administrative agent(s) to be adopted by resolution of the governing body and subject to approval of the Superior Court. The operating manuals shall be available for public inspection in the Office of the Borough Clerk and in the office(s) of the administrative agent(s). The Municipal Housing Liaison shall supervise the contracting of administrative agent(s).
The administrative agent shall perform the duties and responsibilities of an administrative agent as set forth in UHAC, including those set forth in Section 5:80-26.14, 16 and 18 thereof, which include:
a. 
Affirmative Marketing.
1. 
Conducting an outreach process to affirmatively market affordable housing units in accordance with the Affirmative Marketing Plan of the Borough of Milltown and the provisions of N.J.A.C. 5:80-26.15; and
2. 
Providing counseling or contracting to provide counseling services to low-income and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
b. 
Household Certification.
1. 
Soliciting, scheduling, conducting and following up on interviews with interested households;
2. 
Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low-income and moderate-income unit;
3. 
Providing written notification to each applicant as to the determination of eligibility or noneligibility;
4. 
Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set fort in Appendices J and K of N.J.A.C. 5:80-26.1 et seq.;
5. 
Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located; and
6. 
Employing a random selection process as provided in the Affirmative Marketing Plan of the Borough of Milltown when referring households for certification to affordable units.
c. 
Affordability Controls.
1. 
Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;
2. 
Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;
3. 
Insuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the Middlesex County Register of Deeds or Middlesex County Clerk's office after the termination of the affordability controls for each restricted unit;
4. 
Communicating with lenders regarding foreclosures; and
5. 
Ensuring the issuance of continuing certification of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
d. 
Resale and Re-rental.
1. 
Instituting and maintaining an effective means of communicating information between owners and the administrative agent regarding the availability of restricted units for resale or re-rental; and
2. 
Instituting and maintaining an effective means of communicating information to low-income and moderate-income households regarding the availability of restricted units for resale or re-rental.
e. 
Processing Requests for Unit Owners.
1. 
Reviewing and approving requests for determination from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership that the amount of indebtedness to be incurred will not violate the terms of this section;
2. 
Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the depreciated cost of central air conditioning systems;
3. 
Notifying the municipality of an owner's intent to sell a restricted unit; and
4. 
Making determinations on requests by owners of restricted units for hardship waivers.
f. 
Enforcement.
1. 
Securing annually from the municipality a list of all affordable housing units for which tax bills are mailed to absentee owners, and notifying all such owners that they must either move back to their unit or sell it;
2. 
Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the administrative agent;
3. 
The posting annually in all rental properties, including two-family homes, of a notice as to the maximum permitted rent together with the telephone number of the administrative agent where complaints of excess rent or other charges can be made;
4. 
Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(4) 4;
5. 
Establishing a program for diverting unlawful rent payments to the municipality's Affordable Housing Trust Fund or other appropriate municipal fund approved by the DCA; and
6. 
Creating and publishing a written operating manual, as approved by the Superior Court, setting forth procedures for administering the affordability controls.
g. 
Additional Responsibilities.
1. 
The administrative agent shall have the authority to take all actions necessary and appropriate to carry out its responsibilities, hereunder.
2. 
The administrative agent shall prepare monitoring reports for submission to the Municipal Housing Liaison.
3. 
The administrative agent shall attend continuing education sessions on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Superior Court.
a. 
The Borough of Milltown shall adopt by resolution an Affirmative Marketing Plan, subject to approval of the Superior Court, compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented.
b. 
The Affirmative Marketing Plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The Affirmative Marketing Plan is intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs marketing activities toward COAH Housing Region 3 and is required to be followed throughout the period of restriction.
c. 
The affirmative marketing plan shall provide a regional preference for all households that live and/ or work in COAH Hlousing Region 3 comprised of Middlesex, Somerset and Hunterdon Counties.
d. 
The municipality has the ultimate responsibility for adopting the Affirmative Marketing Plan and for the proper administration of the Affirmative Marketing Program, including initial sales and rentals and resales and re-rentals. The administrative agent designated by the Borough of Milltown shall implement the Affirmative Marketing Plan to assure the affirmative marketing of all affordable units.
e. 
In implementing the Affirmative Marketing Plan, the administrative agent shall provide a list of counseling services to low-income and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
f. 
The Affirmative Marketing Plan shall describe the media to be used in advertising and publicizing the availability of housing. In implementing the Affirmative Marketing Plan, the administrative agent shall consider the use of language translations where appropriate.
g. 
The affirmative marketing process for available affordable units shall begin at least four months prior to the expected date of occupancy.
h. 
Applications for affordable housing shall be available in several locations, including, at a minimum, the County Administrative Building and/or the County Library for each county within the housing region; the municipal administration building and the municipal library in the municipality in which the units are located; and the developer's rentals office. Applications shall be mailed to prospective applicants upon request.
i. 
The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner.
a. 
Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant, the Borough shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.
b. 
After providing written notice of a violation to an owner, developer or tenant of a low- or moderate-income unit and advising the owner, developer or tenant of the penalties for such violations, the municipality may take the following action against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:
1. 
The Borough may file a Court action pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations governing the affordable housing unit. If the owner, developer or tenant is found by the Court to have violated any provision of the regulations governing affordable housing units the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the Court:
(a) 
A fine of not more than $500 per day or imprisonment for a period not to exceed 90 days, or both. Each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not a continuation of the initial offense;
(b) 
In the case of an owner who has rented a low-income or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Borough of Milltown Affordable Housing Trust Fund of the gross amount of rent illegally collected;
(c) 
In the case of an owner who has rented a low-income or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the Court.
2. 
The Borough may file a Court action in the Superior Court seeking a judgment, which would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any such judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the low-income or moderate-income unit.
(a) 
The judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the low-income and moderate-income unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating owner shall have his right to possession terminated as well as his title conveyed pursuant to the Sheriff's sale.
(b) 
The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the low-income and moderate-income unit. The excess, if any, shall be applied to reimburse the Borough for any and all costs and expenses incurred in connection with either the Court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the Borough in full as aforesaid, the violating owner shall be personally responsible for the full extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the Borough for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the Borough for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the Borough. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the Borough, whether such balance shall be paid to the owner or forfeited to the Borough.
(c) 
Foreclosure by the Borough due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to the low-income and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.
(d) 
If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the Borough may acquire title to the low-income and moderate-income unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low-income and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.
(e) 
Failure of the low-income and moderate-income unit to be either sold at the Sheriff's sale or acquired by the Borough shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the Borough, with such offer to purchase being equal to the maximum resale price of the low-income and moderate-income unit as permitted by the regulations governing affordable housing units.
(f) 
The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner.
Appeals from all decisions of an administrative agent appointed pursuant to this section shall be filed in writing with the Superior Court.
[Ord. No. 13-1386; amended ]
a. 
In Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27D-301 et seq., and the State Constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules.
b. 
COAH was authorized by P.L. 2008, c. 46, Section 8 (N.J.S.A. 52:27D-329.2), and the Statewide Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7) to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under jurisdiction of COAH or a court of competent jurisdiction and have a COAH- or court-approved spending plan may retain fees collected from nonresidential development.
c. 
In Re: Adoption of N.J.A.C. 5:96 and 5:97 by the New Council on Affordable Housing, 221 N.J. 1 (2015), also known as the Mount Laurel IV decision, the Supreme Court remanded COAH's duties to the Superior Court. As a result, affordable housing development fee collections and expenditures from the municipal affordable housing trust funds to implement municipal Third Round Fair Share Plans through July 1, 2025 are under the Court's jurisdiction and are subject to approval by the Court.
d. 
This section establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's regulations and in accordance P.L. 2008, c. 46, Sections 8 and 32 through 38 (N.J.S.A. 52:27D-329.2 and N.J.S.A. 40:55D-8.1 through 40:55D-8.7, respectively). Fees collected pursuant to this section shall be used for the sole purpose of providing low-income and moderate-income housing. This section shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. 5:93-8.
a. 
This section shall not be effective until approved by the Superior Court pursuant to N.J.A.C. 5:93-8.
b. 
Milltown shall not spend development fees until the Court has approved a plan for spending such fees in conformance with N.J.A.C. 5:93-8.
The following terms, as used in this section, shall have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT
A development that is inclusionary development, a municipal construction project or a 100-percent affordable development. This shall include any project that contains very-low-, low-, moderate-income units on or off site.
COAH or THE COUNCIL
The New Jersey Council on Affordable Housing established under the Fair Housing Act or any successor agency.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT FEE
Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:93-8.
EQUALIZED ASSESSED VALUE
The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with Sections 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through N.J.S.A. 54:1-35c).
GREEN BUILDING STRATEGIES
Those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
a. 
Imposed Fees.
1. 
Within all zoning districts and redevelopment areas, residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1.5% of the equalized assessed value for residential development provided no increased density is permitted.
2. 
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers may be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.
(a) 
Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1.5% of the equalized assessed value on the first two units; and the specified higher percentage up to 6% of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.
b. 
Eligible Exactions, Ineligible Exactions and Exemptions for Residential Development.
1. 
Affordable housing developments, developments where the developer is providing for the construction of affordable units elsewhere in the municipality, and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.
2. 
Developments that have received preliminary or final site plan approval or arc subject to an executed redevelopment or development agreement (including master redeveloper agreement) prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.
3. 
Development fees shall be unposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced, or is expanded, if the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.
4. 
Homes replaced as a result of a natural disaster (such as fire or flood) shall be exempt from the payment of a development fee.
a. 
Imposed Fees.
1. 
Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new nonresidential construction on an unimproved lot or lots.
2. 
Nonresidential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.
3. 
Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the preexisting land and improvement and the equalized assessed value of the newly improved structure, i.e., land and improvement, at the time final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.
b. 
Eligible Exactions, Ineligible Exactions and Exemptions for Nonresidential Development.
1. 
The nonresidential portion of a mixed-use inclusionary or market rate development shall be subject to the 2.5% development fee, unless otherwise exempted below.
2. 
The 2.5% fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.
3. 
Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required pursuant to P.L. 2008, c. 46, as specified in the Form N-RDF, "State of New Jersey Nonresidential Development Certification/ Exemption." Any exemption claimed by a developer shall be substantiated by that developer.
4. 
A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L. 2008, c. 46 shall be subject to it at such time the basis for the exemption no longer applies, and shall make the payment of the nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the nonresidential development, whichever is later.
5. 
If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by Milltown as a lien against the real property of the owner.
a. 
Upon the granting of a preliminary, final or other applicable approval for a development, the applicable approving authority shall direct its staff to notify the Construction Official responsible for the issuance of a building permit.
b. 
The Construction Official responsible for the issuance of a building permit shall notify the local Tax Assessor of the issuance of the first building permit for a development which is subject to a development fee.
c. 
Within 90 days of receipt of that notice, the Municipal Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.
d. 
For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF, "State of New Jersey Non-Residential Development Certification/Exemption" to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The Construction Official shall verify the information submitted by the nonresidential developer as per the instructions provided in Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
e. 
The Construction Official responsible for the issuance of a final certificate of occupancy shall notify the local Assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.
f. 
Within 10 business days of a request for the scheduling of a final inspection, the Municipal Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.
g. 
Should Milltown fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b. of Section 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).
h. 
The developer shall pay 50% of the calculated development fee amount prior to the issuance of the first building permit for the subject property; and 50% of the calculated development fee amount prior to the municipal issuance of a final certificate of occupancy for the subject property.
i. 
Appeal of Development Fees.
1. 
A developer may challenge residential development fees unposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest-bearing escrow account by Milltown. Appeals from a determination of the Board may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
2. 
A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by the Borough of Milltown. Appeals from a determination of the Director may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
a. 
There is hereby created a separate, interest-bearing housing trust fund to be maintained by the Chief Financial Officer for the purpose of depositing development fees collected from residential developers and proceeds from the sale of units with extinguished controls.
b. 
The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:
1. 
Payments in lieu of on-site construction of affordable units;
2. 
Developer contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;
3. 
Rental income from municipally operated units;
4. 
Repayments from affordable housing program loans;
5. 
Recapture funds;
6. 
Proceeds from the sale of affordable units; and
7. 
Any other funds collected in connection with Milltown's affordable housing program.
a. 
The expenditure of all funds shall conform to a spending plan approved by the Court. Funds deposited in the Housing Trust Fund may be used for any activity approved by the Court to address Milltown's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to, preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, or regional housing partnership programs, conversion of existing nonresidential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of the Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:93-8 and specified in the approved spending plan.
b. 
Funds shall not be expended to reimburse Milltown for past housing activities.
c. 
At least 30% of all development fees collected and interest earned shall be used to provide affordability assistance to low-income and moderate-income households in affordable units included in the municipal Fair Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of median income by region.
1. 
Affordability assistance programs may include down payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowner's association or condominium fees and special assessments, and assistance with emergency repairs.
2. 
Affordability assistance to households earning 30% or less of median income may include buying down the cost of low- or moderate-income units in the municipal fair Share Plan to make them affordable to households earning 30% or less of median income.
3. 
Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
d. 
Milltown may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:93-8.16.
e. 
No more than 20% of all revenues collected from development fees may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council's regulations and/or action are not eligible uses of the Affordable Housing Trust Fund.
On or about June 30 of each year through 2025, Milltown shall provide annual reporting of trust fund activity to the New Jersey Department of Community Affairs (DCA), COAI I, or Local Government Services (LGS), or other entity designated by the State of New Jersey, with a copy provided to Fair Share Housing Center and posted on the municipal website, using forms developed for this purpose by the DCA, COAH, or LGS. This reporting shall include an accounting of all Housing Trust Fund activity, including the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with Milltown's housing program, as well as to the expenditure of revenues and implementation of the plan approved by the Court.
The ability for Milltown to impose, collect and expend development fees shall expire with its Court-issued judgment of compliance unless Milltown has filed an adopted Housing Element and Fair Share Plan with the Court, has petitioned for substantive certification, and has received the Court's approval of its development fee ordinance. If Milltown fails to renew its ability to impose and collect development fees prior to the expiration of its judgment of compliance and repose, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the New Jersey Affordable Housing Trust Fund established pursuant to Section 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320). Milltown shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its judgment of compliance and repose, nor shall Milltown retroactively impose a development fee on such a development. Milltown shall not expend development fees after the expiration of its judgment of compliance and repose.
[Ord. No. 919 Art. XIV, A; amended 12-23-2019 by Ord. No. 19-1484]
The Borough is hereby divided into the following zones:
Zone
Description
R-4
Single family residential
R-6
Single family residential
R-6A
Single/two family residential
R-8
Single family residential
R-10
Single family residential
R-15
Single family residential
RM-M
Multifamily mid-rise
B-1
Commercial
B-2
Commercial center
B-2A
Commercial center/senior citizen housing
B-3
Limited commercial
B-4
Highway strip commercial
B-5
Highway commercial
M-1
Light industrial
R-SC
Residential-senior citizen
CS
Community services zone
AHO-1
Multifamily affordable housing overlay
AHO-2
Townhouse and stacked affordable housing overlay
AHO-3
Townhouse and stacked affordable housing overlay
AHO-4
Multifamily affordable housing overlay
AHO-5
Townhouse and stacked affordable housing overlay
AHO-6
Multifamily affordable housing overlay
[Ord. No. 919 Art. XIV, B; Ord. No. 978]
The Borough of Milltown is hereby divided into zones or districts as is shown on the map entitled "1994 Zoning Map of the Borough of Milltown," dated 1994 which is hereby adopted by reference and declared to be part of this chapter.[1]
[1]
Editor's Note: The Zoning Map referred to herein can be found on file at the Borough offices.
[Ord. No. 919 Art. XIV, C; Ord. No. 02-1127]
Where uncertainty exists as to the boundaries of districts as shown on the official Zoning Map, the following rules shall apply:
a. 
Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed as following such center lines unless such zone boundary lines are fixed by dimensions shown on the official Zoning Map.
b. 
Boundaries indicates as approximately following platted lot lines, and where they do not scale more than 10 feet distant therefrom shall be construed as following such lot lines, unless specifically shown otherwise.
c. 
In unsubdivided land where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions on the map, shall be determined by the use of the scale appearing thereon.
d. 
Boundaries indicated as approximately following municipal limits shall be construed as following municipal limits.
e. 
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
f. 
Boundaries indicated as following shorelines shall be construed as following such shorelines, and in the event of change in the shoreline, shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the center lines of streams, rivers or other bodies of water shall be construed as following such center lines.
g. 
Boundaries indicated as parallel to the extensions of features indicated in paragraph a through f above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map. Lands falling within the area generally known as "riparian rights" territory shall be governed by and shall be included within the straight line extension of the zone boundaries of the zone district to which the riparian right areas are adjoined.
h. 
Where a lot is located in part in one zone district and in part in one or more other zone district(s), except as is herein provided to the contrary, the portion of the lot in only one of the zone districts may be developed, and the bulk standards in that district apply to the development on that portion of the lot as if the lot did not cross the zone district. In the alternative, where a lot is located in part in one zone district and in part in one or more other zone district(s), except as is herein provided to the contrary, the entire lot may be used for a purpose permitted in any one of the zones upon application for a conditional use permit and upon determination by the Approving Authority that the proposed use complies with the following standards and conditions:
1. 
The bulk standards that apply to the development are the most restrictive of each bulk standard for the zones in which the lot is located. Each bulk standard of each zone shall be compared with the corresponding bulk standard of the other zone(s), and the individual standard that is most restrictive shall apply.
2. 
In the event that one of the zones in which the lot is located is a residential zone, no use shall be permitted anywhere on the lot that involves a fast food restaurant. In the event that one of the zones in which the lot is located is a residential zone, there shall be no storage of nonresidential solid waste or the location of solid waste containers for nonresidential solid waste on any portion of the lot in the residential zone, nor the placement of parking spaces for nonresidential uses on any portion of the lot in the residential zone.
3. 
Seventeen copies of a set of plans, specifications and plot plans showing overall dimensions, topographical features, the location and intended use of existing and proposed structures, and the relationship of the proposed use to the streets, existing topography, and existing uses shall be filed with the Planning Board along with the application for a conditional use permit.
i. 
Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map or in other circumstances not covered by paragraphs a through g above, the Board of Adjustment shall interpret the district boundaries.
[Ord. No. 919 Art. XIV, D; Ord. No. 01-110]
The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided:
a. 
No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.
b. 
No building or other structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area or to have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required, or in any other manner contrary to the provisions of this chapter.
c. 
No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
d. 
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirement set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
e. 
Only those uses specifically identified as a permitted principal use, permitted accessory use, conditional use, permitted sign or other permitted use shall be permitted. All other uses are prohibited.
f. 
All territory which may hereafter be annexed to the municipality shall be considered to be zoned in the same manner as the contiguous territory inside previous municipal limits until otherwise classified.
g. 
No lot which conforms to the requirements of the zoning ordinances of the Borough governing minimum lot width, depth, area or setbacks shall be considered to be nonconforming where such nonconformity was created solely as a result of a dedication of land to the Borough, the County, the State or any other governmental agency or authority for a sewerage, drainage or road widening project, provided that the remaining property is not less than 80% of the requirements of the zoning ordinances.
a. 
Administrative Official; Powers and Duties.
1. 
An Administrative Official designated by the Governing Body shall administer and enforce this section of this chapter. He may be provided with the assistance of such other persons as the Governing Body may direct.
2. 
If the Administrative Official shall find that any of the provisions of this chapter are being violated, by inspection or examination by the Administrative Official or his duly authorized assistants of any building, plans or premises, and he shall have the right to enter any building or premises during daylight hours in the course of his duty, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions. The stated violation shall then be corrected by action of the violating party, and a second inspection and approval shall be accomplished within 30 days.
b. 
Certificates of Zoning Compliance.
1. 
For any development application, it shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof, hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure, until a certificate of zoning compliance shall have been issued therefor by the Administrative Official, stating that the proposed use of the building or land conforms to the requirements of this chapter and adequate planning standards.
2. 
No permit for erection, construction, alteration, extension, enlargement, movement, remodeling, conversion, removal, destruction or repair of any building shall be issued until a certificate of zoning compliance has been duly issued in accordance with the provisions of this chapter. The certificate of zoning compliance shall be issued by the administrative official, stating that the proposed use of the building or land conforms to the requirements of this chapter and adequate planning standards. No certificate of zoning compliance shall be issued by the administrative official unless the application for the said certificate is in conformity with all the provisions of this chapter or has been duly exempted by variance.
3. 
Failure to obtain a certificate of zoning compliance shall be a violation of this chapter.
c. 
Expiration of Building Permit.
1. 
If the work described in any building permit has not commenced within 90 days from the date of issuance thereof, the permit shall expire and be cancelled by the administrative official and written notice thereof shall be given to the persons affected.
2. 
If the work described in any building permit has not been substantially completed within two years of the date of issuance thereof, the permit shall expire and be cancelled by the administrative official and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new building permit has been obtained.
d. 
Construction and Use to Be as Provided in Applications, Plans, Permits and Certificates of Zoning Compliance. Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the Administrative Official authorize only the use, arrangement and construction set forth in such approved plans and applications and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter. If any such permit has been authorized and not lifted from the office of the Administrative Official and executed by the applicant within a period of six months from the date of authorization, then such authorization shall be null and void and no permit shall be issued thereunder.
e. 
When an applicant fails to comply or deviates significantly from any approved plans filed with the Approving Authority, the Administrative Official shall have jurisdiction to review the aforementioned deviation. If the Administrative Official is of the determination that the deviation is minor and insignificant and provided the deviation does not change the intent of the approved use, plans and resolution the administrative official may approve the deviation. If the Administrative Official is of the determination that the deviation will result in a substantial change to the approved use, plans and resolution the applicant shall be required to submit plans showing all proposed revisions to the original Approving Authority. In any event, the administrative official shall make and file a report with the Approving Authority noting all deviations and reasons for the Administrative Official's decision.
f. 
Exempted Uses. The following uses shall be permitted to be located anywhere in the municipality and shall be exempt from the provisions of this chapter except as specifically stated in this section.
1. 
Outdoor telephone booths owned and operated by the New Jersey Bell Telephone Company. Erection of the booths shall be subject to the approval of the administrative official and the Municipal Engineer so that the same shall not constitute traffic and/or safety hazards. Such telephone booths shall be kept in a good state of repair and appearance. The erection and maintenance of said booths shall be subject to such regulations as my be prescribed from time to time by the administrative official and Municipal Engineer in the interest of health, safety and general welfare of the public.
2. 
Normal and customary public utility and service and distribution lines.
3. 
All municipal uses and utilities.
4. 
Outdoor shelters for school bus children or bus patrons. Erection of such shelters shall be subject to the approval of the administrative official and the Municipal Engineer as to sites and construction so that the same shall not constitute traffic and/or safety hazards. Such shelters shall be kept in a good state of repair and appearance. The erection and maintenance of such shelters shall be subject to such regulations as may be prescribed from time to time by the administrative official and Municipal Engineer in the interest of health, safety and general welfare of the public. Such shelters may not carry any advertising or other commercial display.
g. 
Nonconforming Lots and Structures. As applied to individual single family units only, for any structure on a conforming or nonconforming lot which violates any bulk requirement, additions to the principal building and/or an accessory building may be constructed without an appeal for variance, provided that the total permitted building coverage regulation is not exceeded and provided the building does not create any new bulk violations of the zoning ordinance, or does not further extend a previously granted variance.
[Ord. No. 919 Art. XIV, F]
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals and general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive or that imposing the higher standards shall govern.
[Ord. No. 919 Art. XIV, G]
Whenever a violation of this chapter occurs or is alleged to have occurred, any person my file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the administrative official. He shall record properly such complaint, immediately investigate and take action thereon as provided by this chapter.
[1]
Editor's Note: See additional off-street parking regulations in Section 34-25.
[Ord. No. 919 Art. XV]
Residential districts are established in order to achieve the general goals as stated in Section 34-2 and for the following specific purposes:
a. 
To protect residential areas against fire, explosion, noxious fumes, offensive noise, vibrations, smoke, dust, odors, heat, glare and other objectionable influences.
b. 
To protect residential areas against the intrusion of abnormal vehicular traffic and to provide space for off-street parking.
c. 
To protect residential areas against congestion by regulating the bulk of buildings in relation to the land around them and to provide sufficient space in appropriate locations for residential development to meet the needs of probable expansion in population.
d. 
To protect those quasi-residential uses which require a residential environment and which provide essential health and welfare services for the residents.
e. 
To promote the aesthetic compatibility of all development within the community.
[Ord. No. 919 Art. XV, A; Ord. No. 13-1378; Ord. No. 13-1382 § 2]
The following regulations shall apply in the R-4 Residential Zone:
a. 
Permitted Principal Uses.
1. 
Single family detached dwellings.
b. 
Permitted Accessory Uses.
1. 
Private garage space for the storage of motor vehicles.
2. 
Greenhouses, toolsheds, and other similar structures.
3. 
Private recreational facilities such as, but not limited to swimming pools and tennis courts, provided these uses shall be noncommercial and that all lighting shall be directed away from all adjacent lots.
4. 
Fences, walls and hedges.
c. 
Conditional Uses.
1. 
Churches, synagogues and other similar places of worship, parish houses, and convents.
2. 
Public utility facilities required to provide the direct service of the utility to the consumers such as transformers and pumping stations but excluding warehouses, service or storage and treatment facilities, yards and offices.
3. 
Public parks and playgrounds.
4. 
Satellite dish antennas.
5. 
Public and private institutions for education not operated for profit.
6. 
Home occupations. Customary home occupations, such as but not limited to dressmaking, millinery and home cooking, provided that such occupations shall be conducted solely by resident occupants of the building and that not more than the equivalent of 1/3 of the area of one floor shall be used for such purposes and that no display of products or advertising of any kind shall be visible from the street. No equipment shall be used in such an occupation which is not usually found in the home. Structural or architectural changes shall not be permitted to accommodate the occupation.
d. 
Bulk Regulations.
1. 
The requirements for this district of lot area and width, yard dimensions, building coverage, and height shall be as listed in the Bulk Schedule for the R-4 Zone.[1]
[1]
Editor's Note: See Section 34-29, Bulk Schedule, included as an attachment to this Chapter..
e. 
Prohibited Uses.
1. 
All nonresidential uses, such as but not limited to: professional offices, home professional offices, institutional, commercial, industrial and educational uses, including signs.
2. 
All residential uses not specifically permitted in this zone.
3. 
Hookah lounges.
4. 
Tattoo/piercing parlors.
f. 
Parking.[2]
1. 
Off-street parking space with appropriate access thereto shall be provided on the same lot it is intended to serve, in accordance with the following minimum standards:
(a) 
Single family detached dwelling: two off-street parking spaces for each dwelling unit.
(b) 
For conditional uses, see Planning Performance Standards and Details.
[2]
Editor's Note: See additional off-street parking regulations in Section 34-25.
g. 
Permitted Signs.
1. 
One illuminated, residential nameplate sign situated within the property line and not exceeding one square foot on any surface.
2. 
One nonflashing, nonilluminated temporary sign pertaining to the lease or sale of the same lot or building upon which it is placed, situated within the property lines and the premises to which it relates and not exceeding six square feet in area on any one side. The sign must be removed from the premises within two days after the property has been leased or sold.
3. 
One nonflashing, nonilluminated temporary sign pertaining to a particular event, purpose or occasion including electoral campaign signs. The sign must be removed within one day after the occurrence of the event and within 30 days of the posting of the sign, whichever comes first.
4. 
No free-standing sign shall be located closer to any front lot line than 10 feet nor to any side lot line than six feet.
5. 
Unless a particular sign is expressly permitted in this zone, it shall be deemed prohibited.
[Ord. No. 919 Art. XV, B; Ord. No. 13-1378 § 2; Ord. No. 13-1382 § 2]
The following regulations shall apply in the R-6 Residential Zone:
a. 
Permitted Principal Uses.
1. 
Single family detached dwellings.
b. 
Permitted Accessory Uses.
1. 
Private garage space for the storage of motor vehicles.
2. 
Greenhouses, toolsheds, and other similar structures.
3. 
Private recreational facilities such as, but not limited to swimming pools and tennis courts, provided these uses shall be noncommercial and that all lighting shall be directed away from all adjacent lots.
4. 
Fences, walls and hedges.
c. 
Conditional Uses.
1. 
Churches, synagogues and other similar places of worship, parish houses, and convents.
2. 
Public utility facilities required to provide the direct service of the utility to the consumers such as transformers and pumping stations but excluding warehouses, service or storage and treatment yards and offices.
3. 
Public parks and playgrounds.
4. 
Satellite dish antennas.
5. 
Public and private institutions for education not operated for profit.
6. 
Home occupations. Customary home occupations, such as but not limited to dressmaking, millinery and home cooking, provided that such occupations shall be conducted solely by resident occupants of the building and that not more than the equivalent of 1/3 of the area of one floor shall be used for such purposes and that no display of products or advertising of any kind shall be visible from the street. No equipment shall be used in such an occupation which is not usually found in the home. Structural or architectural changes shall not be permitted to accommodate the occupation.
d. 
Bulk Regulations.
1. 
The requirements for this district of lot area and width, yard dimensions, building coverage, and height shall be listed in the Bulk Schedule attached and part of this chapter for the R-6 Zone.
e. 
Prohibited Uses.
1. 
All nonresidential uses, such as but not limited to: professional offices, professional home offices, institutional, commercial, and industrial uses, including signs.
2. 
All residential uses not specifically permitted in this zone.
3. 
Hookah lounges.
4. 
Tattoo/piercing parlors.
f. 
Parking.[1]
1. 
Off-street parking space with appropriate access thereto shall be provided on the same lot it is intended to serve, in accordance with the following minimum standards:
(a) 
Single family detached dwelling: two off-street parking spaces for each dwelling unit.
(b) 
For conditional uses, see Design Standards and Details.
[1]
Editor's Note: See additional off-street parking regulations in Section 34-25.
g. 
Permitted Signs.
1. 
Sign control in the R-6 zone shall be the same as designated for the R-4 Zone.
2. 
Unless a particular sign is expressly permitted in this zone, it shall be deemed prohibited.
[Ord. No. 919 Art. XV, C; Ord. No. 13-1378 § 2; Ord. No. 13-1382 § 2]
The following regulations shall apply in the R-6A Residential Zone:
a. 
Permitted Principal Uses.
1. 
Single family detached residential dwelling units.
2. 
Two family residential dwelling units.
b. 
Permitted Accessory Uses.
1. 
Private garage space for the storage of motor vehicles.
2. 
Greenhouses, toolsheds, and other similar structures.
3. 
Private recreational facilities such as, but not limited to swimming pools and tennis courts, provided these uses shall be noncommercial and that all lighting shall be directed away from all adjacent lots.
4. 
Fences, walls and hedges.
c. 
Conditional Uses.
1. 
Churches, synagogues and other similar places of worship, parish houses, and convents.
2. 
Public and private institutions for education not operated for profit.
3. 
Public utility facilities required to provide the direct service of the utility to the consumers such as transformers and pumping stations but excluding warehouses, service or storage and treatment facilities, yards and offices.
4. 
Home Occupations. Customary home occupations, such as but not limited to dressmaking, millinery and home cooking, provided that such occupations shall be conducted solely by resident occupants of the building and that not more than 1/3 of the area of one floor shall be used for such purposes and that no display of products or advertising of any kind shall be visible from the street. No equipment shall be used in such an occupation which is not usually found in the home. Structural or architectural changes shall not be permitted to accommodate the occupation.
5. 
Public parks and playgrounds.
6. 
Satellite dish antennas.
d. 
Bulk Regulations.
1. 
The requirements for this district of lot area and width, yard dimensions, building coverage, and height shall be listed in the Bulk Schedule attached and part of this chapter for the R-6A Zone.
e. 
Prohibited Uses.
1. 
All nonresidential uses, such as but not limited to: professional offices, professional home offices, institutional, commercial, and industrial uses.
2. 
All residential uses not specifically permitted in this zone.
3. 
Hookah lounges.
4. 
Tattoo/piercing parlors.
f. 
Parking.
1. 
Off-street parking space with appropriate access thereto shall be provided on the same lot it is intended to serve, in accordance with the following minimum standards:
(a) 
Single family detached dwelling: two off-street parking spaces for each dwelling unit.
(b) 
Two family dwellings: two off-street parking spaces for each dwelling unit.
(c) 
For Conditional Uses see Design Standards and Details.
g. 
Permitted Signs.
1. 
Sign control in the R-6A zone shall be the same as designated for the R-4 Zone.
2. 
Unless a particular sign is expressly permitted in this zone, it shall be deemed prohibited.
h. 
Conversions from Single Family to Two Family Dwellings.
1. 
All stairways leading to a second or higher floor shall be completely enclosed within the converted building or located in such a manner as to be nonvisible from the street, except outside fire escapes.
2. 
Each dwelling unit shall have at least one bathroom consisting of at least one wash basin, one water closet and bath or shower and at least one kitchen consisting of at least one sink and one cooking stove.
3. 
Each room shall be provided with at least one window or a forced draft direct to the outside and each unit shall have a separate means of ingress and egress.
4. 
All rooms within a dwelling unit shall be accessible from within the limits of the dwelling.
[Ord. No. 919 Art. XV, D; Ord. No. 13-1378 § 2; Ord. No. 13-1382 § 2]
The following regulations shall apply in the R-8 Residential Zone:
a. 
Permitted Principal Uses.
1. 
Single family detached dwellings.
b. 
Permitted Accessory Use.
1. 
Private garage space for the storage of motor vehicles.
2. 
Greenhouses, toolsheds, and other similar structures.
3. 
Private recreational facilities such as, but not limited to swimming pools and tennis courts, provided these uses shall be noncommercial and that all lighting shall be directed away from all adjacent lots.
4. 
Fences, walls and hedges.
c. 
Conditional Uses.
1. 
Churches, synagogues and other similar places of worship, parish houses, and convents.
2. 
Public utility facilities required to provide the direct service of the utility to the consumers such as transformers and pumping stations but excluding warehouses, service or storage and treatment facilities, yards and offices.
3. 
Public parks and playgrounds.
4. 
Satellite dish antennas.
5. 
Public and private institutions for education not operated for profit.
6. 
Home Occupations. Customary home occupations, such as but not limited to dressmaking, millinery and home cooking, provided that such occupations shall be conducted solely by resident occupants of the building and that not more than the equivalent of 1/3 of the area of one floor shall be used for such purposes and that no display of products or advertising of any kind shall be visible from the street. No equipment shall be used in such an occupation which is not usually found in the home. Structural or architectural changes shall not be permitted to accommodate the occupation.
d. 
Bulk Regulations.
1. 
The requirements for this district of lot area and width, yard dimensions, building coverage, and height shall be listed in the Bulk Schedule attached and part of this chapter for the R-8 Zone.
e. 
Prohibited Uses.
1. 
All nonresidential uses such as but not limited to: professional offices, professional home offices, institutional, commercial, and industrial uses, including signs.
2. 
All residential uses not specifically permitted in this zone.
3. 
Hookah lounges.
4. 
Tattoo/piercing parlors.
f. 
Parking.[1]
1. 
Off-street parking space with appropriate access thereto shall be provided on the same lot it is intended to serve, in accordance with the following minimum standards:
(a) 
Single family detached dwelling: two off-street parking spaces for each dwelling unit.
(b) 
For Conditional Uses see Design Standards and Details.
[1]
Editor's Note: See additional off-street parking regulations in Section 34-25.
g. 
Permitted Signs.
1. 
Sign control in the R-8 zone shall be the same as designated for the R-4 Zone.
2. 
Unless a particular sign is expressly permitted in this Zone, it shall be deemed prohibited.
[Ord. No. 919 Art. XV, E; Ord. No. 13-1378 § 2; Ord. No. 13-1382 § 2]
The following regulations shall apply in the R-10 Residential Zone:
a. 
Permitted Principal Uses.
1. 
Single family detached dwellings.
b. 
Permitted Accessory Uses.
1. 
Private garage space for the storage of motor vehicles.
2. 
Greenhouses, toolsheds, and other similar structures.
3. 
Private recreational facilities such as, but not limited to swimming pools and tennis courts, provided these uses shall be noncommercial and that all lighting shall be directed away from all adjacent lots.
4. 
Fences, walls and hedges.
c. 
Conditional Uses.
1. 
Churches, synagogues and other similar places of worship, parish houses, and convents.
2. 
Public utility facilities required to provide the direct service of the utility to the consumers such as transformers and pumping stations but excluding warehouses, service or storage and treatment facilities, yards and offices.
3. 
Public parks and playgrounds.
4. 
Satellite dish antennas.
5. 
Public and private institutions for education not operated for profit.
6. 
Home Occupations. Customary home occupations, such as but not limited to dressmaking, millinery and home cooking, provided that such occupations shall be conducted solely by resident occupants of the building and that not more than the equivalent of 1/3 of the area of one floor shall be used for such purposes and that no display of products or advertising of any kind shall be visible from the street. No equipment shall be used in such an occupation which is not usually found in the home. Structural or architectural changes shall not be permitted to accommodate the occupation.
d. 
Bulk Regulations.
1. 
The requirements for this district of lot area and width, yard dimensions, building coverage, and height shall be listed in the Bulk Schedule attached and part of this chapter for the R-10 Zone.
e. 
Prohibited Uses.
1. 
All nonresidential uses such as but not limited to: professional offices, professional home offices, institutional, commercial, and industrial uses, including signs.
2. 
All residential uses not specifically permitted in this zone.
3. 
Hookah lounges.
4. 
Tattoo/piercing parlors.
f. 
Parking.[1]
1. 
Off-street parking space with appropriate access thereto shall be provided on the same lot it is intended to serve, in accordance with the following minimum standards:
(a) 
Single family detached dwelling: two off-street parking spaces for each dwelling unit.
(b) 
For Conditional Uses see Design Standards and Details.
[1]
Editor's Note: See additional off-street parking regulations in Section 34-25.
g. 
Permitted Signs.
1. 
Sign control in the R-10 zone shall be the same as designated for the R-4 Zone.
2. 
Unless a particular sign is expressly permitted in this zone, it shall be deemed prohibited.
[Ord. No. 919 Art. XV, F; Ord. No. 13-1378 § 2; Ord. No. 13-1382 § 2]
The following regulations shall apply in the R-15 Residential Zone:
a. 
Permitted Principal Uses.
1. 
Single family detached dwellings.
b. 
Permitted Accessory Uses.
1. 
Private garage space for the storage of motor vehicles.
2. 
Greenhouses, toolsheds, and other similar structures.
3. 
Private recreational facilities such as, but not limited to swimming pools and tennis courts, provided these uses shall be noncommercial and that all lighting shall be directed away from all adjacent lots.
4. 
Fences, walls and hedges.
c. 
Conditional Uses.
1. 
Churches, synagogues and other similar places of worship, parish houses, and convents.
2. 
Public utility facilities required to provide the direct service of the utility to the consumers such as transformers and pumping stations but excluding warehouses, service or storage and treatment facilities, yards and offices.
3. 
Public parks and playgrounds.
4. 
Satellite dish antennas.
5. 
Public and private institutions for education not operated for profit.
6. 
Home occupations. Customary home occupations, such as but not limited to dressmaking, millinery and home cooking, provided that such occupations shall be conducted solely by resident occupants of the building and that not more than the equivalent of 1/3 of the area of one floor shall be used for such purposes and that no display of products or advertising of any kind shall be visible from the street. No equipment shall be used in such an occupation which is not usually found in the home. Structural or architectural changes shall not be permitted to accommodate the occupation.
d. 
Bulk Regulations.
1. 
The requirements for this district of lot area and width, yard dimensions, building coverage, and height shall be listed in the Bulk Schedule attached and part of this chapter for the R-15 Zone.
e. 
Prohibited Uses.
1. 
All nonresidential uses such as but not limited to: professional offices, professional home offices, institutional, commercial, and industrial uses, including signs.
2. 
All residential uses not specifically permitted in this zone.
3. 
Hookah lounges.
4. 
Tattoo/piercing parlors.
f. 
Parking.[1]
1. 
Off-street parking space with appropriate access thereto shall be provided on the same lot it is intended to serve, in accordance with the following minimum standards:
(a) 
Single family detached dwelling: two off-street parking spaces for each dwelling unit.
(b) 
For Conditional Uses see Design Standards and Details.
[1]
Editor's Note: See additional off-street parking regulations in Section 34-25.
g. 
Permitted Signs.
1. 
Sign control in the R-15 zone shall be the same as designated for the R-4 Zone.
2. 
Unless a particular sign is expressly permitted in this zone, it shall be deemed prohibited.
[Ord. No. 919 Art. XV, G; Ord. No. 13-1378 § 2; Ord. No. 13-1382 § 2]
The following regulations shall apply in the RM-M Residential Zone:
a. 
Permitted Principal Uses.
1. 
Midrise residential structures (four stories).
2. 
Single family residential dwellings.
b. 
Permitted Accessory Uses.
1. 
Private garage space and parking area for the storage of motor vehicles.
2. 
Private recreational facilities such as, but not limited to swimming pools and tennis courts, provided these uses shall be noncommercial and that all lighting shall be directed away from all adjacent lots.
3. 
Greenhouses, toolsheds and other similar structures.
4. 
Fences, walls and hedges.
c. 
Conditional Uses.
1. 
Public utility facilities required to provide the direct service of the utility to the consumers such as transformers and pumping stations but excluding warehouses, service or storage and treatment facilities, yards and offices.
2. 
Public parks and playgrounds.
3. 
Satellite dish antennas.
4. 
Home occupations. Customary home occupations, such as but not limited to dressmaking, millinery and home cooking, provided that such occupations shall be conducted solely by resident occupants of the building and that not more than the equivalent of 1/3 of the area of one floor shall be used for such purposes and that no display of products or advertising of any kind shall be visible from the street. No equipment shall be used in such an occupation which is not usually found in the home. Structural or architectural changes shall not be permitted to accommodate the occupation.
d. 
Bulk Regulations.
1. 
The requirements for this district of lot area and width, yard dimensions, building coverage, and height shall be listed in the Bulk Schedule attached and part of this chapter.
(a) 
Midrise residential structures: as regulated by the RM-M Zone.
(b) 
Single family residential dwellings: as regulated by the R-10 Zone.
2. 
Minimum building setback from any property line adjoining an existing single family residential use or a single family residential zone shall be not less than 100 feet.
3. 
Prior to approval of any application for a multifamily development in this zone, the applicant, through licensed professional expertise, shall submit an Environmental Impact Statement, prepared in conformance with subsection 34-33.8, and shall additionally provide by mapping an outbound survey of all areas found to be environmentally or ecologically sensitive. Further, soil tests based upon laboratory analysis of both test pits and test borings, shall be provided.
4. 
A 100-foot wide buffer shall be provided for all areas determined to be an environmental or ecological sensitive area. No building, pavement or other development other than supplemental landscaped plantings shall occur within this 100-foot wide buffer area.
5. 
No development shall be permitted within any land area deemed to be environmentally sensitive, based upon the findings of fact by the Reviewing Board as a result of their analysis and review of the submitted Environmental Impact Statement.
6. 
A specific Affordable Housing set aside of 20% of all residential units created within this zone shall be made available for low and moderate income families in a methodology consistent with the rules of the New Jersey Council on Affordable Housing.
7. 
The following open space requirements shall be met:
(a) 
A minimum of 25% of the total site area shall be devoted to open space.
(b) 
At least 10% of the total site area shall be developed active and passive recreation facilities.
(c) 
Recreation areas may include but are not limited to swimming pools and related facilities, bicycle and walk paths, tennis courts or other appropriate facilities.
(d) 
For purposes of this provision, "open space" shall be exclusive of required front, side and rear yards, driveways, parking areas, loading or storage areas and shall be maintained exclusively for residents of the site.
(e) 
Such space shall not be located closer than 20 feet from a public street, interior road or driveway.
8. 
A planted buffer area shall be provided along exterior lot lines. The buffer shall be a minimum width of 10 feet. Planting material shall be at least six feet in height at the time of planting.
9. 
All areas not devoted to structures, parking areas, and other required uses shall be landscaped in accordance with an approved landscape plan. Wherever possible, natural features shall be preserved.
10. 
Off-street parking spaces for units shall be provided in parking areas located within 150 feet of each main entrance. Parking areas, driveways and walkways shall be illuminated, screened and buffered with shade trees and evergreens.
e. 
Prohibited Uses.
1. 
All nonresidential uses such as but not limited to: professional offices, professional home offices, institutional, commercial and industrial uses, including signs.
2. 
All residential uses not specifically permitted in this zone.
3. 
Hookah lounges.
4. 
Tattoo/piercing parlors.
f. 
Parking and Other Requirements.[1]
1. 
Off-street parking space with appropriate access thereto shall be provided on the same lot or tract it is intended to serve, in accordance with the following minimum standards:
(a) 
Midrise residential structure: two off-street parking spaces per dwelling unit.
(b) 
Townhouse dwelling: two off-street parking spaces per dwelling unit.
(c) 
Single family residential dwelling: two off-street parking spaces per dwelling.
2. 
All elevators included in any project shall provide adequate width and length, and shall provide adequate door width for use by any stretchers or other devices used by the Milltown Emergency Service Agencies.
[1]
Editor's Note: See additional off-street parking regulations in Section 34-25.
g. 
Permitted Signs.
1. 
All signs as specified in the R-4 Zone.
2. 
One freestanding sign, nonilluminated, to identify the project/complex name, not exceeding a maximum 24 square feet on all surfaces, not more than eight feet long, with a maximum height of sign and sign base above finished grade level of seven feet. All such signs shall not be located within any required street or driveway sight triangle area. All such signs shall be provided with a monument type base with planter area.
3. 
Unless a specific sign is expressly prohibited in this zone, it shall be deemed prohibited.
[Added 10-15-2019 by Ord. No. 19-1480]
Affordable housing overlay districts are established in order to achieve the general goals as stated in § 34-2, as well as to create an opportunity for the construction of inclusionary housing in the Borough of Milltown. All affordable housing units constructed within these overlay districts shall conform to the applicable provisions in § 34-18, Affordable Housing. The uses contemplated in an overlay zone shall be permitted in addition to the uses permitted in the underlying zone. Bulk and other standards set forth in the overlay zone shall only apply to uses specifically subject to the overlay zone, and not to uses governed by the underlying zone.
The following regulations shall apply in the AHO-1 Multifamily Affordable Housing Overlay Zone:
a. 
Permitted Principal Uses.
1. 
Multifamily residential dwellings, with a minimum of 20% of units set aside for low- and moderate-income households.
b. 
Permitted Accessory Uses.
1. 
Private garage space and parking area for the storage of motor vehicles.
2. 
Private recreational facilities such as, but not limited to, swimming pools and tennis courts, provided these uses shall be noncommercial and that all lighting shall be directed away from all adjacent lots.
3. 
Fences, wall, hedges, and signs.
4. 
Other uses customarily incidental to the permitted principal use.
c. 
Bulk Regulations. Multifamily residential development in the AHO-1 Zone shall comply with the following standards:
1. 
Minimum lot area: 2.5 acres.
2. 
Minimum lot width: 135 feet.
3. 
Minimum lot depth: 200 feet.
4. 
Minimum front yard setback: 50 feet.
5. 
Minimum one side yard setback: 25 feet.
6. 
Minimum two side yard setback: 50 feet.
7. 
Minimum rear yard setback: 50 feet.
8. 
Maximum building Height: three stories/35 feet.
9. 
Maximum lot coverage: 30%.
10. 
Maximum impervious coverage: 60%.
11. 
Maximum gross DU/acre: 15 units per acre.
12. 
Maximum DU/building: 24 units per building.
13. 
Minimum distance between buildings:
(a) 
Windowless wall to windowless wall: 25 feet.
(b) 
Window wall to windowless wall: 30 feet.
(c) 
Window wall to window wall:
(1) 
Front to front: 75 feet.
(2) 
Rear to rear: 50 feet.
(3) 
End to end: 35 feet.
d. 
Parking and other site requirements.
1. 
Off-street parking space with appropriate access thereto shall be provided on the same lot or tract it is intended to serve, in accordance with the following standards:
(a) 
Minimum off-street parking/DU: shall be provided in accordance with New Jersey Residential Site Improvement Standards (RSIS).
(b) 
No parking area shall be located within 50 feet of a front lot line or within 25 feet of any other lot line.
(c) 
Parking garages shall be enclosed and screened from view from public rights-of-way and adjacent properties using the same architectural detailing and finishing as the rest of the building.
2. 
Landscaping and open space shall be provided on the site as follows:
(a) 
A minimum of 25% of the total lot area shall be set aside as open space for the use and benefit of residents of the development. Common open space shall be subject to N.J.S.A. 40:55D-43.
(b) 
A planted buffer area shall be provided along the perimeter of the property to provide an effective year-round screen. The buffer shall be a minimum width of 25 feet. Planting material shall be at least six feet in height at the time of planting.
e. 
Permitted signs.
1. 
All signs as specified in the R-4 Zone at § 34-20.2g.
2. 
One freestanding sign, nonilluminated, to identify the project/complex name, not exceeding a maximum 24 square feet on all surfaces, not more than eight feet long, with a maximum sleight of sign and sign base above finished grade level of seven feet. No such sign shall be located closer than 10 feet to any front lot line or six feet to any side lot line. No such signs shall be located within any required street or driveway sight triangle area. All such signs shall be provided with a monument type base with planter area.
3. 
Unless a specific sign is expressly permitted in this zone, it shall be deemed prohibited.
The following regulations shall apply in the AHO-2 Townhouse and Stacked Affordable Housing Overlay Zone:
a. 
Permitted Principal Uses.
1. 
Townhouses and/or stacked flats, with a minimum of 20% of units set aside for low- and moderate-income households.
b. 
Permitted Accessory Uses.
1. 
Private garage space and parking area for the storage of motor vehicles.
2. 
Private recreational facilities such as, but not limited to, swimming pools and tennis courts, provided these uses shall be noncommercial and that all lighting shall be directed away from all adjacent lots.
3. 
Fences, wall, hedges, and signs.
4. 
Other uses customarily incidental to the permitted principal use.
c. 
Bulk Regulations. Townhouses and stacked flats development in the AHO-2 Zone shall comply with the following standards:
1. 
Minimum lot area: three acres.
2. 
Minimum lot width: 200 feet.
3. 
Minimum lot depth: 250 feet.
4. 
Minimum front yard setback: 50 feet.
5. 
Minimum one side yard setback: 25 feet.
6. 
Minimum two side yard setback: 50 feet.
7. 
Minimum rear yard setback: 50 feet.
8. 
Maximum building height: three stories/35 feet.
9. 
Maximum lot coverage: 25%.
10. 
Maximum impervious coverage: 50%.
11. 
Maximum gross DU/acre: 12 units per acre.
12. 
Maximum DU/building: eight units per building.
13. 
Minimum distance between buildings:
(a) 
Windowless wall to windowless wall: 25 feet.
(b) 
Window wall to windowless wall: 30 feet.
(c) 
Window wall to window wall:
(1) 
Front to front: 75 feet.
(2) 
Rear to rear: 50 feet.
(3) 
End to end: 35 feet.
d. 
Parking and Other Site Design Requirements.
1. 
Off-street parking space with appropriate access thereto shall be provided on the same lot or tract it is intended to serve, in accordance with the following standards:
(a) 
Minimum off-street parking/DU: shall be provided in accordance with New Jersey Residential Site Improvement Standards (RSIS).
(b) 
No parking area shall be located within 50 feet of a front lot line or within 25 feet of any other lot line.
(c) 
Parking garages shall be enclosed and screened from view from public rights-of-way and adjacent properties using the same architectural detailing and finishing as the rest of the building.
2. 
Landscaping and open space shall be provided on the site as follows:
(a) 
A minimum of 25% of the total lot area shall be set aside as open space for the use and benefit of residents of the development. Common open space shall be subject to N.J.S.A. 40:55D-43.
(b) 
A planted buffer area shall be provided along the perimeter of the property to provide an effective year-round screen. The buffer shall be a minimum width of 25 feet. Planting material shall be at least six feet in height at the time of planting.
e. 
Permitted Signs.
1. 
All signs as specified in the R-4 Zone at § 34-20.2g.
2. 
One freestanding sign, nonilluminated, to identify the project/complex name, not exceeding a maximum 24 square feet on all surfaces, not more than eight feet long, with a maximum height of sign and sign base above finished grade level of seven feet. No such sign shall be located closer than 10 feet to any front lot line or six feet to any side lot line. No such signs shall be located within any required street or driveway sight triangle area. All such signs shall be provided with a monument type base with planter area.
3. 
Unless a specific sign is expressly permitted in this zone, it shall be deemed prohibited.
The following regulations shall apply in the AHO-3 Townhouse and Stacked Affordable Housing Overlay Zone:
a. 
Permitted Principal Uses.
1. 
Townhouses and/or stacked flats, with a minimum of 20% of units set aside for low- and moderate-income households.
b. 
Permitted Accessory Uses.
1. 
Private garage space and parking area for the storage of motor vehicles.
2. 
Private recreational facilities such as, but not limited to, swimming pools and tennis courts, provided these uses shall be noncommercial and that all lighting shall be directed away from all adjacent lots.
3. 
Fences, wall, hedges, and signs.
4. 
Other uses customarily incidental to the permitted principal use.
c. 
Bulk Regulations. Townhouse and stacked flats development in the AHO-3 Zone shall comply with the following standards:
1. 
Minimum lot area: 0.75 acres.
2. 
Minimum lot width: 70 feet.
3. 
Minimum lot depth: 350 feet.
4. 
Minimum front yard setback: 50 feet.
5. 
Minimum one side yard setback: 15 feet.
6. 
Minimum two side yard setback: 30 feet.
7. 
Minimum rear yard setback: 50 feet.
8. 
Maximum building height: three stories/35 feet.
9. 
Maximum lot coverage: 25%.
10. 
Maximum impervious coverage: 50%.
11. 
Maximum gross DU/acre: 12 units per acre.
12. 
Maximum DU/building: eight units per building.
13. 
Minimum distance between buildings:
(a) 
Windowless wall to windowless wall: 25 feet.
(b) 
Window wall to windowless wall: 30 feet.
(c) 
Window wall to window wall:
(1) 
Front to front: 75 feet.
(2) 
Rear to rear: 50 feet.
(3) 
End to end: 35 feet.
d. 
Parking and Other Site Design Requirements.
1. 
Off-street parking space with appropriate access thereto shall be provided on the same lot or tract it is intended to serve, in accordance with the following standards:
(a) 
Minimum off-street parking/DU: shall be provided in accordance with New Jersey Residential Site Improvement Standards (RSIS).
(b) 
No parking area shall be located within 50 feet of a front lot line or within 15 feet of any other lot line.
(c) 
Parking garages shall be enclosed and screened from view from public rights-of-way and adjacent properties using the same architectural detailing and finishing as the rest of the building.
2. 
Landscaping and open space shall be provided on the site as follows:
(a) 
A minimum of 25% of the total lot area shall be set aside as open space for the use and benefit of residents of the development. Common open space shall be subject to N.J.S.A. 40:55D-43.
(b) 
A planted buffer area shall be provided along the perimeter of the property to provide an effective year-round screen. The buffer shall be a minimum width of 15 feet. Planting material shall be at least six feet in height at the time of planting.
e. 
Permitted Signs.
1. 
All signs as specified in the R-4 Zone at § 34-20.2g.
2. 
One freestanding sign, nonilluminated, to identify the project/complex name, not exceeding a maximum 24 square feet on all surfaces, not more than eight feet long, with a maximum height of sign and sign base above finished grade level of seven feet. No such sign shall be located closer than 10 feet to any front lot line or six feet to any side lot line. No such signs shall be located within any required street or driveway sight triangle area. All such signs shall be provided with a monument type base with planter area.
3. 
Unless a specific sign is expressly permitted in this zone, it shall be deemed prohibited.
The following regulations shall apply in the AHO-4 Multifamily Affordable Housing Overlay Zone:
a. 
Permitted Principal Uses.
1. 
Multifamily residential dwellings, with a minimum of 20% of units set aside for low- and moderate-income households.
b. 
Permitted Accessory Uses.
1. 
Private garage space and parking area for the storage of motor vehicles.
2. 
Private recreational facilities such as, but not limited to, swimming pools and tennis courts, provided these uses shall be noncommercial and that all lighting shall be directed away from all adjacent lots.