Chapter 16A adopted February 20, 2007, and as revised by
the Borough through February 27, 2017. Subsequent amendments noted
where applicable.
For the purpose of this chapter, the Borough of Little Silver
is divided into the following 16 zoning districts:
|
R-1
|
Estate Residential Zone
|
|
R-1A
|
Low Density Residential Zone
|
|
R-2
|
Medium Density Residential Zone
|
|
R-3
|
Medium Density Residential Zone
|
|
R-3A
|
Single Family Court Home Zone
|
|
B-1
|
Business Zone
|
|
B-2
|
Business Zone
|
|
TH-1
|
Townhouse Zone
|
|
TH-2
|
Townhouse Zone
|
|
P-1
|
General Professional Development Zone
|
|
P-2
|
General Professional Development Zone
|
|
PRD
|
Planned Residential Zone
|
|
I-1
|
Light Industrial Zone
|
|
MP-1
|
Municipal Purpose Zone
|
|
MP-2
|
Municipal Purpose Zone
|
|
ARAH
|
Age-Restricted Affordable Housing Zone
|
|
IHO-1
|
Inclusionary Housing Overlay 1 Zone
[Added 9-10-2018 by Ord. No. 815-18] |
|
IHO-2
|
Inclusionary Housing Overlay 2 Zone
[Added 9-10-2018 by Ord. No. 816-18] |
|
IHO-3
|
Inclusionary Housing Overlay 3 Zone
[Added 9-10-2018 by Ord. No. 817-18] |
|
IHO-4
|
Inclusionary Housing Overlay 4 Zone
[Added 9-10-2018 by Ord. No. 818-18] |
|
IHO-5
|
Inclusionary Housing Overlay 5 Zone
[Added 9-10-2018 by Ord. No. 819-18] |
|
IHO-6
|
Inclusionary Housing Overlay 6 Zone
[Added 9-10-2018 by Ord. No. 820-18] |
|
IHO-7
|
Inclusionary Housing Overlay 7Zone
[Added 9-10-2018 by Ord. No. 821-18] |
A.
Map adopted. The boundaries of all zoning districts set forth in
this chapter are shown on a map entitled "Zoning Map, Borough of Little
Silver, Monmouth County, New Jersey", which is dated July 25, 2006
and which is hereby made a part of this chapter.
Editor's Note: The Zoning Map is included as an attachment to this chapter.
B.
Map amendments. More specifically, the "Zoning Map" is hereby changed
as follows:
1.
Block 58/Lots 56, 57, 58, 59 & 60, totaling approximately 4.5
acres in area, is rezoned from the "B-2" Business Zone into the new
"ARAH" Age-Restricted Affordable Housing Zone; and
2.
Block 58/Lots 20.01, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35,
36, 37, 38, 39, 40, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54 &
55, totaling approximately 9.7 acres in area, is rezoned from the
"R-2" Medium Density Residential Zone into the new "ARAH" Age-Restricted
Affordable Housing Zone. The boundaries of all zoning districts set
forth in this chapter are shown in a map entitled "Zoning Map, Borough
of Little Silver, Monmouth County, New Jersey" last revised December
2002, which map is hereby made a part of this chapter.
3.
Block
30.1, Lot 4, totaling approximately 4.61 acres, shall be included
within the Inclusionary Housing Overlay 1 Zone.
[Added 9-10-2018 by Ord. No. 815-18]
4.
Block
75, Lot 6.1, totaling approximately 4.4 acres, shall be included within
the Inclusionary Housing Overlay 2 Zone.
[Added 9-10-2018 by Ord. No. 816-18]
5.
Block
73, Lots 1.01, 10, and 10.1 and Block 74, Lots 1, 1.1, 2, 4, 6, 11,
and 12, totaling approximately 5.4 acres, shall be included within
the Inclusionary Housing Overlay 3 Zone.
[Added 9-10-2018 by Ord. No. 817-18]
6.
Block
30.1, Lots 136 and 137, totaling approximately 1.33 acres, shall be
included within the Inclusionary Housing Overlay 4 Zone.
[Added 9-10-2018 by Ord. No. 818-18]
7.
Block
30.2, Lots 25, 26, and 27, totaling approximately 3.93 acres, shall
be included within the Inclusionary Housing Overlay 5 Zone.
[Added 9-10-2018 by Ord. No. 819-18]
8.
Block
48, Lot 13, 17, 18, 19, and 21, totaling approximately 2.47 acres,
shall be included within the Inclusionary Housing Overlay 6 Zone.
[Added 9-10-2018 by Ord. No. 820-18]
9.
Block
54, Lots 38 ,42 and 43 totaling approximately 0.96 acres, shall be
included within the Inclusionary Housing Overlay 7 Zone.
[Added 9-10-2018 by Ord. No. 821-18]
A.
Zone boundaries are intended to follow center lines of streets, lot
or property lines, or other natural lines such as the center line
of water courses, ditches or lagoons, unless such district or zone
boundaries are fixed by dimension on the Zoning Map or by description,
and shall include contiguous riparian lands subsequently acquired
and/or filled, and lands acquired by accretion or stream diversion
by natural causes.
B.
Where a zone boundary approximately follows and is not more than
20 feet distant from a lot line, such lot line may be construed to
be the zone boundary.
A.
Permitted Principal Uses.
1.
A single detached house used as a residence and by not more than
one family except that rooms may be rented to not more than three
people for sleeping purposes only.
B.
D.
Prohibited Uses. Other principal, accessory or conditional uses not
expressly permitted in this section are prohibited, including the
cultivation, manufacture, warehousing, distribution and sale of recreational
marijuana, accessories and/or the paraphernalia that facilitates the
use of such.
[Amended 6-14-2021 by Ord. No. 846-21]
E.
Area Yard and Building Requirements.
1.
Minimum lot area: 60,000 square feet.
3.
Minimum front setback: 50 feet.
5.
Minimum side yard setback:
7.
Minimum gross habitable ground floor area: 1,600 square feet.
8.
Maximum lot coverage: 25%.
9.
Maximum impervious surface: 25%.
10.
Maximum number of bedrooms: seven.
11.
For buildings located in the Coastal Flood Hazard Area per the
Advisory Base Flood Map, dated December 12, 2012: It is recommended
that the first floor elevation be a minimum of four feet above the
Base Flood Elevation, or the advisory Base Flood Elevation, whichever
is higher. No structure shall exceed 2 1/2 stories, or 42 feet
in height above the surrounding grade.
F.
Additional Regulations and Standards.
1.
No building, structure, improvement and/or development, which increases
the footprint of any existing structure or building or which enlarges
the ground area of development currently existing on the subject property
or which is new development, shall be permitted in the Coastal Flood
Zone, as defined in Chapter XIX of the Revised General Ordinances
of the Borough of Little Silver. For purposes of this paragraph, the
following shall not be considered buildings, structures, improvements
and/or development regulated hereby: fences.
A.
Permitted Principal Uses.
1.
A single detached house used as a residence and by not more than
one family, except that rooms may be rented to not more than three
people for sleeping purposes only.
C.
Permitted Accessory Uses.
4.
Other customary accessory uses and buildings which are clearly incidental
to the principal use and building, including a private garage, boat
house or bath house.
E.
Prohibited Uses. Other principal, accessory or conditional uses not
expressly permitted in this section are prohibited, including the
cultivation, manufacture, warehousing, distribution and sale of recreational
marijuana, accessories and/or the paraphernalia that facilitates the
use of such.
[Amended 6-14-2021 by Ord. No. 846-21]
F.
Area, Yard and Building Requirements.
1.
Minimum lot area: 40,000 square feet.
2.
Minimum lot frontage: 150 feet.
3.
Minimum corner lot frontage: 150 feet facing both streets.
4.
Minimum front setback: 50 feet.
6.
Minimum side yard setback:
8.
Minimum gross habitable ground floor area: 1,600 square feet.
9.
Maximum lot coverage: 25%.
10.
Maximum impervious surface: 25%.
11.
Maximum number of bedrooms: Seven.
12.
For buildings located in the Coastal Flood Hazard Area per the
Advisory Base Flood Map, dated December 12, 2012: It is recommended
that the first floor elevation be a minimum of four feet above the
Base Flood Elevation, or the Advisory Base Flood Elevation, whichever
is higher. No structure shall exceed 2 1/2 stories or 42 feet
in height above the surrounding grade.
G.
Additional Regulations and Standards.
1.
No building, structure, improvement and/or development, which increases
the footprint of any existing structure or building or which enlarges
the ground area of development currently existing on the subject property
or which is new development, shall be permitted in the Coastal Flood
Zone, as defined in Chapter XIX of the Revised General Ordinances
of the Borough of Little Silver. For purposes of this paragraph, the
following shall not be considered buildings, structures, improvements
and/or development regulated hereby: fences.
A.
Permitted Principal Uses.
1.
A single detached house used as a residence and by not more than
one family, except that rooms may be rented to not more than three
people for sleeping purposes only.
C.
Permitted Accessory Uses.
4.
Other customary accessory uses and buildings which are clearly incidental
to the principal use and building, including a private garage, boat
house or bath house.
D.
Prohibited Uses. Other principal, accessory or conditional uses not
expressly permitted in this section are prohibited, including the
cultivation, manufacture, warehousing, distribution and sale of recreational
marijuana, accessories and/or the paraphernalia that facilitates the
use of such.
[Added 6-14-2021 by Ord. No. 846-21]
E.
Area, Yard and Building Requirements.
1.
Minimum lot area: 25,000 square feet.
3.
Minimum front setback: 50 feet.
7.
Minimum gross habitable ground floor area: 1,200 square feet.
8.
Maximum lot coverage: 18%.
9.
Maximum impervious surface: 35%.
10.
Maximum floor area ratio: 0.18.
11.
Maximum number of bedrooms: seven.
12.
For buildings located in the Coastal Flood Hazard Area per the
Advisory Base Flood Map, dated December 12, 2012: It is recommended
that the first floor elevation be a minimum of four feet above the
Base Flood Elevation, or the Advisory Base Flood Elevation, whichever
is higher. No structure shall exceed 2 1/2 stories or 42 feet
in height above the surrounding grade.
F.
Additional Regulations and Standards.
1.
No building, structure, improvement and/or development which increases
the footprint of any existing structure or building or which enlarges
the ground area of development currently existing on the subject property
or which is new Development, shall be permitted in the Coastal Flood
Zone, as defined in Chapter XIX of the Revised General Ordinances
of the Borough of Little Silver. For purposes of this paragraph, the
following shall not be considered buildings, structures improvements
and/or development regulated hereby: fences.
A.
Permitted Principal Uses.
1.
A single detached house used as a residence and by not more than
one family, except that rooms may be rented to not more than three
people for sleeping purposes only.
C.
Permitted Accessory Uses.
4.
Other customary accessory uses and buildings which are clearly incidental
to the principal use and building, including a private garage, boat
house or bath house.
D.
Prohibited Uses. Other principal, accessory or conditional uses not
expressly permitted in this section are prohibited, including the
cultivation, manufacture, warehousing, distribution and sale of recreational
marijuana, accessories and/or the paraphernalia that facilitates the
use of such.
[Added 6-14-2021 by Ord. No. 846-21]
E.
Area, Yard and Building Requirements.
2.
Minimum front setback: 30 feet.
6.
Minimum gross habitable ground floor area: 900 square feet.
7.
Maximum lot coverage: 18%.
8.
Maximum impervious surface: 35%.
9.
Maximum number of bedrooms: seven.
10.
Maximum Floor Area Ratio: 0.18.
11.
For buildings located in the Coastal Flood Hazard Area per the
Advisory Base Flood Map, dated December 12, 2012: It is recommended
that the first floor elevation be a minimum of four feet above the
Base Flood Elevation, or the Advisory Base Flood Elevation, whichever
is higher. No structure shall exceed 2 1/2 stories or 42 feet
in height above the surrounding grade.
F.
Additional Regulations and Standards.
1.
No building, structure, improvement and/or development, which increases
the footprint of any existing structure or building or which enlarges
the ground area of development currently existing on the subject property
or which is new development, shall be permitted in the Coastal Flood
Zone, as defined in Chapter XIX of the Revised General Ordinances
of the Borough of Little Silver. For purposes of this paragraph, the
following shall not be considered buildings, structures, improvements
and/or development regulated hereby: fences.
[Amended 7-11-2016 by Ord. No. 784-16]
A.
Permitted Uses.
1.
The retail sale of goods which may include the following:
a.
Grocery Stores and food markets.
b.
Drug stores.
c.
Dry goods stores.
d.
Baked goods stores.
e.
Packaged liquor stores.
f.
Flower shops.
g.
Confectionery stores.
h.
Household supplies stores.
i.
Stationery supplies, tobacco and periodical stores.
j.
Haberdashery, dress goods and notions.
k.
Hardware, plumbing supplies and electrical supplies.
l.
Boat supplies and automobile supplies.
m.
Shops of artisans and craftsmen.
n.
Furniture and appliance stores.
o.
Gift shops.
2.
Personal service establishments which may include the following:
a.
Barber shops and beauty shops.
b.
Tailoring and dressmaking shops.
c.
Dry cleaning and laundry collection shops.
d.
Shoe repair shops.
e.
Appliance repair shops.
f.
Radio and television repair shops.
g.
Art, dancing, music, gymnastics and other similar instructional
schools.
h.
Nursery schools and day nurseries.
3.
Private clubs and fraternal organizations.
4.
Business and professional offices.
5.
Restaurants, lunchrooms, and other eating and dining establishments
(except that lunch wagons, diners, refreshment or eating places where
patrons are served outside of the building and restaurants, eating
places or refreshment places of the type known as drive-ins or fast
food restaurants, whether patrons are served outside or inside of
the building shall not be permitted).
6.
Federal, State, County and Municipal buildings and grounds.
7.
Essential services.
E.
Prohibited Uses. Other principal, accessory or conditional uses not
expressly permitted in this section are prohibited, including the
cultivation, manufacture, warehousing, distribution and sale of recreational
marijuana, accessories and/or the paraphernalia that facilitates the
use of such.
[Amended 6-14-2021 by Ord. No. 846-21]
F.
Area, Yard and Building Requirements.
1.
Minimum lot area: 5,000 square feet.
2.
Minimum lot frontage: 50 feet.
7.
Minimum unoccupied open space: 40%.
8.
Minimum floor area of any building: 2,000 square feet.
9.
Minimum floor area of any use contained in a multi-use building:
1,000 square feet.
10.
Maximum floor area of any use contained in a multi-use building:
3,000 square feet.
11.
Maximum Floor Area Ratio (FAH): 0.30.
G.
Additional Regulations and Standards.
1.
No building, structure, improvement and/or development, which increases
the footprint of any existing structure or building or which enlarges
the ground area of development currently existing on the subject property
or which is new development, shall be permitted in the Coastal Flood
Zone, as defined in Chapter XIX of the Revised General Ordinances
of the Borough of Little Silver. For purposes of this paragraph, the
following shall not be considered buildings, structures, improvements
and/or development regulated hereby: fences.
2.
Any bona fide restaurant, as defined herein and in Chapter 7 of the Ordinances of the Borough of Little Silver, that operates with a Restaurant Conditional Liquor License, as defined in Chapter 7, Alcoholic Beverage Control, will require a side yard setback of 20 feet on any side or rear of subject property that abuts a residential zone. A six-foot high solid fence must be constructed in accordance with Section 16A-8.14 of this chapter along any property line that abuts a residential zone. In addition a shrub line minimum six-foot in height is required along the fence line when property abuts a residential zone. Any proposed parking lot lighting shall not exceed 15 feet in height along any property line that abuts a residential zone. The common entrance and outside public gathering (including smoking area) is prohibited on any side of the property that abuts a residential zone.
[Added 7-11-2016 by Ord.
No. 784-16]
3.
To qualify as a bona fide restaurant under this section, the premises
must comply with the following requirements:
[Added 7-11-2016 by Ord.
No. 784-16]
a.
There shall be no food or beverages consumed at counters in
any part of the licensed premises that is available to the public.
For purposes of this section, a counter shall be any linear footage
of wood or other material exceeding one foot in length and that is
connected to a wall at the perimeter of a room or between posts or
other fixtures in such a manner as to provide a horizontal space upon
which food and/or drink is permitted or encouraged to be placed. The
definition of counter shall not include the bar counter of the bar/lounge
area, behind which a bartender or bartenders are located; food and
beverages may be consumed at the bar.
b.
The dining area of the licensed premises shall be devoted to
the purposes of dining and shall not contain fewer than 300 square
feet of floor space. The computation of said dining area shall not
include any space used for kitchen, pantry, storage, rest rooms, bar/lounge
area or any other purpose than dining.
c.
Men's lavatory. For the first 75 seats or fraction thereof in
the dining room area, the men's lavatory shall contain one water closet,
one urinal and one wash basin. For each additional 75 or fraction
thereof in dining capacity over 75, there shall be one additional
water closet and one additional urinal required in the men's lavatory.
d.
Women's lavatory. For the first 150 seats or fraction thereof
in the dining room area, the women's lavatory shall contain two water
closets and one wash basin. For each additional 75 or fraction thereof
in dining seating capacity over 150 there shall be one additional
water closet required in the women's lavatory.
e.
Both lavatories. There shall be an additional wash basin in
each lavatory for each 75 seats or fraction thereof above 150.
f.
Miscellaneous. The entrances to such lavatories shall be screened
from public view.
g.
There shall be suitable facilities on the licensed premises
for temporary storage of coats, hats, umbrellas, overshoes and other
items of clothing outside the dining area.
h.
There shall be no service of food or beverages of any kind on any patio, deck, or other area available to the public that is located outside the foundation line of the licensed premises. For purposes of Chapter 7, Section 7-3.8, any patio, deck, or other area available to the public that is located inside the foundation line of the licensed premises shall be considered part of the dining area, and must provide a dining menu at all times it is open.
i.
A premises licensed under this section may provide tables and
a bar/lounge area at which alcoholic beverages may be served without
meals for the use or patrons.
j.
The number of bar stools shall be calculated as no more than
one bar stool per four seats of dining, but in any event no more than
one bar stool for every two feet of bar counter. For purposes of calculating
the number of permitted bar stools, "dining seats" shall include the
actual number of seats used at tables in the bar/lounge area, out
of the 50 seats permitted.
k.
The maximum capacity of the bar/lounge area shall not exceed
100 people having a maximum capacity of not more than 50 seats, not
more than 25 bar stools and a standing capacity of not more than 25.
l.
Such bar/lounge area shall offer a dining menu during all hours
of operation.
m.
The bar/lounge area should be delineated by a knee wall, railing
or architectural feature to designate the limits of the bar/lounge
area.
n.
The tables in the bar/lounge area shall be at least 42 inches
high. Each seat at such tables in the bar/lounge area shall be included
in computing the floor space required by this section and shall also
be included in the total seating capacity required by any provision
in this section to meet the requirement for obtaining such license.
[Amended 7-11-2016 by Ord. No. 784-16]
A.
Permitted Uses.
1.
The retail sale of goods which may include the following:
a.
Grocery Stores and food markets.
b.
Drug stores.
c.
Dry goods stores.
d.
Baked goods stores.
e.
Packaged liquor stores.
f.
Flower shops.
g.
Confectionery stores.
h.
Household supplies stores.
i.
Stationery supplies, tobacco and periodical stores.
j.
Haberdashery, dress goods and notions.
k.
Hardware, plumbing supplies and electrical supplies.
l.
Boat supplies and automobile supplies.
m.
Shops of artisans and craftsmen.
n.
Furniture and appliance stores.
o.
Gift shops.
2.
Personal service establishments which may include the following:
a.
Barber shops and beauty shops.
b.
Tailoring and dressmaking shops.
c.
Dry cleaning and laundry collection shops.
d.
Shoe repair shops.
e.
Appliance repair shops.
f.
Radio and television repair shops.
g.
Art/dancing, music, gymnastics and other similar instructional
schools.
h.
Nursery schools and day nurseries.
3.
Private clubs and fraternal organizations.
4.
Business and professional offices.
5.
Restaurants, lunchrooms, and other eating and dining establishments
(except that lunch wagons, diners, refreshment or eating places where
patrons are served outside of the building and restaurants, eating
places or refreshment places of the type known as drive-ins or fast
food restaurants, whether patron are served outside or inside of the
building shall not be permitted).
6.
Shops of a plumber, carpenter, boat builder, painter, mason or electrician.
7.
Warehouses.
8.
Lumber yards.
9.
Federal, State, County and Municipal buildings and grounds.
10.
Essential services.
C.
Permitted Accessory Uses.
E.
Prohibited Uses: Other principal, accessory or conditional uses not
expressly permitted in this section are prohibited, including the
cultivation, manufacture, warehousing, distribution and sale of recreational
marijuana, accessories and/or the paraphernalia that facilitates the
use of such.
[Amended 6-14-2021 by Ord. No. 846-21]
F.
Area, Yard and Building Requirements.
1.
Minimum lot area: 5,000 square feet.
2.
Minimum lot frontage: 50 feet.
6.
Maximum building and/or structure height: 30 feet and not exceeding
2 1/2 stories.
7.
(Reserved)
8.
Minimum unoccupied open space: 40%.
9.
Minimum floor area of any building: 2,000 square feet.
10.
(Reserved)
11.
Minimum floor area of any use contained in a multi-use building:
1,000 square feet.
12.
Maximum floor area of any use contained in a multi-use building:
3,000 square feet.
13.
Maximum Floor Area Ratio (FAH): 0.30.
G.
Additional Regulations and Standards.
1.
No building, structure, improvement and/or development, which increases
the footprint of any existing structure or building or which enlarges
the ground area of development currently existing on the subject property
or which is new development, shall be permitted in the Coastal Flood
Zone, as defined in XIX of the Revised General Ordinances of the Borough
of Little Silver. For purposes of this paragraph, the following shall
not be considered buildings, structures, improvements and/or development
regulated hereby: fences.
2.
Any bona fide restaurant, as defined herein in Chapter 7 of the Ordinances of the Borough of Little Silver, that operates with a Restaurant Conditional Liquor License, as defined in Chapter 7, Alcoholic Beverage Control, will require a side yard setback of 20 feet on any side or rear of subject property that abuts a residential zone. A six-foot high solid fence must be constructed in accordance with Section 16A-8.14 of this chapter along any property line that abuts a residential zone. In addition a shrub line minimum six foot in height is required along the fence line when property abuts a residential zone. Any proposed parking lot lighting shall not exceed 15 feet in height along any property line that abuts a residential zone. The common entrance and outside public gathering (including smoking area) is prohibited on any side of the property that abuts a residential zone.
[Added 7-11-2016 by Ord.
No. 784-16]
3.
To qualify as a bona fide restaurant under this section, the premises
must comply with the following requirements:
[Added 7-11-2016 by Ord.
No. 784-16]
a.
There shall be no food or beverages consumed at counters in
any part of the licensed premises that is available to the public.
For purposes of this section, a counter shall be any linear footage
of wood or other material exceeding one foot in length and that is
connected to a wall at the perimeter of a room or between posts or
other fixtures in such a manner as to provide a horizontal space upon
which food and/or drink is permitted or encouraged to be placed. The
definition of counter shall not include the bar counter of the bar/lounge
area, behind which a bartender or bartenders are located; food and
beverages may be consumed at the bar.
b.
The dining area of the licensed premises shall be devoted to
the purposes of dining and shall not contain fewer than 300 square
feet of floor space. The computation of said dining area shall not
include any space used for kitchen, pantry, storage, rest rooms, bar/lounge
area or any other purpose than dining.
c.
Men's lavatory. For the first 75 seats or fraction thereof in
the dining room area, the men's lavatory shall contain one water closet,
one urinal and one wash basin. For each additional 75 or fraction
thereof in dining capacity over 75, there shall be one additional
water closet and one additional urinal required in the men's lavatory.
d.
Women's lavatory. For the first 150 seats or fraction thereof
in the dining room area, the women's lavatory shall contain two water
closets and one wash basin. For each additional 75 or fraction thereof
in dining seating capacity over 150 there shall be one additional
water closet required in the women's lavatory.
e.
Both lavatories. There shall be an additional wash basin in
each lavatory for each 75 seats or fraction thereof above 150.
f.
Miscellaneous. The entrances to such lavatories shall be screened
from public view.
g.
There shall be suitable facilities on the licensed premises
for temporary storage of coats, hats, umbrellas, overshoes and other
items of clothing outside the dining area.
h.
There shall be no service of food or beverages of any kind on any patio, deck, or other area available to the public that is located outside the foundation line of the licensed premises. For purposes of Chapter 7, Section 7-3.8, any patio, deck, or other area available to the public that is located inside the foundation line of the licensed premises shall be considered part of the dining area, and must provide a dining menu at all times it is open.
i.
A premises licensed under this section may provide tables and
a bar/lounge area at which alcoholic beverages may be served without
meals for the use or patrons.
j.
The number of bar stools shall be calculated as no more than
one bar stool per four seats of dining, but in any event no more than
one bar stool for every two feet of bar counter. For purposes of calculating
the number of permitted bar stools, "dining seats" shall include the
actual number of seats used at tables in the bar/lounge area, out
of the 50 seats permitted.
k.
The maximum capacity of the bar/lounge area shall not exceed
100 people having a maximum capacity of not more than 50 seats, not
more than 25 bar stools and a standing capacity of not more than 25.
l.
Such bar/lounge area shall offer a dining menu during all hours
of operation.
m.
The bar/lounge area should be delineated by a knee wall, railing
or architectural feature to designate the limits of the bar/lounge
area.
n.
The tables in the bar/lounge area shall be at least 42 inches
high. Each seat at such tables in the bar/lounge area shall be included
in computing the floor space required by this section and shall also
be included in the total seating capacity required by any provision
in this section to meet the requirement for obtaining such license.
B.
Permitted Accessory Uses.
1.
Community swimming pools designed for the exclusive use of the residents of the development, subject to the provisions of Section 16A-8.21.
2.
Clubhouses and other recreational facilities, provided such
facilities are for the exclusive use of the residents of the development.
The nature of said uses shall be limited to facilities which are accessory
and appurtenant to the principal townhouse use.
6.
Decks and patios.
7.
Trailers of contractors actively engaged in work provided that
said trailers are located on the tract, completion of said construction.
C.
Prohibited Uses. Other principal, accessory or conditional uses not
expressly permitted in this section are prohibited, including the
cultivation, manufacture, warehousing, distribution and sale of recreational
marijuana, accessories and/or the paraphernalia that facilitates the
use of such.
[Amended 6-14-2021 by Ord. No. 846-21]
D.
Area, Yard and Building Requirements.
1.
Minimum tract size: 25 acres.
2.
Maximum density: 5.5 (5 1/2) units per buildable acre.
Net buildable acre shall mean that portion of the tract not classified
as "wetlands".
3.
Minimum tract frontage: 250 feet.
4.
Maximum principal building coverage: The maximum coverage by
principal buildings shall not exceed 15%, exclusive of permitted accessory
structures.
5.
Building and/or structure height: The maximum height shall not
exceed 30 feet and 2 1/2 stories.
6.
Number of units in a building: There shall be a minimum of four
units and a maximum of eight units per building.
7.
Number of Bedrooms: There shall be a maximum number of seven
bedrooms in each unit.
8.
Parking: There shall be a minimum of three spaces/units exclusive
of driveways and garages. The minimum stall size shall be 8 1/2
feet by eight feet.
E.
Setback Requirements.
1.
Minimum setback from a municipal boundary: 90 feet to any principal
or accessory structure.
2.
Minimum setback from a collector road for principal structures:
50 feet.
3.
Minimum setback from any tract boundary line or other right-of-way
lines: 50 feet.
4.
Minimum setback from the curb of an interior street: 20 feet.
5.
Minimum distance between principal structures shall be: 40 feet.
6.
Minimum rear yard: 50 feet.
7.
Minimum front yard: 20 feet.
F.
Standards for Patios and Decks.
1.
Location: Patios and decks shall be restricted to the rear yard
areas of townhouse units; they may not encroach upon the municipal
setback of 90 feet.
2.
Maximum size: No patio or deck shall exceed 225 square feet,
nor extend more than 15 feet from the rear wall of a townhouse unit.
3.
Impervious coverage: When decks are located above grade, no
impervious coverage shall be placed below the deck. Boards shall be
spaced so as to permit the free flow of water.
4.
Decks or patios less than three feet above grade may encroach
upon the fifty-foot rear yard requirement.
G.
Building Design Standards. Townhouse development in the TH-1 Zone
shall provide sufficient horizontal and vertical offsets to create
visually attractive buildings and building clusters which relate to
the tract's topography and natural features. A uniform design theme
shall be incorporated which uses a consistent system of surface material,
trim design and colors which serve to unify the site's development
and blend with the environment.
H.
Applicability of Other Ordinances. Unless contrary to this chapter,
all other rules, regulations, procedures, and standards of the Borough
of Little Silver are applicable to development within the TH-1 Zone
district.
I.
Additional Regulations and Standards.
1.
No building, structure, improvement and/or development, which
increases the footprint of any existing structure or building or which
enlarges the ground area of development currently existing on the
subject property or which is new development, shall be permitted in
the Coastal Flood Zone, as defined in Chapter XIX of the Revised General
Ordinances of the Borough of Little Silver. For purposes of this paragraph,
the following shall not be considered buildings, structures, improvements
and/or development regulated hereby: fences.
A.
Permitted Uses.
E.
Prohibited Uses. Other principal, accessory or conditional uses not
expressly permitted in this section are prohibited, including the
cultivation, manufacture, warehousing, distribution and sale of recreational
marijuana, accessories and/or the paraphernalia that facilitates the
use of such.
[Amended 6-14-2021 by Ord. No. 846-21]
F.
Area, Yard and Building Requirements.
1.
Minimum lot area: 40,000 square feet.
2.
Minimum lot frontage: 225 feet.
3.
Minimum front setback: 25 feet. No parking shall be permitted
in front yards.
6.
Maximum building and/or structure height: 30 Feet and not exceeding
2 1/2 stories.
7.
(Reserved)
8.
Minimum unoccupied open space: 40%.
9.
Maximum Floor Area Ratio: 0.30.
G.
Additional Regulations and Standards.
1.
No building, structure, improvement and/or development, which
increases the footprint of any existing structure or building or which
enlarges the ground area of development currently existing on the
subject property or which is new development, shall be permitted in
the Coastal Flood Zone, as defined in Chapter XIX of the Revised General
Ordinances of the Borough of Little Silver. For purposes of this paragraph,
the following shall not be considered buildings, structures, improvements
and/or development regulated hereby: fences.
A.
Permitted Uses.
E.
Prohibited Uses. Other principal, accessory or conditional uses not
expressly permitted in this section are prohibited, including the
cultivation, manufacture, warehousing, distribution and sale of recreational
marijuana, accessories and/or the paraphernalia that facilitates the
use of such.
[Amended 6-14-2021 by Ord. No. 846-21]
F.
Area, Yard and Building Requirements.
1.
Minimum lot area: 10,000 square feet.
2.
Minimum lot frontage: 100 feet.
5.
Minimum side yard setback: Principal and accessory buildings:
eight feet.
6.
Maximum building and/or structure height: 30 Feet and not exceeding
2 1/2 stories.
7.
(Reserved)
8.
Minimum unoccupied open space: 40%.
9.
Maximum Floor Area Ratio: 0.30.
G.
Additional Regulations and Standards.
1.
No building, structure, improvement and/or development, which
increases the footprint of any existing structure or building or which
enlarges the ground area of development currently existing on the
subject property or which is new development, shall be permitted in
the Coastal Flood Zone, as defined in Chapter XIX of the Revised General
Ordinances of the Borough of Little Silver. For purposes of this paragraph,
the following shall not be considered buildings, structures, improvements
and/or development regulated hereby: fences.
A.
Permitted Uses.
1.
Light manufacturing as defined in this chapter.
2.
The warehousing and storage of goods and products.
3.
Wholesaling or distributing establishments, except for used
automobiles.
4.
Scientific or research laboratories.
5.
Executive or administrative offices of an industrial or business
concern which are not normally involved in conducting business with
the general public.
6.
Federal, State, County and Municipal buildings and grounds.
7.
Essential services.
C.
Permitted Accessory Uses.
E.
Prohibited Uses. Other principal, accessory or conditional uses not
expressly permitted in this section are prohibited, including the
cultivation, manufacture, warehousing, distribution and sale of recreational
marijuana, accessories and/or the paraphernalia that facilitates the
use of such.
[Amended 6-14-2021 by Ord. No. 846-21]
F.
Area, Yard and Building Requirements.
1.
Minimum lot area: 20,000 square feet.
2.
Minimum lot frontage: 100 feet.
3.
Minimum front setback: 25 feet.
4.
Minimum rear yard setback: None.
5.
Minimum side yard setback: None.
6.
Maximum building and/or structure height: 25 feet and not exceeding
2 1/2 stories.
7.
Maximum lot coverage: 40%.
8.
Minimum unoccupied open space: 10%.
G.
Additional Regulations and Standards.
1.
No building, structure, improvement and/or development, which
increases the footprint of any existing structure or building or which
enlarges the ground area of development currently existing on the
subject property or which is new development, shall be permitted in
the Coastal Flood Zone, as defined in Chapter XIX of the Revised General
Ordinances of the Borough of Little Silver. For purposes of this paragraph,
the following shall not be considered buildings, structures, improvements
and/or development regulated hereby: fences.
The keeping of horses, sheep, goats, cattle or other animals,
except small domesticated animals, is prohibited, except within a
plot containing over two acres and except within an enclosure distant
at least 50 feet from each lot line. The keeping of chickens or other
fowl is prohibited, except on a plot of one-half acre or more and
except within an enclosure distant at least 50 feet from each lot
line.
B.
Required Accessory Uses. Off street parking subject to the following
standards:
1.
2-Bedroom units: 2.
2.
3-Bedroom units: 3.
3.
4-Bedroom units: 3.5 spaces.
|
Note:
|
One car driveways count as 0.5 space
Two car driveways count as one space
One car garage counts as one space
Two car garage counts as two spaces
|
4.
In addition to the above requirements, visitors parking shall
be provided at the rate of one space for each four units in common
areas.
C.
Permitted Accessory Uses.
1.
Active and passive recreation amenities designed primarily for
use by residents of the planned residential development. These facilities
include uses such as private clubhouses, tennis courts, pools, decks
and patio area. Maximum height of accessory recreation structure shall
be two stories and 35 feet exclusive of architectural details including
but not limited to spires, cupolas, belfries and chimneys.
D.
Prohibited Uses. Other principal, accessory or conditional uses not
expressly permitted in this section are prohibited, including the
cultivation, manufacture, warehousing, distribution and sale of recreational
marijuana, accessories and/or the paraphernalia that facilitates the
use of such.
[Amended 6-14-2021 by Ord. No. 846-21]
E.
Area, Yard and Building Requirements.
2.
Patio Homes/Zero Lot Line. If patio home/zero lot line is not
to be fee simple, the area and dimensional requirements remain the
same. An "imaginary" subdivision overlay shall be used to establish
ordinance compliance.
3.
Townhouses/Garden Apartments/Quadruplex/Semi-detached Dwellings:
a.
Minimum distances between or for buildings shall be as follows:
b.
Maximum building length for garden apartments and townhouse
units: 200 feet.
|
The Planning Board may reduce the distances referred to in paragraph
D3 by not more than 1/3 if there is an angle of 20° or more between
the buildings and if extensive landscaping or buffers are placed between
buildings. Said deviation shall be considered a design standard waiver,
which waiver shall be granted where the deviation encourages creative
and innovative design.
|
F.
Tract Standards and Regulations.
1.
Minimum Tract Area: 40 acres (tract shall not be deemed to be
divided by minor or private streets).
2.
Minimum Tract Buffer: 50 feet from all adjacent property and
street lines (exclusive of internal streets). Buffer area may be reduced
to not less than 30 feet where the Planning Board deems sufficient
buffering and/or screening is provided to protect adjoining development.
3.
Minimum Open space: 25% of tract area.
4.
Maximum Tract Density: 4.5 units per gross acre.
5.
Maximum Number of Units: The maximum number of units permitted
in the PRD Zone will be 205 units.
6.
Public streets shall meet standards set forth in the Municipal
Subdivision Ordinance.
G.
Additional Regulations and Standards.
1.
No building, structure, improvement and/or development, which
increases the footprint of any existing structure or building or which
enlarges the ground area of development currently existing on the
subject property or which is new development, shall be permitted in
the Coastal Flood Zone, as defined in Chapter XIX of the Revised General
Ordinances of the Borough of Little Silver. For purposes of this paragraph,
the following shall not be considered buildings, structures, improvements
and/or development regulated hereby: fences.
B.
Permitted Accessory Uses.
1.
Community swimming pools designed for the exclusive use of the residents of the development, subject to the provisions of Section 16A-8.21.
2.
Clubhouses and other recreational facilities provided such facilities
are for the exclusive use of the residents of the development. The
nature of said uses shall be limited to facilities which are accessory
and appurtenant to the principal townhouse use.
6.
Decks and patios.
7.
Trailers of contractors actively engaged in work provided that
said trailers are located on the tract, until completion of said construction.
C.
Prohibited Uses. Other principal, accessory or conditional uses not
expressly permitted in this section are prohibited, including the
cultivation, manufacture, warehousing, distribution and sale of recreational
marijuana, accessories and/or the paraphernalia that facilitates the
use of such.
[Amended 6-14-2021 by Ord. No. 846-21]
D.
Area, Yard and Building Requirements:
1.
Minimum tract size: five acres.
2.
Maximum density: 4.5 (4 1/2) units per acre.
3.
Minimum tract frontage: 100 feet.
4.
Maximum principal building coverage: The maximum coverage by
principal buildings shall not exceed 25%, exclusive of permitted accessory
structures.
5.
Maximum impervious coverage: 60%.
6.
Building and/or structure height: The maximum height shall not
exceed 30 feet and 2.5 stories.
7.
Number of units in a building: There shall be a minimum of four
units and a maximum of eight units per building.
8.
Parking: There shall be a minimum of 2.5 spaces/units inclusive
of driveways and garages. Driveway spaces shall be counted as .5 (1/2)
stalls.
9.
Maximum number of units per access point: 24 units.
10.
Center line length of cul-de-sac shall be minimum of 100 feet
or no longer than 1,000 feet and should provide access to no more
than twenty-four-dwelling units.
11.
Maximum number of bedrooms per unit: three bedrooms.
E.
Setback Requirements.
1.
Minimum setback from a collector road for principal structures:
50 feet.
2.
Minimum setback from any tract boundary line or other right-of-way
lines-25 feet from commercial property/boundary, 50 feet from residential
property boundary except where the boundary abuts the front yard where
the setback will be 20 feet.
3.
Minimum setback from the curb of an interior street: 20 feet.
5.
Minimum rear yard: 50 feet.
6.
Minimum front yard: 20 feet.
F.
Standard for Patios and Decks.
1.
Location: Patios and decks shall not encroach upon the municipal
setbacks.
2.
Maximum size: No patio or deck shall exceed 225 square feet,
nor extend more than 15 feet from the rear wall of a townhouse unit.
3.
Impervious coverage: When decks are located above grade, no
impervious coverage shall be placed below the deck. Boards shall be
spaced so as to permit the free flow of water.
G.
Building Design Standards. Townhouse development in the TH-2 Zone
shall provide sufficient horizontal and vertical offsets to create
visually attractive buildings and building clusters which relate to
the tract's topography and natural features. A uniform design theme
shall be incorporated which uses a consistent system of surface material,
trim design and colors which serve to unify the site's development
and blend with the environment.
H.
Applicability of Other Ordinances. Unless contrary to this chapter,
all other rules, regulations procedures, and standards of the Borough
of Little Silver are applicable to development within the TH-2 Zone
district.
I.
Contribution to Little Silver Lower Income Housing Trust Fund. It
shall be a condition of approval of development of this property in
this zone that the developer contributes $125,000 to the Little Silver
Lower Income Housing Trust Fund. Said contribution shall be reduced
by $5,208.33 per unit in the event approval is obtained for less than
24 units as permitted by ordinance. Said contribution shall be paid
on a pro rata basis as each unit is issued a Certificate of Occupancy.
J.
Additional Regulations and Standards.
1.
No building, structure, improvement and/or development, which
increases the footprint of any existing structure or building or which
enlarges the ground area of development currently existing on the
subject property or which is new development, shall be permitted in
the Coastal Flood Zone, as defined in Chapter XIX of the Revised General
Ordinances of the Borough of Little Silver. For purposes of this paragraph,
the following shall not be considered buildings, structures, improvements
and/or development regulated hereby: fences.
B.
Required Accessory Uses.
1.
Off-street minimum parking for at least two cars, one in an
attached private garage plus at least one car in a private driveway
measuring at least 12 feet wide by 24 feet long per unit.
D.
Prohibited Uses. Other principal, accessory or conditional uses not
expressly permitted in this section are prohibited, including the
cultivation, manufacture, warehousing, distribution and sale of recreational
marijuana, accessories and/or the paraphernalia that facilitates the
use of such.
[Amended 6-14-2021 by Ord. No. 846-21]
E.
Single Family Court Home Area. Yard and Building Requirements.
1.
Maximum Gross Density: 3.5 dwelling units per acre.
2.
Minimum Tract Size: seven Ac.
3.
Maximum Building Height: 2 1/2 stories and 30 feet.
5.
Minimum Rear Yard of Court Home Lots: 25 feet.
(In the case of a unit with two potential rear yards, one official
rear yard shall be designated by the applicant and the other shall
be considered a side yard).
7.
Court Home Lot Size. The Single Family Court Home Development
shall be designed so as to provide for an average lot size of 5,250
square feet In no event shall any lot contain less than 2,800 square
feet.
10.
Minimum Common Open Space: 45% of gross tract area.
12.
Buffer: 25 feet planted buffer including a fence or wall acceptable
to the Planning Board adjacent to existing single family homes, non-residential
uses and railroads.
13.
Ownership of Open Space: The ownership of open space may be
any of the following or any combination thereof:
14.
Maximum number of bedrooms per unit: Four bedrooms.
F.
Additional Regulations and Standards.
1.
No building, structure, improvement and/or development, which
increases the footprint of any existing structure or building or which
enlarges the ground area of development currently existing on the
subject property or which is new development, shall be permitted in
the Coastal Flood Zone, as defined in Chapter XIX of the Revised General
Ordinances of the Borough of Little Silver. For purposes of this paragraph,
the following shall not be considered buildings, structures, improvements
and/or development regulated hereby: fences.
A.
Minimum Tract Size. Age-restricted affordable housing developments
are permitted on tracts of land at least 14.0 acres in size within
the "ARAH" Age-Restricted Affordable Housing zoning district.
B.
Age Restrictions.
1.
Except as permitted under the requirements of "Housing For Older
Persons", as set forth in 42.U.S.C.3601 et seq. of the Federal Housing
Act, as amended, and regulations promulgated thereunder, all dwelling
units within an age-restricted affordable housing development shall
be deed restricted by the master deed for occupancy by households
with at least one person 55 years of age or older and with no person
less than 19 years of age, provided that visitors less than 19 years
of age are permitted for no more than eight weeks during any twelve-month
time period.
2.
The wording of the required master deed restriction shall be
submitted by the applicant to the Planning Board for review as part
of the application for final site plan approval, and the wording shall
be reviewed, modified as necessary, and finally approved by the Borough
Council and incorporated within a developer's agreement between the
developer and the Borough Council as a condition of any final approval
granted by the Planning Board for an age-restricted affordable housing
development.
3.
The wording of the required master deed restriction as finally
approved by the Borough Council shall be recited in the Master Deed
and the Homeowners' Association by-laws, which also shall be reviewed
and approved by the Borough Council and Planning Board as a condition
of any final approval granted by the Planning Board for an age-restricted
affordable housing development.
C.
Maximum Density, Number & Location of Dwelling Units Permitted.
1.
The density of the development shall not exceed 2.8 dwelling
units per gross acre of the entire tract, provided that, in any case,
no more than 39 dwelling units shall be permitted.
2.
Except for the parking area and pathway network required via Subsection 16A-10.20F hereinbelow, all development of the dwelling units and related uses and improvements shall be constructed only on Block 58/Lots 56, 57, 58, 59 & 60.
D.
Permitted Principal & Accessory Uses.
1.
Townhouses, which shall include 32 market-rate units.
2.
Garden Apartments, which shall include seven units set aside
for occupancy by qualified "low" and "moderate" income households
in accordance with all applicable requirements and restrictions specified
in the "Uniform Housing Affordability Controls" document (N.J.A.C.
5:80-26.1, et seq.) as adopted by the New Jersey Council On Affordable
Housing (COAH).
3.
Conservations areas, public parks, and common open spaces in accordance with Subsection 16A-10.20F hereinbelow.
4.
Off-street parking in accordance with the provisions of Subsection 16A-10.20G hereinbelow.
5.
Signs in accordance with the provisions of Subsection 16A-10.20H hereinbelow.
6.
Balconies and patios.
7.
Courtyards, which shall be patios enclosed on all sides by building
walls and/or fences, walls or hedges not exceeding five feet in height,
except for decorative elements specifically approved by the Planning
Board which shall not exceed seven feet in height and two feet in
width.
8.
A sales/construction trailer as may be specifically approved
by the Planning Board, provided that such trailer shall be removed
by the developer prior to the issuance by the Borough of the last
Certificate of Occupancy.
9.
Trailers of contractors actively engaged in construction of
the development, in locations specifically approved by the Planning
Board, and provided that such trailers are removed when the related
construction activity is completed.
E.
Building Site Design Requirements.
1.
All buildings shall be setback at least 35 feet from Oceanport
Avenue, at least 30 feet from Eastview Avenue, and at least 25 feet
from all other perimeter boundaries of the portion of the overall
tract being developed, and no parking shall be permitted in these
setback areas.
2.
Buildings shall be separated by at least 20 feet, except that
buildings shall be separated side to side by at least 40 feet and
rear to rear by at least 35 feet.
3.
Non garaged parking spaces shall be no closer than 15 feet to
any building.
4.
No building shall exceed a length of 210 feet.
5.
No building shall exceed 40 feet and three stories in height
from existing grades, nor 35 feet and three stories in height from
proposed grades.
6.
Each townhouse unit shall have an attached two-car garage, which
shall not be permitted to be converted to living space, and this restriction
shall be included in the Homeowners' Association by-laws and the deeds
to the townhouse units.
7.
Buildings shall be designed with horizontal and vertical offsets
to create a visually attractive development, and shall be oriented
in clusters which relate to the tract's topography and natural features.
F.
Conservation Areas, Parks And Common Open Spaces.
1.
Lots 20.1, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37,
38, 39, 40, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54 & 55 in
Block 58, totaling approximately 9.7 acres or approximately 68% of
the total tract acreage, shall be offered for dedication to the Borough
of Little Silver for conservation/park purposes.
a.
The land area required to be offered for dedication to the Borough
shall include a paved parking area for 25 vehicles on an unencumbered
portion of the site along Eastview Avenue as approved by the Planning
Board and NJDEP.
b.
Additionally, the land area to be offered for dedication to
the Borough shall include a pathway network as approved by the Planning
Board and NJDEP, which pathway network shall connect to the adjacent
"Challenger Field" recreation area owned by the Borough.
2.
All common open space not offered to and/or not accepted by
the Borough of Little Silver shall be owned and maintained by a Homeowners'
Association as provided in N.J.S.A. 40:55D-43.
a.
All residents in the development shall be required to be members
of the association.
b.
The association shall be responsible for maintaining and repairing
all common elements within the residentially developed portion of
the tract, which elements shall be listed in any resolution of site
plan approval and which shall be set forth in the Homeowners' Association
document and the public offering statement, and shall be incorporated
by reference in the contract of sale and deed for each dwelling unit.
c.
Except as permitted by law, the association shall not be dissolved,
nor shall it dispose of any common open space by sale or otherwise.
G.
Off-Street Parking. Off-street parking requirements shall be governed
by the New Jersey Residential Site Improvement Standards (RSIS), as
follows:
H.
Signs.
1.
One free-standing permanent monument sign shall be permitted
at the entrance to the development along Eastview Avenue; the sign
shall not exceed 18 square feet in area, shall not exceed five feet
in height, and shall be setback at least five feet from the street
right-of-way.
2.
Temporary signs shall be permitted as may be specifically approved
by the Planning Board.
J.
Streetscape and Landscaping.
1.
All undeveloped portions of the tract shall be left in their
natural state or shall be landscaped as specifically approved by the
Planning Board.
2.
All landscaped areas, other than any surface water management
facility, shall be served by an automatic sprinkler system, and the
operation (including water) and maintenance of the system shall be
the sole responsibility, and at the sole expense, of the Homeowners'
Association.
3.
The developer shall install decorative sidewalks and lighting
along the residentially developed portions of Eastview Avenue and
Oceanport Avenue, consistent with the style of lighting and the paver
block pattern used along Prospect Avenue in the "B-1" Business Zone.
K.
Other Applicable Requirements.
1.
The entire tract of land shall be subject to a unified application
for development under the ownership (legal or beneficial) of one entity
or individual for purposes of obtaining all required approvals from
the Planning Board.
2.
The outdoor parking or storage of recreational facilities or
boats shall not be permitted anywhere within an Age-Restricted Affordable
Housing development.
3.
A Developer's Agreement shall be entered into between the Borough
and the developer to address any off-tract improvements required for
the proposed development.
L.
Prohibited Uses. Other principal, accessory or conditional uses not
expressly permitted in this section are prohibited, including the
cultivation, manufacture, warehousing, distribution and sale of recreational
marijuana, accessories and/or the paraphernalia that facilitates the
use of such.
[Added 6-14-2021 by Ord. No. 846-21]
[Added 9-10-2018 by Ord. No. 815-18]
B.
Accessory Uses Permitted.
1.
Conservation areas, public parks, and common open spaces.
2.
Off-street parking in accordance with the provisions of the
Borough Code.
3.
Signs in accordance with the provisions of the Borough Code.
4.
Balconies and patios.
5.
A sales/construction trailer as may be specifically approved
by the Planning Board, provided that such trailer shall be removed
by the developer prior to the issuance by the Borough of the last
Certificate of Occupancy.
6.
Trailers of contractors actively engaged in construction of
the development, in locations specifically approved by the Planning
Board, and provided that such trailers are removed when the related
construction activity is completed.
D.
Affordable Housing.
1.
Not less than 20% of dwelling units shall be restricted for
low and moderate income households.
2.
The affordable units shall not be segregated from the market
units in a separate building.
3.
Affordable housing units shall be restricted, regulated and
administered consistent with the Borough's affordable housing regulations,
the Uniform Housing Affordability Controls rules (N.J.A.C. 5:80-26.1
et seq.) and the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301
et seq.). This shall include but is not limited to income distribution,
bedroom distribution, and phasing.
E.
F.
Building Design Requirements.
1.
Non-garaged parking spaces shall be no closer than 15 feet to
any building.
2.
No building shall exceed a length of 210 feet.
4.
The front, sides and rear of the buildings shall be similarly
designed and finished with the same materials and similar architecture.
5.
Buildings shall be designed with horizontal and vertical offsets
to create a visually attractive development, and shall be oriented
in clusters which relate to the tract's topography and natural features.
6.
Building entrances shall face the public street which the building
is oriented. This shall include, but not be limited to the front door
of townhouse units and the lobby of multi-family units.
7.
Townhouse units shall be rear-loaded. As such, garages and driveways
shall not face a public street; they shall be located at the rear
of the unit with access provided via a private alley serving multiple
units.
8.
Flat roofs are prohibited.
H.
Signs.
1.
One free-standing permanent monument sign shall be permitted
at the entrance to the development; the sign shall not exceed 18 square
feet in area, shall not exceed five feet in height, and shall be setback
at least five feet from the street right-of-way.
2.
Temporary signs shall be permitted as may be specifically approved
by the Planning Board.
I.
Courtyards, Balconies, & Patios.
J.
Streetscape & Landscaping.
1.
All developed portions of the tract shall be left in their natural
state or shall be landscaped as specifically approved by the Planning
Board.
2.
All landscaped areas, other than any surface water management
facility, shall be served by an automatic sprinkler system, and the
operation (including water) and maintenance of the system shall be
the sole responsibility, and at the sole expense, of the Homeowner's
Association.
[Added 9-10-2018 by Ord. No. 816-18]
B.
Accessory Uses Permitted.
1.
Conservation areas, public parks, and common open spaces.
2.
Off-street parking, including structured parking, in accordance
with the provisions of the Borough Code.
3.
Signs in accordance with the provisions of the Borough Code.
4.
Balconies and patios.
5.
A sales/construction trailer as may be specifically approved
by the Planning Board, provided that such trailer shall be removed
by the developer prior to the issuance by the Borough of the last
Certificate of Occupancy.
6.
Trailers of contractors actively engaged in construction of
the development, in locations specifically approved by the Planning
Board, and provided that such trailers are removed when the related
construction activity is completed.
D.
Affordable Housing.
1.
Not less than 20% of dwelling units shall be restricted for
low and moderate income households.
2.
The affordable units shall not be segregated from the market
units in a separate building.
3.
Affordable housing units shall be restricted, regulated and
administered consistent with the Borough's affordable housing regulations,
the Uniform Housing Affordability Controls rules (N.J.A.C. 5:80-26.1
et seq.) and the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301
et seq.). This shall include but is not limited tow income distribution
bedroom distribution and phasing.
E.
F.
Building Design Requirements.
1.
Non-garaged parking spaces shall be no closer than 15 feet to
any building.
2.
No building shall exceed a length of 210 feet.
4.
The front, sides and rear of the buildings shall be similarly
designed and finished with the same materials and similar architecture.
5.
Not more than one access to/from structured parking shall be
directly accessible to the same public street.
6.
Structured parking shall be placed behind or shielded from public
view by wrapping the exterior of the building with multi-family or
other permitted uses. Where this may not be possible, the architectural
design for the facades of parking structures facing a public street
shall incorporate features such as articulated parapet walls, ornamental
projections, varied planter widths etc. to add visual interest and
improve the overall appearance of the structure as viewed from the
street.
7.
Structured parking shall be permitted one underground parking
level.
8.
Buildings shall be designed with horizontal and vertical offsets
to create a visually attractive development, and shall be oriented
in clusters which relate to the tract's topography and natural features.
9.
Building entrances shall face the public street which the building
is oriented. This shall include, but not be limited to the lobby of
multi-family units.
10.
Flat roofs are prohibited.
G.
Off-Street Parking.
1.
Off-street parking requirements shall be governed by the New
Jersey Residential Site Improvement Standards and the Borough Land
Use and Development Code, where applicable.
H.
Signs.
1.
One free-standing permanent monument sign shall be permitted
at the entrance to the development; the sign shall not exceed 18 square
feet in area, shall not exceed five feet in height, and shall be setback
at least five feet from the street right-of-way.
2.
Temporary signs shall be permitted as may be specifically approved
by the Planning Board.
I.
Courtyards, Balconies, & Patios.
1.
Courtyards, balconies, and patios may extend up to 10 feet into
any required side or rear yard setback area.
J.
Streetscape & Landscaping.
1.
All developed portions of the tract shall be left in their natural
state or shall be landscaped as specifically approved by the Planning
Board.
2.
All landscaped areas, other than any surface water management
facility, shall be served by an automatic sprinkler system, and the
operation (including water) and maintenance of the system shall be
the sole responsibility, and at the sole expense, of the Homeowner's
Association.
[Added 9-10-2018 by Ord. No. 817-18]
B.
Accessory Uses Permitted.
1.
Conservation areas, public parks, and common open spaces.
2.
Off-street parking in accordance with the provisions of the
Borough Code.
3.
Signs in accordance with the provisions of the Borough Code.
4.
Balconies and patios.
5.
A sales/construction trailer as may be specifically approved
by the Planning Board, provided that such trailer shall be removed
by the developer prior to the issuance by the Borough of the last
Certificate of Occupancy.
6.
Trailers of contractors actively engaged in construction of
the development, in locations specifically approved by the Planning
Board, and provided that such trailers are removed when the related
construction activity is completed.
D.
Affordable Housing.
1.
Not less than 20% of dwelling units shall be restricted for
low and moderate income households.
2.
The affordable units shall not be segregated from the market
units in a separate building.
3.
Affordable housing units shall be restricted, regulated, and
administered consistent with the Borough's affordable housing regulations,
the Uniform Housing Affordability Controls rules (N.J.A.C. 5:80-26.1
et seq.) and the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301
et seq.). This shall include but is not limited to income distribution,
bedroom distribution, and phasing.
E.
F.
Building Design Requirements.
1.
Non-garaged parking spaces shall be no closer than 15 feet to
any building.
2.
No building shall exceed a length of 210 feet.
4.
The front, sides and rear of the buildings shall be similarly
designed and finished with the same materials and similar architecture.
5.
Buildings shall be designed with horizontal and vertical offsets
to create a visually attractive development, and shall be oriented
in clusters which relate to the tract's topography and natural features.
6.
Building entrances shall face the public street which the building
is oriented. This shall include, but not be limited to the front door
of townhouse units and the lobby of multi-family units.
7.
Townhouse units shall be rear-loaded. As such, garages and driveways
shall not face a public street; they shall be located at the rear
of the unit with access provided via a private alley serving multiple
units.
8.
Flat roofs are prohibited.
H.
Signs.
1.
One free-standing permanent monument sign shall be permitted
at the entrance to the development; the sign shall not exceed 18 square
feet in area, shall not exceed five feet in height, and shall be setback
at least five feet from the street right-of-way.
2.
Temporary signs shall be permitted as may be specifically approved
by the Planning Board.
I.
Courtyards, Balconies, & Patios.
J.
Streetscape and Landscaping.
1.
All developed portions of the tract shall be left in their natural
state or shall be landscaped as specifically approved by the Planning
Board.
2.
All landscaped areas, other than any surface water management
facility, shall be served by an automatic sprinkler system, and the
operation (including water) and maintenance of the system shall be
the sole responsibility, and at the sole expense, of the Homeowner's
Association.
[Added 9-10-2018 by Ord. No. 818-18]
B.
Accessory Uses Permitted.
1.
Conservation areas public parks, and common open spaces.
2.
Off-street parking in accordance with the provisions of the
Borough Code.
3.
Signs in accordance with the provisions of the Borough Code.
4.
Balconies and patios.
5.
A sales/construction trailer as may be specifically approved
by the Planning Board, provided that such trailer shall be removed
by the developer prior to the issuance by the Borough of the last
Certificate of Occupancy.
6.
Trailers of contractors actively engaged in construction of
the developments, in locations specifically approved by the Planning
Board, and provided that such trailers are removed when the related
construction activity is completed.
D.
Affordable Housing.
1.
Not less than 20% of dwelling units shall be restricted for
low and moderate income households.
2.
The affordable units shall not be segregated from the market
units in a separate building.
3.
Affordable housing units shall be restricted, regulated and
administered consistent with the Borough's affordable housing regulations,
the Uniform Housing Affordability Controls rules (N.J.A.C. 5:80-26.1
et seq.) and the New Jersey Fair Housing Act (N.J.S.A. 52-27D-301
et seq.). This shall include but is not limited to income distribution,
bedroom distribution, and phasing.
E.
F.
Building Design Requirements.
1.
Non-garaged parking spaces shall be no closer than 15 feet to
any building.
2.
No building shall exceed a length of 210 feet.
4.
The front, sides and rear of the buildings shall be similarly
designed and finished with the same materials and similar architecture.
5.
Buildings shall be designed with horizontal and vertical offsets
to create a visually attractive development, and shall be oriented
in clusters which relate to the tract's topography and natural features.
6.
Building entrances shall face the public street which the building
is oriented. This shall include, but not be limited to the front door
of townhouse units and the lobby of multifamily units.
7.
Townhouse units shall be rear-loaded. As such, garages and driveways
shall not face a public street; they shall be located at the rear
of the unit with access provided via a private alley serving multiple
units.
8.
Flat roofs are prohibited.
H.
Signs.
1.
One free-standing permanent monument sign shall be permitted
at the entrance to the development; the sign shall not exceed 18 square
feet in area, shall not exceed five feet in height, and shall be setback
at least five feet from the street right-of-way.
2.
Temporary signs shall be permitted as may be specifically approved
by the Planning Board.
I.
Courtyards, Balconies, and Patios.
J.
Streetscape and Landscaping.
1.
All developed portions of the tract shall be left in their natural
state or shall be landscaped as specifically approved by the Planning
Board.
2.
All landscaped areas, other than any surface water management
facility, shall be served by an automatic sprinkler system, and the
operation (including water) and maintenance of the system shall be
the sole responsibility, and at the sole expense, of the Homeowner's
Association.
[Added 9-10-2018 by Ord. No. 819-18]
B.
Accessory Uses Permitted.
1.
Conservation areas, public parks, and common open spaces.
2.
Off-street parking in accordance with the provisions of the
Borough Code.
3.
Signs in accordance with the provisions of the Borough Code.
4.
Balconies and patios.
5.
A sales/construction trailer as may be specifically approved
by the Planning Board, provided that such trailer shall be removed
by the developer prior to the issuance by the Borough of the last
Certificate of Occupancy.
6.
Trailers of contractors actively engaged in construction of
the development, in locations specifically approved by the Planning
Board, and provided that such trailers are removed when the related
construction activity is completed.
D.
Affordable Housing.
1.
Not less than 20% of dwelling units shall be restricted for
low and moderate income households.
2.
The affordable units shall not be segregated from the market
units in a separate building.
3.
Affordable housing units shall be restricted, regulated and
administered consistent with the Borough's affordable housing regulations,
the Uniform Housing Affordability Controls rules (N.J.A.C. 5:80-26.1
et seq.) and the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301
et seq.). This shall include but is not limited to income distribution,
bedroom distribution, and phasing.
E.
F.
Building Design Requirements.
1.
Non-garaged parking spaces shall be no closer than 15 feet to
any building.
2.
No building shall exceed a length of 210 feet.
4.
The front, sides and rear of the buildings shall be similarly
designed and finished with the same materials and similar architecture.
5.
Buildings shall be designed with horizontal and vertical offsets
to create a visually attractive development, and shall be oriented
in clusters which relate to the tract's topography and natural features.
6.
Building entrances shall face the public street which the building
is oriented. This shall include, but not be limited to the front door
of townhouse units and the lobby of multi-family units.
7.
Townhouse units shall be rear-loaded. As such, garages and driveways
shall not face a public street; they shall be located at the rear
of the unit with access provided via a private alley serving multiple
units.
8.
Flat roofs are prohibited.
H.
Signs.
1.
One free-standing permanent monument sign shall be permitted
at the entrance to the development; the sign shall not exceed 18 square
feet in area, shall not exceed five feet in height, and shall be setback
at least five feet from the street right-of-way.
2.
Temporary signs shall be permitted as may be specifically approved
by the Planning Board.
I.
Courtyards, Balconies, and Patios.
J.
Streetscape and Landscaping.
1.
All developed portions of the tract shall be left in their natural
state or shall be landscaped as specifically approved by the Planning
Board.
2.
All landscaped areas, other than any surface water management
facility, shall be served by an automatic sprinkler system, and the
operation (including water) and maintenance of the system shall be
the sole responsibility, and at the sole expense, of the Homeowner's
Association.
[Added 9-10-2018 by Ord. No. 820-18]
B.
Accessory Uses Permitted.
1.
Conservation areas, public parks, and common open spaces.
2.
Off-street parking in accordance with the provisions of the
Borough Code.
3.
Signs in accordance with the provisions of the Borough Code.
4.
Balconies and patios.
5.
A sales/construction trailer as may be specifically approved
by the Planning Board, provided that such trailer shall be removed
by the developer prior to the issuance by the Borough of the last
Certificate of Occupancy.
6.
Trailers of contractors actively engaged in construction of
the development, in locations specifically approved by the Planning
Board, and provided that such trailers are removed when the related
construction activity is completed.
D.
Affordable Housing.
1.
Not less than 20% of dwelling units shall be restricted for
low and moderate income households.
2.
The affordable units shall not be segregated from the market
units in a separate building.
3.
Affordable housing units shall be restricted, regulated and
administered consistent with the Borough's affordable housing regulations,
the Uniform Housing Affordability Controls rules (N.J.A.C. 5:80-26.1
et seq.) and the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301
et seq.). This shall include but is not limited to income distribution,
bedroom distribution, and phasing.
E.
F.
Building Design Requirements.
1.
Non-garaged parking spaces shall be no closer than 15 feet to
any building.
2.
No building shall exceed a length of 210 feet.
4.
The front, sides and rear of the buildings shall be similarly
designed and finished with the same materials and similar architecture.
5.
Buildings shall be designed with horizontal and vertical offsets
to create a visually attractive development, and shall be oriented
in clusters which relate to the tract's topography and natural features.
6.
Building entrances shall face the public street which the building
is oriented. This shall include, but not be limited to the front door
of townhouse units and the lobby of multi-family units.
7.
Townhouse units shall be rear-loaded. As such, garages and driveways
shall not face a public street; they shall be located at the rear
of the unit with access provided via a private alley serving multiple
units.
8.
Flat roofs are prohibited.
H.
Signs.
1.
One free-standing permanent monument sign shall be permitted
at the entrance to the development; the sign shall not exceed 18 square
feet in area, shall not exceed five feet in height, and shall be setback
at least five feet from the street right-of-way.
2.
Temporary signs shall be permitted as may be specifically approved
by the Planning Board.
I.
Courtyards, Balconies, and Patios.
J.
Streetscape and Landscaping.
1.
All developed portions of the tract shall be left in their natural
state or shall be landscaped as specifically approved by the Planning
Board.
2.
All landscaped areas, other than any surface water management
facility, shall be served by an automatic sprinkler system, and the
operation (including water) and maintenance of the system shall be
the sole responsibility, and at the sole expense, of the Homeowner's
Association.
[Added 9-10-2018 by Ord. No. 821-18]
B.
Accessory Uses Permitted.
1.
Conservation areas, public parks, and common open spaces.
2.
Off-street parking in accordance with the provisions of the
Borough Code.
3.
Signs in accordance with the provisions of the Borough Code.
4.
Balconies and patios.
5.
A sales/construction trailer as may be specifically approved
by the Planning Board, provided that such trailer shall be removed
by the developer prior to the issuance by the Borough of the last
Certificate of Occupancy.
6.
Trailers of contractors actively engaged in construction of
the development, in locations specifically approved by the Planning
Board, and provided that such trailers are removed when the related
construction activity is completed.
D.
Affordable Housing.
1.
Not less than 20% of dwelling units shall be restricted for
low and moderate income households.
2.
The affordable units shall not be segregated from the market
units in a separate building.
3.
Affordable housing units shall be restricted, regulated and
administered consistent with the Borough's affordable housing regulations,
the Uniform Housing Affordability Controls rules (N.J.A.C. 5:80-26.1
et seq.) and the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301
et seq.). This shall include but is not limited to income distribution,
bedroom distribution, and phasing.
E.
F.
Building Design Requirements.
1.
Non-garaged parking spaces shall be no closer than 15 feet to
any building.
2.
No building shall exceed a length of 210 feet.
4.
The front, sides and rear of the buildings shall be similarly
designed and finished with the same materials and similar architecture.
5.
Buildings shall be designed with horizontal and vertical offsets
to create a visually attractive development, and shall be oriented
in clusters which relate to the tract's topography and natural features.
6.
Building entrances shall face the public street which the building
is oriented. This shall include, but not be limited to the front door
of townhouse units and the lobby of multi-family units.
7.
Townhouse units shall be rear-loaded. As such, garages and driveways
shall not face a public street; they shall be located at the rear
of the unit with access provided via a private alley serving multiple
units.
8.
Flat roofs are prohibited.
H.
Signs.
1.
One free-standing permanent monument sign shall be permitted
at the entrance to the development; the sign shall not exceed 18 square
feet in area, shall not exceed five feet in height, and shall be setback
at least five feet from the street right-of-way.
2.
Temporary signs shall be permitted as may be specifically approved
by the Planning Board.
I.
Courtyards, Balconies, and Patios.
J.
Streetscape and Landscaping.
1.
All developed portions of the tract shall be left in their natural
state or shall be landscaped as specifically approved by the Planning
Board.
2.
All landscaped areas, other than any surface water management
facility, shall be served by an automatic sprinkler system, and the
operation (including water) and maintenance of the system shall be
the sole responsibility, and at the sole expense, of the Homeowner's
Association.
[Added 9-10-2018 by Ord. No. 812-18; amended 12-5-2022 by Ord. No. 862-22]
A.
Accessory apartments shall be permitted in the R-1, R-1A, and R-2
zones (lots with frontage on Rumson Road only), and the B-1 zone (lots
with frontage on Church Street only), provided the units are reserved
for very-low-, low-, and moderate-income households.
B.
Accessory apartments shall comply with all applicable statutes and
regulations of the State of New Jersey in addition to all building
codes.
C.
At the time of initial occupancy of the unit and for at least 10
years thereafter, the accessory apartment shall be rented only to
a household which is either a very-low-, low-, or moderate-income
household.
D.
Accessory apartment units shall be restricted to very-low-, low-
or moderate-income units. Accessory apartment units shall be restricted,
regulated and administered consistent with the Borough's affordable
housing regulations, the Uniform Housing Affordability Controls rules
(N.J.A.C. 5:80-26.1 et seq.) and the New Jersey Fair Housing Act (N.J.S.A.
52:27D-301 et seq.).
E.
There shall be a recorded deed or declaration of covenants and restrictions
applied to the property upon which the accessory apartment is located
running with the land and limiting its subsequent rental or sale of
the unit and the accessory apartment.
F.
The appropriate utility authority must certify that there is water
and sewer infrastructure with sufficient capacity to serve the proposed
accessory apartment. Where the proposed location is served by an individual
well and/or septic system, the additional capacity necessitated by
the new unit must meet the appropriate NJDEP standards.
G.
The Borough of Little Silver accessory apartment program shall not
restrict the number of bedrooms in any accessory apartment.
H.
No accessory apartment created as a result of this Article or these
regulations shall exceed the gross floor area of the existing principal
dwelling on the lot.
I.
An annual license and inspection fee, if required, shall be paid
by unit owners.
J.
The Borough of Little Silver shall designate an administrative entity
to administer the accessory apartment program that shall have the
following responsibilities:
1.
The Administrative Agent shall administer the accessory apartment
program, including advertising, income qualifying prospective renters,
setting rents and annual rent increases, maintaining a waiting list,
distributing the subsidy, securing certificates of occupancy, qualifying
properties, handling application forms, filing deed restrictions and
monitoring reports and affirmatively marketing the affordable accessory
apartment program in accordance with the UHAC.
2.
The administrative entity shall only deny an application for
an accessory apartment if the project is not in conformance with COAH's
requirements and/or the provisions of this section/Article. All denials
shall be in writing with the reasons clearly stated.
3.
In accordance with COAH requirements, the Borough of Little
Silver shall provide at least $70,000 per unit to subsidize the creation
of each very-low-income accessory apartment, $60,000 per unit to subsidize
the creation of each low-income accessory apartment, or $50,000 per
unit to subsidize the creation of each moderate-income accessory apartment.
Subsidy may be used to fund actual construction costs and/or to provide
compensation for reduced rental rates.
[Amended 12-5-2022 by Ord. No. 862-22]
4.
The Borough's accessory apartment program will subsidize the
development of 10 total affordable accessory apartment units. At least
two units will be very-low-income, three units low-income, and five
units moderate-income.
K.
Property owners wishing to apply to create an accessory apartment
shall submit to the administrative entity:
1.
A sketch of floor plan(s) showing the location, size and relationship
of both the accessory apartment and the primary dwelling within the
building or in another structure;
2.
Rough elevations showing the modifications of any exterior building
facade to which changes are proposed; and
3.
A site development sketch showing the location of the existing
dwelling and other existing buildings; all property lines; proposed
addition, if any, along with the minimum building setback lines; the
required parking spaces for both dwelling units; and any manmade conditions
which might affect construction.
L.
In accordance with the recommendations of the Court and the Court-appointed
Master, the Borough reserves the right to revisit this subsection
from time to time, and to make appropriate adjustments to enhance
the effectiveness of the Borough's Accessory Apartment Program.
[Added 12-5-2022 by Ord. No. 862-22]
