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; amended 11-9-2020 by Ord. No. 2020-1494]
No member of the Planning Board 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; amended 11-9-2020 by Ord. No. 2020-1494]
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
Planning 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 Planning 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; amended 11-9-2020 by Ord. No. 2020-1494]
a.
Meetings of the Planning Board 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 the Planning 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; amended 11-9-2020 by Ord. No. 2020-1494]
Fees, forms, and any other required documents for the applications
or for the rendering of any service by the Planning Board 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; amended 11-9-2020 by Ord. No. 2020-1494]
a.
Rules. The Planning Board 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. The 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; amended 11-9-2020 by Ord. No. 2020-1494]
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 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; amended 11-9-2020 by Ord. No. 2020-1494]
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
shall he 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 he 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; amended 11-9-2020 by Ord. No. 2020-1494]
An appeal to the Planning Board acting as 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; amended 11-9-2020 by Ord. No. 2020-1494]
Any interested party may appeal to the Governing Body any final
decision of the Planning Board acting as the Zoning Board of Adjustment
approving an application for development pursuant to NJ.S.A. 40:55D-70(d).
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;
amended 11-9-2020 by Ord. No. 2020-1494]
At the request of the developer, the Planning 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 Planning Board shall not be bound by any such review. Informal review shall not be available for any concept plan which would require relief from the Planning Board acting as the Board of Adjustment pursuant to N.J.S.A. 40:55D-70(d).
[Ord. No. 919 Art. VI,
A; amended 11-9-2020 by Ord. No. 2020-1494]
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 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 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. 64
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 Historic Preservation 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; amended 11-9-2020 by Ord. No. 2020-1494]
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 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; amended 11-9-2020 by Ord. No. 2020-1494S]
There shall be four 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;" "Alternate No. 2;" "Alternate No. 3;" and "Alternate
No. 4." 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 two alternate members 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 filed by the
Planning Board for the unexpired tern 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 the alternate
member 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 first, followed by Alternate No. 2, then followed
by Alternate No. 3, and then followed by Alternate No. 4
[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; amended 11-9-2020 by Ord. No. 2020-1494]
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,
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.
i.
To exercise, to the same extent and subject to the same restrictions, all powers of a Board of Adjustment; but the Class I and the Class III Members shall not participate in the consideration of applications for development which involve relief pursuant to subsection d of Section 57 of P.L. 1975, c. 291, NJ.S.A. 40:55D-70; and no alternate member shall vote in place of a Class I or Class III member not participating in an application under this section.
[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.
[Amended 11-9-2020 by Ord. No. 2020-1494]
[Ord. No. 919 Art. VII,
A; amended 11-9-2020 by Ord. No. 2020-1494]
The Planning Board, as constituted in Section 9 in this Chapter,
shall exercise, to the same extent and subject to the same restrictions,
all powers of the Board of Adjustment, but the Class I and the Class
III Members shall not participate in the consideration of applications
for development which involve relief pursuant to subsection d. of
Section 57 of P.L. 1975, c. 291, NJ.S.A. 40:55D-70. All other references
in this chapter to the "Zoning Board of Adjustment," the "Zoning Board,"
or the "Board of Adjustment" shall mean the Planning Board.
[Ord. No. 919 Art. VII,
B; repealed 11-9-2020 by Ord. No. 2020-1494]
[Ord. No. 919 Art. VII,
C; repealed 11-9-2020 by Ord. No. 2020-1494]
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; repealed 11-9-2020 by Ord. No. 2020-1494]
[Ord. No. 919 Art. VII,
E; repealed 11-9-2020 by Ord. No. 2020-1494]
[Ord. No. 919 Art. VII,
F' repealed 11-9-2020 by Ord. No. 2020-1494]
[Ord. No. 919 Art. VIII,
G; amended 11-9-2020 by Ord. No. 2020-1494]
As permitted by the Municipal Land Use Law (N.J.S.A. 40:55D-25(c)), the Borough of Milltown, having a population of less than 15,000 persons or less, herein provides that the nine member Planning Board created in Section 34-9 shall be authorized to exercise, to the same extent and subject to the same restrictions, all powers of a Zoning Board of Adjustment as specified below. Since the powers and jurisdiction of the Zoning Board of Adjustment have been deleted to it by the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), the Planning Board shall in all cases follow the provisions appliable to it in said statute. Specifically, the Planning Board 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 from 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 Planning Board acting as the Zoning Board of Adjustment shall act. Class I and the Class III Members shall not participate in the consideration of applications for development which involve relief pursuant to subsection d. of Section 57 of P.L. 1975, c. 291, N.J.S.A. 40:55D-70; and no alternate member shall vote in place of a Class I or Class III member not participating in an application under this section.
[Ord. No. 919 Art. VII,
H; amended 11-9-2020 by Ord. No. 2020-1494]
In addition, the Planning Board acting as 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 Planning Board acting as 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 Planning Board acting as the
Zoning Board of Adjustment, consistent with N.J.S.A. 40:55D-76.
e.
Issue a certificate authorizing the continuation of a nonconforming
use or structure pursuant to N.J.S.A. 40:55D-68.
[Ord. No. 919 Art. VII,
I; amended 11-9-2020 by Ord. No. 2020-1494]
a.
Appeals to the Planning Board acting as the Zoning 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 Planning
Board acting as the Zoning Board of Adjustment for action under any
of its powers without prior application to an Administrative Officer.
[Ord. No. 919 Art. VII,
J; amended 11-9-2020 by Ord. No. 2020-1494]
The Planning Board acting as 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; amended 11-9-2020 by Ord. No. 2020-1494]
An appeal to the Planning Board acting as 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 Planning Board acting
as 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; amended 11-9-2020 by Ord. No. 2020-1494]
The Planning Board acting as 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; amended 11-9-2020 by Ord. No. 2020-1494]
Any variance from the terms of this chapter hereafter granted
by the Planning Board acting as the Zoning 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 Planning Board acting as 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
Planning Board acting as the Zoning 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; repealed 11-9-2020 by Ord. No. 2020-1494]
[Ord. No. 919 Art. VIII; Ord. No. 07-1253; Ord.
No. 13-1378 § 1; Ord.
No. 13-1382 § 1]
As used in this chapter:
Shall mean an accessory building or use is one which:
Is subordinate to and serves an ancillary purpose to a principal
building or principal use; and
Is subordinate in area, extent, or purpose to the principal
building or principal use served; and,
Contributes to the comfort, convenience or necessity of occupants
of the principal building or principal use served;
Is located on the same zoning lot as the principal building
or principal use served.
Shall mean the Borough Planner of the Borough of Milltown,
or such other person as designated by the Mayor.
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.
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.
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.
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.
Shall mean the Planning Board when acting pursuant to the
authority of the Municipal Land Use Law.
[Amended 11-9-2020 by Ord. No. 2020-1494]
Shall mean that part of a building which is immediately below
and wholly or partly within the roof framing. See Story, Half.
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.
Shall mean establishments primarily engaged in furnishing
automotive repair, rental, leasing and/or parking services to the
general public.
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.
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.
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.
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.
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.
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.
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.
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.
Shall mean a building or use in which is conducted the main
or principal use of the lot on which the building is situated.
Shall mean the term used to describe the size and mutual
relationships of buildings and other structures and includes:
The size of buildings and other structures; and
The shape of buildings and other structures; and
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
All open spaces relating to a building or structure.
Shall mean a retaining wall created along a body of water
behind which fill is placed.
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.
Shall mean the diameter of a tree trunk measured in inches,
and measured 24 inches above ground level for all trees.
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.
Shall mean that portion of a building which is partly or
completely below grade and having at least 1/2 its height below grade.
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.
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.
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.).
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.
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.
Shall mean an application form completed as specified by
ordinance and the rules and regulations of the Planning 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 Planning Board, and shall
he 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.
[Amended 11-9-2020 by Ord. No. 2020-1494]
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 Planning Board acting as the Zoning
Board of Adjustment.
[Amended 11-9-2020 by Ord. No. 2020-1494]
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.
Shall mean that person designated by salary guide title in
the municipality pursuant to the Uniform Construction Code of the
State of New Jersey.
Shall mean that person designated by salary guide title to
accept and agendize incoming applications and amendments and revisions
thereto.
Shall mean a change in the use of land or structure.
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.
Shall mean the permanently established grade of the curb
top in front of a lot.
Shall mean calendar days.
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.
Shall mean to partially or completely take down a structure.
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.
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.
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.
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."
Shall mean an establishment where patrons dance to recorded
music and may also feature go-go dancers.
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.
Shall mean a building or portion thereof which encourages
or permits customers to conduct personal financial transactions while
remaining in their motor vehicles.
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.
Shall mean a building designed or used exclusively as the
living quarters for one or more families.
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.
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.
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.
Shall mean a dwelling unit consisting of not more than one
habitable room together with kitchen or kitchenette and sanitary facilities.
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.
Shall mean a building designed for or occupied exclusively
by three or more families or households living independently of each
other.
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.
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.
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.
Shall mean a building for or occupied exclusively by two
(2) families or households living independently of each other.
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.
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.
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.
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice, gravity, whether naturally or humanly induced.
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.
Shall mean an exterior wall of a building exposed to public
view.
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:
Shall mean an artificially constructed barrier erected for
the enclosure of yard areas.
Shall mean the official action of the Planning 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.
[Amended 11-9-2020 by Ord. No. 2020-1494]
Shall mean the final map of all or a portion of the subdivision
which is presented to the Planning 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.
[Amended 11-9-2020 by Ord. No. 2020-1494]
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.
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.
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:
Floor space used for heating, ventilating and air conditioning
equipment with structural headroom of seven (7) feet, six (6) inches
or more.
Attic space and basement space where a floor has actually been
laid, providing structural headroom of seven (7) feet, six (6) inches
or more.
Interior balconies and mezzanines.
Enclosed porches.
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However, the floor area of a building shall not include:
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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
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b. Elevator shafts and stairwells, accessory water tanks and
cooling towers.
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c. Floor space used for heating, ventilating and air conditioning
equipment, with structural headroom of less than seven feet, six inches.
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d. Attic space, whether or not a floor has actually been laid,
providing structural headroom of less than seven feet, six inches.
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e. Uncovered steps.
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f. Terraces, breezeways and open porches.
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g. Accessory off-street parking spaces.
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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.
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.
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.
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.
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.
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.
Shall mean the completed elevation of surfaces of lawns,
walks and pavement as shown on official plans or designs.
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.
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.
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.
Shall mean any activity carried out for gain by a resident
conducted as an accessory use in the resident's dwelling.
Shall mean a home occupation consisting of the office of
a practitioner of a recognized profession.
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.
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.
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.
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.
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.
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:
Increase of 10% or more in parking required for the site.
Increase in more than 10% lot coverage on the site.
Increase in more than 10% of the intensity of traffic, pedestrian
or vehicular, generated.
Increase of more than 10% of employees with a maximum permitted
increase (without site plan approval) of two employees.
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.
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.
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.
Shall mean a structure or rooms equipped for conducting scientific
experiments, analysis, examinations, research, testing and/or other
experimental technical work.
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.
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.
Shall mean a ratio between the building area and lot area
expressed in terms of a percentage of the total lot area.
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.
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.
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.
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.
Shall mean any lot which is not a front lot line or a rear
lot line.
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.
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.
Shall mean all site plans not defined as minor site plans.
Shall mean all subdivisions not classified as minor subdivisions.
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.
Shall mean a building that contains establishments dispensing
health services.
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.
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.
Shall mean a subdivision classified as a minor subdivision
shall meet the following requirements:
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.
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.
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.
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.
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.
Shall mean the specific purpose for which land or a building
is used, designed, or maintained.
Shall mean located outside the lot lines of the lot in question
but within the property (of which the lot is a part) which is the
subject of a development application or contiguous portion of a street
or right-of-way.
Shall mean 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.
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.
Shall mean located on the lot in question.
Shall mean located on the property which is the subject of
a development application or on a contiguous portion of a street or
right-of-way.
Shall mean any 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.
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.
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.
Shall mean an off-street space for the parking of a motor
vehicle, with minimum dimensions of nine feet by 18 feet.
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.
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.
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.
See Church.
Shall mean the conferral of certain rights prior to final
approval after specific elements of a development plan have been approved
by the Planning Board.
[Amended 11-9-2020 by Ord. No. 2020-1494]
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.
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.
Shall mean a lot or parcel line that defines the limits of
ownership.
Shall mean:
Public parks, playgrounds, trails, paths and other recreational
areas;
Other public open spaces;
Scenic and historic sites; and
Sites for school and other public buildings and structures,
including the uses of all municipal, County, State, regional and Federal
government agencies.
Public rights-of-way, cartways and easements.
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.
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.
Shall mean any leisure time activity not considered active.
Shall mean to partially or completely move a structure substantially
intact.
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.
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.
Shall mean an establishment which has one or more of the
following characteristics:
Serves primarily ready-to-eat foods, frozen desserts, or beverages
in edible or paper, plastic, or disposable containers;
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;
Devotes 45% or more of the establishment's gross floor area
to food preparation, storage, or related activities; or
Serves foods through a drive-in or drive-thru window.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Shall mean a temporary sign announcing or supporting political
candidates or issues in connection with any national, State or local
election.
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.
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.
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.
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.
Shall mean a sign or plate listing the tenants or occupants
of a building and their respective professions or business activities.
Shall mean any nonmovable sign not affixed to a building.
Shall mean any sign supported by uprights or braces and not
attached to any building.
Shall mean a sign lighted by or exposed to artificial lighting
either by lights on or in the sign or directed towards the sign.
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.
Shall mean a sign that is not permanent or affixed to a building,
structure or the ground.
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.
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.
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.
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.
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.
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.
Shall mean a development plan of one or more lots on which
is shown details required pursuant to this chapter.
Shall mean a map of a subdivision of sufficient accuracy
to be used for the purpose of discussion and classification of the
application.
Shall mean any premises dedicated to the display, sale, distribution,
delivery, offering, furnishing, or marketing of tobacco products,
or tobacco paraphernalia, including providing an area for smoking
tobacco products; and provided that any grocery store, supermarket,
convenience store or similar retail use, as well as any hookah lounge
shall be excluded from the definition of smoke shop. Any area for
"smoking" shall mean the burning of, inhaling of, inhaling from, exhaling
the smoke from, or the possession of a lighted cigar, cigarette, pipe
or any other matter or substance which contains tobacco or any other
matter that can be smoked, or the inhaling or exhaling of smoke or
vapor from an electronic smoking device.
[Added 9-13-2021 by Ord. No. 2021-1502]
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.
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."
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.
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.
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.
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.
See Church.
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.
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.
See Church.
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.
Shall mean a use established for a fixed period of time with
the intent to discontinue use upon the expiration of the time period.
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.
Shall mean any premises dedicated to the display, sale, distribution,
delivery, offering, furnishing, or marketing of electronic smoking
devices, liquid nicotine, liquid nicotine containers or vapor product
as defined by N.J.S.A. 26:3D-57; N.J.S.A. 2A170-51.9(a)(2); N.J.S.A.
2A170-51.9(a)(3); and N.J.S.A. 2A170-51.9(a)(4), including an area
for vaping; and provided that any grocery store, supermarket, convenience
store or similar retail use, as well as any hookah lounge shall be
excluded from the definition of vape shop. An "area for vaping" shall
mean the inhaling or exhaling of smoke or vapor from any electronic
smoking device.
[Added 9-13-2021 by Ord. No. 2021-1502]
Shall mean permission to depart from the literal requirements
of a zoning ordinance.
Shall mean any artificially constructed pool, not designed
or used for swimming, with a maximum depth of 18 inches.
Shall mean a. The vertical exterior surface of a building;
b. Vertical interior surfaces which divide a building's space into
rooms.
Shall mean a building used primarily for the storage of goods
and materials.
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.
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.
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.
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.
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; amended 11-9-2020 by Ord. No. 2020-1494]
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
Planning 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.
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
|
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.
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; amended 11-9-2020 by Ord. No. 2020-1494]
a.
Applications.
1.
Escrow Deposits for Professional Services:
(a)
The Planning Board 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, 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 Planning 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:
(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.
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:
(2)
Site
plan applications (fees shall be in addition to any required variances):
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 twenty 20% of the original escrow fee, when and as determined
by the Planning 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 Planning 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 Planning 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 shall hear
and decide whether such fees are reasonable and the applicant may
appeal the decision of the Planning Board to the Governing Body, provided
the applicant shall provide the Governing Body such transcripts of
the Planning Board 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 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. The applicant shall be responsible for any
costs incurred by the Planning Board 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 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:
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J. S.
A. 52:27D-301 et seq.)
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
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.
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which new restricted
units in an affordable housing development arc affordable to low-
and moderate-income households.
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.
A housing development all or a portion of which consists
of restricted units.
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.
Any mechanism in a municipal Fair Share Plan prepared or
implemented to address a municipality's fair share obligation.
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.
the New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
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.
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.
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.
A household that has been certified by an administrative
agent as a low-income household or moderate-income household.
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.).
The State of New Jersey Department of Community Affairs.
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.
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.
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.
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.
A household with a total gross annual household income equal
to 50% or less of the median household income.
A restricted unit that is affordable to a low-income household.
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.
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
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.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income
household.
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.
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).
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.
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
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.
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).
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.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
A household with a total gross annual household income equal
to 30% or less of the median household income.
A restricted unit that is affordable to a very-low-income
household.
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:
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.
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:
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.
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:
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.
The following terms, as used in this section, shall have the
following meanings:
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.
The New Jersey Council on Affordable Housing established
under the Fair Housing Act or any successor agency.
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.
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:93-8.
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).
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; 4-12-2021 by Ord. No. 2021-1496]
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
|
|
AHO-7
|
Multifamily affordable housing overlay
|
[Ord. No. 919 Art. XIV,
B; Ord. No. 978; amended 12-2-2019 by Ord. No. 19-1484; 4-12-2021 by Ord. No. 2021-1496]
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]
a.
Zoning
Map Amendments.
1.
Ord. No. 19-1484: Chapter 34, Article 19, Section 2, Zoning Map, is hereby amended to place an overlay zone in addition to the existing underlying zoning for the following properties as shown on the official tax maps of the Borough of Milltown:
|
Tax Lots
|
New Overlay Zone
|
|---|---|
|
Block 73, Lot 1.03
|
AHO-1
|
|
Block 58, Lot 1.04
|
AHO-2
|
|
Block 85, Lots 6.01, 7 - 9 and 9.03
|
AHO-3
|
|
Block 74, lots 5 and 6.01 - 6.02, 6.04 - 6.05
|
AHO-4
|
|
Block 27, Lots 3.01 and 3.04
|
AHO-5
|
|
Block 84.02, Lots 1.06 and 1.10 - 1.12.
|
AHO-6
|
[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; amended 11-9-2020 by Ord. No. 2020-1494]
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 Planning Board acting
as 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.
[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:
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.
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.
5.
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in section 3
of P.L. 2021, c. 16, but not the delivery of cannabis items and related
supplies by a delivery service.
[Added 7-19-2021 by Ord. No. 2021-1500]
6.
Alternative Treatment Centers as defined in P.L. 2009, c. 307 (N.J.S.A.
24:6I-3) and the regulations implementing P.L. 2009, c. 307 (N.J.A.C.
8:64-2).
[Added 7-19-2021 by Ord. No. 2021-1500]
7.
Smoke shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
8.
Vape shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
f.
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:
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.
5.
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in section 3
of P.L. 2021, c. 16, but not the delivery of cannabis items and related
supplies by a delivery service.
[Added 7-19-2021 by Ord. No. 2021-1500]
6.
Alternative Treatment Centers as defined in P.L. 2009, c. 307 (N.J.S.A.
24:6I-3) and the regulations implementing P.L. 2009, c. 307 (N.J.A.C.
8:64-2).
[Added 7-19-2021 by Ord. No. 2021-1500]
7.
Smoke shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
8.
Vape shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
[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:
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.
5.
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in section 3
of P.L. 2021, c. 16, but not the delivery of cannabis items and related
supplies by a delivery service.
[Added 7-19-2021 by Ord. No. 2021-1500]
6.
Alternative Treatment Centers as defined in P.L. 2009, c. 307 (N.J.S.A.
24:6I-3) and the regulations implementing P.L. 2009, c. 307 (N.J.A.C.
8:64-2).
[Added 7-19-2021 by Ord. No. 2021-1500]
7.
Smoke shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
8.
Vape shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
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:
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:
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.
5.
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in section 3
of P.L. 2021, c. 16, but not the delivery of cannabis items and related
supplies by a delivery service.
[Added 7-19-2021 by Ord. No. 2021-1500]
6.
Alternative Treatment Centers as defined in P.L. 2009, c. 307 (N.J.S.A.
24:6I-3) and the regulations implementing P.L. 2009, c. 307 (N.J.A.C.
8:64-2).
[Added 7-19-2021 by Ord. No. 2021-1500]
7.
Smoke
shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
8.
Vape shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
[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:
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.
5.
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in section 3
of P.L. 2021, c. 16, but not the delivery of cannabis items and related
supplies by a delivery service.
[Added 7-19-2021 by Ord. No. 2021-1500]
6.
Alternative Treatment Centers as defined in P.L. 2009, c. 307 (N.J.S.A.
24:6I-3) and the regulations implementing P.L. 2009, c. 307 (N.J.A.C.
8:64-2).
[Added 7-19-2021 by Ord. No. 2021-1500]
7.
Smoke shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
8.
Vape shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
[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:
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.
5.
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in section 3
of P.L. 2021, c. 16, but not the delivery of cannabis items and related
supplies by a delivery service.
[Added 7-19-2021 by Ord. No. 2021-1500]
6.
Alternative Treatment Centers as defined in P.L. 2009, c. 307 (N.J.S.A.
24:6I-3) and the regulations implementing P.L. 2009, c. 307 (N.J.A.C.
8:64-2).
[Added 7-19-2021 by Ord. No. 2021-1500]
7.
Smoke shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
8.
Vape shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
[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:
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.
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
Planing Board as a result of their analysis and review of the submitted
Environmental Impact Statement.
[Amended 11-9-2020 by Ord. No. 2020-1494]
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.
5.
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in section 3
of P.L. 2021, c. 16, but not the delivery of cannabis items and related
supplies by a delivery service.
[Added 7-19-2021 by Ord. No. 2021-1500]
6.
Alternative Treatment Centers as defined in P.L. 2009, c. 307 (N.J.S.A.
24:6I-3) and the regulations implementing P.L. 2009, c. 307 (N.J.A.C.
8:64-2).
[Added 7-19-2021 by Ord. No. 2021-1500]
7.
Smoke shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
8.
Vape shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
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:
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.
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.
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.
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.
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.
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.
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.
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.
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-4 Zone
shall comply with the following standards:
1.
Minimum
lot area: 0.5 acres.
2.
Minimum
lot width: 100 feet.
3.
Minimum
lot depth: 100 feet.
4.
Minimum
front yard setback: 30 feet.
5.
Minimum
one side yard setback: 15 feet.
6.
Minimum
two side yard setback: 30 feet.
7.
Minimum
rear yard setback: 30 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.
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 30 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 sane 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.
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-5 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-5
Zone shall comply with the following standards:
1.
Minimum
lot area: 1.5 acres.
2.
Minimum
lot width: 150 feet.
3.
Minimum
lot depth: 450 feet.
4.
Minimum
front yard setback: 50 feet.
5.
Minimum
one side yard setback: 20 feet.
6.
Minimum
two side yard setback: 40 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.
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 seventy (75) feet of a front
lot line or within 20)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 20 feet. Planting material shall be at least
six feet in height at the time of planting
e.
Permitted
Signs.
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-6 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 tenths 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-6 Zone
shall comply with the following standards:
1.
Minimum
lot area: eight acres.
2.
Minimum
lot width: 450 feet.
3.
Minimum
lot depth: 700 feet.
4.
Minimum
front yard setback: 50 feet.
5.
Minimum
one side yard setback: 50 feet.
6.
Minimum
two side yard setback: 100 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.
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 any 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 50 feet. Planting material shall be at least
six feet in height at the time of planting.
e.
Permitted
Signs.
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.
[Added 4-12-2021 by Ord. No. 2021-1496]
The following regulations shall apply in the AHO-7 Multifamily
Affordable Housing Overlay Zone, and in the event of a conflict between
the provisions of this section and other sections of the Borough's
development regulations with respect to the development of the uses
permitted herein, the provisions of this AHO-7 Multifamily Affordable
Housing Overlay Zone shall govern:
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 areas 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.
Community clubhouse space for use by residents and their guests.
4.
Pocket parks.
5.
Fences, wall, hedges, and signs.
6.
Other uses customarily incidental to the permitted principal use.
c.
Bedroom and Income Distribution.
1.
The bedroom and income distribution of low- and moderate-income units
shall comply with N.J.A.C. 5:80-26.1 et seq. (i.e., the "Uniform Housing
Affordability Controls").
2.
Thirteen percent of the low- and moderate-income units shall be reserved
for very-low-income households pursuant to N.J.S.A. 52:27D-329.1 (i.e.,
the "Fair Housing Act").
3.
No more than 20% of market rate units may be three-bedroom units.
d.
Bulk Regulations.
1.
Minimum lot area: eight acres (prior to any right-of-way dedications).
2.
Minimum lot width: 450 feet.
3.
Minimum lot depth: 700 feet.
4.
Minimum setback from Ryders Lane to any principal structure: 50 feet.
5.
Minimum setback from the New Jersey Turnpike and New Jersey Turnpike
Service Road to any principal structure: 50 feet.
6.
Minimum setback from all other lot lines to any principal structure:
35 feet.
7.
Minimum setback from any high pressure gas transmission line easement
to any principal structure: 65 feet.
9.
Maximum lot coverage: 30%.
10.
Maximum impervious coverage: 65%.
11.
Maximum gross DU/acre: 15 dwelling units per acre up to a maximum
of 279 units on Block 84.02, Lots 1.06 and 1.12 combined. The density
may be transferred between Block 84.02, Lots 1.06 and 1.12 such that
the maximum gross density on Lot 1.06 does not exceed 22 dwelling
units per acre or 190 units, whichever is less.
e.
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 per each dwelling unit: shall be
provided in accordance with N.J.A.C. 5:21-1.1 et seq. ("New Jersey
Residential Site Improvement Standards" or "RSIS").
(b)
There is no minimum off-street parking requirement for a community
clubhouse that is for the exclusive use of residents and their guests.
(c)
The minimum setback of any parking area from any lot line shall
be 15 feet except the minimum setback of any parking area from the
lot line along the New Jersey Turnpike service road shall be five
feet.
(d)
Parking garages shall be enclosed and screened from view from
any public right-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 30% of the total lot area shall be landscaped,
and/or devoted to active or passive recreational areas including the
community clubhouse.
(b)
A planted buffer area and/or natural buffer area shall be provided
along the perimeter of the property. Planting material shall be at
least six feet in height at the time of planting.
f.
Permitted Signs.
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.
One advertising and/or commercial sign, permitted only on the portion
of the property adjacent to the New Jersey Turnpike within the rear
yard setback subject to a height limitation of 40 feet and a maximum
area of 100 square feet.
4.
Unless a specific sign is expressly permitted in this zone, it shall
be deemed prohibited.
g.
Development Standards.
1.
Multiple principal buildings on a lot are permitted, and there shall
be no minimum lot area, depth, width or yard requirements governing
development other than as established herein.
2.
Buildings may be developed without frontage on a public street, so
long as such building is provided access to a public street by means
of an improved driveway.
[Ord. No. 919 Art. XV,
H; Ord. No. 07-1253 § 1; Ord. No. 13-1378 § 3; Ord. No. 13-1382 § 3]
The following regulations shall apply in the B-1 Commercial
District Zone:
a.
Purpose. Commercial Districts are established in order to achieve the general goals as stated in Section 34-2 and for the following specific purposes:
1.
Encourage the tendency of commercial activity to the mutual advantage
of both customers and merchants and thereby promote public convenience
and prosperity.
2.
Promote the creation of a pedestrian oriented commercial environment
which encourages maximum pedestrian activity.
3.
Encourage a maximization of off-street parking facilities to service
the commercial activity.
4.
Promote aesthetically and visually harmonious development throughout
the B-1 District.
c.
Permitted Accessory Uses.
1.
Off-street parking spaces.
2.
Off-street loading spaces.
3.
Residential use above commercial uses, apartment not occupying ground
floor, not exceeding 33% of total combined floor area. In no instance
shall a commercial business, professional or government use be located
above a residential use or on the same floor as a residential use.
4.
Fences, walls, and hedges.
d.
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.
2.
Satellite dish antennas.
3.
Churches, synagogues and other similar places of worship.
4.
Funeral homes.
5.
Assembly halls.
6.
Government and public buildings.
7.
Public and private educational institutions operated for profit or
nonprofit.
8.
Automobile service stations and repair shops; gas stations.
9.
Two family dwellings.
10.
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.
11.
Home professional offices.
e.
Bulk Regulations.
1.
The requirements of 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.
f.
Prohibited Uses.
1.
Used and new automobile and truck dealerships and rental agencies
therein.
2.
Fast-food and drive-in restaurants.
3.
Any industrial process, manufacture, assembly or treatment.
4.
Car washes.
5.
Lumber, fuel and building material storage works and lawn and garden
shops.
6.
Wholesale laundries, dyeing and cleaning works.
7.
Arcades and amusement centers where more than 10% of the retail floor
area of the business is occupied by two or more of any of the following,
exclusively or combined: Pool table, pinball, electronic games and/or
other amusement machines or devices of any kind. This prohibition
includes but is not limited to machines and/or devices requiring electric
current to be operable. Nothing herein shall be construed to prohibit
the installation of the aforesaid games and amusements in a retail
business establishment otherwise unrelated to the operation of such
device.
8.
Any process or storage use that may be noxious or injurious by reason
of the production or emission of dust, smoke, refuse matter, gas fumes,
noise, vibration or similar substances or conditions is specifically
prohibited.
9.
Billboards or signs painted or mounted upon the exterior side or
rear walls of any principal or accessory building or structure.
10.
All residential, service, commercial or industrial uses not specifically
permitted in this zone.
11.
Drive-in or drive-through features for restaurants, banks or any
other food, personal service or business establishment.
12.
Adult bookstores and amusement facilities.
13.
In no case shall residential usage be permitted on the same floor
with retail, business, commercial or office usage.
14.
Any exterior storage of goods or materials.
15.
Live entertainment, go-go bars, juice bars and/or cabarets with live
entertainment.
16.
Hookah lounges.
17.
Tattoo/piercing parlors.
18.
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in section 3
of P.L. 2021, c. 16, but not the delivery of cannabis items and related
supplies by a delivery service.
[Added 7-19-2021 by Ord. No. 2021-1500]
19.
Alternative Treatment Centers as defined in P.L. 2009, c. 307 (N.J.S.A.
24:6I-3) and the regulations implementing P.L. 2009, c. 307 (N.J.A.C.
8:64-2).
[Added 7-19-2021 by Ord. No. 2021-1500]
20.
Smoke shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
21.
Vape shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
g.
Off-Street Parking and Loading.[1]
1.
Off-street parking facilities, in addition to all other parking and
off-street facilities required, on the basis of two spaces for every
dwelling unit in accordance with the provisions of this section, shall
be created at an onsite location.
2.
For permitted business and service establishments: one parking space
for each 400 square feet of gross floor area of the establishment
shall be created at an on-site or off-site location.
3.
Off-street loading berths for all retail and commercial establishments
having a gross floor area in excess of 1,000 square feet:
|
1,000 - 8,000 square feet = 1 loading space
|
|
8,001 - 25,000 square feet = 2 loading spaces
|
|
25,001 - 50,000 square feet = 3 loading spaces
|
|
50,001 - 100,000 square feet = 4 loading spaces
|
|
100,001 - 250,000 square feet = 5 loading spaces
|
|
Each 100,000 square feet above = 1 additional loading space
|
4.
Public and private parking lots are permitted.
5.
Restaurants: one off-street parking space per each three seats, plus
one space per employee on the maximum shift.
6.
Banks: one space for each 100 square feet of gross floor area shall
be created at an on-site or off-site location.
7.
For any type of medical professional office, off-street parking shall
be provided at the rate of three off-street parking spaces for each
professional staff member plus one space for each permanent employee,
or, one parking space for each 100 square feet or gross floor area,
whichever is greater.
8.
For any other type of permitted use refer to Design Standards and
Details.
h.
Additional Regulations.
1.
Where a nonresidential use is contiguous to a residential use or
zone, there shall be a landscaped buffer strip along the perimeter
of the property where it is contiguous to such residential property
or zone. Such buffer strip shall be at least 10 feet in depth measured
from the residential property line. The ten-foot width of the buffer
strip shall be used as a planting strip on which shall be placed a
fence and plant material (trees, shrubs, plants) a minimum of six
feet in height. At least 50% of all planted materials shall be of
evergreen species.
2.
The Planning Board, when analyzing commercial development applications,
shall require the applicant to make a reasonable effort to provide
harmonious architectural interrelationship of the front facade and
signage of the application site, consistent with the front facade
and signage of the existing structures on either side of the application
site. This shall be accomplished by architectural renderings, comparative
photographs, etc.
[Amended 11-9-2020 by Ord. No. 2020-1494]
3.
All elevators included in any project within this zone shall provide
adequate width and length within the elevator car, and shall provide
adequate elevator door width for use by any and all stretchers and
such other victim transport utensils or other devices used by the
Milltown Emergency Services Agencies.
i.
Permitted Signs.
1.
One facia or wall sign which is affixed to an exterior wall of the
building and which projects outward from the wall to which it is attached
no more than six inches and which does not extend above the parapet,
eave or building facade. The maximum permitted facade sign height
shall be 15 feet above the front sidewalk elevation. The area of one
side of a facia sign shall not exceed an area equal to 5% of the ground
floor building facade area.
2.
Barber poles located at barber shops. Traditional barber poles which
revolve are permitted.
3.
No neon sign or similar illuminated advertisement shall be of such
a color or located in such a fashion as to diminish or detract in
any way from the effectiveness of any traffic signal or similar official
safety or warning device.
4.
One wall sign shall be permitted on any side or rear wall not facing
adjoining a residential use or zone. Such wall sign shall not exceed
10 square feet, may not be lighted.
5.
Unless a specific sign is expressly permitted in this zone, it shall
be deemed prohibited.
6.
Awnings and Awning Signs. Awnings shall be permitted subject to the
following provisions:
(a)
Fixed or retractable awnings are permitted at the ground floor
level and on upper floor levels where appropriate, provided they complement
a building's architectural style, are compatible with its materials,
colors and details, and do not conceal a building's architectural
features.
(b)
Awnings shall be constructed of fire-resistant canvas material;
iridescent/reflective or DayGlo™ colors
will not be permitted. Frame construction shall be of aluminum or
rust-resistant metal.
(c)
Signage shall be permitted on the awning. If the letters and
numbers do not exceed four inches in height and if these letters and
numbers do not exceed five square feet in total area and should there
be no additional lettering or graphics on the awning, then this sign
shall be excluded from the maximum wall signage area permitted.
(d)
Both wall and awning signs may be permitted; however, the maximum
signage area permitted for all signs shall not be exceeded by the
combined wall and awning sign areas.
(e)
Awning signage which is not located on the vertical fringe area
or which exceeds four inches in height or five square feet in area
as described in paragraph (c) above shall be considered as a wall
sign and subject to the requirements of wall signs.
(f)
The bottom of the awning shall be at least eight feet above
grade level. The edge of the awning shall not be more than four feet
from the wall or 50% of the width of the sidewalk, whichever is less;
provided that the edge of the awning shall be at least two feet from
the curbline.
(g)
Lighting of the awning, signage on the awning or the area under
its canopy is permitted and shall comply with the regulations contained
in Article XVIII Planning Performance Standards, Specific Standards,
Section A23-Signs.
(h)
Awnings and/or awning signs in existence when this ordinance
amendment was adopted may be continued on the lot or structure although
they may not conform to this chapter, and may be maintained, restored
or repaired in the event of partial destruction, provided that the
awning and/or signage on the awning shall not be enlarged, extended,
relocated, converted or altered except in conformity with this chapter.
[Ord. No. 919 Art. XV,
I; Ord. No. 957 § 1; Ord. No. 13-1378 § 3; Ord. No. 13-1382 § 3]
The following regulations shall apply in the B-2 Commercial
Center Zone:
a.
Purpose. Commercial Districts are established in order to achieve the general goals as stated in Section 34-2 and for the following specific purposes:
1.
Encourage the tendency of commercial development to cluster to the
mutual advantage of both customers and merchants and thus to promote
public convenience, prosperity and welfare.
2.
To protect commercial development against the establishment of uses
which would create hazards, offensive noise, vibrations, smoke, dust,
odors, heat, glare and other objectionable influence.
3.
To protect commercial development against congestion as far as is
possible and appropriate in each area by limiting the bulk of buildings
in relation to the land around them and to one another.
b.
Permitted Principal Uses.
2.
Restaurants, except drive-in, drive-thru, carry out or fast food
restaurants.
3.
Lawn and garden shops.
4.
Professional offices.
5.
Medical and radiologic laboratories.
6.
Computer or electronic services or rental.
7.
Retail integrated developments of such uses as retail stores and
shops, personal service establishments, professional and business
offices, banks, and restaurants housed in an enclosed building or
buildings and utilizing such common facilities as customer parking
areas, pedestrian walks, truck loading and unloading space, utilities
and sanitary facilities and other necessary and appropriate uses,
subject to and in conformance with the regulations specified herein.
8.
Movie theaters.
c.
Permitted Accessory Uses.
d.
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.
2.
Automobile service and repair garages, gas stations.
3.
Fraternal, charitable and philanthropic institutions.
4.
Drive-in banks.
5.
Satellite dish antennas.
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.
7.
Home professional offices.
e.
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 B-2 Zone.
f.
Prohibited Uses.
1.
All residential, service, commercial or industrial uses not specifically
permitted in this zone.
2.
Any use that may be noxious or injurious by reason of the production
or emission of dust, smoke, refuse matter, coal or gas fumes, noise,
vibration or similar substances or conditions is specifically prohibited.
3.
Billboards or signs painted upon the exterior side or rear walls
of any principal or accessory building or structure.
4.
Any process of manufacture, assembly or treatment.
5.
Lumber, fuel and building material storage works.
6.
Arcades and amusement centers where more than 10% of the retail floor
area of the business is occupied by two or more of any one of the
following, exclusively or combined: pool table, pinball, electronic
and/or other amusement machines or devices of any kind. This prohibition
includes but is not limited to machines and/or devices requiring electronic
current to be operable. Nothing herein shall be construed to bar the
installation of the aforesaid games and amusements in a retail business
establishment otherwise unrelated to the operation of such devices.
However, in no case may the devices occupy more than 10% of the total
retail floor area open to public access.
7.
Car washes.
8.
Live entertainment, go-go bars, juice bars and/or cabarets with live
entertainment.
9.
Adult book stores.
10.
Hookah lounges.
11.
Tattoo/piercing parlors.
12.
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in section 3
of P.L. 2021, c. 16, but not the delivery of cannabis items and related
supplies by a delivery service.
[Added 7-19-2021 by Ord. No. 2021-1500]
13.
Alternative Treatment Centers as defined in P.L. 2009, c. 307 (N.J.S.A.
24:6I-3) and the regulations implementing P.L. 2009, c. 307 (N.J.A.C.
8:64-2).
[Added 7-19-2021 by Ord. No. 2021-1500]
14.
Smoke shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
15.
Vape shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
g.
Off-Street Parking and Loading.[1]
1.
For permitted business and service establishments: one parking space
for each 300 square feet of gross floor area of the establishment.
2.
Off-street loading berths for all retail and commercial establishments
having a gross floor area in excess of 1,000 square feet:
|
1,000-8,000 square feet = 1 loading space
|
|
8,001-25,000 square feet = 2 loading spaces
|
|
25,001-50,000 square feet = 3 loading spaces
|
|
50,001-100,000 square feet = 4 loading spaces
|
|
100,001-250,000 square feet = 5 loading spaces
|
|
Each 100,000 square feet above = 1 additional loading space
|
3.
Public and private parking lots are permitted.
4.
Banks: one space for each 100 square feet of gross floor area.
5.
Restaurants: one off-street parking space for each three seats, plus
one off-street parking space per employee on the maximum shift.
6.
For medical professional offices, off-street parking must be provided
at the rate of three off-street parking spaces for each professional
staff member plus one space for each permanent employee, or, one parking
space for each 100 square feet of gross floor area, whichever is greater.
h.
Additional Regulations.
1.
Where a nonresidential use is contiguous to a residential property,
use or zone, there shall be a landscaped buffer strip along the perimeter
of the property where it is contiguous to such residential property
or zone. Such buffer strip shall be at least 10 feet in depth measured
from the residential property line. The ten-foot width of the buffer
strip shall be used as a planting strip on which shall be placed a
fence and plant material (trees, shrubs, plants) a minimum of six
feet in height. At least 50% of all planted materials shall be of
evergreen species.
2.
All elevators included in any project within this zone shall provide
adequate width and length within the elevator car, and shall provide
adequate elevator door width for use by any and all stretchers and
such other victim transport utensils or other devices used by the
Milltown Emergency Services Agencies.
i.
Permitted Signs.
1.
All signs as specified in the B-1 Zone.
2.
One freestanding sign may be erected to identify a retail center
and to list individual occupants, provided that not more than one
such sign shall be erected for 300 feet of frontage on a public street,
and further provided that the aggregate area of all sides of any such
sign shall not exceed 50 square feet. Such signs may be illuminated,
but shall not be of the flashing type, shall not exceed the height
of 15 feet of a public street or parking area driveway or within 100
feet of the boundary of a residence zone and shall in no way interfere
with the safe functioning of any traffic control signal, directional
device or sight distance.
3.
Unless a specific sign is expressly permitted in this zone, it shall
be deemed prohibited.
[Ord. No. 919 Art. XV,
J; Ord. No. 1378-13 § 3; Ord. No. 13-1382 § 3]
The following regulations shall apply in the B-2A Commercial/Senior
Citizen Housing Zone:
a.
Purpose. Commercial districts are established in order to achieve the general goals as stated in Section 34-2 and for the following specific purposes:
1.
Encourage the tendency of commercial development to cluster to the
mutual advantage of both customers and merchants and thus to promote
public convenience, prosperity and welfare.
2.
To protect commercial development against the establishment of uses
which would create hazards, offensive noise, vibrations, smoke, dust,
odors, heat, glare and other objectionable influence.
3.
To protect commercial development against congestion as far as is
possible and appropriate in each area by limiting the bulk of buildings
in relation to the land around them and to one another.
d.
Conditional Uses.
1.
Public utilities required to provide the direct services of the utility
to the consumers such as transformers and pumping stations but excluding
warehouses, service or storage and treatment facilities.
2.
Fraternal, charitable and philanthropic institutions.
3.
Drive-in banks.
4.
Satellite dish antennas.
5.
Senior citizen housing.
e.
Bulk Regulations.
1.
The requirements of 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 B-2A Zone.
f.
Prohibited Uses.
1.
All residential, service, commercial or industrial uses not specifically
permitted in this zone.
2.
Any use that may be noxious or injurious by reason of the production
or emission of dust, smoke, refuse matter, coal or gas fumes, noise,
vibration or similar substances or conditions is specifically prohibited.
3.
Billboards or signs painted upon the exterior side or rear walls
of any principal or accessory building or structure.
4.
Any process of manufacture, assembly or treatment.
5.
Lumber, fuel and building material storage works.
6.
Arcades and amusement centers where more than 10% of the retail floor
area is occupied by two or more of any one of the following, exclusively
or in combination: pool table, pinball, electronic and/or amusement
machines or devices of any kind. This prohibition includes but is
not limited to machines and/or devices requiring electric current
to be operable. Nothing herein shall be construed to bar the installation
of the aforesaid games and amusements in a retail business establishment
otherwise unrelated to the operation of the devices. However, in no
case may the devices occupy more than 10% of the total retail floor
area open to public access.
7.
Car washes.
8.
Adult book stores.
9.
Live entertainment, go-go bars and/or cabarets with live entertainment.
10.
Hookah lounges.
11.
Tattoo/piercing parlors.
12.
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in section 3
of P.L. 2021, c. 16, but not the delivery of cannabis items and related
supplies by a delivery service.
[Added 7-19-2021 by Ord. No. 2021-1500]
13.
Alternative Treatment Centers as defined in P.L. 2009, c. 307 (N.J.S.A.
24:6I-3) and the regulations implementing P.L. 2009, c. 307 (N.J.A.C.
8:64-2).
[Added 7-19-2021 by Ord. No. 2021-1500]
14.
Smoke shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
15.
Vape shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
g.
Off-Street Parking and Loading.
1.
For permitted business and service establishments: one parking space
for each 300 square feet of gross floor area of the establishment.
2.
Off-street loading berths for all retail and commercial establishments
having a gross floor area in excess of 1,000 square feet:
|
1,000-8,000 square feet = 1 loading space
|
|
8,001-25,000 square feet = 2 loading spaces
|
|
25,001-50,000 square feet = 3 loading spaces
|
|
50,001-100,000 square feet = 4 loading spaces
|
|
100,001-250,000 square feet = 5 loading spaces
|
|
Each 100,000 square feet above = 1 additional loading space
|
3.
Public and private parking lots are permitted.
4.
Banks: one space for each 100 square feet of gross floor area.
5.
Restaurants: one off-street parking space for each three seats, plus
one off-street parking space per employee on the maximum shift.
6.
For medical professional offices, off-street parking must be provided
at the rate of three off-street parking spaces for each professional
staff member plus one space for each permanent employee, or, one parking
space for each 100 square feet of gross floor area, whichever is greater.
h.
Additional Regulations.
1.
Where a nonresidential use is contiguous to a residential property,
use or zone, there shall be a landscaped buffer strip along the perimeter
of the property where it is contiguous to such residential property
or zone. Such buffer strip shall be at least 10 feet in depth measured
from the residential property line. The ten-foot width if the buffer
strip shall be used as a planting strip on which shall be placed a
fence and plant material (trees, shrubs, plants) a minimum of six
feet in height. At least 50% of all planted materials shall be of
evergreen species.
2.
All elevators included in any project within this zone shall provide
adequate width and length within the elevator car, and shall provide
adequate elevator door width for use by any and all stretchers and
such other victim transport utensils or other devices used by the
Milltown Emergency Services Agencies.
i.
Permitted Signs.
1.
All signs as specified in the B-1 Zone.
2.
One freestanding sign may be erected to identify a retail center
and to list individual occupants, provided that not more than one
such sign shall be erected for 300 feet of frontage on a public street,
and further provided that the aggregate area of all sides of any such
sign shall not exceed 50 square feet. Such signs may be illuminated,
but shall not be of the flashing type, shall not exceed the height
of 15 feet, shall not be located within 15 feet of a public street
or parking area driveway or within 100 feet of the boundary of a residence
zone and shall in no way interfere with the safe functioning of any
traffic control signal, directional device or sight distance.
3.
Unless a particular sign is expressly permitted in this zone, it
shall be deemed prohibited.
[Ord. No. 919 Art. XV,
K; Ord. No. 13-1378 § 3; Ord. No. 13-1382 § 3]
The following regulations shall apply in the B-3 Limited Commercial
Zone:
a.
Purpose. Commercial districts are established in order to achieve the general goals as stated in Section 34-2 and for the following specific purposes:
1.
Encourage the tendency of commercial development to cluster to the
mutual advantage of both customers and merchants and thus to promote
public convenience, prosperity and welfare.
2.
Promote the creation of a service, business and professional oriented
commercial environment conveniently located within the community.
3.
Encourage a maximization of off-street parking facilities to service
the commercial activity.
4.
To protect commercial development against congestion as far as is
possible and appropriate in each area by limiting the bulk of buildings
in relation to the land around them and to one another.
5.
Promote aesthetically and visually harmonious development throughout
the B-3 District.
d.
Conditional Uses.
1.
Public utilities required to provide the direct services of the utility
to the consumers such as transformers and pumping stations but excluding
warehouses, service or storage and treatment yards.
2.
Satellite dish antennas.
3.
Churches, synagogues and other similar places of worship.
4.
Public and private institutions not operated for profit.
5.
Automobile service stations and repair shop.
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.
7.
Home professional offices.
8.
Adult book stores.
9.
Live entertainment, go-go bars, juice bars and/or cabarets with live
entertainment.
e.
Bulk Regulations.
f.
Prohibited Uses.
1.
Those uses prohibited in the B-1 Zone.
2.
Retail business.
3.
Food consumption establishments.
4.
Arcades and amusement centers where more than 10% of the retail floor
area is occupied by two or more of any one of the following, exclusively
or in combination: pool table, pinball, electronic and/or amusement
machines or devices of any kind. This prohibition includes but is
not limited to machines and/or devices requiring electric current
to be operable. Nothing herein shall be construed to bar the installation
of the aforesaid games and amusements in a retail business establishment
otherwise unrelated to the operation of the devices. However, in no
case may the devices occupy more than 10% of the total retail floor
area open to public access.
5.
Banks and fiduciary institutions.
6.
Unless a particular use is expressly permitted in this zone, it shall
be deemed prohibited.
7.
Hookah lounges.
8.
Tattoo/piercing parlors.
9.
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in section 3
of P.L. 2021, c. 16, but not the delivery of cannabis items and related
supplies by a delivery service.
[Added 7-19-2021 by Ord. No. 2021-1500]
10.
Alternative Treatment Centers as defined in P.L. 2009, c. 307 (N.J.S.A.
24:6I-3) and the regulations implementing P.L. 2009, c. 307 (N.J.A.C.
8:64-2).
[Added 7-19-2021 by Ord. No. 2021-1500]
11.
Smoke shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
12.
Vape shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
g.
Off-Street Parking and Loading.[1]
1.
Off-street parking facilities, in addition to all other parking and
off-street facilities required, in the basis of two spaces for every
dwelling unit in accordance with the provisions of this section, shall
be created at an on-site location.
2.
For any other permitted use refer to Design Standards and Details.
3.
Off-street loading berths for all retail and commercial establishments
having a gross floor area in excess of 1,000 square feet:
|
1,000 — 8,000 square feet = 1 loading space
|
|
8,001 — 25,000 square feet = 2 loading spaces
|
|
25,001 — 50,000 square feet = 3 loading spaces
|
|
50,001 — 100,000 square feet = 4 loading spaces
|
|
100,001 — 250,000 square feet = 5 loading spaces
|
|
Each 100,000 square feet above = 1 additional loading space
|
[Ord. No. 919 XV, L; Ord. No. 13-1378 § 3]
The following regulations shall apply in the B-4 Highway Strip
Commercial Zone:
a.
Purpose. Commercial Districts are established in order to achieve the general goals as stated in Section 34-2 and for the following specific purposes:
1.
Encourage the tendency of commercial development to cluster to the
mutual advantage of both customers and merchants and thus to promote
public convenience, prosperity and welfare.
2.
To protect commercial development against the establishment of uses
which would create hazards, offensive noise, vibrations, smoke, dust,
odors, heat, glare and other objectionable influence.
3.
To protect commercial development against congestion as far as is
possible and appropriate in each area by limiting the bulk of buildings
in relation to the land around them and to one another.
b.
Permitted Principal Uses.
2.
Restaurants, including fast food.
3.
Business and professional offices.
4.
Medical and radiologic laboratories.
5.
Computer or electronic services or rental.
6.
Supermarkets.
7.
Department and/or discount type stores.
8.
Retail integrated developments of such uses as but not limited to
retail stores and shops, personal service establishments, professional
and business offices, banks, and restaurants housed in an enclosed
building or buildings and utilizing such common facilities as customer
parking areas, pedestrian walks, truck loading and unloading space,
utilities and sanitary facilities and other necessary and appropriate
uses subject to and in conformance with the regulations specified
herein.
9.
Smoke shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
10.
Vape shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
c.
Permitted Accessory Uses.
d.
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 yards.
2.
Automobile service and repair garages, gas stations.
3.
Fraternal, charitable and philanthropic institutions.
4.
Drive-in banks.
5.
Satellite dish antennas.
6.
Senior citizen housing.
e.
Bulk Regulations.
1.
The requirements of 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 B-4 Zone.
f.
Prohibited Uses.
1.
All residential, service, commercial or industrial uses not specifically
permitted in this zone.
2.
Any use that may be noxious or injurious by reason of the production
or emission of dust, smoke, refuse matter, coal or gas fumes, noise,
vibration or similar substances or conditions is specifically prohibited.
3.
Billboards or signs painted upon the exterior side or rear walls
of any principal or accessory building or structure.
4.
Any process of manufacture, assembly or treatment.
5.
Lumber, fuel and building material storage works.
6.
Arcades and amusement centers where more than 10% of the retail floor
area is occupied by any one of the following, exclusively or in combination:
pool table, pinball, electronic and/or other amusement machines or
devices of any kind. This prohibition includes but is not limited
to machines and/or devices requiring electric current to be operable.
Nothing herein shall be construed to bar the installation of the aforesaid
games and amusements in a retail business establishment otherwise
unrelated to the operation of the devices. However, in no case may
the devices occupy more than 10% of the total retail floor area open
to public access.
7.
Car washes.
8.
Adult book stores.
9.
Live entertainment, go-go bars, juice bars and/or cabarets with live
entertainment.
10.
Hookah lounges.
11.
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in section 3
of P.L. 2021, c. 16, but not the delivery of cannabis items and related
supplies by a delivery service.
[Added 7-19-2021 by Ord. No. 2021-1500]
12.
Alternative Treatment Centers as defined in P.L. 2009, c. 307 (N.J.S.A.
24:6I-3) and the regulations implementing P.L. 2009, c. 307 (N.J.A.C.
8:64-2).
[Added 7-19-2021 by Ord. No. 2021-1500]
g.
Off-Street Parking and Loading.
1.
For permitted business and service establishments: one parking space
for each 300 square feet of gross floor area of the establishment.
2.
Off-street loading berths for all retail and commercial establishments
having a gross floor area in excess of 1,000 square feet:
|
1,000 — 8,000 square feet = 1 loading space
|
|
8,001 — 25,000 square feet = 2 loading spaces
|
|
25,001 — 50,000 square feet = 3 loading spaces
|
|
50,001 — 100,000 square feet = 4 loading spaces
|
|
100,001 — 250,000 square feet = 5 loading spaces
|
|
Each 100,000 square feet above = 1 additional loading space
|
3.
Public and private parking lots are permitted.
4.
Banks: one space for each 100 square feet of gross floor area.
5.
Restaurants: one off-street parking space per each three seats, plus
one off-street parking space per employee on the maximum shift.
6.
For medical professional offices, off-street parking must be provided
at the rate of five off-street parking spaces for each professional
staff member plus one space for each permanent employee, or, one parking
space for each 100 square feet of gross floor area, whichever is greater.
h.
Additional Regulations.
1.
Where a nonresidential use is contiguous to a residential property,
use, or zone, there shall be a landscaped buffer strip along the perimeter
of the property where it is contiguous to such residential property
or zone. Such buffer strip shall be at least 10 feet in depth measured
from the residential property line. The ten-foot width of the buffer
strip shall be used as a planting strip on which shall be placed a
fence and plant material (trees, shrubs, plants) a minimum of six
feet in height. At least 50% of all planted materials shall be of
evergreen species.
2.
All elevators included in any project within this zone shall provide
adequate width and length within the elevator car and shall provide
adequate elevator door width for use by any and all stretchers and
such other victim transport utensils or other devices used by the
Milltown Emergency Services agencies.
i.
Permitted Signs.
1.
All signs as specified in the B-1 Zone.
2.
One freestanding sign may be erected to identify a retail center
and to list individual occupants, provided that not more than one
such sign shall be erected for 300 feet of frontage on a public street,
and further provided that the aggregate area of all sides of any such
sign shall not exceed 50 square feet. Such signs may be illuminated,
but shall not be of the flashing type, shall not exceed the height
of 15 feet, shall not be located within 15 feet of a public street
or parking area driveway or within 100 feet of the boundary of a residence
zone and shall in no way interfere with the safe functioning of any
traffic control signal, directional device or sight distance.
3.
Unless a particular sign is expressly permitted in this zone, it
shall be deemed prohibited.
[Ord. No. 919 Art. XV,
M; Ord. No. 957 § 1; Ord. No. 994; Ord. No.
13-1378 § 3]
The following regulations shall apply in the B-5 Highway Strip
Commercial Zone:
a.
Purpose. Commercial Districts are established in order to achieve the general goals as stated in Section 34-2 and for the following specific purposes:
1.
Encourage the tendency of commercial development to cluster to the
mutual advantage of both customers and merchants and thus to promote
public convenience, prosperity and welfare.
2.
To protect commercial development against the establishment of uses
which would create hazards, offensive noise, vibrations, smoke, dust,
odors, heat, glare and other objectionable influence.
3.
To protect commercial development against congestion as far as is
possible and appropriate in each area by limiting the bulk of buildings
in relation to the land around them and to one another.
b.
Permitted Principal Uses.
2.
Restaurants, including fast food.
3.
Business and professional offices.
4.
Computer or electronic services or rental.
5.
Supermarkets.
6.
Drive-in or drive-thru banks.
7.
Department and/or discount type stores.
8.
Retail integrated developments of such uses as but not limited to
retail stores and shops, personal service establishments, professional
and business offices, banks, and restaurants housed in an enclosed
building or buildings and utilizing such common facilities as customer
parking areas, pedestrian walks, truck loading and unloading space,
utilities and sanitary facilities and other necessary and appropriate
uses subject to and in conformance with the regulations specified
herein.
9.
Movie theaters.
10.
Smoke shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
11.
Vape shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
c.
Permitted Accessory Uses.
d.
Conditional Uses.
e.
Bulk Regulations.
1.
The requirements of 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 B-5 Zone.
2.
Upon a subdivision of lots hereafter, the newly created lots shall
be exempt from the bulk requirements herein, provided that any development
of these lots shall not cause the lot, as it existed on the effective
date of this chapter, to be in violation of the bulk requirements
of this zone.
f.
Prohibited Uses.
1.
All residential, service, commercial or industrial uses not specifically
permitted in this zone.
2.
Any use that may be noxious or injurious by reason of the production
or emission of dust, smoke, refuse matter, coal or gas fumes, noise,
vibration or similar substances or conditions is specifically prohibited.
3.
Billboards or signs painted upon the exterior side or rear walls
of any principal or accessory building or structure.
4.
Any process of manufacture, assembly or treatment.
5.
Lumber, fuel and building material storage works.
6.
Arcades and amusement centers where more than 10% of the retail floor
area is occupied by any one of the following, exclusively or in combination:
pool table, pinball, electronic and/or other amusement machines or
devices of any kind. This prohibition includes but is not limited
to machines and/or devices requiring electric current to be operable.
Nothing herein shall be construed to bar the installation of the aforesaid
games and amusements in a retail business establishment otherwise
unrelated to the operation of the devices. However, in no case may
the devices occupy more than 10% of the total retail floor area open
to public access.
7.
Car washes.
8.
Adult book stores.
9.
Live entertainment, go-go bars, juice bars and/or cabarets with live
entertainment.
10.
Hookah lounges.
11.
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in section 3
of P.L. 2021, c. 16, but not the delivery of cannabis items and related
supplies by a delivery service.
[Added 7-19-2021 by Ord. No. 2021-1500]
12.
Alternative Treatment Centers as defined in P.L. 2009, c. 307 (N.J.S.A.
24:6I-3) and the regulations implementing P.L. 2009, c. 307 (N.J.A.C.
8:64-2).
[Added 7-19-2021 by Ord. No. 2021-1500]
g.
Off-Street Parking and Loading.
1.
For permitted business and service establishments: one parking space
for each 300 square feet of gross floor area of the establishment.
2.
Off-street loading berths for all retail and commercial establishments
having a gross floor area in excess of 1,000 square feet:
|
1,000 — 8,000 square feet = 1 loading space
|
|
8,001 — 25,000 square feet = 2 loading spaces
|
|
25,001 — 50,000 square feet = 3 loading spaces
|
|
50,001 — 100,000 square feet = 4 loading spaces
|
|
100,001 — 250,000 square feet = 5 loading spaces
|
|
Each 100,000 square feet above = 1 additional loading space
|
3.
Public and private parking lots are permitted.
4.
Banks: one space for each 100 square feet of gross floor area.
5.
Restaurants: one off-street parking space per each three seats, plus
one off-street parking space per employee on the maximum shift.
6.
For medical professional offices, off-street parking must be provided
at the rate of three off-street parking spaces for each professional
staff member plus one space for each permanent employee, or, one parking
space for each 100 square feet of gross floor area, whichever is greater.
h.
Additional Regulations.
1.
Where a nonresidential use is contiguous to a residential property,
use, or zone, there shall be a landscaped buffer strip along the perimeter
of the property where it is contiguous to such residential property
or zone. Such buffer strip shall be at least 10 feet in depth measured
from the residential property line. The ten-foot width of the buffer
strip shall be used as a planting strip on which shall be placed a
fence and plant material (trees, shrubs, plants) a minimum of six
feet in height. At least 50% of all planted materials shall be of
evergreen species.
2.
All elevators included in any project within this zone shall provide
adequate width and length within the elevator car and shall provide
adequate elevator door width for use by any and all stretchers and
such other victim transport utensils or other devices used by the
Milltown Emergency Services agencies.
i.
Permitted Signs.
1.
All signs as specified in the B-1 Zone.
2.
One freestanding sign may be erected to identify a retail center
and to list individual occupants, provided that not more than one
such sign shall be erected for 300 feet of frontage on a public street,
and further provided that the aggregate area of all sides of any such
sign shall not exceed 50 square feet. Such signs may be illuminated,
but shall not be of the flashing type, shall not exceed the height
of 15 feet, shall not be located within 15 feet of a public street
or parking area driveway or within 100 feet of the boundary of a residence
zone and shall in no way interfere with the safe functioning of any
traffic control signal, directional device or sight distance.
3.
Unless a particular sign is expressly permitted in this zone, it
shall be deemed prohibited.
[Ord. No. 919 Art. XV,
N; Ord. No. 13-1378 § 4; Ord. No. 13-1382 § 4]
The following regulations shall apply to the M-1 Light Industrial
Zone.
a.
Purpose. The Light Industrial Zone is created to achieve the following
specific goals:
1.
To provide sufficient space in appropriate locations for attractive,
modern, landscaped industrial complexes which do not create any hazards
or create noise, vibrations, smoke, dust, odors, heat, glare and other
objectionable influences, such as heavy trucking, which would be offensive
to adjoining lands that require an environment free from these influences.
2.
To provide protection for nonindustiral zones or uses bordering the
Light Industrial Zone or in close proximity thereto.
b.
Permitted Principal Uses.
1.
Business, administrative, professional and governmental offices.
2.
Light industrial manufacturing, fabrication processing and assembling
of products.
3.
Wholesale offices and showrooms with accessory storage of goods.
4.
Warehousing of finished products and materials for distribution.
5.
Electrical, heating, ventilating, air-conditioning, plumbing and
refrigeration equipment sales and service businesses.
6.
Computer and/or electronic assembly, services or rental.
7.
Lumber, building materials and equipment storage yards.
e.
Bulk Regulations.
1.
The requirements of 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 M-I Zone.
2.
Height limit of 35 feet shall be enforced for all light industrial
sites abutting residential zones or residential uses. Height may be
increased one-foot vertical for each additional one foot horizontal
of setback increment.
f.
Prohibited Uses.
1.
Residences of any type.
2.
Retail business of any type, except as otherwise specified.
3.
Religious institutions and schools, charitable and philanthropic
institutions.
4.
Any process or storage use that may be noxious or injurious by reason
of the production or emission of dust, smoke, refuse matter, gas fumes,
noise, vibration or similar substances or conditions is specifically
prohibited.
5.
Refining, processing, distribution, transmission and storage of any
gasoline or crude oil, or the manufacture of bottled fuel gas or any
of the principal products or by-products of the petrochemical industry.
6.
Billboards and painted exterior wall signs.
7.
Storage tanks are specifically prohibited except when the material
stored or storage of material is not the principal use of the site
but only provides for an ancillary or utility function and not a process
function to the principal use.
8.
The manufacture of heavy chemicals, such as but not limited to mineral
acids or other corrosives, ammonia, caustic soda and sulfuric acid.
9.
The manufacture of cellulose products, resins, dye stuff, glue, vegetable,
animal or mineral fats or oils, explosives, combustible gases, soap
and other surfactants, fertilizers derived from animal originals,
asphalt and tar products.
10.
The manufacture or production of metals and alloys in ingot form;
matches, paints, oils, varnishes, lacquer, rubber or rubber products.
11.
The slaughtering, tanning, finishing and/or processing of animals
or fowl.
12.
The processing, sale, storage, salvage, auctioning, or reclamation
of junk of any kind, including automobile wrecking and/or storing;
recyclable materials storage, processing or incineration.
13.
The manufacturing or refining of asphalt; blast furnaces, boiler
works and forge shops; the manufacture or processing of cork, fertilizer,
linoleum or oil cloth and glue or gelatin; the tanning of hides and
skins; slaughter houses; the manufacture of paint, oil or varnish;
pharmaceutical products manufacturing; manufacture of textile products,
thread and yarn.
14.
The manufacture or bulk storage of fireworks and explosives, illuminating
gas or poisonous gases motion picture exchange.
15.
Any use involving the storage or manufacture of radioactive materials.
16.
Unless a particular use is expressly permitted in this zone, it shall
be deemed prohibited.
17.
Hookah lounges.
18.
Tattoo/piercing parlors.
19.
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in section 3
of P.L. 2021, c. 16, but not the delivery of cannabis items and related
supplies by a delivery service.
[Added 7-19-2021 by Ord. No. 2021-1500]
20.
Alternative Treatment Centers as defined in P.L. 2009, c. 307 (N.J.S.A.
24:6I-3) and the regulations implementing P.L. 2009, c. 307 (N.J.A.C.
8:64-2).
[Added 7-19-2021 by Ord. No. 2021-1500]
21.
Smoke shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
22.
Vape shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
g.
Off-Street Parking and Loading.
1.
Off-street parking space with appropriate access thereto shall be
provided on the same lot it is intended to serve, as follows:
(a)
Three spaces for every 1,000 square feet of gross floor area
of the establishment or one space for each two employees at the time
of peak operation, whichever is greater.
(b)
Not more than two two-way driveways as means of ingress and
egress for parking areas shall be permitted for each 400 feet of frontage
on a public street, nor shall any such driveway be located within
100 feet of the intersection of two public streets.
(c)
Off-street parking areas for visitors and/or employees shall
be designed to provide for a convenient flow of circulation.
2.
Truck loading and unloading areas shall be provided to permit the
transfer of goods and products in other than a public street, off-street
parking area or required front yard area, at the rate of:
|
1,000 — 8,000 square feet = 1 loading space
|
|
8,001 — 25,000 square feet = 2 loading spaces
|
|
25,001 — 50,000 square feet = 3 loading spaces
|
|
50,001 — 100,000 square feet = 4 loading spaces
|
|
100,001 — 250,000 square feet = 5 loading spaces
|
|
Each 100,000 square feet above = 1 additional loading space
|
3.
None of the above-mentioned off-street parking or off-street loading
spaces may be applied to more than one requirement, nor may any site
serve more than one function.
h.
Additional Regulations.
1.
All activities and process shall take place within an enclosed building;
incidental storage out-of-doors shall be shielded from view from public
streets and adjacent off-street parking areas by fencing, or landscaping,
measures at least 10 feet in height and five feet in width.
2.
A buffer area of 50 feet in width shall be established adjacent to
any residential use or zone except that wherever a lot is across the
street from a residential zone, a buffer area of 25 feet from the
front lot line shall be established. A buffer area of 25 feet in width
shall be established adjacent to all other nonresidential zones. The
buffer areas shall provide a minimum of 15 feet width of densely planted
evergreen species to accomplish a minimum landscaped screen height
of six feet, based upon a landscaping plan submitted for review and
approval. Due to the proposed nature of use a berm may be required
by the Approving Authority to achieve adequate buffering.
3.
All elevators included in any project within this zone shall provide
adequate width and length within the elevator car and shall provide
adequate elevator door width for use by any and all stretchers and
such other victim transport utensils or other devices used by the
Milltown Emergency Services agencies.
i.
Permitted Signs.
1.
One facia sign placed or inscribed upon the front wall of the building
containing only the name of the company or division and the type of
product manufactured or produced and no other advertising material.
Such sign shall not exceed an area equal to 15% of the building first
floor facade area. Sign height shall not exceed 15 feet.
2.
One freestanding sign, which may state the name of the company or
division and the type of product manufactured or produced, the street
address and no other advertising material. Such sign shall not exceed
an area of 24 square feet and the height shall not exceed 10 feet,
measured at its highest point on the frontage street of the property.
A minimum 10 feet setback from any street line shall be provided.
[Ord. No. 919 Art. XV,
O; Ord. No. 13-1378 § 5; Ord. No. 13-1382 § 5]
The following regulations shall apply to the R-SC Zone.
b.
Permitted Principal Uses.
1.
Senior citizen housing providing residences for permanent residents
aged 55 years or over in which the residential property and the residential-related
open space, recreation facilities and property are all owned by a
mutual non-profit corporation, or corporations, established pursuant
to the laws of the State of New Jersey and also governed by Section
123 of Title II of the National Housing Act as amended, or provisions
of a similar or comparable nature or by individuals, condominiums
associations or other entities, all of which shall have rules and
regulations controlling the development in conformance with the minimum
standards set forth in this zone.
c.
Permitted Accessory Uses.
1.
Convenience Retail Component. In addition to the senior citizen residential
component, the senior housing project may include:
(b)
Off-street parking for any retail component shall be calculated
and provided in addition to all other parking requirements at the
rate of one space for each 200 square feet of gross floor area.
(c)
No interior or exterior signage shall be permitted for any retail
occupancies of the senior citizen housing project.
2.
Management and administrative office space servicing only the senior
citizen housing complex shall be permitted:
(a)
Office area shall not exceed 1,000 square feet of gross floor
area.
(b)
Off-street parking for any office component shall be calculated
and provided in addition to all other parking requirements at the
rate of one space per each 200 square feet of office area.
(c)
No signage shall be permitted for any office occupancy of the
senior citizen housing project.
3.
Off-street parking and loading areas.
4.
Fences, walls and hedges.
5.
Private noncommercial recreational facilities for the exclusive use
of the residents of the senior citizen housing facility.
e.
Bulk Regulations.
1.
Minimum lot area: one acre.
2.
Maximum gross site density: 20 dwelling units per acre.
3.
Minimum lot width: 300 feet.
4.
Minimum lot depth: 500 feet.
5.
Minimum building setback to any exterior property line: 50 feet.
6.
Maximum lot coverage by building: 15%.
7.
Maximum impervious lot coverage: 50%.
8.
Floor to area ratio (FAR): 0.33 maximum.
9.
Minimum open space or landscaped area: 40%.
10.
Maximum height: four stories.
11.
Community room floor area shall be provided at the rate of 10 square
feet per dwelling unit.
12.
Minimum landscaped buffer area adjoining existing adjacent land uses:
25 feet wide.
13.
Minimum developed recreation area: A minimum of 10% of the required
open space area shall provide improved active and/or passive recreation
facilities.
f.
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.
5.
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in section 3
of P.L. 2021, c. 16, but not the delivery of cannabis items and related
supplies by a delivery service.
[Added 7-19-2021 by Ord. No. 2021-1500]
6.
Alternative Treatment Centers as defined in P.L. 2009, c. 307 (N.J.S.A.
24:6I-3) and the regulations implementing P.L. 2009, c. 307 (N.J.A.C.
8:64-2).
[Added 7-19-2021 by Ord. No. 2021-1500]
7.
Smoke shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
8.
Vape shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
h.
Additional Regulations.
1.
Affordability. At least 20% of all units constructed shall be set
aside for affordable units for low and moderate income residents in
conformance with the rules and procedures promulgated by the New Jersey
Council on Affordable Housing.
2.
Medical Facilities. There shall be a minimum of 500 square feet of
floor area provided to allow for the provision of all medical facilities,
including first, and periodic visits by one or more members of the
medical profession and/or for consultation/treatment of residents
for the retirement community as required by any applicable Federal,
State or local regulations. Direct exterior access shall be designed
to convenient on-site loading space for emergency vehicles to the
medical suite.
3.
Lighting standards for outdoor parking areas shall be a maximum 20
feet height and shall be reflected away from windows of the dwelling
units and from any nearby residences in order to minimize the impact
of such lighting on the residents in the dwelling units.
4.
No dwelling units shall be permitted in any basement area.
5.
Coin-operated laundry washing and drying machines shall be located
on every other floor of each building in adequate number for the sole
use of the occupants.
6.
A minimum of 500 square feet shall be provided for building and grounds
maintenance and repair shop with storage.
7.
All units constructed shall be designed to accommodate a barrier-free
life-style and shall comply with all applicable Federal and State
minimum design standards for barrier-free dwelling units, pursuant
to the Americans with Disabilities Act.
8.
Alarm switches shall be installed in each dwelling unit to summon
aid in an emergency. The switches shall be located at least in the
bedroom and bathroom. The switches shall be connected to illuminate
an audio and visual signal in a central location.
9.
Storage Space. A minimum of 80 square feet of gross floor area of
storage space shall be provided within the floor plan design of each
senior dwelling unit.
10.
The size and arrangement of bathrooms and fixtures therein shall
be adequate for the convenient use of older persons. The floor finish
shall be impervious to water, have non-slip characteristics, and slope
inward. The threshold of the bathroom shall be flush with the floor.
All plumbing fixtures, accessories and trim shall be selected for
and provide the maximum contribution to the safety, convenience and
aid to older persons. Grab bars shall be provided beside toilets and
in bathtubs and/or shower stalls. Shower stalls will include a built-in
seat or bench or sufficient space for a bath stool.
11.
Security. The entire senior housing project shall be provided with
a security system and physical security measures designed pursuant
to the review and written approval of the Borough Police Department.
12.
The entire senior housing project and each individual senior dwelling
unit shall be provided with a fire alarm system sensitive to the presence
of both heat and smoke designed pursuant to the review and written
approval of the Borough Fire Chief and Borough Fire Subcode Official.
13.
A maximum of 5% of the total number of units to be developed may
be two bedroom units, providing a minimum of 800 square feet of gross
floor area.
14.
Nonprofit recreational, cultural and community facilities for the
use of the residents of the senior housing project and their guests
may be permitted, including but not limited to: community multi-purpose
room, dining room, kitchen, lobby-sitting areas, library, tenants/occupants
office area, indoor recreation activities, exterior active and passive
recreation areas, picnic areas, etc.
15.
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 patient transport devices used by the Milltown
emergency services agencies.
[Ord. No. 919 Art. XV,
P; Ord. No. 13-1378 § 6; Ord. No. 13-1382 § 6]
The following regulations apply to the C-S Community Service
Zone:
a.
Purpose. The Community Service Zone is created to achieve the following
specific goals:
b.
Permitted Principal Uses.
1.
Municipal government uses.
2.
Municipal public works garages, storage and facilities.
3.
Public schools.
4.
Public libraries.
5.
Public parks, swimming pools, playgrounds athletic fields and recreational
facilities.
6.
Public utility facilities required to provide direct service of the
utility to customers, such as transformers and pumping stations but
excluding warehouse, service or storage and treatment yards and offices.
7.
Volunteer fire stations, first aid squads and emergency response
facilities.
8.
Conservation, preservation and natural areas.
d.
Bulk Regulations.
1.
The requirements of 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.
e.
Prohibited Uses.
1.
All residential, commercial, educational, institutional, professional
offices and industrial uses not specifically permitted in this zone.
2.
Hookah lounges.
3.
Tattoo/piercing parlors.
4.
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in section 3
of P.L. 2021, c. 16, but not the delivery of cannabis items and related
supplies by a delivery service.
[Added 7-19-2021 by Ord. No. 2021-1500]
5.
Alternative Treatment Centers as defined in P.L. 2009, c. 307 (N.J.S.A.
24:6I-3) and the regulations implementing P.L. 2009, c. 307 (N.J.A.C.
8:64-2).
[Added 7-19-2021 by Ord. No. 2021-1500]
6.
Smoke
shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
7.
Vape shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
f.
Permitted Signs.
1.
One freestanding illuminated nonflashing sign shall be permitted
provided that the total sign area does not exceed 12 square feet and
shall not be higher than six feet above ground level. No freestanding
sign shall be located closer than 10 feet from a property line. Any
such sign shall be provided with a monument style base and planter
area.
[Ord. No. 05-1214 § 1]
Off-street parking is prohibited in all Residential Zones and
the B-1, B-2 and B-3 Commercial Zones for the following:
a.
All construction equipment, except for that which is stored on a
farm for a recognized agricultural use thereon.
b.
Large Vehicles.
1.
All trucks and trailers, loaded or unloaded, buses and other commercial
vehicles with linear measurements greater than any one of the following:
20 feet in length, or seven feet in width, excluding rearview mirrors,
or eight feet in height, excluding radio antennas, and all cabs or
tractors capable of pulling a trailer and commercial tow trucks.
2.
The foregoing is not applicable to privately used campers and motor
homes. The foregoing is not applicable to vehicles in the course of
making deliveries or rendering necessary services requested by an
adjacent resident nor is it applicable to vehicles utilized for maintenance
or repair of a public right-of-way. Trailers intended or used for
dwelling space, offices, storage or any other residential, commercial
or industrial purposes are also prohibited, except noting herein contained
is intended to prohibit the use of trailers for transportation or
as construction offices or for storage of materials and supplies on
a job site during the period of construction. The foregoing is not
applicable to vehicles directly related to the operation of the subject
business that has been granted approval to operate in either the B-1,
B-2 or B-3 Commercial Zones.
[1]
Editor's Note: The Schedule of Bulk Requirements is included as an attachment to this chapter.
[Ord. No. 919 Art. XVII,
A]
Before any permit shall be issued for a conditional use, applications
shall be made to the Approving Authority. The Approving Authority
shall grant or deny the application after public hearing but within
95 days of submission of a complete application or within such further
time as may be consented to by the applicant. Notice of the hearing
for a conditional use shall include reference to all matters being
heard, including site plan and/or subdivision, and the Approving Authority
shall review and approve or deny the subdivision or site plan simultaneously
with the conditional use application. Failure of the Approving Authority
to act within the required time period shall constitute approval of
the application. In reviewing the conditional use application, the
Approving Authority shall review the use of the property and the requirements
set forth in this chapter and shall give due consideration to all
reasonable elements which would affect the public health, welfare,
safety, comfort and convenience, such as but not limited to the proposed
use(s), the character of the area, vehicular travel patterns and access,
pedestrianways, landscaping, lighting, signs, drainage, sewage treatment,
potable water supply, utilities and structural location(s) and orientation(s),
and shall conduct a public hearing on the application. Each conditional
use shall be considered as an individual case. In all requests for
approval of conditional uses, the burden of proof shall be on the
applicant. All conditional uses shall require site plan review and
approval by the Approving Authority.
[Ord. No. 919 Art. XVII,
B]
In approving a conditional use, a time limit of three years
from the date of the approval shall be set within which the owner
shall secure a building permit; otherwise the approval shall be null
and void. The Approving Authority may, for good cause shown, extend
the period for securing a building permit for an additional period
not exceeding one year.
[Ord. No. 919 Art. XVII,
C]
If prior to the issuance of a building permit pursuant to preliminary
and final approval of a conditional use, any of the conditions upon
which the approval was based can no longer be met, no longer exists
or has become significantly altered, the conditional use approval
shall be null and void.
[Ord. No. 919 Art. XVII,
D; Ord. No. 03-1148 § 1]
The following permitted conditional uses are identified within the zone requirements of Sections 34-20 through 34-24. Standards and specifications for each permitted conditional use are set forth below to enable the developer to know their extent and limit.
a.
Assembly Halls. Assembly Halls may be permitted in those districts
designated in this chapter if in compliance with the following standards
and conditions:
1.
A set of plans and specifications and a statement setting forth full
particulars on the operation of the structure or use must be filed
with the Approving Authority in triplicate, showing dimensions, topography,
location and use of intended buildings, etc., and any other physical
features which might act as a deterrent to the general welfare.
2.
Before issuing a permit, the Approving Authority shall determine
that the following standards are met:
(a)
The minimum lot area shall be 10,000 square feet and the minimum
frontage shall be 100 feet.
(b)
Adequate off-street parking shall be provided at a rate of one
space per 100 square feet of gross floor area when the seating capacity
is not known, or one space per three seats where the seating capacity
is known, consistent with applicable fire code regulations.
(c)
Driveways shall cross the sidewalk at right angles and shall
be no more than 24 feet wide at any point. Driveways must be at least
10 feet from any side lot line and 50 feet from the intersection of
street lines. No more than two driveways shall be permitted for each
500 feet of street frontage.
(d)
The Approving Authority shall determine that the site plan is
compatible to the adjacent area. Buffers shall be required to protect
surrounding properties from the effect of light or noise generated
in connection with the use of the property. Such buffer shall be constructed
in conformance with the provision of this chapter.
b.
Automotive Service Stations and Repair Shops; Gas Stations. The following
regulations shall apply to automobile service stations, automotive
repair services and garages, public garages, filling stations and/or
gas stations:
1.
All storage areas, refuse storage facilities, plots, lifts and working
areas shall be within a building. All lubrication, repair or similar
activities shall be performed in an enclosed building, and no dismantled
parts shall be placed outside.
2.
All gasoline pumps, air pumps and the islands upon which pumps are
normally located shall be set back from the street line at least 60
feet and from an other property line at least 50 feet. A minimum space
of 25 feet shall exist between any two islands and between any island
and the service station building.
3.
No junked or inoperable motor vehicle or part thereof and no unregistered
motor vehicle shall be permitted outside an enclosed service station
building. Other than employee vehicles, no more than 12 motor vehicles
waiting for repairs may be located outside a service station building.
The vehicles must be parked in designated customer parking spaces
meeting the Borough Standards and/or as approved by the applicable
Approving Authority. In addition, at no time shall any vehicles be
parked in driveways or the required access aisles.
4.
The exterior display of nonvehicular equipment for rent or sale shall
be permitted, provided: (a) the area devoted to this purpose is in
addition to the minimum lot size required for a service station: (b)
the area devoted to this purpose does not exceed 10% of the total
area of the entire site; (c) the maximum sign area for a service station
is not exceeded; and (d) the location of the equipment being rented
or sold does not interfere with the off-street parking requirements
for the service station and does not interfere with the traffic circulation
indicated on the approved site plan.
5.
The proposed use shall be located on a lot of not less than 20,000
square feet in an area which is not located at the corner of any dangerous
street intersection as determined by Police Department accident records,
and the lot lines of which are located not less than 1,000 feet from
any school offering courses of general educational instruction, church
or library.
6.
It is intended that service stations be designed compatibly with
other permitted commercial or industrial uses in the zone in which
they are located and that they not be stripped along the available
highway frontage or at each quadrant of a convenient intersection.
7.
All filling station storage tanks shall be placed in a six-inch thick
concrete cradle. All filler spouts, vents and gauging and venting
areas shall be covered by a six-inch thick concrete plate. Emergency
shutoff and venting equipment shall conform to the most recent Federal
and State requirements, as they may from time to time be revised.
Documentation confirming compliance with all regulations of the State
of New Jersey relating to underground storage vessels shall be submitted.
8.
Ingress and egress turning movements shall be separated by 50 feet
from the access points required for nearby uses, frequency of intersecting
side streets, minimizing left turns off collector and arterial streets
and maintaining building setbacks compatible with the required setbacks
and landscaping.
9.
No automotive vehicle of any kind may be displayed for sale or lease
from any service station.
10.
Off-street parking shall be provided at the rates of three spaces
per service bay plus one space for service vehicle.
c.
Commercial-Retail Integrated Developments.
1.
(a)
Retail integrated developments of such uses as retail stores
and shops, personal service establishments, banks and restaurants
(excluding drive-in, fast food restaurants or carry-out restaurants)
housed in an enclosed building or buildings and utilizing such common
facilities as customer parking areas, pedestrian walks, truck loading
and unloading space, utilities and sanitary facilities and other necessary
and appropriate uses, subject to and in conformance with the regulations
specified herein.
2.
Commercial uses shall be in conformance with the minimum standards
set forth below.
(a)
Minimum lot area: 10 acres.
(b)
Minimum lot width: 250 feet.
(c)
Minimum lot depth: 500 feet.
(d)
Minimum building setback to any exterior property line: 50 feet.
(e)
Maximum lot coverage by building: 50%.
(f)
Maximum impervious coverage: 70%.
(g)
Maximum height: three stories and 35 feet.
(h)
Minimum landscaped buffer area and adjoining existing adjacent
land uses: 25 feet wide.
(i)
Off-street parking and loading:
(1)
For permitted business and service establishments: one parking
space for each 300 square feet of gross floor area of establishment.
(2)
Off-street loading berths for all retail and commercial establishments
having a gross floor area in excess of 10,000 square feet or fraction
thereof of gross floor area.
(3)
Banks: one space for each 100 square feet of gross floor area.
(4)
Restaurants: one off-street parking space per each three seats,
plus one off-street parking space per employee on a maximum shift.
(j)
Minimum front yard setback: 50 feet.
(k)
Minimum side yard setback: 50 feet.
(l)
Minimum rear yard setback: 50 feet.
(m)
Permitted signs:
(1)
All signs are specified in the B-1 Zone.
(2)
One freestanding sign may be erected to identify a retail center
and to list individual occupants, provided that not more than one
such sign shall be erected for 300 feet of frontage on a public street,
and further provided that the aggregate area of all sides of any such
sign shall not exceed 50 square feet. Such signs may be illuminated,
but shall not be of the flashing type, shall not exceed the height
of 15 feet, shall not be located within 15 feet of a public street
or parking area driveway or within 100 feet of the boundary of a residence
zone and shall in no way interfere with the safe functioning of any
traffic control signal, directional devices or sight distance.
d.
Churches, Synagogues and Other Similar Places of Worship. Churches
may be permitted in those districts designated in this chapter upon
determination by the Approving Authority that the following standards
and conditions are met:
1.
A set of plans, specifications and plot plans shall be filed with
the Approving Authority, showing overall dimensions, topographic conditions,
the location and intended use of existing and proposed buildings,
the relationship of the proposed use to streets and adjacent properties
and other physical features which might impact upon the general welfare.
2.
Before issuing a permit, the Approving Authority shall determine
that the following standards are met:
(a)
The minimum lot area shall be 40,000 square feet and the minimum
frontage shall be 200 feet.
(b)
Off-street parking shall be provided at the ratio of one off-street
parking space for each 100 square feet of gross floor area, or one
space of each three occupants permitted under the applicable fire
code regulations, whichever standards yields the greater number of
required spaces. The cumulative parking demand of all activity areas
within the proposed facility or structure shall be met by on-site,
off-street parking areas.
(c)
Driveways shall cross the sidewalk at right angles and shall
be no more than 24 feet wide at any point. Driveways must be at least
10 feet from any side lot line and 50 feet from the intersection of
the street lines. No more than two driveways shall be permitted for
each 500 feet of street frontage.
(d)
The Approving Authority shall determine that the site plan is
appropriate to the adjacent area. It shall require buffers to protect
surrounding properties from the effect of traffic light or noise generated
in connection with the use of the property. Such buffer area shall
be constructed in conformance with the provisions of this chapter,
or as supplemented by determination of the Board. The proposed use
at the proposed location shall not adversely effect the property of
adjacent properties. Compatibility with the size and character of
adjacent uses shall be required.
(e)
Ancillary uses such as schools, rectories, convents, and other
accessory uses for religious and/or sectarian activities shall not
be permitted as a free standing use. Ancillary uses shall only be
permitted when proximate to and accessory to the permitted principal
conditional use, i.e. the place of worship.
e.
Drive-in Banks. Drive-in banks may be permitted in those districts
designated in this chapter upon application for a permit and upon
determination by the Approving Authority that the following standards
and conditions are met:
1.
A set of plans, specifications and plot plans shall be filed with
the Approving Authority, showing overall dimensions, topographic conditions,
the location and intended use of existing and proposed buildings,
the relationship of the proposed use to streets and adjacent properties
and other physical features which might impact upon the general welfare.
2.
Before issuing a permit, the Approving Authority shall determine
that the following standards are met:
(a)
The minimum lot area shall be 10,000 square feet and the minimum
frontage shall be 100 feet.
(b)
Adequate off-street parking shall be provided at a rate of one
space per each 100 square feet of gross floor area.
(c)
Driveways shall cross the sidewalk at right angles and shall
be no more than 24 feet wide at any point. Driveways must be at least
10 feet from any side lot line and 50 feet from the intersection of
the street lines. No more than two driveways shall be permitted for
each 250 feet of street frontage.
(d)
The Approving Authority shall determine that the site plan is
appropriate to the adjacent area. Buffers shall be required to protect
surrounding properties from the effect of light of noise generated
in connection with the use of the property. Such buffer shall be constructed
in conformance with the provisions of this chapter.
(e)
Drive-in banks shall only be permitted as an adjunct to and
part of a full service banking facility. A free standing drive-in
bank only shall be prohibited.
(f)
Stacking facilities to accommodate a queue of eight vehicles
shall be provided for each drive thru lane proposed.
f.
Fraternal, Social, Philanthropic or Charitable Uses. Fraternal, social,
philanthropic or charitable structures, may be permitted in those
districts designated in this chapter if in compliance with the following
standards and conditions:
1.
A set of plans and specifications and a statement setting forth full
particulars on the operation of the structure or use must be filed
with the Approving Authority in triplicate, showing dimensions, topography,
location and use of intended buildings, etc., and any other physical
features which might act as a deterrent to the general welfare.
2.
Front, rear and side required yards shall be increased one foot for
each foot by which such proposed building exceeds the height limit
herein established for the district in which it is to be located.
In no case shall any building exceed the height of 30 feet nor be
located on a lot less than two acres in size with a minimum frontage
of 200 feet.
3.
Off-street parking space shall be provided in side and rear yards
only, at the rate of one space for each 100 square feet of gross floor
area, or one space per three seats, whichever is greater.
4.
All off-street parking provided within 30 feet of any property line
shall be protected from adverse impact upon adjacent properties through
a visual screen of planting not less than four feet at center, six
feet high at planting, of a type or types of planting approved by
the Approving Authority, with buffer areas designed in conformance
with this section.
5.
In addition to all other requirements, there shall be provided one
square foot of open space for every one square foot of building area,
in plan, at the ground level.
g.
Funeral Homes and Mortuaries. Funeral homes and mortuaries may be
permitted in those districts designated in this chapter if in compliance
with the following standards and conditions:
1.
A set of plans and specifications and a statement setting forth full
particulars on the operation of the structure or use must be filed
with the Approving Authority in triplicate, showing dimensions, topography,
location and use of intended buildings, etc., and any other physical
features which might act as a deterrent to the general welfare.
2.
Before issuing a permit, the Approving Authority shall determine
that the following standards are met:
(a)
The minimum lot area shall be 10,000 square feet and the minimum
frontage shall be 100 feet.
(b)
Off-street parking shall be provided at the rate of 10 off-street
parking spaces per viewing room and chapel with a minimum of 30 spaces.
(c)
Driveways shall cross the sidewalk at right angles and shall
be no more than 24 feet wide at any point. Driveways must be at least
10 feet from any side lot line and 50 feet from the intersection of
the street lines. No more than two driveways shall be permitted for
each 200 feet of street frontage.
(d)
The Approving Authority shall determine that the site plan is
compatible with the adjacent area. It shall require buffers to protect
surrounding properties from the effect of traffic light and noise
generated in connection with the use of the property. Such buffer
area shall be constructed in conformance with the provisions of this
chapter, or as supplemented by determination of the Board.
h.
Government and Public Buildings. Government and public buildings,
except prisons, jails or correctional institutions, may be permitted
in those districts designated in this chapter if in compliance with
the following standards and conditions:
1.
A set of plans and specifications and a statement setting forth full
particulars on the operation of the structure or use must be filed
with the Approving Authority in triplicate, showing dimensions, topography,
location and use of intended buildings, etc., and any other physical
features which might act as a deterrent to the general welfare.
2.
Before issuing a permit, the Approving Authority shall determine
that the following standards are met:
(a)
Adequate off-street parking shall be provided pursuant to the
standards set forth in the Design Standards and Details for the most
comparable similar use.
(b)
The Approving Authority shall determine that the site plan is
appropriate to the adjacent area. Buffers shall be required to protect
surrounding properties from the effect of light or noise generated
in connection with the use of the property. Such buffer shall be constructed
in conformance with the provisions of this chapter.
i.
Home Occupation (Customary Home Occupation).
j.
Home Professional Offices. Home professional offices may be permitted
in those districts designated in this chapter if in compliance with
the following standards and conditions:
1.
A set of plans and specifications and a statement setting forth full
particulars on the operation of the structure or use must be filed
with the Approving Authority in triplicate, showing dimensions, topography,
location and use of intended buildings, etc., and any other physical
features which might act as a deterrent to the general welfare.
2.
Before issuing an approval, the Approving Authority shall determine
that the following standards are met:
(a)
The home professional office shall be customary, incidental
and accessory to the principal residential use. Home professional
office uses shall include but not be limited to attorneys, accountants,
engineers and architects. The following professions shall be excluded
from home professional office uses: dental or medical practices; realtors;
insurance agents; and other similar professions.
(b)
Nonresident employees shall be limited to one employee.
(c)
The maximum square footage occupied by the home professional
office shall not exceed 1/3 of the first floor area of the residence.
The home professional office shall be located only on the ground or
first floor.
(e)
Signage shall be the same as designated for the R-4 Zone. Wall,
facia or window signs shall be prohibited.
(f)
All required off-street parking shall be provided with a minimum
ten-foot wide landscaped buffer on all sides, the buffer to contain,
as a minimum, a row of five to six-foot high evergreen plantings spaced
a maximum of 10 feet on centers.
k.
Public Parks and Playgrounds. Public parks and playgrounds may be
permitted in those districts designated in this chapter if in compliance
with the following standards and conditions:
1.
A set of plans and specifications and a statement setting forth full
particulars on the operation of the structure or use must be filed
with the Approving Authority in triplicate, showing dimensions, topography,
location and use of intended buildings, etc., and any other physical
features which might act as a deterrent to the general welfare.
2.
Before issuing a permit, the Approving Authority shall determine
that the following standards are met:
(a)
The Approving Authority shall determine that the area of the
site is adequate to support the park or playground.
(b)
Adequate off-street parking, if required, shall be provided
pursuant to the determination of the Approving Board.
(c)
The Approving Authority shall determine the site plan is appropriate
to the adjacent area. Buffers shall be required to protect surrounding
properties from visual intrusions and from the effect of noise generated
in connection with the use of the property.
l.
Public and Private Institutions for Education; Not Operated for Profit.
Public and private nonprofit institutions for education may be permitted
in those districts designated in this chapter upon application for
a permit and upon determination by the Approving Authority that the
following standards and conditions are met:
1.
A set of plans, specifications and plot plans shall be filed with
the Approving Authority, showing overall dimensions, topographic conditions,
the location and intended use of existing and proposed buildings,
the relationship of the proposed use to streets and adjacent properties
and other physical features which might impact upon the general welfare.
2.
Before issuing a permit, the Approving Authority shall determine
that the following standards are met:
(a)
A school site shall have direct access onto an existing or proposed
secondary arterial or collector road as indicated on the County or
Municipal Master Plan.
(b)
The minimum lot area for an elementary school shall be five
acres plus one additional acre for each 100 pupils.
(c)
The minimum lot area for all other schools shall be 10 acres
plus one additional acre for each 100 pupils.
(d)
No building shall be located closer than 100 feet to any property
line.
(e)
Fencing shall be provided along adjoining residential properties,
to be located and of a size and type sufficient to keep children from
entering upon such properties either in the course of play or in traveling
to and from school.
(f)
Buffers and screening shall be provided in accordance with the
provisions of this chapter.
(g)
Off-street parking shall be provided at the following ratios:
(1)
Pre-school, child-care, day-care and/or nursery school: two
spaces per staff and employee or one space per 200 square feet, whichever
is greater. A pick-up/drop-off area designed with a continuous circulation
pattern not requiring any backing movement shall be required.
(2)
Elementary, grammar, middle and/or junior high: 1.25 spaces
per classroom or teaching station.
(3)
Senior high school: one space per each five students.
m.
Public Utility Facilities. Electrical substations, telephones exchanges,
telephone booster stations, gas metering stations, transformers, water
and/or sewer pumping stations may be permitted in any zone provided
that:
1.
A statement setting forth the need for and purposes of the installation
are filed with the Approving Authority.
2.
The Approving Authority finds that the proposed installations in
the specific location is necessary or convenient for the operation
of the public utility system or for the satisfactory provision of
service to the neighborhood or area in which the particular use is
to be located.
3.
Utility distribution or collection lines for water, gas, sewerage,
electric and telephone services which are located in a public street
or which service private property in the municipality are exempt from
this section.
n.
Receive-Only Antenna Standards.
1.
Purpose. The Borough has concerns about the appearance and visual
impact of receive-only antennas and with the safety of such antennas
mounted on top of structures and roofs. The Borough finds that unless
regulated, antennas can be installed in such a manner so as to make
them aesthetically unpleasant and visually obtrusive, with an adverse
impact on the use and enjoyment of surrounding properties and on the
welfare of residents within the community. The Borough further finds
that unless regulated, antennas can be installed in such manner so
as to make them unsafe by placing stress on structures and becoming
dislodged during adverse weather conditions causing the antennas to
become unsafe projectiles.
The intent and purpose of this subsection is to establish a
procedure and conditions to avoid such adverse impacts and preserve
the character, beauty and general welfare of the community, and to
promote the safety of the community while conforming to the mandate
of the Federal Communications Commission rules requiring that local
zoning regulations (a) have a reasonable and clearly defined health,
safety, and aesthetic objective; and (b) do not operate to impose
unreasonable limitations on, or prevent, reception to satellite delivered
signals by receive-only antennas or to impose costs on the users of
such antennas that are excessive in light of the purchase and installation
cost of the equipment.
2.
For purposes of this chapter "receive-only antenna" shall mean any
apparatus which is designed for the purpose of receiving radio, television,
microwave, satellite or similar signals.
3.
No receive-only antenna that has a combined total weight of antenna
and mounting mast in excess of 35 pounds shall be constructed, erected
or installed unless and until a building permit is issued by the Construction
Official following the procedures set forth herein.
4.
One receive-only antenna shall be permitted per lot in any district
as a permitted conditional use, provided that the Code Official finds
and determines that the following conditions have been met:
(a)
The antenna surface area, measured in terms of square feet shall
be not more than 80 square feet.
(b)
The equivalent diameter of the antenna measured in terms of
lineal feet shall be no more than 10 feet (3.1 meters).
(c)
The height of the antenna, including its base or mounting structure,
measured vertically from the ground to the highest point of the antenna
when positioned for operation in a ground mounting, shall be no more
than 13 feet, except as in paragraph (i) below.
(d)
Except as provided in paragraph (i) below, each antenna shall
be mounted on a base affixed to the ground and shall be erected on
a secure foundation. For any antennas whose weight exceeds 35 pounds,
the design of the mounting shall be accompanied by the submission
of structural mounting plans, specifications and calculations signed
and sealed by a NJ Professional Planner, and shall contain:
(e)
Except as provided in paragraph (i) below, each antenna shall
be located only in the rear yard of the lot for which it is to be
installed and shall comply in all respects with the minimum requirements
for the rear yard and side yard of the zone in which the lot is situated.
(f)
All power controls and signal cables from the antenna to the
structure which it is designed to serve shall be installed underground
and shall comply with all applicable provisions of the Building Code.
(g)
In any residential zone, any antenna shall be designed only
for the reception of signals for the use, benefit and enjoyment of
the occupants of the structure on the lot on which the antenna is
proposed to be installed.
(h)
No more than one antenna of a particular antenna type shall
be permitted as an accessory for any primary use.
(i)
When reception blockage makes rear yard ground placement of
the antenna impossible or prevents the antenna from fulfilling its
intended use, then such antenna may be installed on a structure above
the height authorized in paragraph (c) above, provided that in no
case shall an antenna be installed upon any segment of roof or exterior
wall which is within that 50% of the structure closest to any public
right-of-way. In the case of thru lots, this regulation shall only
be enforced upon that frontage upon which the principal dwelling entrance
faces. In the case of three sided corner lots, this regulation shall
be enforced upon two of the three sides of a structure which faces
a street right-of-way.
(j)
Antenna shall be reasonably screened by fencing and shrubbery
to reduce motor drive noise and to eliminate the visual impact of
the antennas as may be perceived from the adjacent streets and the
adjacent properties.
In order to insure an obstructed cone of reception from all
North America C&Ku Bank programming sending satellites, for those
types of receive-only antenna within the compass heading of 220 (149W)
to 300 (60W). Further no screening or fencing shall be required between
the vertical angles 10 to 45 elevations to insure an unobstructed
cone of reception. In all other horizontal quadrants except as noted
above, full screening of ground mounted units shall be required. Screening
shall be eight feet in height and shall be planted to provide maximum
screening and shielding from view. Eight foot board- on-board fencing
shall be required as a minimum.
(k)
All ground mounted units shall be colored in brown or green
earth tones. All roof mounted units shall be colored in light blue
gray or silver sky tones. All wall mounted units not protruding above
the roof line shall be so colored so as to match the exterior wall
treatment of the structure to which it is attached.
(l)
Planter boxes or planter tubs shall be placed around the base
of the mounting pole to improve the aesthetic appearance of all ground
mounted antennas, except that no screening shall intrude into the
required unobstructed cone of reception above the 10° vertical
angel required between compass headings of 220 (140W) to 300 (60W).
(m)
No form of advertising or identification shall be allowed on
the receive-only antennas.
o.
Senior Citizen Housing Component. Senior housing is permitted in
the designated zones upon a showing that such use shall comply with
the conditions and standards for such use as contained herein, upon
issuance of authorization by the Planning Board. Senior citizen housing
providing residences for permanent residents aged 55 years or over
in which the residential property and the residential-related open
space, recreation facilities and property are all owned by a mutual
nonprofit corporation, or corporations, established pursuant to the
laws of the State of New Jersey and also governed by Section 123 of
Title II of the National Housing Act as amended, (or provisions of
a similar or comparable nature) or by individuals, condominium associations
or other entities, all of which shall have rules and regulations controlling
the development in conformance with the minimum standards set forth
below:
1.
Minimum lot area: two acre.
2.
Maximum gross site density: 20 dwelling units per acre.
3.
Minimum lot width: 300 feet.
4.
Minimum lot depth: 500 feet.
5.
Minimum building setback to any exterior property line: 50 feet.
6.
Maximum lot coverage by building: 15%.
7.
Maximum impervious lot coverage: 50%.
8.
Floor to area ratio (FAR): 0.33 maximum.
9.
Minimum open space or landscaped area: 40%.
10.
Maximum height: four stories.
11.
Minimum off-street parking: 0.5 spaces per dwelling unit.
12.
Community room floor area shall be provided at the rate of 10 square
feet per dwelling unit.
13.
Minimum landscaped buffer area adjoining existing adjacent land uses:
25 feet wide.
14.
Minimum developed recreation area: A minimum of 10% of the required
open space area shall provide improved active and/or passive recreation
facilities.
16.
Affordability. At least 20% of all units constructed shall be set
aside for affordable units for low and moderate income residents in
conformance with the rules and procedures promulgated by the New Jersey
Council on Affordable Housing.
17.
Medical Facilities. There shall be a minimum of 500 square feet of
floor area provided to allow for the provision of all medical facilities,
including first, and period visits by one or more members of the medical
profession and/or for consultation/treatment of residents for the
retirement community as required by any applicable Federal, State
or local regulations. Direct exterior access shall be designed to
convenient on-site loading space area for emergency vehicles to the
medical suite.
18.
Convenience Retail Component. In addition to the senior citizen residential
component, the senior housing project may include:
(b)
Off-street parking for any retail component shall be calculated
and provided in addition to all other parking requirements at the
rate of one space for each 200 square feet of gross floor area.
(c)
No interior or exterior signage shall be permitted for any retail
occupancies of the senior citizen housing project.
19.
Management and administrative office space servicing only the senior
citizen housing complex shall be permitted:
(a)
Office area shall not exceed 1,000 square feet of gross floor
area.
(b)
Off-street parking for any office component shall be calculated
and provided in addition to all other parking requirements at the
rate of one space for each 200 square feet of office area.
(c)
No signage shall be permitted for any office occupancy of the
senior citizen housing project.
20.
Lighting standards for outdoor parking areas shall be a maximum of
20 feet in height and shall be reflected away from windows of the
dwelling units and from any nearby residences in order to minimize
the impact of such lighting on the residents in the dwelling units.
21.
No dwelling units shall be permitted in any basement area.
22.
Coin operated laundry washing and drying machines shall be located
on every other floor of each building in adequate number for the sole
use of the occupants.
23.
A minimum of 500 square feet shall be provided for building and grounds
maintenance and repair shop with storage.
24.
All units constructed shall be designed to accommodate a barrier-free
life-style and shall comply with all applicable Federal and State
minimum design standards for barrier-free dwelling units, pursuant
to the Americans with Disabilities Act.
25.
Alarm switches shall be installed in each dwelling unit to summon
aid in an emergency. The switches shall be located at least in the
bedroom and bathroom. The switches shall be connected to illuminate
an audio and visual signal in a central location.
26.
Storage Space. A minimum of 80 square feet of gross floor area of
storage space shall be provided within the floor plan design of each
senior dwelling unit.
27.
The size and arrangement of bathrooms and fixtures therein shall
be adequate for the convenient use of older persons. The floor finish
shall be impervious to water, have non-slip characteristics, and slope
inward. The threshold of the bathroom shall be flush with the floor.
All plumbing fixtures, accessories and trim shall be selected for
and provide the maximum contribution to the safety, convenience, and
aid to older persons. Grab bars shall be provided beside toilets and
in bath tubs and/or shower stalls. Shower stalls will include a built-in
seat or bench or sufficient space for a bath stool.
28.
Security. The entire senior housing project shall be provided with
a security system and physical security measures designed pursuant
to the review and written approval of the Borough Police Department.
29.
The entire senior housing project and each individual senior dwelling
unit shall be provided with a fire alarm system sensitive to the presence
of both heat and smoke designed pursuant to the review and written
approval of the Borough Fire Chief and Borough Fire Subcode Official.
30.
A maximum of 5% of the total number of units to be developed may
be two bedroom units, providing a minimum of 800 square feet gross
floor area.
31.
Nonprofit recreational, cultural and community facilities for the
use of the residents of the senior housing project and their guests
may be permitted, including but not limited to: community multi-purpose
room, dining room, kitchen, lobby-sitting areas, library, tenants/occupants
office area, indoor recreation activities, exterior active and passive
recreation areas, picnic areas, etc.
[Ord. No. 919 Art. XVIII]
a.
All construction shall be performed in accordance with the details
and specifications of the Borough of Milltown and the Standard Specifications
for Road and Bridge Construction of the New Jersey Department of Transportation.
b.
The developer shall employ a New Jersey licensed professional engineer
and/or architect to prepare all plans and specifications or similar
documents, and a licensed land surveyor of New Jersey to make land
surveys.
c.
Construction shall be performed under the supervision and inspection
of the Municipal Engineer in accordance with the regulations defined
elsewhere herein.
d.
Minor modifications or changes in the approved plans and specifications
may be effected only upon written approval of the Municipal Engineer,
but some changes may require further review and approval of the Approving
Authority prior to making any change.
e.
The Ordinance Establishing Requirements, Standards and Procedures
for Construction of and Payment for Off-Site Improvements is adopted
in whole by reference hereto within the Performance Standards of this
chapter.
[Ord. No. 919 Art. XVIII]
The following design and performance standards shall be adhered
to.
[Ord. No. 919 Art. XVIII]
a.
An accessory building attached to the principal building shall comply
in all respects with the yard requirements of the principal building.
b.
Detached accessory buildings shall be located to the rear of the
front building line of the principal building, and if located in side
yard area, shall conform to the side yard requirements.
c.
No accessory building in conjunction with a residential dwelling
shall exceed 600 square feet in gross floor area.
d.
No accessory building within any zone shall exceed 15 feet in height.
e.
No accessory building within any zone shall be used for residential
purposes.
f.
No accessory building, with the exception of flag poles, light or
sign posts, walks, driveways, patios at ground level, and mail boxes,
shall be erected within any front yard.
[Ord. No. 919 Art. XVIII]
For any application involving an adult book store, the Approving
Authority shall review compliance with the following standards:
a.
Adequate off-street parking shall be provided at a rate consistent
with established standards for retail business use in this chapter.
b.
No adult book store shall be located within any residential zone
or within 1,000 feet of any other adult book store or within 1,000
feet of a community facility, elementary, middle or high school, church,
synagogue, playground or public park.
c.
The Approving Authority shall determine that the site plan is compatible
to the adjacent uses. Buffers shall be required and shall be constructed
in conformance with the provisions of this chapter.
d.
The Approving Authority shall determine whether the relationship
of the proposed use to streets and adjacent properties and other physical
features might act as a deterrent to the general welfare.
[Ord. No. 919 Art. XVIII]
For any application involving an automotive dealership, in addition
to any other required approvals, the Approving Authority shall review
for compliance with the following:
a.
A set of plans, specifications and plot plans shall be filed with
the Approving Authority, showing overall dimensions, topographic conditions,
the location and intended use of existing and proposed buildings,
the relationship of the proposed use to streets and adjacent properties
and other physical features which might act as a deterrent to the
general welfare.
b.
Determine that the following standards are met:
1.
The minimum lot area shall be 40,000 square feet and the minimum
frontage shall be 200 feet.
2.
No automobile shall be displayed closer than 10 feet to the front
property line. This setback area shall be landscaped with 2 1/2
foot high evergreen in a continuous row and shall not be used for
off-street parking or any other purpose.
3.
All such uses shall be subject to site plan review and shall address
the effective handling of customer parking, on-site traffic circulation,
and perimeter buffering in conformance with this chapter. Staff and
customer parking shall be provided on-site at the rate of one space
for every five spaces available for vehicle display.
4.
Automobile prices or year of manufacture shall not be boldly displayed
on the automobile in a manner which would be legible from the roadway.
The purpose of this regulation is to avoid undue distractions to the
traveling public.
5.
Banners, flags, movable signs, flashing lights, pennants, rotating
devices or similar devices shall not be permitted. Signs shall conform
to the requirements of the municipal sign ordinance.
6.
No facilities for automobile body repair or mechanical repair shall
be permitted to be located on the premises used for sales and showrooms
of new and used automobiles except those facilities necessary for
the preparation or maintenance of automobiles sold upon the premises
and only where the facilities are clearly incidental and subordinate
to the principal.
[Ord. No. 919 Art. XVIII]
a.
Bikeways may be required at the Approving Authority's discretion,
depending on the development's location in relation to schools and
recreation areas. Bicycle traffic shall be separated from motor vehicle
and pedestrian traffic as much as possible.
b.
Bikeways shall generally not exceed a grade of 3%, except for short
distances, and shall be a minimum of eight feet wide. Bikeways shall
have a minimum four inch base of crushed stone and a two inch FABC-2
surface course. Where bike paths, located outside street rights-of-way,
intersect a street, the curbing shall be ramped for bicycle access
to the street grade, and the applicant shall be required to post adequate
signs for street warning vehicles of the bicycle crossing.
[Ord. No. 919 Art. XVIII; Ord. No. 03-1148 § 1]
a.
Function and Materials. Buffering shall provide a year-round visual
screen in order to minimize adverse impacts from a site on an adjacent
property or from adjacent areas. It shall consist of fencing, evergreens,
berms, mounds or combinations to achieve the stated objectives.
b.
When Required. Buffer areas shall be required along all lot lines
and street lines which separate a nonresidential use from either an
existing residential use or residential zoning district and/or where
the Approving Authority has determined that there is a need to shield
a site from adjacent properties and to minimize adverse impacts such
as incompatible land uses, noise, glaring light, and traffic.
c.
Where Required. Buffer areas shall be measured from property lines.
Buffers shall be at least 10 feet in width, except where otherwise
stated. Where a fast food use is adjacent to a residential use or
zone, the buffer shall be at least 20 feet in width and shall contain
a solid fence and/or screen wall six feet high located along the property
line separating the fast food use from the residential use or zone.
d.
Parking areas, garbage collection and utility areas, and loading
areas shall be screened around their perimeter by a buffer a minimum
of five feet wide.
e.
All buffer areas shall be planted and maintained with either grass
or ground cover, together with a living wall screen of live shrubs
or scattered planting live trees, shrubs or other plant material meeting
the following requirements:
1.
The preservation of all natural wooded traits shall be an integral
part of all site plans and may be calculated as part of the required
buffer area, provided that growth is of a density and the area has
sufficient width to serve the purpose of a buffer. Where additional
plantings are necessary to establish an appropriate tone for an effective
buffer, the plantings may be required.
2.
Planting materials used in screen plantings shall be at least four
feet in height when planted and be of such density as will obscure,
throughout the full course of the year, the glare of automobile headlights
emitted and other adverse impacts such as, but not limited to: 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.
3.
The screen planting shall be so placed that at maturity it will not
be closer than three feet to any street or property line.
4.
Trees shall be at least eight feet in height and 2.5 inches caliper
when planted and be of species common to the area, be of balled and
burlapped nursery stock and be free of insects and disease.
5.
Any plant material which does not live shall be replaced within one
year or one growing season.
6.
Screen plantings and landscaping shall be broken at points of vehicular
and pedestrian ingress and egress to assure a clean sight triangle
at all street and driveway intersections.
7.
No buildings, structures, storage of materials, or parking shall
be permitted within the buffer area; buffer areas shall be maintained
and kept free of all debris, rubbish, weeds and tall grass.
[Ord. No. 919 Art. XVIII]
Any principal or accessory building located on a corner lot
shall have a minimum setback from all street lines equal to the required
front yard. The remaining yards shall be considered side yards for
the purpose of this chapter.
[Ord. No. 919 Art. XVIII]
a.
Whether or not licensed or approved by the N.J. Division of Youth
and Family Services, all uses providing for child care or day care
services or facilities shall conform to the standards for such child
care facilities and services as shall be promulgated and from time
to time amended by the N.J. Division of Youth and Family Services.
b.
A minimum of 30 square feet of indoor floor area shall be provided
for each child enrolled.
c.
A minimum of 30 square feet of outdoor recreation shall be provided
for each child enrolled.
d.
Off-street parking with appropriate aisle width, buffering and access
designed in conformance with the design standards of the Borough shall
be provided at the ratio of two spaces per each staff member and/or
employee, or, one space per 100 square feet of gross floor area, whichever
is greater.
e.
Child drop off-pick up facilities for motor vehicles shall not occur
on a dedicated public right-of-way. All vehicular drop off-pick up
shall be designed to be accommodated in a supervised on-site, off-street
location which shall not create any vehicular queuing or stacking
of any driveway or public right-of-way.
f.
All outdoor recreation areas shall be secured by fencing with gates
of a minimum five feet height, and constructed of materials designed
to the satisfaction of the Planning Board for compatibility with surrounding
land uses.
[Amended 11-9-2020 by Ord. No. 2020-1494]
g.
All outdoor recreation areas shall be screened and buffered in conformance with subsection 34-33.5.
h.
Person desiring to operate the day care center must submit a copy
of the building's certificate of occupancy issued by the municipality
reflecting the center's compliance with the provisions of the State
Uniform Construction Code (N.J.A.C. 5:23) for the following classifications:
1.
E (Educational) for buildings accommodating children 2 1/2 years
of age and/or older and having a total occupancy (children and adults)
that is 50 or more; or
2.
(Business) for buildings accommodating children total occupancy (children
and adults) that is fewer than 50; or
3.
I-2 (Institutional) for buildings accommodating one or more children
below 2 1/2 years of age.
[Ord. No. 919 Art. XVIII]
a.
Purpose. The purpose of this section is to establish rules, regulations,
standards and procedures for the preparation of an environmental impact
statement by the applicant in order to provide essential information
to the Planning Board so that the environmental consequences of a
proposed activity can be evaluated and controlled for the promotion
of the safety, public health, convenience and general welfare of the
community. The environmental impact statement shall describe, with
suitable sketches and plans, the proposed project. The environmental
impact statement shall compliment, rather than duplicate, the site
plan and building plan and shall include a survey and description
of the environmental features of the property.
[Amended 11-9-2020 by Ord. No. 2020-1494]
b.
Applicability. All applications for subdivision, site plan, use variance,
or conditional use for any application involving one acre (32,560
square feet) or more of land, shall be required to include an environmental
impact statement as part of the application submission documentation.
c.
Prior to submitting a preliminary plat for any application involving
more than one acre of land, the applicant shall use the Borough's
Master Plan or the Soil Conservation Service maps to present an overview
of the natural limitations of the site and to guide the layout of
the proposed development. These maps will aid in locating soil types,
topography, slopes, surface water, aquifers, depth to water table,
floodplains, vegetation, foundation limitations, erosion potential
and septic suitability. With regard to freshwater wetlands, mapping
showing the general location of wetlands in available from the New
Jersey Department of Environmental Protection and Energy (NJDEPE)
and should be utilized for preparing the overview of natural limitations.
It is anticipated that major areas of concern can be identified and
agreed upon by use of this generalized data at an early stage in order
to avoid development designs that will encroach upon the major environmental
problem areas. Where environmentally sensitive areas identified by
this general data must be encroached upon, the environmental impact
statement submitted at the preliminary plat stage can analyze the
problem in more detail based on on-site evaluations, but limiting
the analysis to the smaller areas of concern.
d.
The preliminary plat for any development of one acre or more shall
be accompanied by an environmental impact statement complying with
the following, unless as a result of data submitted prior to the preliminary
plat, the Approving Authority shall have waived or modified certain
portions of these requirements:
1.
A description of the development specifying what is to be done during
construction and operation, how it is to be done, and practical alternate
plans to achieve the objective(s).
2.
An inventory of the following on-site environmental conditions and
an assessment of the probable impact of the development upon them:
water supply; water quality; floodplain protection; geology; soil
erosion; wetlands; sewage disposal; topography; slopes in excess of
10% vegetation and vegetation protection; depth to bedrock; noise
characteristics and levels; air quality; land use; site aesthetics,
such as views, terrain and mature wooded areas; and historic sites.
Air and water quality shall be described with reference to standards
promulgated by the Department of Environmental Protection of the State
of New Jersey, and soils shall be described with reference to Soil
Conservation Service categories and characteristics.
3.
A list and the status of the licenses, permits and approvals needed
from Federal, State or County agencies, including the conclusions
and comments of these governmental agencies.
4.
An evaluation of any adverse environmental impacts which cannot be
avoided. Particular emphasis shall be placed upon air or water pollution,
traffic increases, increase in noise, increase in sedimentation and
siltation, increase in municipal services or capital needs and consequences
to the municipal tax structure. The evaluation should include how
the developer can assist in minimizing the adverse impacts by altering
design concepts or by making, or participating in, on- or off-tract
improvements.
5.
In conjunction with the submission of an Environmental Impact Statement,
the applicant shall prepare and submit a Fiscal Impact Analysis which
shall detail all municipal costs to be generated by the proposed development,
identified by type of obligation such as, but not limited to: public
safety, public works, health and welfare, recreation, education, administration,
utilities, garbage, etc. All anticipated municipal revenues to be
realized by the creation of the proposed development shall be identified.
In both cost and revenue analysis, dollar values used shall reflect
the current year of application budgeting dollar equivalents for comparative
purposes. A determination of annual net cost/revenue shall be provided.
This cost revenue analysis shall be provided via annual projection
to the year of projected 100% project buildout completion.
e.
Information Required.
1.
General Requirements. The information required shall be presented
in a concise descriptive report. The descriptive report shall be supplemented
with graphic and explanatory material when environmentally sensitive
areas are involved. Environmentally sensitive areas include, but are
not limited to, stream corridors and floodplains, depth to bedrock
of less than two feet, streams and water bodies, wetlands, slopes
greater than 10%, highly acid, or erodible soils, mature stands of
trees, aquifer recharge areas, aquifer discharge areas and unique
natural features and habitats.
2.
Specific Requirements.
(a)
Project description. Describe the suitability of the site for
the intended use and indicate the extent to which the site must be
altered, the kinds of facilities to be constructed, the uses intended
and an estimate of the resident population and working population.
The compatibility or incompatibility of the proposed project shall
be described in relation to the following:
(b)
Site description and inventory.
(1)
Types of soil. A complete mapping of all soil types on the site
shall be required and a description of each soil's characteristics
shall be included, with a reference to the Soil Survey of Middlesex
County, New Jersey. The statement should make specific reference to
the Soil Survey Tables for Engineering Index Properties, Soil and
Water Features, and, where applicable, Sanitary Facilities.
(2)
Topography. Describe the topographic conditions of the site.
(3)
Geology. Describe the geologic formations and features associated
with the site as well as depth to bedrock conditions. Delineate those
areas where bedrock is in close proximity to the surface (within two
feet of the surface), as well as major rock outcroppings.
(4)
Vegetation. Map and describe the diversity and frequency of
all major species.
(5)
Wetlands. A presence/absence letter indicating whether wetlands
exist on a property shall be obtained from NJDEPE. If it is known
or anticipated that wetlands exist on a property and in lieu of a
presence/absence letter, a Letter of Interpretation (LOI) shall be
obtained from NJDEP. Any wetland delineation shall be shown on the
site plan and/or subdivision maps as well as support documents for
the Environmental Impact Statement.
(6)
Wildlife. Describe the diversity and extent of wildlife habitats.
Identify any unique habitats.
(7)
Surface water. Describe and map existing watercourses and water
bodies that are partially or totally on the site. Determine the existing
surface runoff from the site. Existing drainage structures shall be
mapped and the capacity of the drainage network shall be determined.
When the natural drainage pattern will be significantly altered or
sewage effluent is to be added to a watercourse or body, an analysis
shall be conducted which will investigate flow, depth, capacity and
water quality of the receiving waters.
(8)
Subsurface water. Where existing conditions warrant, describe
the subsurface water conditions on the site, in terms of both depth
to groundwater and of water supply capabilities of the site. From
existing data, provide detailed information regarding existing wells
within 500 feet of the site as to depth, capacity and water quality.
(9)
Unique, scenic and/or historic features. Describe and map those
portions of the site which can be considered to have unique scenic
and/or historic qualities. Discuss views to and views from prominent
locations.
(10)
Existing development features. Describe any existing
features on the site that are not considered to be part of the natural
environment. Include roads, housing units, accessory structures, utility
lines, sewage facilities and public water supplies. When required,
a regional analysis should be included which describes existing infrastructure
for stormwater, sewerage, water supply and transportation.
(c)
Environmental Impact.
(1)
Describe on-site sewerage facilities and off-site sewerage conditions.
Demonstrate adequacy of both on-site and off-site sewerage facilities
and capacities and that the sewage can be disposed of without pollution
to natural and manmade water systems.
(2)
Demonstrate that an adequate potable water supply is available for both domestic use and fire protection and demonstrate compliance with N.J.S.A. 58:12A-1 et seq., New Jersey Safe Drinking Water Act, and BH Chapter 4, Individual and Semi-Public Water Supply Code.
(3)
Discuss the effect of the proposed activity on ground and surface water quality and quantity. Include calculations of before-development and after-development infiltration capacity. Describe any activities which may result, even temporarily, in compliance with relevant water quality standards and demonstrate ability to comply permanently with State and local regulations as set forth in N.J.S.A. 26:3B-2 and 3, Nuisances, N.J.A.C. 7:14, Water Pollution Control Act, N.J.A.C. 7:14A-1, New Jersey Pollution Discharge Elimination System, BH Chapter 2, Section 2-11c., Public Health Nuisance Code, and BH Chapter 12, Water Supply Protection.
(4)
Describe any impact on stream corridors, wetlands, erodible
soils, vegetation, wildlife habitats, aquifer recharge areas and historically
or archaeologically significant areas.
(5)
Describe an effect, including cumulative effects, of the proposed activity on air quality surrounding the project. Demonstrate compliance with relevant State and local regulations and standards for visible and invisible pollutants in the air as set forth in N.J.A.C. 27, Air Pollution Control, BH Chapter 2, Section 2-11d., Public Health Nuisance Code, and BH Chapter 16, Air Pollution Control.
(6)
Demonstrate that there will be no significant increase in sound levels which will adversely impact public health and welfare nor be detrimental to the quality of life and privacy of the surrounding community. Demonstrate compliance with N.J.A.C. 7:29, Noise Control, and BH Chapter 2, Section 2-11c., Public Health Nuisance Code.
(7)
Describe any hazardous substances to be transported to or from or to be stored at the site and solid waste which will be generated by the proposed activity. Demonstrate compliance with relevant State and local regulations and standards as set forth in N.J.S.A. 13:1K-6, Environmental Cleanup and Responsibility Act, N.J.A.C. 7:19, Discharges of Petroleum and Other Hazardous Substances, N.J.A.C. 7:30, Pesticide Control, and BH Chapter 17, Hazardous Substance Control.
(8)
Describe the environmental impact of traffic generation.
(9)
Describe any adverse environmental effect that may occur during
the construction phase of the project.
(10)
List all publications, file reports, manuscripts
or other written sources of information related to the project, the
project site and the Borough which were consulted and employed in
the compilation of the Environmental Impact Statement.
(11)
Demonstrate that there will be no adverse impact
to environmentally sensitive areas from the proposed development.
(12)
Demonstrate that there will be no adverse impact
to traffic safety from the proposed development.
(d)
Environmental performance controls. Describe in detail what
measures will be employed during the planning, construction and operation
phases which will minimize or eliminate negative impacts on and off-site
resulting from the proposed activity, but not limited to:
(1)
Site design techniques sensitive to the natural environment,
which should include innovative landscapes, building and circulation
design and buffers.
(2)
Drainage plans which would limit off-site runoff.
(3)
Sewage disposal techniques.
(4)
Water supply and water conservation proposals.
(5)
Energy conservation measures.
(6)
Pollution control measures that favorably affect air quality
and water quality and reduce noise.
(7)
Open space reserves.
(8)
Procedures for chemical spill prevention, control and cleanup.
(e)
The name and address of the person, persons, or entity who prepared
the Environmental Impact Statement and their curriculum vitae.
f.
Disposition. The Planning Board shall use the environmental impact,
and where appropriate, formulate reasonable and necessary conditions
of approval which will mitigate adverse environmental impact.
[Amended 11-9-2020 by Ord. No. 2020-1494]
g.
Notwithstanding the foregoing, the Approving Authority may waive
the requirement for all or part of an Environmental Impact Statement
if sufficient evidence is submitted to support a conclusion that the
proposed development will have a slight or negligible environmental
impact, or upon a finding that the complete report need not be prepared
in order to evaluate the environmental impact of the development.
[Ord. No. 919 Art. XVIII; Ord. No. 01-1107; Ord.
No. 03-1148 § 1; Ord.
No. 14-1392]
Fences and walls shall not be located in any required sight
triangle. Fences may be erected, altered or constructed in accordance
with the following regulations and in accordance with all other provisions
of this chapter:
a.
Hedges running parallel to the front or side property lines may be
erected, altered or reconstructed to a height not to exceed three
feet above ground level in the front yard area toward which the front
entrance of any dwelling in a residential zone faces.
b.
For interior lots in a residential zone (see fence location details)
fences, walls and hedges running parallel to side or rear property
lines may be erected, altered or reconstructed to a height not exceeding
six feet above ground level when located in the side or rear yards
of any lot at a point even with or to the rear of the front building
line.
For corner lots in a residential zone (see fence location detail)
fences, walls and hedges greater than three feet in height and not
exceeding six feet in height may be located no closer than 10 feet
to the front property line along that portion of the lot frontage
(sometimes referred to as a front/side) where the front door or main
entrance to the dwelling is not located or facing and behind or even
with the building line extended to the front property line of the
side street.
Note: The fence location details may be found on file in the
Borough Offices.
c.
Fences and hedges running parallel to the side or rear yard lines
may be erected, altered or reconstructed to a height not to exceed
six feet when located in the side or rear yards of any dwelling in
a residential zone at any point to the rear of the rear building line.
d.
The foregoing restrictions shall not be applied so as to prevent
the erection of any open wire fence not exceeding 10 feet above ground
level anywhere within a public park, public playground, municipal
or school premises.
e.
All fences, walls and hedges must be erected within the property
lines, and no fence, wall or hedge shall be erected so as to encroach
upon a public right-of-way.
f.
All fences, walls and hedges shall be maintained in a safe, sound
and upright condition and present a uniform appearance.
g.
Fences on property bordering crosswalks that bisect two residential
properties shall not exceed six feet in height on the side of the
property adjoining the crosswalk. Fencing must be set back at least
two feet from the crosswalk.
h.
The height of the fence shall be measured from a point on the ground
directly under the fence to the highest point on the fence above the
ground reference.
i.
The maximum height indicated above shall not apply to any fencing
within 10 feet of the periphery of any private wading or swimming
pool. Such fencing shall be in no case less than four feet in height.
j.
When a fence, as constructed, shall have a finished side as compared
to an unfinished or inside surface, the finished or public side shall
face outward.
k.
Obstruction of View. No fence shall be situated in such a manner
that would obstruct the view of vehicular or pedestrian traffic at
any intersection or crosswalk.
l.
Sight Triangles. Nothing in this section shall supersede the mandatory
sight triangle requirements as found elsewhere in this chapter.
m.
Design. Fences, walls or other similar dividing structures shall
not be more than 90% solid in every linear foot. Such fences shall
include, but not be limited to: board-on-board fences, basket weave
fences, and other such similar style partially open fence designs.
n.
Barbed Wire. The use of barbed wire in any manner in the construction
of any fence is expressly prohibited in all zones.
o.
Fences and walls should not be located in any required sight triangle
or within the front yard setback as set forth herein.
[Ord. No. 919 Art. XVIII]
a.
Fire Hydrants; Standpipes. Provision shall be made for fire hydrants
along streets, together with standpipe and sprinkler connections on
the outside walls of nonresidential structures as approved by the
Municipal Fire Department and Municipal Engineer in accordance with
Insurance Service Office Standards.
b.
Fire Lanes. Fire lanes 12 feet in width shall be required across
the front and rear of all new residential, institutional, commercial
and industrial uses with gross floor area in excess of 10,000 square
feet. Similar fire lanes are recommended for design along the sides
of all new commercial and industrial uses. Parking shall be strictly
prohibited in all fire lane areas.
c.
Hydrant spacing shall not exceed 500 feet between hydrants.
[Ord. No. 919 Art. XVIII]
The height limitations of this chapter shall not apply to church
spires, fire walls, belfries, cupolas, chimneys, ventilators, skylights,
bulkheads and similar features and necessary mechanical appurtenances
usually carried above the roof level. Such features, however, shall
be erected only to such height as is necessary to accomplish the purpose
that they are to serve. Provisions of this chapter shall permit the
erection of parapet walls or cornices for ornament without windows
above the building height limit by not more than three feet. Quasi-public
buildings and public buildings, schools and churches may exceed the
height limit herein established, provide that such uses shall increase
the front, rear and side yards one foot for each foot by which such
building exceeds the height limit established for the district within
which the use is located.
[Ord. No. 919 Art. XVIII]
A homeowners' association may be established to own and maintain
common open space and common property designed within a development.
If established, the organization shall incorporate the following provisions
in a manner consistent with and as may be more specifically required
by the New Jersey State Condominium Act, and, the New Jersey Planned
Real Estate Development Act:
a.
Membership by all property owners, condominium owners, stockholders
under a cooperative development and other owners of property or interest
in the project shall be mandatory. Required membership and their responsibilities
shall be in writing between the organization and each member in the
form of a covenant, with each agreeing to liability for his pro rata
share of the organization's costs.
b.
The organization shall be responsible for liability insurance, taxes,
maintenance and any other obligations assumed by the organization.
c.
The organization shall be allowed to adjust the assessment to meet
changing needs.
d.
The organization shall clearly describe in its bylaws and governing
documents all the rights and obligations of each tenant and owner,
including a copy of the covenant, master deeds, bylaws and articles
of incorporation of the organization, and shall state that every tenant
and property owner in good standing shall have the right to use all
common properties. There shall be set forth as a condition of approval
and shall be submitted prior to the granting of final approval.
e.
The articles of incorporation, covenants, bylaws, master deeds and
other legal instruments shall ensure that such organization shall
maintain the common open space or common property in reasonable order
and condition. The Municipal Council may serve written notice upon
such organization or upon the owners of the development, setting forth
the manner in which the organization has failed to maintain the common
open space or common property in reasonable condition, and the notices
shall include a demand that such deficiencies or maintenance be cured
within 35 days thereof.
[Ord. No. 919 Art. XVIII]
These uses where and if permitted in this chapter as specified
herein shall comply with the following minimum standards:
c.
Appropriate areas shall be set aside for the recreational needs of
the guests.
e.
All garbage receptacles for storage and pickup shall be centrally
located and easily accessible within a screened above-ground enclosure.
f.
Fire lanes (12 feet wide) shall be required along all sides of this
use.
[Ord. No. 919 Art. XVIII]
Monuments shall be the size and shape required by N.J.S.A. 46:23-9.12
(the Map Filing Law, as amended) and shall be placed in accordance
with the statute and indicated on the final plat. All lot corners
shall be permanently marked with a metal alloy pin or equivalent.
[Ord. No. 919 Art. XVIII]
Natural features such as trees, brooks, swamps, hilltops and
views shall be preserved whenever possible. On individual lots, care
shall be taken to preserve selected trees to enhance soil stability
and the landscape treatment of the area.
[Ord. No. 818 Art. XVIII]
The lawful use of land, buildings or structures existing (as
of February 19, 1950) when this chapter was adopted, may be continued
on the lot or in the structure although they may not conform to this
chapter, and any such structure may be restored or repaired in the
event of partial destruction thereof; provided, however, that none
shall be enlarged, extended, relocated, converted to another use or
altered, except in conformity with this chapter and as permitted below.
Land on which a nonconforming use or structure is located, and any
nonconforming lot, shall not be subdivided or resubdivided so as to
be made more nonconforming in any manner.
a.
Abandonment. A nonconforming use shall be considered abandoned: if
it is terminated by the owner; if, and to the extent that, a nonconforming
use involving a structure is discontinued; or if a nonconforming use
of land without structure(s) ceases. Any changes made to a nonconforming
use shall be indicative of intent to abandon the nonconforming use
and shall extinguish any nonconforming rights that may have existed.
The subsequent use of the changed or abandoned building, structure
and/or land shall be in conformity with this chapter.
b.
Conversion to Permitted Use. Any nonconforming building, structure
or use may be changed to conform to this chapter but shall not be
changed back to a nonconforming status. Site plan review and approval
of this conversion shall be required.
c.
Maintenance may be performed on a nonconforming use, structure or
lots, provided the maintenance work does not change the use, expend
the building or the functional use of the building, increase the area
of a lot used for a nonconforming purpose or increase the nonconformity
in any manner.
d.
Nonconforming Lots and Structures. As applied to individual single
family units, for any structure on a conforming or nonconforming lot
which violates any bulk requirement, ground floor horizontal 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 regulations is not exceeded and the accessory building
and/or the addition to the principal building do not create any new
violations of the zoning ordinance, or does not further extend or
intensify an existing bulk violation.
e.
Restoration and Repairs.
1.
Any nonconforming building, structure or use which has been condemned
or damaged by fire, explosion, flood, windstorm or act of God shall
be examined by the Code Enforcement Officer. If in his opinion the
value of repairing the condition is greater than 50% of the value
of replacing the entire structure, it shall be considered completely
destroyed and may be rebuilt to the original specifications only upon
approval of a use variance as provided by this chapter.
2.
Where the value of repairing the condition is determined to be less
than or equal to 50% of the value of replacing the entire structure,
the nonconforming structure or use may be rebuilt and used for the
same purpose as before, provided it does not exceed the height, area
and bulk of the original structure.
3.
The percent damaged or condemned shall be the current replacement
costs of the portion damaged or condemned computed as a percentage
of the current replacement cost of the entire structure, neither to
include the cost of the foundation unless the foundation is damaged
or condemned.
f.
Sale. Any nonconforming use, structure or lot may be sold and continue
to function in the same nonconforming manner.
[Ord. No. 919 Art. XVIII;
amended 2-11-2019 by Ord. No. 19-1469]
a.
When Required. Before final approval of a subdivision or site plan,
the Approving Authority may require, in accordance with the standards
of this chapter and an adopted circulation plan, utility plan and
stormwater management plan, the installation, or as a condition of
final approval, the furnishing of a performance guarantee or payment
by cash or certified check in lieu thereof, of a developer's pro-rata
share of the cost of the following off-tract improvements which are
reasonable and necessary: street improvements, water system, sewerage,
drainage facilities and easements therefor located off-tract but necessitated
or required by construction or improvements within such subdivision
or development.
b.
Procedure. The Approving Authority at the hearing for the site plan
or subdivision approval shall consider evidence whether the impact
of the development construction or improvements upon the existing
off-tract street improvements, water system, sewerage, and drainage
facilities requires that such facilities be either improved or upgraded
and the cost of such improvements or upgrades. In so doing, the Approving
Authority shall consider the circulation, utility plan and stormwater
management plan in the Borough of Milltown Master Plan.
c.
The Approving Authority shall determine as to each required improvement
whether it is to be paid for entirely by the municipality, entirely
by the developer or by the developer and the municipality in accordance
with the following standards to determine the proportionate or pro
rata amount of the cost of such facilities that shall be borne by
each developer or owner.
d.
If it is determined by the Approving Authority that off-site street
improvements, water system improvements, sewerage and drainage facilities
improvements are not directly related to the project but are necessary
for the benefit of the project and other users, the pro rata share
paid for the developer shall be determined as follows:
1.
Sanitary Sewerage System. The need for improvements to the Borough's
sanitary sewerage system shall be determined by an engineering study
of the impacts to the Borough's system. The study is to be performed
by the developer's engineer or by the Municipal Engineer and paid
for by the developer.
(a)
Study Parameters.
(1)
Trigger for Study. Average daily flow rate over 900 GPD or where
a sewer extension is required.
(2)
Flow generation and capacities per RSIS and NJDEP regulations.
(3)
Pump stations shall be provided with two power sources, one as a
back-up per N.J.S.A. 7:14A-23.10.
(4)
"Adequate conveyance capacity" means:
(i)
In the downstream sewers, the peak dry weather flow does not
exceed 80% of the depth of the pipe and the peak wet weather flow
does not result in overflows or discharges from any unpermitted discharge
locations; and
(ii)
In downstream pumping stations with two pumps, peak dry weather
flow shall be handled by one pump, and in pumping stations with more
than two pumps, peak dry weather flow shall be handled with the largest
pump out of service, and the peak wet weather flow does not result
in any overflow or discharge from any unpermitted discharge location.
(b)
Developer' s Pro Rata Contribution:
(c)
EQUIVALENT DWELLING UNIT (EDU)
(1)
(2)
(3)
Definitions:
Each commercial, industrial, professional, institutional or
public user whose estimated flow potentially does not exceed 300 gallons
per day. Flows shall be based on the projected flow criteria in N.J.A.C.
7:14A-23.3.
Where commercial, industrial, professional, institutional or
public user potentially exceed 300 gallons per day, then each 300
gallons or fraction thereof shall be considered one unit.
(d)
Notes:
2.
Potable Water System: The need for Improvements to the Borough's
potable water system shall be determined by an engineering study of
the impacts to the Borough's system. The study is to be performed
by the developer's Engineer or by the Municipal Engineer and paid
for by the developer.
(b)
Developer' s Pro Rata Contribution:
(c)
EQUIVALENT DWELLING UNIT (EDU)
(1)
(2)
(3)
(4)
Definitions:
Each commercial, industrial, professional, institutional or
public user whose estimated water consumption potentially does not
exceed 300 gallons per day. Flows shall be based on the projected
flow criteria in N.J.A.C. 7:10-12.6.
Where commercial, industrial, professional, institutional or
public users potentially exceed 300 gallons per day, then each 300
gallons or fraction thereof shall be considered one unit.
Each fire sprinkler service line.
(d)
Notes:
(1)
For water distribution systems, benefitting EDUs shall be those directly
connected to the entire unproved water system or facility.
(2)
For water storage facilities and pump stations, benefitting EDUs
shall be the total EDUs within the Borough.
(3)
Where the improvement is for the exclusive benefit of the developer,
his or her share shall be 100%.
(4)
Low and moderate units included in a development shall not be included
in the pro rata calculation.
(5)
The total EDUs for 2019 and future year developments are set forth
on attached chart.
|
Calculation of Equivalent Dwelling Units
| |||
|---|---|---|---|
|
Uses
|
Number of Units
|
Water Demands
(gallons per year)
|
EDUs
|
|
Commercial
| |||
|
Home Depot
|
N/A
|
697,100
|
7
|
|
Target
|
N/A
|
67,600
|
1
|
|
Applebee's
|
N/A
|
1,928,8000
|
18
|
|
Acme
|
N/A
|
1,276,500
|
12
|
|
Temple Inland
|
N/A
|
360,200
|
4
|
|
Miscellaneous commercial uses
|
N/A
|
17,750,000
|
162
|
|
Single-family residential
|
2,253
|
N/A
|
2,253
|
|
Multifamily residential
| |||
|
Two families
|
74
|
N/A
|
148
|
|
Three families
|
12
|
N/A
|
36
|
|
Four families
|
7
|
N/A
|
28
|
|
Five families
|
3
|
N/A
|
15
|
|
Six families
|
4
|
N/A
|
24
|
|
Seven families
|
3
|
N/A
|
21
|
|
Eight families
|
1
|
N/A
|
8
|
|
The Mill
|
45
|
N/A
|
45
|
|
Municipal/Public uses
| |||
|
Parkview School
|
N/A
|
232,400
|
3
|
|
Joyce Kilmer School
|
N/A
|
275,000
|
3
|
|
Total
|
2,788
| ||
3.
Roadways/Intersections:
The need for improvements to the Borough's roadway system shall be
determined by an engineering study of the impacts to the Borough's
system. The study is to be performed by the developer's engineer or
by the Borough Engineer and paid for by the developer.
(a)
Study Parameters.
(1)
Trigger for traffic impact study: 50 new peak hour site Generated
TRIPS or more as per the latest ITE Trip Generation Manual.
(2)
Traffic counts shall be taken within 12 months of application date.
(3)
Transportation Research Board's Highway Capacity Manual (HCM) shall
be the standard for level of services (LOS) analysis.
(4)
For signalized and unsignalized study locations all movements shall
operate at a LOS D or better in the full build condition with mitigation
as necessary.
(5)
Single-lane capacity shall be for estimating purposes 1,300 vehicles
per hour.
(6)
The latest Manual of Uniform Traffic Control Devices (MUTCD) in conjunction
with Middlesex County and the NJDOT Design Manual shall be followed
when developing mitigation alternatives.
(b)
Developer Fair Share Portion and Cost of Mitigation:
(1)
Fair Share Portion.
(i)
Lot or site traffic (peak hour vehicle trips) = LOS violation
component (peak hour vehicle trips) + acceptable component (peak hour
vehicle trips).
[a]
Lot or site traffic is the number of new vehicle trips generated
by the site during the peak hour.
[b]
Acceptable component is the number of new vehicle trips generated
by the site during the peak hour that can be accommodated by the roadway
network without introducing a level of service violation.
[c]
LOS violation component is the number of new vehicle trips generated
by the site during the peak hour that exceed the current capacity
of the roadway network and introduce a level of service violation.
(ii)
Capacity increase (vehicles/hour) = capacity after mitigation
(vehicles/hour) - capacity before mitigation (vehicles/hour).
[a]
Capacity before mitigation is the number of vehicles per hour
that can be accommodated by the roadway network at an acceptable level
of service.
[b]
Capacity after mitigation is the number of vehicles per hour
that can be accommodated by the roadway network after improvements
are implemented.
[c]
Capacity increase is the additional number of vehicles per hour
that can be accommodated by the roadway network as a direct result
of the improvements.
(iii)
Fair share proportion = LOS violation component/ capacity increase.
(iv)
For example:
[a]
A proposed development introduces 100 new peak hour vehicle
trips at an adjacent unsignalized intersection.
[b]
The adjacent unsignalized study intersection is currently operating
at a failing level of service.
[c]
The acceptable component of the new peak hour trips that this
adjacent intersection could accommodate without a level of service
violation would be zero peak hour vehicle trips.
[d]
The LOS violation component of the new peak hour trips at this
adjacent intersection would be 100 peak hour vehicle trips.
[e]
The capacity before mitigation at this unsignalized intersection
is calculated to be 2,500 vehicles per hour at an acceptable level
of service during the peak hour.
[f]
A new traffic signal is determined to be warranted at this location
as the required mitigation.
[g]
The capacity after mitigation when the new traffic signal is
installed and operational is calculated to be 3,000 vehicles per hour
operating at an acceptable level of service during the peak hour.
[h]
The capacity increase would be equal to 500 vehicles per hour
which is the capacity after mitigation (3,000 vehicles per hour) minus
the capacity before mitigation (2,500 vehicles per hour).
[i]
The Fair Share Portion would then be calculated to be 20% by
dividing the LOS violation component of the new peak hour trips at
this adjacent intersection (100 peak hour vehicle trips) by the capacity
increase (500 vehicles per hour).
(2)
Cost of mitigation shall be estimated to the build year for the development
and shall include but not be limited to the following:
(3)
Fair share obligation equals fair share proportion times mitigation
cost.
4.
Stormwater
management and conveyance system: The need for improvements to the
Borough's stormwater management and conveyance system shall be determined
by an engineering study of the impacts to the Borough's system. The
study is to be performed by the developer's engineer or by the Borough
Engineer and paid for by the developer.
(a)
Study Parameters for Stormwater Management:
(1)
Trigger for study: any increase in impervious coverage.
(2)
Stormwater management improvements shall be provided for on-site
by the developer at his or her sole cost. If granted a variance or
exemption from the stormwater management design and performance standards,
the developer may be permitted to perform a mitigation improvement
in accordance the provisions of the Borough's Municipal Stormwater
Management Plan.
(3)
Stormwater regulations per RSIS and the Borough's Stormwater Management
Ordinance.
(b)
Developer's cost equals:
(1)
For improvements to an existing system or facility: total improvement
cost times development flow divided by total capacity less current
flow.
(2)
For construction of a new system or facility: total improvement cost
times development flow divided by total capacity.
(3)
Note: Where the improvement is for the exclusive benefit of the developer,
his or her share shall be 100%.
(c)
The developer's pro rata contribution shall be determined by the
Planning Board based on the evidence including engineer studies presented
at the preliminary site plan or subdivision hearing. The off-tract
contribution shall be set forth in a developer's agreement between
the developer and the Borough.
(d)
The financing and construction of the improvements shall be arranged
in one of the following manners:
(1)
If constructed by the municipality and all or a portion of the improvements
are the financial responsibility of the developer, the developer's
share shall be paid to the municipality in cash or certified check
within 10 days after the final site plan or subdivision approval.
(2)
If constructed by the developer and all or a portion of the improvements
are the financial responsibility of the municipality, the developer
shall be paid the municipal share in accordance with the terms of
the developer agreement and the completion of the work shall be guaranteed
in an amount and under the terms set forth in guarantees and inspections.
[Ord. No. 919 Art. XVIII]
a.
Electricity. Electronic equipment shall be shielded so there is no
interference with any radio or television reception beyond the operator's
property as the result of the operation of such equipment.
b.
Glare. No use shall direct or reflect light beyond its lot lines.
Exterior lighting and lighting resulting from any manufacturing or
assembly operation shall be shielded, buffered and directed as approved
on the site plan so that any glare, direct light or reflection will
not interfere with the normal use of nearby properties, dwelling units
and streets.
c.
Heat. Sources of heat, including but not limited to steam, gases,
vapors, products of combustion of chemical reaction, shall not discharge
onto or directly contact structures, plant life or animal life on
neighboring uses or impair the function or operation of a neighboring
use. No use, occupation, activity, operation or device shall cause
an increase in ambient temperature as measured on the boundary between
neighboring uses.
d.
Radioactivity. No use, activity, operation or device concerned with
the utilization or storage of radioactive materials shall be established,
modified, constructed or sued without having first obtained valid
permits and certificates from the Office of Radiation Protection,
New Jersey Department of Environmental Protection. Proof of compliance
with this requirement shall be the submission of duplicate copies
of the permits and certificates.
e.
Vibrations.
1.
Standard. Ground-transmitted vibrations shall be measured with a
seismograph or complement of instruments capable of recording vibration
displacement and frequency in the three mutually perpendicular directions
simultaneously.
2.
Vibration Level Restrictions. Vibration levels shall not exceed a
particular velocity of 0.05 inch per second in any district. During
the hours of 9:00 p.m. to 7:00 a.m. in residential districts, vibration
levels shall not exceed a particle velocity of 0.02 inch per second.
Measurements shall be made at the points of a maximum vibration intensity
and on or beyond adjacent lot lines or neighboring uses, whichever
is more restrictive.
f.
Airborne Emissions. In all districts, no use, activity, operation
or device shall be established, modified, constructed or used without
having first obtained valid permits and certificates from the Bureau
of Air Pollution Control, New Jersey Department of Environmental Protection,
pursuant to N.J.A.C. 7:27-8. Specifically, no use, activity, operation
or device shall be established, modified or constructed without a
valid permit to construct. No use, activity, operation or device shall
be operated, occupied or used without a valid certificate to operate
control apparatus or equipment. Proof of compliance with this requirement
shall be the submission of duplicate copies of the permit to construct
and certificate to operate.
g.
Odorous Matter. No odor shall be emitted that is detectable by the
human olfactory sense at or beyond an adjacent lot line.
h.
Noise Emissions. Noise level restrictions. Noise shall not exceed
the maximum sound levels specified in the table.
|
NOISE LEVEL RESTRICTIONS
| ||
|---|---|---|
|
Maximum Level
| ||
|
Performance Category
|
Permitted
(dba)
|
Where Measured
|
|
Residential districts
|
55*
|
On or beyond the neighboring use or lot line
|
|
All other districts
|
65
|
On or beyond the district boundaries
|
|
*NOTE: In any residential district, the A-weighted sound levels
shall not exceed 45 decibels during the hours of 9:00 p.m. to 7:00
a.m. Whenever a residential district abuts any other district, the
most restrictive of the limitations shall apply.
|
i.
Storage and Waste Disposal.
1.
In all districts permitting an operation, use or any activity involving
the manufacture, utilization or storage of flammable, combustible
and/or explosive materials, such operation shall be conducted in accordance
with the regulations promulgated by the Department of Labor and Industry
of New Jersey or the Fire Code of the National Fire Protection Association,
whichever is more restrictive.
2.
All flammable, explosive and/or combustible material shall be stored
in accordance with the National Fire Protection Association or Department
or Labor and Industry Codes, whichever is more restrictive.
3.
All outdoor storage facilities for fuel, raw materials and products
stored outdoors, wherever permitted, shall be enclosed by a conforming
safety fence and visual screen and shall conform to all yard requirements
imposed upon the principal building in the district and storage regulations
of the National Fire Protection Association.
4.
No materials or wastes shall be deposited upon a lot in such form
or manner that they may be transferred off the lot by natural causes
or forces, nor shall any substance which can contaminate a stream
or watercourse or otherwise render such stream or watercourse undesirable
as a source of water supply or recreation, or which will destroy aquatic
life, be allowed to enter any stream or watercourse.
[Ord. No. 919 Art. XVIII]
No lot shall have erected upon it more than one principal permitted
use. No more than one principal building shall be permitted on one
lot, except that a shopping center, apartment or planned multifamily
residential development project, and industrial complex all receiving
site plan approval, may be permitted to have more than one building
on a lot in accordance with the standards of the zoning district in
which it is located.
[Ord. No. 919 Art. XVIII]
All public services shall be connected to approved public utilities
systems where they exist.
a.
The developer shall arrange with the servicing utility for all underground
installation of the utility's distribution supply lines and service
connections in accordance with the provisions of the applicable standard
terms and conditions incorporated as a part of its tariff as the same
are then on file with the State of New Jersey Board of Public Utility
Commissioners.
b.
The developer shall submit to the Approving Authority, prior to the
granting of final approval, a written instrument from each serving
utility which shall evidence full compliance or intended full compliance
with the provisions of this section, provided, however, lots which
abut existing streets where overhead electric or telephone distribution
supply lines and service connections have heretofore been installed
may be supplied with electric and telephone service from those overhead
lines shall be installed underground. In the case of existing overhead
utilities, should a road widening or an extension of service or other
such condition occur as a result of the development and necessitate
the replacement, relocation or extension of such utilities, such replacement,
relocation or extension shall be underground.
c.
Where natural foliage is not sufficient to provide year-round screening
or any utility apparatus appearing above the surface of the ground,
other than utility poles, the applicant shall provide sufficient live
screening to conceal such apparatus year-round.
d.
Any installation under this section to be performed by a servicing
utility shall be exempt from the requirement of performance guarantees,
but shall be subject to inspection and certification by the Municipal
Engineer, unless specifically and documentary exempt by operation
of State Law.
[Ord. No. 919 Art. XVIII]
Quasi-public uses, as defined in this chapter, may be permitted
in those districts designated in this chapter upon application for
a permit and upon determination by the Approving Authority that the
following standards and conditions are met:
a.
A set of plans, specifications and a statement setting forth full
particulars on the operation of the use.
b.
It is ascertained that the proposed use is a bona fide nonprofit
organization, operated solely for the recreation and enjoyment of
the members of the organization, or for the public good.
c.
It is ascertained that the proposed use in the proposed location
will not adversely affect the safe enjoyment of property rights or
otherwise adversely affect the compatibility with adjacent properties;
that the design of any structures erected in connection with such
use are in keeping with the general character of the residential area;
and that sufficient landscaping, including trees, shrubs and lawn,
are provided to serve as a buffer between the use and adjoining residential
properties and to insure an attractive appearance for the use.
d.
The minimum lot area shall be 40,000 square feet and the minimum
frontage shall be 200 feet.
e.
No building, structure or active recreational facilities shall be
located within 50 feet of an adjacent residential property line.
f.
The maximum membership limit of an organization shall be fixed at
the time of application and shall be commensurate to the amount of
land to be used and the exact nature of the use. No further expansion
shall be made unless additional land is acquired and supplemental
application is made. All elements of the plan shall conform to the
Design and Performance Standards of this chapter.
g.
The applicant shall be required to establish that the active membership
of the organization shall be equivalent to the maximum occupancy limitation
applicable under all building and fire codes having jurisdiction for
the structure under consideration.
h.
Off-street parking shall be provided at the ratio of one off-street
parking space for each four occupants, or one space per each 200 square
feet of gross floor area, whichever is greater, for the cumulative
occupancy of all activity areas within the facility or structure.
[Ord. No. 919 Art. XVIII]
All development proposals involving: a. Single family development
of 50 or more units; b. Multifamily development of 25 or more units;
and c. Commercial or industrial development of 1,000 square feet or
more of land, shall provide adequate provisions for the collection,
disposition and recycling of recyclable materials as designated by
the Borough's recycling ordinance and the Mandatory Statewide Source
Separation and Recycling Act.
[Ord. No. 919 Art. XVIII; Ord. No. 939 § 1; Ord. No. 1015; Ord. No. 04-1179 § 8; Ord. No. 07-1253 § 1; Ord. No. 08-1269 § II; Ord. No. 13-1388]
a.
Permits and Yearly Fees.
1.
Permit Required. It shall be unlawful for any person to erect or
maintain, within the Borough of Milltown, any permanent sign without
a sign permit issued by the Administrative Official. In the event
that a sign is included in a site plan or subdivision application,
the permit shall be issued by the Administrative Official following
approval by the Planning Board.
[Amended 11-9-2020 by Ord. No. 2020-1494]
2.
Application Fees; Contents.
(a)
Application for sign permits shall be accompanied by a fee of:
|
Up to 10 square feet
|
$75
|
|
11-50 square feet
|
$100
|
|
Over 50 square feet
|
$175
|
(b)
Applications shall contain the following:
(1)
Name, address and telephone number of applicant.
(2)
Name, address and telephone number of the owner of the property.
(3)
Location of building to which sign is to be erected.
(4)
Position of the sign on building with sketch and dimensions
of proposed sign.
(5)
Name and address of person erecting sign.
(6)
The relationship between the applicant and owner and written
consent of the owner.
(7)
Such further information as the administrative official shall
require to show full compliance with this and all other laws and ordinances
of the Borough.
(8)
Sketch of the proposed sign indicating size, color, lighting
and material used and drawn to scale.
3.
It shall be the duty of the Administrative Official to examine the
application and other data and the premises upon which it is proposed
to erect the sign, and if proposed structure is in compliance with
this chapter and other ordinances of the Borough of Milltown, he shall
issue the sign permit. In the event that the application is not in
conformance with this chapter, the Administrative Official shall instruct
the applicant to apply for a variance from the Planning Board.
[Amended 11-9-2020 by Ord. No. 2020-1494]
4.
If the work authorized under the sign permit has not been completed
within six months from the date of issuance, the permit shall become
null and void.
5.
All persons erecting permanent signs within the Borough of Milltown
shall pay a yearly fee in accordance with the following schedule:
6.
Violations and Penalties. Any person, firm or corporation which shall
erect or construct or permit the erection of any sign or other outdoor
display structure in violation of the provisions of this section,
or shall permit the maintenance of such structure in violation of
this section, or shall neglect or refuse to remove, repair or alter
any such structure in accordance with the provisions of this section
when so ordered by the administrative official shall be subject to
a fine by the Municipal Court which shall not exceed $500 or by imprisonment
in the County Jail for a term not to exceed 90 days, or by both such
fines and imprisonment.
b.
Design Theme. There shall be a consistent sign theme throughout a
particular project. The design theme shall include style of lettering,
construction, material, type of pole or standard (wood or metal, for
example), size and lighting. Color of letters and background detail
shall be carefully considered in relation to the color of the material
of buildings where signs are proposed to be located. The standards
set forth herein shall be construed as maximum parameters; the Approving
Authority or Construction Code Official when applicable may, depending
upon the particular circumstances, prescribe a lesser degree of permissiveness
including the size, height, number and type of illumination of signs.
In considering and approving signs, the Approving Authority or Construction
Code Official, when applicable shall take into consideration the design
concept including the whole sign structure in terms of form and composition,
color, materials, surface decoration, shape, text, letter styles and
illuminations, construction and integration of the sign or signs with
the buildings and immediate surroundings.
The Approving Authority or Construction Code Official when applicable
may attach such conditions and safeguards as a precondition to approval
of the sign as in its opinion will further the general purpose and
intent of this subsection and be in harmony therewith. The net result
of this subsection shall be toward the development of a visible Borough
aesthetic standard of design criteria regarding all signage, thereby
affecting the highest level of tastefulness which can be achieved
for all applications.
c.
General Regulations.
1.
If the Construction Code Official shall find that any sign or part
thereof is unsafe or insecure, he shall give written notice to the
owner of the sign or the owner of the premises. If the sign is not
removed or repaired within 48 hours after the issuance of such notice,
the Construction Code Official shall cause the removal, transportation
and storage of the sign, at the expense of the owner of the property
upon which it is located.
2.
In the event that any sign is removed by the Construction Code Official
as hereby provided for, the Construction Official shall certify the
cost of removal, transportation and storage to the Borough Council.
The Borough Council by resolution shall cause the cost as indicated
by the certificate to be charged against the lands. The amount so
charged shall forthwith become a lien upon the lands, the same to
bear interest at the same rate as taxes and shall be collected in
the same manner as taxes.
3.
No billboards, outdoor advertising or other sign shall be erected
which advertises a product, business or activity not conducted at
the same location at which the sign is situated. Any sign which does
not advertise a bona fide existing activity conducted on the premises,
or product sold therein shall be taken down within 10 days after written
notice from the Construction Code Official. After 10 days' notice
has expired the Construction Code Official may cause the removal of
the sign in accordance with paragraph c,2 above.
4.
A sign may be permitted only in connection with a permitted use.
5.
Signs shall relate solely to the business or profession conducted
on the premises and shall advertise only the name of the owner or
lessee, the name of the establishment, the type of establishment,
goods or services or the trade name of the establishment and the goods
manufactured or sold or services rendered, except for traffic and
public convenience signs.
d.
Prohibited Signs. All types of signs not expressly permitted by this
section are prohibited including, but not limited to the following:
1.
No sign shall be of a type which moves in whole or in part by any
means, including fluttering, rotating or motion caused by the atmosphere,
nor which emits smoke, visible vapors or particles, sound or odor.
2.
No sign shall display flashing or intermittent light or lights of
changing degree of intensity or changing colors.
3.
No sign shall be erected which directly or indirectly causes or produces
any glare into a street or upon any dwelling unit. Exposed sources
of light, including bare bulbs and tubules and immediately adjacent
reflecting surfaces shall be shielded so as not to create a nuisance
across lot lines.
4.
Signs of such design and location that they interfere with, compete
for attention with or may be mistaken for a traffic signal, will not
be permitted. This shall include any sign visible from the public
right-of-way which uses an arrow device or the word "stop." It shall
also include signs in which the colors red, green and orange-yellow
are used in direct illumination or in high reflection by the use of
special preparation such as fluorescent paint or glass.
5.
Mobile signs or painted wall signs.
6.
Any projecting sign which is suspended from or supported by a building
or structure or steel column and projecting out therefrom over public
property or beyond the lot line shall not be permitted with the exception
of awning signs.
7.
Signs which obstruct any window, door or other opening used as a
means of regular ingress and egress, or for required legal light and
ventilation, or fire escapes or other openings for emergency access
and escape are prohibited.
8.
Any sign located on a public right-of-way, except those owned and
operated by a duly constituted government authority is prohibited.
A public right-of-way shall be deemed to include sidewalk, street,
highway right-of-way including hydrant, lamppost, tree, telephone
or electric lamp pole, utility pole, fence, police or fire alarm.
9.
Any sign using exposed incandescent bulbs or neon tubes, exposed
neon tubing in mirrors directing a light source and other such devices
is prohibited.
10.
Any sign commonly known as "roof" or "sky" sign which is supported
principally by the roof and which projects above and over the roof
of the structure is not permitted.
11.
Any sign on a vacant or unimproved lot which does not exclusively
specify the sale, lease, transfer, zone or conditional use of the
particular property is prohibited.
12.
No strings or streamers, flags, pennants, spinners or strings
of lights or similar devices strung across, upon, over or along any
premises or building, whether as part of a sign or not shall be allowed.
13.
Any sign with lighting or control mechanisms which may cause
radio or television interference is prohibited.
14.
Signs or advertising matter of an indecent or obscene nature
are prohibited.
15.
Portable signs are prohibited except where specifically permitted
by other provisions of this chapter.
16.
No sign shall be constructed, erected or located which will
obstruct the visibility of the motorist or pedestrian proceeding along
the public way or entering or leaving a lot, driveway, access road
or intersection.
e.
Exempt Signs in All Zones. The following signs are authorized in
any zoning district without a permit as long as they conform to the
standards contained herein:
1.
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 for residential
properties and not exceeding 12 square feet in area on any one side
for nonresidential properties. The sign must be removed from the premises
within seven days after the property has been sold.
2.
A sign indicating the name and/or address of the occupant provided
that the sign shall be no larger than one square foot in area. A permitted
home occupation or professional office may be included with the name
of the occupant. Only one sign per principal dwelling unit is permitted
and it may not be illuminated.
3.
Window stickers denoting organizational affiliations, credit card
availability, burglar system, pet restrictions, hours of operation,
etc:
4.
Signs indicating the private nature of a road, driveway or premises
may be erected and maintained provided that the area of such sign
shall not exceed 72 square inches and shall not exceed three feet
in height.
5.
Signs prohibiting or otherwise controlling fishing, hunting, etc.
upon particular premises may be erected and maintained provided that
the area of any such sign shall not exceed two square feet.
6.
Special signs serving the public convenience such as "Notary Public,"
"Public Rest Rooms," "Public Telephone" or words of similar import.
The area of each sign shall not exceed 72 square inches.
7.
Nonilluminated traffic control directional signs identifying parking
areas, loading zones, entrances, exits and similar locations. The
signs shall not exceed two square feet in area, and three feet in
height.
8.
Temporary signs for advertising public functions or fund raising
events for charitable or religious organizations for a period of 30
days prior to and during the event but shall be removed within seven
days after the event. The sign shall be nonilluminated, not larger
than 12 square feet in area, not exceeding six feet in height and
may be erected flat against the building or freestanding.
9.
Temporary nonilluminated political signs shall not be displayed for
a period exceeding 30 days, shall not exceed 24 square feet in area
and shall be removed seven days after an election provided that:
(a)
They shall not be erected within the public right-of-way or
on a utility or directional sign pole.
(b)
Such signs shall contain the name and address of the sponsor,
individual or organization.
(c)
The Construction Official shall remove the sign after the ten-day
period and impose a penalty of $1 per sign against the sponsor, individual
or organization.
10.
Historical tablets, cornerstones, memorial plaques and emblems
which do not exceed six square feet in area and which are installed
by government agencies civic or religious organizations.
11.
Temporary signs which are in the nature of traditional holiday
or seasonal greetings or decorating not advertising a specific product,
service or establishment and not exceeding 45 days duration.
12.
Flags or emblems of religious, educational, civic or governmental
organization.
13.
Signs posted by governmental agencies or pursuant to governmental
statute, order or regulation.
14.
Signs which are an integral part of vending machines, including
gasoline pumps, and milk machines, provided they do not exceed one
square foot in area.
15.
Temporary window posters when posted inside commercial establishments
provided they do not occupy more than 25% of the total area of the
window.
16.
Temporary promotional or special sales signs when erected in
conjunction with a commercial establishment, provided they do not
exceed 16 square feet and they are restricted to not more than four
nonsuccessive seven day periods within a calendar year.
17.
Temporary overhead banners spanning a street or roadway advertising
public functions or fund raising events for charitable or religious
organizations for a period of 30 days prior to and during the event
but shall be removed within five days after the event or at any time
if the sign is damaged or becomes a hazard.
18.
Temporary construction signs located on the lot shall be removed
within seven days after the completion of the construction work. The
total area of all such signs on a lot shall not exceed 24 square feet
and six feet in height, and shall not be illuminated except for construction
safety lights placed in hazardous areas.
f.
Sign Area.
1.
Sign area shall include all lettering, wording, coloring and accompanying
designs and symbols, together with the background, whether open or
enclosed, but not including any supporting framework and bracing incidental
to the display itself.
2.
A freestanding sign with two exposures shall have a total sign area
consisting of the area of one side of the sign, but both sides may
be used.
3.
Street number designations, postal boxes, family names on residences,
on-site traffic directional and parking signs, signs posting property
or "private property," "no hunting" or similar purposes and "danger"
signs around utility and other dangerous areas are permitted but are
not to be considered in calculating the sign area.
g.
Location.
1.
Attached signs may only be located in such a manner that does not
conflict with any height, obstruction to vision and similar regulations
of this chapter.
2.
Freestanding signs shall be located only in the front yard and shall
be no closer to a side lot line than the minimum side yard for the
principal building, but in any event no closer than 10 feet from the
street right-of-way or 20 feet from the pavement, whichever is greater.
h.
Maintenance.
1.
All signs and displays shall be maintained in good order and repair.
In the event that the Construction Official determines that any sign
now or hereafter erected is in a state of disrepair, has become dilapidated
or constitutes a safety hazard, the sign owner and property owner
shall be given written notice to correct the conditions within 20
days from the date of the mailing of the notice. Failure to correct
the condition or file an appeal within the time provided shall constitute
a violation of this subsection.
2.
The area surrounding ground signs shall be kept neat, clean and landscaped,
the owner of the property upon which the sign is located shall be
responsible for maintaining the condition of the area.
i.
Automobile Service Stations. Gasoline service stations and public
garages, where permitted only, may display, in addition, the following
signs which are deemed customary and necessary to their respective
business:
1.
Directional signs or letters displayed over individual entrance doors
or bays, consisting only of the words "washing," "lubrication" or
words of similar import; provided that there shall be not more than
one such sign over each entrance or bay. The letters thereof shall
not exceed 12 inches in height and the total of each sign shall not
exceed six square feet.
2.
Customary lettering on or other insignia which is a structural part
of a gasoline pump, consisting of the board name or gasoline sold,
lead warning sign, a price indicator and any other sign required by
law and not exceeding a total of three square feet on each pump.
3.
The use of all flags, windmills, banners and any flashing or animated
signs shall be prohibited. However, the use of pennants may be utilized
for the purpose of advertising the opening of new station, but shall
be restricted to a seven-day period.
4.
One freestanding sign shall be permitted and shall not exceed 50
square feet in area and does not exceed 20 feet in height. Such sign
shall have a minimum clearance of 10 feet between the bottom of the
sign and the surface of the ground.
5.
One building facade sign shall be permitted and shall not exceed
10% of the area of the facade.
6.
All signs or parts thereof, the supporting structures or parts thereof,
shall be within the owner's property line and at no time project into
or over the public right-of-way.
j.
Sidewalk Signs.
1.
Pursuant to the provisions of this paragraph j., signs may be placed in or extend to the public right-of-way, notwithstanding the provisions of subsection 34-33.23d.
2.
Sidewalk signs, including sandwich board and chalkboard signs ("sidewalk
signs"), shall be exempt from the requirement of obtaining a building
permit. However, no sidewalk sign shall be located or erected without
a zoning permit issued by the Department of Code Enforcement in consultation
with the Fire Marshal, the Chief of Police and such other officials,
or their designees, as may be desirable.
3.
Each business located within the B-1, B-2, B-2A and B-3 Zones and
having its own separate entrance onto the public sidewalk at street
level may place within the front yard in a landscaped area or upon
the public sidewalk in front of the said place of business; solely
during the hours the said business is in operation, and to be removed
each day, one sign meeting all of the following restrictions:
(a)
The sign shall have a maximum width of 30 inches, maximum height
of 42 inches, and a maximum depth of 20 inches;
(b)
The sign shall be located no closer than 10 feet to any side
yard property boundary, provided however, that in the case of a property
having frontage of less than 20 feet, the sign shall be located as
near to the center of the frontage as practicable. The sign shall
be located within four feet of the curb face or the front of the building,
provided further, however, that if the sign is placed upon the sidewalk,
a sixty-inch wide unobstructed path shall be maintained at all times
on the sidewalk;
(c)
The sign shall be constructed of weather-resistant materials
(no paper, fiberboard, foamcore board, corrugated paper or unfinished
wood materials shall be permitted), and shall be constructed and/or
weighted so as not to be easily moved by strong winds;
(d)
No sidewalk sign may be internally illuminated or illuminated
by exterior means, may not flash or contain a variable message; and
(e)
No strings, streamers, flags, pennants, spinners, balloons,
strings of lights or similar devices shall be attached to any sidewalk
sign.
4.
Each business located within B-4 and B-5 Zones may place, solely
during the hours the said business is in operation, and to be removed
each day, one sign meeting all of the following restrictions:
(a)
The sign shall have a maximum width of 30 inches, maximum height
of 42 inches, and a maximum depth of 20 inches;
(b)
The sign shall be located within 10 feet of the main entrance
to the business, provided further, however, that if the sign is placed
upon a sidewalk, a sixty-inch wide unobstructed path shall be maintained
at all times on the sidewalk;
(c)
The sign shall not be located within the front yard setback
area.
(d)
The sign shall be constructed of weather-resistant materials
(no paper, fiberboard, foamcore board, corrugated paper or unfinished
wood materials shall be permitted), and shall be constructed and/or
weighted so as not to be easily moved by strong winds;
(e)
No sidewalk sign may be internally illuminated or illuminated
by exterior means, may not flash or contain a variable message; and
(f)
No strings, streamers, flags, pennants, spinners, balloons,
strings of lights or similar devices shall be attached to any sidewalk
sign.
5.
(Reserved)
6.
Notwithstanding anything contained in this paragraph j to the contrary, the Fire Official and/or Chief of Police shall have the right to prohibit or further restrict the location of any sidewalk sign which, in their sole discretion, they deem by virtue of the sign's construction or location, to constitute a safety hazard to the public. Any violation of the provisions of this paragraph shall be subject to punishment pursuant to the General Penalty Provision at Section 34-39 of this Code. Each day that a violation persists shall be considered a separate violation of this Section.
7.
Notwithstanding the provisions of subsection 34-33.23j,1, each sidewalk sign must immediately be removed by its owner when snow and/or ice adheres to the sidewalk. Any sidewalk sign not so removed may be removed by the Borough without the Borough having any liability to the sign owner, in order to completely clear the sidewalk of snow and/or ice to promote public safety.
8.
All sidewalk signs must comply with any and all other governmental
entities with jurisdiction over the area in which the sidewalk sign
will be located.
[Ord. No. 919 Art. XVIII]
All site plans and major subdivisions shall incorporate soil
erosion and sediment control programs phased according to the scheduled
progress of the development, including anticipated starting and completion
dates. The purpose is to control soil erosion and sediment damages
and related environmental damage by requiring adequate provisions
for surface water retention and drainage and for the protection of
exposed soil surfaces in order to promote the public health, safety,
convenience, and general welfare of the community.
a.
Regulation and Permits.
1.
No building permit shall be issued for any application requiring
either site plan or major subdivision approval until final plat approval
has been given, including an approved soil erosion and sediment control
plan.
2.
No person shall proceed with any soil removal, soil disturbance or
land grading without first having obtained either a permit for that
purpose or a building permit based on an approved plat as outlined
above.
b.
Data Required.
1.
A plan showing the area(s) of soil removal, soil disturbance and
land grating and establishing the means for controlling soil erosion
and sedimentation for each site or portion of a site when developed
in stages.
2.
The soil erosion and sediment control measures shall be certified
by the Freehold Soil Conservation District in the development of the
plan and the selection of appropriate erosion and sediment control
measures.
3.
The plan shall be prepared by a professional engineer licensed in
the State of New Jersey, except in instances where the preparation
of a plan does not include or require the practice of engineering
as defined in N.J.S.A. 45:8-28, and shall contain:
(a)
Location and description of existing natural and manmade features
on and surrounding the site, including general topography and soil
characteristics and a copy of the County Soil Conservation District
Soil Survey (where available).
(b)
Location and description of the work and proposed changes to
the site, including contours and spot elevations, showing existing
and post-construction conditions, and, in the case of soil mining,
a description of the equipment to be used for any processing of the
soil and the number of cubic yards of soil to be removed.
(c)
Measures for soil erosion and sediment control.
(d)
A schedule of the sequence of installation of planned erosion
and sediment control measures as related to the progress of the project,
including anticipated starting and completion dates.
(e)
All proposed revisions of data required shall be submitted for
approval.
(f)
Description of means for maintenance or erosion and sediment
control measures and facilities during and after construction.
c.
General Design Principles.
1.
Control measures shall apply to all aspects of the proposed land
disturbances and shall be in operation during all stages of the disturbance
activity. The following principles shall apply to the soil erosion
and sediment control plan:
(a)
Stripping of vegetation, grading or other soil disturbance shall
be done in a manner which will minimize soil erosion.
(b)
Whenever feasible, natural vegetation shall be retained and
protected.
(c)
The extent of the disturbed area and the duration of its exposure
shall be kept within practical limits.
(d)
Either temporary seeding, mulching or other suitable stabilization
measures shall be used to protect exposed critical areas during construction
or other land disturbances.
(e)
Drainage provisions shall accommodate increased runoff resulting
from modified soil and surface conditions during and after development
or land disturbance.
(f)
Water runoff shall be minimized and retained on site wherever
possible to facilitate groundwater recharge.
(g)
Sediment shall be retained on site.
(h)
Diversions, sediment basins and similar required structures
shall be installed prior to any on site grading or land disturbance.
2.
Grading and Filling. All lots where fill material is deposited shall
have clean fill and/or topsoil deposited which shall be graded to
allow complete surface draining of the lot into local storm sewer
systems or natural drainage courses. No regrading of a lot shall be
permitted which would create or aggravate water stagnation or a drainage
problem on site or on adjacent properties or which will violate this
chapter. Grading shall be limited to areas shown on an approved site
plan or subdivision. Any topsoil disturbed during approved excavation
and grading operations shall be redistributed throughout the site.
3.
Soil Removal and Redistribution. Excavation of soil other than as
required for the construction of approved structures and supporting
facilities, such as but not limited to streets, driveways and parking
areas, shall be prohibited. Regrading of property so as to redistribute
topsoil throughout the site from areas excavated shall be done in
the following manner to minimize or eliminate the erosion of soil.
Any application proposing the disturbance of more than 5,000 square
feet of surface area of land as defined in the Soil Erosion and Sediment
Control Act (c. 251, P.L. 1975) shall include on its plan the following:
the means to control or prevent erosion; providing for sedimentation
basin(s) for soil that does erode due to water; controlling drainage,
dust and mud on the premises as well as abutting lands; preserving
soil fertility and the ability of the area to support plant and tree
growth by maintenance of adequate topsoil consisting of at least six
inches of the original layer; maintaining necessary lateral support
and grades of abutting lands, structures and other improvements; preventing
pits and declivities which are hazardous or which provide insect breeding
locations; and not altering the physical limitations and characteristics
of the soil in such a way as to prevent the use to which the land
may lawfully be put.
d.
Maintenance. All erosion and sediment control measures installed
shall be maintained for one year after completion of the improvements
or until such measures are permanently stabilized as determined by
the Municipal Engineer, whichever is longer. The Municipal Engineer
shall give the applicant, upon the applicant's request, certification
of this determination.
e.
Engineer Report and Public Hearing. If no subdivision or site plan
review is required, a separate report by the Municipal Engineer shall
be obtained. The Municipal Engineer shall make a report on the application
within 30 days of its receipt. The report shall comment upon all the
requirements of this section, including but not limited to soil characteristics,
slopes, quantities of soil involved, water table, drainage, road capacities,
performance bonds and the utility of the site following completion
of the operation. All applications shall require a public hearing
as set forth in Article III.
f.
Exemptions. The following activities are specifically exempt from
the soil erosion and sediment control provisions:
1.
Land disturbance associated with the construction of a single family
dwelling unit unless such unit is a part of a proposed subdivision,
site plan, zoning ordinance or building permit application involving
two or more such single family dwelling units.
2.
Land disturbances of 5,000 square feet or less of the surface area
of land for the accommodation of construction for which the Standard
Building Code of the State of New Jersey would require a building
permit.
3.
Agricultural use of lands when operated in accordance with a farm
conservation plan approved by the Soil Conservation District or when
it is determined by the local Soil Conservation District that such
use will not cause excessive erosion and sedimentation.
4.
Use of land for gardening primarily for home occupation.
5.
Percolation tests and/or soil borings.
[Ord. No. 919 Art. XVIII]
It shall be unlawful for any person to construct, install, establish or maintain a private swimming pool or wading pool, as herein defined, without having obtained a permit therefor in the manner prescribed in Chapter 18 of the Code of the Borough of Milltown.
[Ord. No. 919 Art. XVIII]
a.
No trailer, auto trailer, trailer coach, travel trailer or camper
shall be used for dwelling purposes or as sleeping quarters for one
or more persons, nor shall any such trailer or camper be used for
storage or space for the permanent conduct of any business, profession,
occupation or trade, except that such facilities may be used for temporary
residency as the temporary replacement of a damaged dwelling unit
and for temporary use as a construction office located on a site during
construction or for a sales office subject to Planning Board approval,
provided that a temporary permit has been issued for its use by the
Building Inspector. This section shall not be construed so as to prohibit
the parking or storage of such trailers and campers on private premises,
but such storage shall be located to conform to the yard requirements
for an accessory building.
b.
Temporary Uses.
1.
"Temporary" for purposes of residential occupancy shall mean 90 days
with an option to extend for one additional ninety-day period.
2.
"Temporary" for use as a model home and/or construction office shall
mean occupancy during the time of construction.
3.
Any temporary office shall be removed within 15 days of issuance
of the certificate of occupancy for the last unit or within 15 days
of cessation of construction activity.
4.
The maximum allowable time period for a permitted temporary structure
or use shall be set at one year.
[Ord. No. 919 Art. XVIII]
a.
No open space provided around any principal building for the purpose
of complying with front, side or rear yard provisions, shall be considered
as providing the yard provisions of another principal building. On
a lot which extends through a block in a manner resulting in frontage
on two or more streets, including corner lots, front yard requirements
shall be complied with on all street frontages.
b.
No front yard shall be used for open storage of boats, vehicles or
any other equipment, except for parking on driveways in a residential
zone, for the parking of passenger vehicles.
[Ord. No. 919 Art. XVIII]
a.
All improvements, except electric, gas, private utility lines and
telephone lines, shall be subject to the inspection and approval of
the Municipal Engineer, and the Utilities Department shall do its
own inspection.
b.
The office of the Municipal Engineer shall be notified in writing
at least 72 hours prior to commencement of any phase of the project.
c.
No underground installation shall be covered until inspected and
approved by the Municipal Engineer.
d.
Where, in the opinion of the Municipal Engineer, materials shall
be tested for conformance with specifications, the property owner
or developer (in the case of a subdivision) shall be responsible for
all costs charged by the testing agency selected by the Municipal
Engineer.
e.
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 all or a portion of the reasonable anticipated fees
to be paid to the Municipal Engineer for such inspection. For those
developments for which the reasonably anticipated fees are $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited by a developer shall be
25% of the reasonably anticipated fees. When the balance on deposit
drops to 10% of the reasonably anticipated fees because the amount
deposited by the developer has been reduced by the amount paid to
the Municipal Engineer for inspection, the developer shall make additional
deposits of 25% of the reasonably anticipated fees. The Municipal
Engineer shall not perform any inspection if sufficient funds to pay
for those inspections are not on deposit.
f.
g.
Changes in Plans; Final Approval.
1.
No minor changes can be made to the approved site plan unless granted
in writing by the Municipal Engineer. Any major changes may necessitate
another review by the Approving Authority.
2.
Final approval by the Municipal Engineer will not be given until
the project is 100% completed, inspected and certified in writing
by the Municipal Engineer that the project has been built in accordance
with the plans and specifications of the approved project.
[Ord. No. 919 Art. XVIII]
a.
Prior to the acceptance by the municipality of any improvement in
a subdivision and the release of a performance guarantee covering
same, there shall be filed with the Municipal Engineer one cloth-backed
plus one transparency on cloth plus five prints of as-built plans
and profiles drawn to a suitable scale. Such drawings shall show how
the improvements were actually constructed and installed an be certified
as to accuracy.
b.
Whenever in the opinion of the Municipal Engineer as-built plans
are required for improvements other than subdivision, this shall be
made a condition of approval and include in the resolution. The specific
requirements of the as-built plans shall be provided in writing by
the Municipal Engineer.
[Ord. No. 919 Art. XVIII]
Where title to an undersized lot is held by an individual, partnership,
or corporation on which also holds title to an adjacent lot, the undersized
lot shall be deemed to be merged with the adjacent lot for the purposes
of applying the regulation at this subsection, and neither lot may
be conveyed to another person without first obtaining a subdivision.
[Ord. No. 919 Art. XVIII; Ord. No. 1023]
Business structures or uses shall not display goods for sale
purposes outside of the structure or area in which such activity is
carried on. The Mayor and Council may, on application and for good
cause shown, grant exceptions to this section.
[Ord. No. 919 Art. XVIII]
Pets and animals that are tied to a stationary object and houses
or pens for pets and animals shall be kept between the rear of a dwelling
or a structure and the rear property line at a minimum distance of
20 feet from neighboring dwellings or dwelling units.
[Ord. No. 13-1387]
a.
Background. The Borough of Milltown finds that disturbance of steep
slopes results in accelerated erosion processes from stormwater runoff
and the subsequent sedimentation of water bodies with the associated
degradation of water quality and loss of aquatic life support. Related
effects include soil loss, changes in natural topography and drainage
patterns, increased flooding potential, further fragmentation of forest
and habitat areas, and compromised aesthetic values. It has become
widely recognized that disturbance of steep slopes should be restricted
or prevented based on the impact disturbance of steep slopes can have
on water quality and quantity, and the environmental integrity of
landscapes.
b.
Purpose. The purpose of this section is to regulate the intensity
of use in areas of steeply sloping terrain in order to limit soil
loss, erosion, excessive stormwater runoff, the degradation of surface
water and to maintain the natural topography and drainage patterns
of land.
c.
Applicability. This section shall be applicable to new development
or land disturbance on a steep slope within the Borough of Milltown.
[Ord. No. 13-1387]
The following words and phrases shall have those meanings set
reflected below:
Shall mean the placement of new impervious surface, the exposure
or movement of soil or bedrock, or the clearing, cutting, or removing
of vegetation.
Shall mean any structure, surface, or improvement that is
demonstrated to reduce or prevent absorption of stormwater into land,
and includes paver blocks, decks, patios, elevated structures, and
similar structures, surfaces, or improvements.
Shall mean the construction of structures, dwellings, improvements
or impervious surfaces on areas which previously contained structures,
other improvements or impervious surfaces.
Shall mean any slope equal to or greater than 20% as measured
over any minimum run of 10 feet that may be located within the area
of Klinesville Channery Loam as delineated on the Soil Survey Geographic
(SSURGO) Database for Middlesex County, New Jersey from the U.S. Department
of Agriculture, Natural Resources Conservation Service. Steep slopes
are determined based on contour intervals of two feet or less.
[Ord. No. 13-1387]
The percent of slope (rise in feet per horizontal distance)
shall be established by measurement of distance perpendicular to the
contour of the slope. The percent of slope shall be calculated for
each two-foot contour interval. For example, any location on the site
where there is a one-foot rise over a ten-foot horizontal run constitutes
a 10% slope; a 1.5 foot rise over a ten-foot horizontal run constitutes
a 15% slope; a two-foot rise over a ten-foot horizontal run constitutes
a 20% slope.
[Ord. No. 13-1387]
For steep slopes any disturbance shall be prohibited except
as provided below:
a.
Redevelopment projects; and
b.
New disturbance necessary to protect public health, safety or welfare,
such as necessary linear development with no feasible alternative;
to provide an environmental benefit, such as remediation of a contaminated
site; to reduce and/or stabilize steep slopes; to prevent hardship
on the property owner peculiar to the property; or to prevent hardship,
provided the hardship was not created by the property owner, that
would not permit a minimum economically viable use of the property
based upon reasonable investment; disturbance associated with improvements
to a structure within the existing foundation footprint; disturbance
associated with municipal projects and improvements on municipal property;
and disturbance on occupied single family residential properties.
The applicant shall demonstrate through site plans depicting
proposed development and topography that new disturbance is not located
in areas with a 20% or greater slope.
[Ord. No. 13-1387]
a.
Conflicts. All other ordinances, parts of ordinances, or other local
requirements that are inconsistent or in conflict with this section
are hereby superseded to the extent of any inconsistency or conflict,
and the provisions of this section apply.
b.
Severability.
1.
Interpretation. This section shall be so construed as not to conflict
with any provision of New Jersey or Federal law.
2.
Notwithstanding that any provision of this section is held to be
invalid or unconstitutional by a court of competent jurisdiction,
all remaining provisions of the Ordinance shall continue to be of
full force and effect.
3.
The provisions of this section shall be cumulative with, and not
in substitution for, all other applicable zoning, planning and land
use regulations.
[Ord. No. 13-1387]
A prompt investigation shall be made by the appropriate personnel of the Borough of Milltown, of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this section is discovered, a civil action shall be undertaken in the Special Part of the Superior Court, or in the Superior Court, if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the Special Civil Part, by the filing and serving of appropriate process. Nothing in this section shall be construed to preclude the right of the Borough of Milltown, pursuant to N.J.S.A. 26:3A2-25, to initiate legal proceedings hereunder in Municipal Court. The violation of any subsection of this section shall constitute a separate and distinct offense independent of the violation of any other section or subsection, or of any order issued pursuant to this section. Each day a violation continues shall be considered a separate offense. The regulations set forth in the section shall be subject to, and enforced in the same manner as, the violation and penalty provisions of subsection 34-39.2 of this Code.
[Ord. No. 13-1387]
a.
Intent. The Borough of Milltown finds that lands adjacent to streams,
lakes, or other surface water bodies that are adequately vegetated
provide an important environmental protection and water resource management
benefit. It is necessary to protect and maintain the beneficial character
of these riparian areas by implementing requirements for the establishment,
protection, and maintenance of vegetated buffers alongside the surface
water bodies within the Borough consistent with the interest of landowners
in making reasonable economic use of lands that include such designated
areas.
b.
Purpose. The purpose of these regulations is to designate riparian
buffer areas and to provide for land use regulations therein in order
to protect the streams, lakes, and other surface water bodies of Milltown
and to comply with N.J.A.C. 7:15-5.25(g)3, which requires municipalities
to adopt regulations that prevent new disturbance for projects or
activities in riparian buffer areas as described herein. Compliance
with the requirements of these regulations is in addition to, and
not in place of, compliance with riparian buffer requirements imposed
by federal or State law.
[Ord. No. 13-1387]
Unless otherwise specifically indicated, the definitions of
the words and/or terms utilized in this section shall be as defined
or described in the New Jersey Water Quality Management Planning rules,
N.J.A.C. 7:15, the New Jersey Stormwater Management Rules, N.J.A.C.
7:8, and/or the New Jersey Flood Hazard Area Control Act Rules, N.J.A.C.
7:13, as same may be amended from time to time.
[Ord. No. 13-1387]
a.
Except as provided in subsections 34-35.4 and 34-35.5 below, riparian buffer areas adjacent to all surface water bodies shall be protected from avoidable disturbance and shall be delineated as follows:
1.
The riparian buffer area shall be 150 feet wide along both sides
of the following waters not designated as C1 waters:
(a)
Any trout production water and all upstream waters (including
tributaries);
(b)
Any trout maintenance water and all upstream waters (including
tributaries) within one linear mile as measured along the length of
the regulated water;
(c)
Any segment of a water flowing through an area that contains
documented habitat for threatened or endangered species of plant or
animal, which is critically dependent on the surface water body for
survival, and all upstream waters (including tributaries) within one
linear mile as measured along the length of the regulated water; and
(d)
Any segment of a water flowing through an area that contains acid producing soils. According to available information from the New Jersey Department of Environmental Protection ("NJDEP"), potentially acid producing soils that exist in Milltown are of the Kr-Raritan formation, and are generally located within the easterly and southerly area of the Borough. A formal determination regarding the presence of such soils shall be based upon field sampling and investigations, laboratory test results, a signed and sealed certification as to the presence or absence of acid producing soils prepared by a Licensed Professional Engineer of the State of New Jersey, and any other data deemed necessary by the Borough, all of which shall be furnished by the Applicant at the time of riparian buffer area boundary determination pursuant to subsection 34-35.3.
2.
For all other surface water bodies, a riparian buffer area 50 feet
wide shall be maintained along both sides of the water.
b.
The delineation of a riparian buffer area as described above shall
be based on NJDEP geographic information system digital data or on
more refined field data found acceptable to the Borough Engineer or
Zoning Officer. The boundaries of the riparian buffer area shall be
based on land surveys, field sampling and investigations, laboratory
test results, a signed and sealed certification as to the presence
or absence of acid producing soils prepared by a licensed professional
engineer of the State of New Jersey, and any other data deemed necessary
by the Borough Engineer or Zoning Officer, or required by State regulations
or the NJDEP, all of which shall be furnished by the applicant prior
to any activity or disturbance in any area affected by these regulations.
c.
The portion of the riparian buffer area that lies outside of a surface
water body shall be measured landward from the top of bank. If a discernible
bank is not present along a surface water body, the portion of the
riparian buffer area outside the surface water body shall be measured
landward as follows:
1.
Along a linear fluvial or tidal water, such as a stream or swale,
the riparian buffer area shall be measured landward of the feature's
centerline;
2.
Along a non-linear fluvial water, such as a lake or pond, the riparian
buffer area shall be measured landward of the normal water surface
limit;
3.
Along a non-linear tidal water, such as a bay or inlet, the riparian
buffer area shall be measured landward of the mean high water line;
and
4.
Along an amorphously-shaped feature such as a wetland complex, through
which water flows but which lacks a definable channel, the riparian
buffer area shall be measured landward of the feature's centerline.
d.
The riparian buffer area regulations set forth in this section shall function as an additional layer of regulatory review and development restriction where the conditions in subsection 34-35.3a above apply. The zoning restrictions applicable to a given area shall remain in full force except where the provisions of these riparian buffer area regulations differ from the zoning restrictions; in which case, the provision that is more restrictive shall govern.
e.
The applicant or applicant's designated representative shall be responsible
for the initial determination of the presence of riparian buffer area
conditions on a site and for identifying the riparian buffer area
on any plan submitted to the Borough in conjunction with an application
for a construction permit, subdivision approval, site plan/land development
approval, bulk or use variance approval, and/or any other approval
for an activity or improvement involving land disturbance. This initial
determination shall be subject to review and approval by the Borough
Zoning Officer and/or Borough Engineer, as appropriate, and, where
required by State regulations, the NJDEP.
[Ord. No. 13-1387]
a.
Except as set forth in subsection 34-35.5 below, and to the extent allowed by the New Jersey Stormwater Management Rules (N.J.A.C. 7:8), the New Jersey Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), and the New Jersey Planning Act Rules (N.J.A.C. 7:38), any project or activity involving disturbance in a riparian buffer area shall require variance relief pursuant to N.J.S.A. 40:55D-70. In addition to the applicable requirements of N.J.S.A. 40:55D-70, no such variance relief may be granted unless the applicant proves that the following criteria have been met:
1.
The disturbance is proposed to be located on a lot in existence as
of the effective date of this section; (adopted October 15, 2013)
2.
There is insufficient room outside the riparian buffer area for the
proposed use otherwise permitted by the underlying zoning;
3.
There is no other reasonable or prudent alternative to placement
in the riparian buffer area, including obtaining variances from setback
or other requirements that would allow conformance with the riparian
buffer area requirements; and
4.
The applicant proves through the submission of appropriate maps,
drawings, reports and testimony, that the disturbance is necessary
to:
(a)
Protect the public health, safety or welfare;
(b)
Provide an environmental benefit; or
(c)
Prevent undue economic hardship to the property owner by denying
the property owner all economically-viable use of the property; provided
the hardship was not self-created.
The applicant shall at all times bear the burden of proving
that the above criteria have been met, in addition to the criteria
that the applicant must prove pursuant to N.J.S.A. 40:55D-70.
b.
All variance requests shall be accompanied by a riparian buffer area
disturbance plan prepared by a New Jersey professional engineer, which
plan shall fully evaluate the effects on the riparian buffer area
of any proposed uses, activities or improvements resulting in any
ground disturbance. The riparian buffer area disturbance plan shall
include the following information:
1.
Existing vegetation;
2.
Field-delineated surface water bodies;
3.
Field-delineated wetlands;
4.
The 100-year floodplain;
5.
Flood hazard areas, including floodway and flood fringe areas, as
delineated by the NJDEP;
6.
Soil classifications as found on soil surveys;
7.
Field soil sampling, investigations, laboratory test results, and
a signed and sealed certification as to the presence or absence of
acid producing soils prepared by a licensed professional engineer
of the State of New Jersey;
8.
Existing subdrainage areas on site with HUC (Hydrologic Unit Code)
14 designations;
9.
Slopes in each subdrainage area segmented into sections of slopes
less than 15%; above 15% but less than 20%; and steep slopes greater
than 20%; and
10.
Description of all proposed uses/activities and improvements, and
full evaluation of the effects of same in the riparian buffer area.
[Ord. No. 13-1387]
The provisions of subsection 34-35.4 notwithstanding, and to the extent allowed under the New Jersey Stormwater Management Rules (N.J.A.C. 7:8) and the New Jersey Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), and subject further to the review and approval by the NJDEP to the extent required by said rules, the following projects or activities involving disturbance in any riparian buffer area established pursuant to these regulations shall be allowed, and variance relief pursuant to subsection 34-35.4 shall not be required:
a.
Redevelopment projects, including the construction of structures,
dwellings, improvements and impervious surfaces on areas which previously
contained structures, dwellings, improvements or impervious surfaces.
b.
Linear development with no feasible alternative route; for the purposes
of this section, "linear development" shall mean any development that
is constructed in a linear fashion across the landscape, such as power
lines, roads, sidewalks, bike paths, walkways, railways, pipelines
(gas, oil), telecommunications infrastructure (excluding towers or
other vertical improvements), and manmade waterways;
c.
Disturbance that is in accordance with a stream corridor restoration
or stream bank stabilization plan or project approved by the NJDEP;
d.
Disturbance necessary to provide for public pedestrian access or
water-dependent recreation that meets the requirements of the New
Jersey Freshwater Wetlands Protection Act rules, N.J.A.C. 7:7A, or
the New Jersey Flood Hazard Area Control Act rules, N.J.A.C. 7:13;
e.
Disturbance with no feasible alternative required for the remediation
of hazardous substances performed with NJDEP or federal oversight
pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11a
et seq., or the federal Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq.;
f.
Any wetlands mitigation project that has been approved by the NJDEP, subject to compliance with a riparian buffer area disturbance plan prepared in accordance with subsection 34-35.4b above and approved by the Borough Engineer; or
g.
Any municipal or municipally-sponsored development or project that
meets the requirements of the New Jersey Freshwater Wetlands Protection
Act rules, N.J.A.C. 7:7A, or the New Jersey Flood Hazard Control Act
rules, N.J.A.C. 7:13;
h.
Disturbance necessary to re-establish pre-existing improvements or
reconstruct conditions that are unintentionally damaged from occurrences
such as fire, vandalism or acts of God.
[Ord. No. 13-1387]
The regulations set forth in this section shall be subject to, and enforced in the same manner as, the violation and penalty provisions of subsection 34-39.2 of this section.
[Ord. No. 13-1387; amended 11-9-2020 by Ord. No. 2020-1494]
Any person aggrieved by any decision, action or inaction of any Borough official (other than the Construction Official) pursuant to these regulations, including any determination of the location of any riparian buffer area boundary, may appeal such decision, action or inaction to the Planning Board in accordance with the provisions set forth in subsection 34-4.1 of this section.
[Ord. No. 919 Art. XIX]
a.
All zoning requirements shall be met at the time of any erection,
enlargement, moving or change in use. If a new structure is added
to an existing complex of structures or if an existing structure has
an addition, the site plan provisions of this chapter shall apply
to the enlargement or new structure.
b.
All developments resulting from subdivision and site plan approvals
shall comply with all the design and performance standards, including
conditions imposed by the Approving Authority, as shown on the approved
plat and/or included in the resolution adopted by the Approving Authority.
[Ord. No. 919 Art. XIX]
a.
In case any building or structure is erected, constructed, altered,
repaired, converted or maintained, or any building, structure or land
is used, in violation of this chapter or of any other ordinance or
regulation made under authority conferred hereby, the proper local
authorities of the municipality or an interested party, in addition
to other remedies, may institute any appropriate action or proceedings
to prevent such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use, to restrain, correct or abate
such violation, to prevent any illegal act, conduct, business or use
in or about such premises.
b.
If, before final subdivision approval has been granted, any person
transfers or sells or agrees to transfer or sell, except pursuant
to an agreement expressly conditional on final subdivision approval,
as owner or agent, any land which forms a part of a subdivision for
which municipal approval is required by ordinance pursuant to this
chapter, such person shall be subject to a penalty not to exceed $1,000,
and each lot disposition so made may be deemed a separate violation
as per N.J.S.A. 40:44D-55.
c.
In addition to the foregoing, the municipality may institute and
maintain a civil action for injunctive relief and to set aside and
invalidate any conveyance made pursuant to such a contract of sale
if a certificate of compliance has not been issued in accordance with
N.J.S.A. 40:55D-38. In any such action, the transferee, purchaser
or grantee shall be entitled to a lien upon the portion of the land
from which the subdivision was made that remains in the possession
of the developer or his assigns or successors, to secure the return
of any deposits made or purchase price paid, and also a reasonable
search fee, survey expense and title closing expense, if any. Any
such action must be brought within two years after the date of the
recording of the instrument of transfer, sale or conveyance of said
land, within six years, if unrecorded.
d.
Penalties. For violation of any zoning provision of this chapter.
If the Borough Council chooses to impose a fine in an amount greater
than $1,250 upon an owner for violations of housing or zoning codes,
the Borough shall provide a thirty-day period in which the owner shall
be afforded the opportunity to cure or abate the condition which is
in violation and shall also be afforded an opportunity for a hearing
before a court of competent jurisdiction for an independent determination
concerning the violation. Subsequent to the expiration of the thirty-day
period, a fine greater than $1,250 may be imposed if a Court has not
determined otherwise or, upon reinspection of the property, it is
determined that the abatement has not been substantially completed.
(N.J.S.A. 40:49-5)
e.
Minimum Penalty. For any violation of any provision of this chapter,
a minimum penalty shall be imposed which shall consist of a fine which
may be fixed at an amount not less than $100 for each day of nonconformance
with the provision of this chapter.
f.
Separate Violations. Except as otherwise provided, each and every
day in which a violation of any provision of this chapter exists shall
constitute a separate violation.
[Ord. No. 919 Art. XIX]
a.
It shall be the duty of the Administrative Official to administer
and enforce the zoning provisions of this chapter. No building permit
shall be issued unless the plans are accompanied by an approved zoning
permit. No zoning permit shall be issued unless the proposed structure,
use, temporary activity and construction activities are in compliance
with this chapter. In cases involving the new use of an existing structure,
no certificate of occupancy for the new tenant shall be issued until
a zoning permit has been issued.
b.
It shall be the duty of the Municipal Engineer to enforce the provisions
for subdivision and site plan approvals.
[Ord. No. 919 Art. XX]
All ordinances inconsistent with or in conflict therewith are
hereby repealed.
[Ord. No. 919 Art. XXI,
Art. XIX]
If any section, subsection or paragraph of this chapter shall
be declared to be unconstitutional, invalid, or inoperative in whole
or in part by a court of competent jurisdiction, such section, subsection
or paragraph shall to the extent that it is not unconstitutional,
invalid or inoperative remain in full force and effect, and no such
determination shall be deemed to invalidate the remaining sections,
subsections or paragraph of this chapter. To this end, the provisions
of each section, subsection, paragraph of this chapter are hereby
declared to be severable.
