Township of Mount Olive, NJ Zoning

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.

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.

Editor's Note: Original Subsection C, concerning where a zoning district line divides a lot, of the 1990 Code, was repealed 10-5-2010 by Ord. No. 23-2010, which ordinance also redesignated original Subsections D through G as Subsections C through F, respectively.

Prohibited uses. All uses not expressly permitted in this chapter are prohibited, specifically but not limited to solid waste facilities, which are not permitted within any zone district hereafter referred to.

Vacating a street or other public way. Where a street or public way serves as the zoning district line and it is lawfully vacated, the former center line shall be considered the zoning district line.

Zoning districts and map. The zoning districts and the Combe Fill Redevelopment Overlay Zone shall be as shown on the map prepared by Van Cleef Engineering, as revised and as enumerated in the Schedule of Limitations, both made part of this chapter.[2]

[Amended 10-1-2019 by Ord. No. 19-2019]

Editor's Note: The Zoning Map is on file in the Township offices. The Schedule of Limitations is included as an attachment to this chapter.

§ 550-79 Accessory buildings or structures.

[Amended 1-28-2003 by Ord. No. 7-2003]

Any accessory building or structure attached to a principal building is part of the principal building and shall adhere to the yard requirements for the principal building. No building permit shall be issued for an accessory building or structure prior to the issuance of a building permit for the principal building, and construction of the principal building shall precede and coincide with the construction of the accessory building or structure; otherwise, the building permit for the accessory building or structure may be revoked. The accessory building or structure shall be compatible in appearance with the area in which it is located.

§ 550-80 Adult entertainment.

[Amended 4-11-1995 by Ord. No. 8-95]

Definitions. As used in this section, the following terms shall have the meanings indicated:

ADULT ENTERTAINMENT

A commercial establishment which as one of its principal business purposes offers for sale, rental or display any of the following: books, magazines, periodicals or other printed material or photographs, films, motion pictures, video cassettes, slides or other visual representations which depict or describe a specified sexual activity or specified anatomical area or still or motion picture machines, projectors or other image producing devices which show images to one person per machine at any one time and where the images so displayed are characterized by the depiction of a specified sexual activity or specified anatomical area or instruments, devices or paraphernalia which are designed for use in connection with a specified sexual activity;

A commercial establishment which regularly features waiters, waitresses, dancers or other live performances characterized by the exposure of a specified anatomical area or by a specified sexual activity or which shows films, motion pictures, video cassettes, slides or other photographic representations which depict or describe a specified sexual activity or specified anatomical area; or

SPECIFIED ANATOMICAL AREA

A hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration and which provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides or other visual representations which depict or describe a specified sexual activity or specified anatomical area and has a sign visible from a public right-of-way which advertises the availability of these visual representations or offers a sleeping room for rent for a period of time that is less than 10 hours or allows an occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.

PERSON

An individual, proprietorship, partnership, corporation, association or other legal entity.

Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola; or

SPECIFIED SEXUAL ACTIVITY

Human male genital in a discernibly turgid state, even if covered.

The fondling or other erotic touching of covered or uncovered human genital, pubic region, buttock or female breast; or

Any actual or simulated act of human masturbation, sexual intercourse or deviate sexual intercourse.

Restrictions.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

No person shall operate adult entertainment facilities, except in the C-1 Zone and only then if the facilities are not less than 1,000 feet from another adult entertainment facility or any church, synagogue, temple or other place of public worship or of any elementary or secondary school or any school bus stop or any municipal or county playground or place of public resort and recreation or within 1,000 feet of any lands zoned for residential use or within 1,000 feet of a public or private recreational facility, including but not limited to bowling alleys, skating rinks, pool parlors, video arcades or similar enterprises catering to or frequently attended by minors under the age of 18 years.

Every adult entertainment facility shall be surrounded by a perimeter buffer of at least 50 feet in width, consisting of plantings to the satisfaction of the municipal Planning Board. This subsection shall not apply to a adult entertainment facility already lawfully operating on the effective date of this section.

No adult entertainment facility which regularly shows films, motion pictures, video cassettes, slides or other photographic representations which depict or describe a specified sexual activity or specified anatomical area shall offer for public use any private booths, screens, enclosures or other devices which facilitate sexual activity by patrons.

An adult entertainment facility shall display one exterior sign giving notice that the premises are off limits to minors.

Violations and penalties. Any person, firm or corporation violating any of the provisions of this section shall be subject to one or more of the following. Each day of operation shall constitute a separate violation. Penalties include imprisonment in the county jail or in any other place provided by the municipality for the detention of prisoners for any term not exceeding 90 days or by a fine not exceeding $1,000 or by a period of community service not exceeding 90 days, to become effective on the effective date of this section.

§ 550-81 (Reserved) [1]

Editor's Note: Former § 550-81, Apartments and townhouses, of the 2015 Code, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 550-82 Fences and walls.

Fences and walls shall not be located in any required sight triangle.

Height and construction requirements; definition.

[Amended 3-23-1999 by Ord. No. 7-99; 10-23-2007 by Ord. No. 42-2007]

No fence or wall shall be erected, altered or constructed in any residential zone which shall exceed six feet in height above ground level, except as otherwise provided by ordinance; no closed type or chain-link fence shall be erected within the front yard setback; all such fences or walls shall be located within the boundary lines of the premises intended to be fenced or walled. Ornamental fencing, such as wrought iron, open picket or post and rail, may be permitted within the front yard setback. For preexisting nonconforming dwellings in a residential district, a fence or wall no greater than six feet in height may be constructed or maintained at a point no closer to the front lot line than the front foundation wall of the principal building. In the case of corner lots or through lots, the front yard may be designated as that area situate in front of the house and the other street frontage(s) may be designated as a side yard(s) for purposes of locating fencing. Subject to requirements for sight triangle easement as set forth in § 550-62 of this chapter, closed type fencing may be permitted in the side yard(s) as designated for corner and through lots.

[Amended 4-28-2009 by Ord. No. 8-2009; 2-28-2017 by Ord. No. 6-2017; 11-24-2020 by Ord. No. 24-2020]

No fence or wall shall be erected, altered or constructed in any nonresidential zone which shall exceed six feet in height above ground level.

Notwithstanding the above provisions, if it is demonstrated that a retaining wall of a height greater than six feet is necessary, said retaining wall shall be terraced in four-foot increments and the horizontal distance between walls shall be a minimum distance of 10 feet.

Plantings shall be provided between terraced walls which will not impair the integrity of the walls.

All retaining walls in excess of six feet shall be properly designed by a licensed professional engineer in the State of New Jersey and shall include proper drainage behind the walls. All retaining walls should be installed beyond the limits of the municipal right-of-way.

The height restriction listed above shall not prohibit the erection or location of a fence surrounding a tennis court or courts up to a height of 10 feet above ground level. Moreover, fences around public or semipublic recreational facilities, including tennis courts, may be permitted to exceed 10 feet in height, at the discretion of the Township Planning Board, when required for either the safety, health or general welfare of the community or the reasonable use of such facilities.

The finished side of a fence shall face adjoining properties. Fence posts that are unfinished, and any other structural component of the fence, shall be installed facing the subject property rather than an adjoining property.

The provisions of § 550-62 of this chapter concerning visibility at intersections shall be complied with in regard to fences and walls.

A "closed-type fence or wall" shall mean any fence or wall with open space between members of less than 45% of the width of the members.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Postholes for fences shall be dug below the frost level, not less than 30 inches deep, as approved by the Township Construction Official.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Notwithstanding the restrictions contained above, a through lot, as defined in § 550-54D of this chapter, shall be permitted a closed-type fence or wall no greater than six feet in height along that portion of the lot having frontage upon a collector or arterial road as designated in the Circulation Element of the Township's Master Plan.

In-ground swimming pool enclosures.

Every in-ground swimming pool, except as herein otherwise provided, shall be completely surrounded by a fence or wall not less than four feet in height above ground level, which shall be so constructed that it shall not have openings, holes or gaps larger than four inches in any dimension, except for doors and gates; and if a picket fence is erected or maintained, the horizontal dimension shall not exceed four inches. Said fence or wall shall be constructed a distance of at least three feet from the outside edge of the swimming pool. A dwelling house or accessory building may be used as part of such enclosure. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms part of the enclosure need not be so equipped. Said enclosure and any gate or door thereof shall be so designed and constructed as to reasonably prevent any person from gaining access under the same to the pool and shall be kept securely locked at all times when the pool is not in use. All in-ground pools covered by the provisions of this chapter shall be provided with an enclosing fence or wall and gate as required herein within 90 days of the date of final adoption of this chapter.

Notwithstanding anything contained in this chapter to the contrary, this chapter shall not apply to any in-ground pool which is no closer than 250 feet to any boundary line.

Aboveground swimming pool enclosures.

Every person who owns or is in possession of any premises on which there is situated an aboveground swimming pool or wading pool (herein referred to as a "pool"), any portion of which is 24 inches deep or more, shall install and maintain on the lot or premises and completely surrounding such pool or body of water a permanent fence of durable material at least four feet in height which shall be so constructed as to comply with Subsection B.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

All doors or gates used in conjunction with the fence shall meet the same specifications as the fence itself and shall be of such size as to completely fill any opening in the fence.

All doors or gates shall be equipped with self-closing and self-latching devices and shall be kept closed and securely latched at all times when the pool is not in use.

Nothing in this chapter shall apply to aboveground pools having sides extending four feet or more above grade, provided that the stairs or other means of access to the pool are removed when not in use or are effectively closed with a gate, as provided above, which shall be closed and securely latched when such pool is not in use.

All other aboveground pools greater than 18 inches deep, unless enclosed by a fence of the type and dimensions hereinabove specified, shall be either emptied when not in use or attended or covered with a suitable strong protective covering, securely fastened or locked in place when not in use or attended and strong enough to hold a child of 100 pounds' weight.

The provisions of this chapter shall apply to private aboveground swimming pools now existing and to private aboveground swimming pools hereafter constructed; provided, however, that as to private swimming pools now existing and not enclosed by a fence, there is hereby established a period of 90 days from the effective date hereof within which to construct such fence.

Notwithstanding anything contained in this chapter to the contrary, this chapter shall not apply to any of the following:

Ponds, lakes, streams, rivers and all other natural bodies of water.

Any structure or containers of water or ponds, lakes, streams or rivers used for commercial agricultural purposes or the raising of livestock.

Aboveground pools which are no closer than 250 feet to any boundary line.

Use of existing fences or walls. With the exception of fences or walls surrounding in-ground swimming pools, any fence or wall existing at the time of passage of this chapter, which may be in violation of the chapter in respect only to the height and type of fence or wall, may be permitted to be continued.

Violations and penalties. Any person, persons, firm, firms or corporation violating the provisions of this section shall, upon conviction thereof, be subject to a penalty as provided in § 550-3; and each day that a violation is permitted to exist shall constitute a separate offense.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 550-83 Height.

[Amended 3-23-1999 by Ord. No. 7-99; 11-9-2004 by Ord. No. 34-2004]

Mechanical equipment and structures housing such mechanical equipment shall be permitted to extend above maximum heights set forth in this chapter. The height for any structure housing mechanical equipment shall not exceed that which is necessary to serve the intended purpose as established on plans containing all pertinent details prepared by a licensed engineer pursuant to a development application or a zoning permit application as provided for in this chapter. The approving authority may require a parapet or other like screening device to screen the audio and visual impacts resulting from mechanical equipment situate on the roof of a building or structure. Where a parapet or similar structural device is required by the approving authority, it shall extend to a height no greater than 20% of the applicable maximum height of the principal structure or building set, forth in this chapter. Freestanding structures which are accessory to the principal permitted use, such as silos, windmills, water storage tanks and flagpoles, shall be permitted to exceed the height limits of the chapter, provided that the structure is not located in the required front yard and is set back from all property lines a minimum of the height of the structures. Telecommunications towers and/or antennas shall be subject to the standards contained in Article VII, § 550-101 of this chapter.

§ 550-84 Stream corridor buffers. [1]

[Added 12-20-2000 by Ord. No. 49-2000]

Statement of purpose. The purpose of this section is to protect property from flooding; to reduce land development impacts on stream water quality and flows; to protect existing natural drainage features; to protect other's rights within the same watershed from adverse effects of improper stream corridor development; and to provide recreation and wildlife migration corridors.

Stream corridor buffers. All residential and nonresidential subdivisions, including minor subdivisions, and all site plans, both residential and nonresidential, shall provide for a stream corridor buffer as part of the development scheme. Stream corridor buffers shall have a width of 100 feet on each side of all stream corridors, and no building or structure, including driveways or parking areas, whether pervious or impervious, shall be erected within any stream corridor or stream corridor buffer. No septic system shall be located within any stream corridor, or stream corridor buffer, and in no case closer than 100 feet of the top of bank of any stream.

Information required. The following information shall be supplied for any development within a stream corridor and buffer. Such information shall be in addition to information required for site plan or subdivision review.

Delineation of buffers and stream corridors as defined in § 550-5 of this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

A plan indicating the disposition of any materials proposed to be deposited or removed by the grading or regrading of land.

A demonstration of how suitable techniques, including erosion and soil stabilization measures, sediment traps and nutrient control by vegetation filters or other mechanisms will be incorporated to protect the stream.

Vegetation requirements. Where the lands proposed for development include a portion of the stream corridor, a condition of any major subdivision or major site plan approval shall be the vegetation or revegetation of any portions of the required stream corridor buffer which are not vegetated at the time of the application or which were disturbed by prior land uses, such as agriculture. The Planning Board shall approve a vegetation plan, which utilizes native tree and plant species.

Drainage and conservation easements. The drainage and conservation easement requirements of this chapter shall be followed in addition to the requirements for stream corridor buffers.

Permitted activities. The Planning Board may permit the following activities within the stream buffer area, subject to review and approval.

[Amended 10-28-2014 by Ord. No. 22-2014]

Recreational use, whether open to the public or restricted to private membership, which is specifically related to the stream corridor and is water dependent.

Dams, culverts and bridges that have received approval from the appropriate municipal, county and state agencies having such authority.

Waivers. The Planning Board may waive the stream corridor buffer requirements of this section if the Board has jurisdiction with respect to site plan, subdivision or bulk variance review and approval. Said waiver(s) must demonstrate good cause, such as, but not limited to, permit additions to existing buildings or structures which are located within the stream corridor or buffer. Waivers granted under this subsection shall be subject to other requirements of this chapter or those of the Morris County Soil Conservation District or the New Jersey Department of Environmental Protection with regard to flood hazard controls, soil erosion control measures, stream encroachment and freshwater wetlands regulations.

[Amended 10-28-2014 by Ord. No. 22-2014]

ASSISTED LIVING RESIDENCE

Editor's Note: Original § 400-83, Historic preservation districts, of the 1990 Code, was repealed 3-23-1999 by Ord. No. 7-99.

§ 550-85 Lot area.

Where there are two or more contiguous lots under the same ownership, regardless of whether or not each may have been approved as a subdivision, acquired by separate conveyance or by other operation of law, and one or more of said lots should not conform to the area and/or dimension requirements for the zone in which it is located, the contiguous lots shall be considered as a single lot and the provisions of this chapter shall apply.

Whenever land is dedicated or conveyed to the municipality by the owner of a lot existing at the effective date of this chapter or in the future and such dedication or conveyance was done in order to meet the minimum street width requirements or to implement the Official Map or Master Plan, the Zoning Officer shall not withhold a building and/or occupancy permit when lot depth and/or area was rendered substandard due to such dedication and where the owner has no adjacent lands to meet the minimum requirements.

A single-family residential lot created after the adoption of this subsection shall contain at least 75% of noncritical contiguous land area with direct access to an existing or proposed street. Land area classified as critical shall be in accordance with § 550-39 of this chapter. The approving authority shall reserve the right to permit a stormwater basin(s) and/or related appurtenances within a residential lot; however, said structures shall not be located within the applicable building envelope.

[Added 11-9-2004 by Ord. No. 34-2004]

§ 550-86 Affordable housing.

[Amended 5-25-1995 by Ord. No. 11-95; 5-9-1006 by Ord. No. 16-2006; 6-26-2007 by Ord. No. 27-2007; 10-28-2014 by Ord. No. 22-2014; 2-13-2018 by Ord. No. 4-2018]

Definitions. The following words and terms, when used in this section, shall have the following meanings:

95/5 UNIT

A restricted ownership unit that is part of a housing element that received substantive certification from COAH pursuant to N.J.A.C. 5:93 before October 1, 2001.

ADMINISTRATIVE AGENT

The entity responsible for administering the affordability controls of this section with respect to specific restricted units, as designated pursuant to N.J.A.C. 5:80-26.14.

AFFORDABILITY AVERAGE

An average of the percentage of median income at which restricted units in an affordable development are affordable to low- and moderate-income households.

AFFORDABLE

In the case of an ownership unit, the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6 and, in the case of a rental unit, the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12.

AFFORDABLE DEVELOPMENT

A housing development, all or a portion of which consists of restricted units.

AGE-RESTRICTED UNIT

A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population where the head of the household is a minimum age of either 62 years, or 55 years and meets the provisions of 42 U.S.C. § 3601 et seq., except that due to death, a remaining spouse of less than 55 years of age shall be permitted to continue to reside.

AGENCY

The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.) and in, but not of, the DCA.

A facility licensed by the New Jersey Department of Health 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 offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

BALANCED HOUSING

The Neighborhood Preservation Balanced Housing Program of the DCA as set forth at N.J.S.A. 52:27D-320 and N.J.A.C. 5:43.

CERTIFIED HOUSEHOLD

A household that has been certified by an administrative agent as a low-income household or moderate-income household.

COAH

The Council on Affordable Housing in, but not of, the DCA, established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).

DCA

The State of New Jersey Department of Community Affairs.

FAIR SHARE ROUND

Any one of three periods in time during which the Council established municipal obligations to provide affordable housing, and the first round was from 1987 to 1993 and the second period was from 1993 to 1997 and the third is for 1999 to 2025.

HAS

The Housing Affordability Service, formerly known as the "Affordable Housing Management Service," in the Department of Community Affairs, Division of Housing.

INCLUSIONARY DEVELOPMENT

A development containing both affordable units and market rate units. This term includes, but is not limited to: new construction, the conversion of a nonresidential building or structure to residential use, in whole or in part, and the creation of new affordable units through the gut rehabilitation or reconstruction of a vacant residential building or structure.

LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 50% or less of the median income.

LOW-INCOME UNIT

A restricted unit that is affordable to a low-income household.

MEDIAN INCOME

The median income by household size for an applicable county, as adopted annually by COAH or by HUD as approved by New Jersey Superior Court.

MODERATE-INCOME HOUSEHOLD

A household with a total gross annual household income in excess of 50% but less than 80% of the median income.

MODERATE-INCOME UNIT

A restricted unit that is affordable to a moderate-income household.

MONI

The Agency's Market Oriented Neighborhood Investment Program, as it may be authorized from time to time by the Agency.

MUNICIPAL HOUSING LIAISON

The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Township of Mount Olive.

NONEXEMPT SALE

Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a class A beneficiary; and the transfer of ownership by court order.

RANDOM SELECTION PROCESS

A process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).

REGIONAL ASSET LIMIT

The maximum housing value affordable to a four-person household with an income at or above 80% of the regional median as defined by the Council's annually adopted income limits.

RENT

The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.

RESTRICTED UNIT

A dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, but does not include a market-rate unit financed under UHORP or MONI.

SETTLEMENT AGREEMENT

Agreement approved on July 20, 2017, between the Township of Mount Olive and the Fair Share Housing Center re: In the Matter of the Township of Mount Olive, County of Morris, Docket No. MRS-L-1634-15.

UHORP

The Agency's Urban Homeownership Recovery Program.

VERY-LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 30% or less of the regional median household income by household size.

VERY-LOW-INCOME UNIT

A restricted unit that is affordable to a very-low-income household.

Municipal fair share obligation. As set forth in the settlement agreement, the fair share obligation in the Township consists of a 139-unit rehabilitation obligation, a forty-five-unit prior round obligation, and a prospective need of 634 units.

Compliance with settlement agreement. The Township shall comply with the terms and conditions as set forth in the settlement agreement (In the Matter of the Township of Mount Olive, County of Morris, Docket No. MRS-L-1634-15) dated July 20, 2017, between the Township and the Fair Share Housing Center.

Minimum standards. The following shall be the minimal standards that apply to any developments that contain proposed low-, very low-, and moderate-income units, and any future developments that may occur, including any low-, very low-, and moderate-income units built as a result of the development of affordable units within the Township's R-6, R-7 and FTZ-4 Inclusionary Housing Zone Districts or resulting from any administrative agency approval containing affordable housing units. All units shall include the required bedroom distribution and be governed by controls on affordability and affirmatively marketed in conformance with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq., or any successor regulation.

Construction phasing for affordable housing. All development containing affordable housing shall be developed in accordance with the following schedule:

Percentage of Market-Rate Units Completed	Minimum Percentage of Low- and Moderate-Income Units Completed
25	0
25+1	10
50	50
75	75
90	100

Bedroom distribution of affordable housing units. All development containing affordable housing shall be developed in accordance with the following unit type distribution:

The fair share obligation shall be divided equally between low- and moderate-income households.

In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be low-income units.

Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands, such that:

The combined number of efficiency and one-bedroom units is no greater than 20% of the total low- and moderate-income units;

At least 30% of all low- and moderate-income units are two-bedroom units;

At least 20% of all low- and moderate-income units are three-bedroom units; and

The remainder may be allocated at the discretion of the developer.

Age-restricted low- and moderate-income units may utilize a modified bedroom distribution and, at a minimum, the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the affordable development.

Accessible townhouse units. Ten percent of all affordable townhouse units shall be accessible pursuant to N.J.A.C. 5:23-7.1, Barrier Free Subcode.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Design standards. Affordable units shall be designed to include all amenities, facade treatments and living area found in comparable market-rate units located within the same development. In the event a development contains both age-restricted units and low- and moderate-income family units, the developer may provide separate recreational facilities for the low- and moderate-income units in accordance with the standards set forth in this chapter.

Maximum rents and sales prices. All affordable units shall comply with the following standards:

The Township hereby establishes that the maximum rent for affordable units within each affordable development shall be affordable to households earning no more than 60% of median income and the average rent for low- and moderate-income units shall be affordable to households earning no more than 52% of median income.

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 13% of affordable units in such projects shall be required to be at 30% of median income.

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 and, in achieving this affordability average, moderate-income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type.

The provisions of this section shall not apply to affordable developments financed under UHORP or MONI or to assisted living residences, which shall comply with applicable Agency policies, guidelines and regulations.

Utilities.

Affordable units shall utilize the same type of heating source as market units within the affordable development.

Those tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance approved by DCA for its Section 8 program.

Occupancy standards. Occupancy standards for affordable housing units are pursuant to N.J.A.C. 5:80-26.4.

Control periods for ownership and rental units and enforcement mechanisms.

Control periods for ownership units are pursuant to N.J.A.C. 5:80-26.5 and each restricted ownership unit shall remain subject to the requirements of this section until the Township elects to release the unit from such requirements pursuant to action taken in compliance with N.J.A.C. 5:80-26.1 et seq., and prior to such an election, a restricted ownership unit must remain subject to the requirements of N.J.A.C. 5:80-26.1 et seq. for at least 30 years.

At the time of the first sale of the unit, the purchaser shall execute and deliver to the administrative agent a recapture note obligating the purchaser (as well as the purchaser's heirs, successors and assigns) to repay, upon the first nonexempt sale after the unit's release from the requirements of 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.

All conveyances of restricted ownership units shall be made by deeds and restrictive covenants pursuant to N.J.A.C. 5:80-26.1 et seq., and each purchaser of a 95/5 unit, in addition, shall execute a note and mortgage, incorporated herein by reference.

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.

Price restrictions for ownership units and resale prices. Price restrictions for ownership units are pursuant to N.J.A.C. 5:80-26.1 et seq., including:

The initial purchase price for a restricted ownership unit shall be approved by the administrative agent. The initial purchase price for all restricted ownership units except those financed under UHORP or MONI shall be calculated so that the monthly carrying costs of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowners' association fees do not exceed 28% of the eligible monthly income of an appropriate household size as determined under N.J.A.C. 5:80-26.4; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3.

The initial purchase price of a restricted ownership unit financed under UHORP or MONI shall be calculated so that the monthly carrying costs of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowners' association fees do not exceed 28% of the eligible monthly income of a household whose income does not exceed 45% of median income, in the case of a low-income unit, or 72% of median income, in the case of a moderate-income unit, and that is of an appropriate household size as determined under N.J.A.C. 5:80-26.4.

The administrative agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.

The master deeds of affordable developments shall provide no distinction between the condominium or homeowners' association fees and special assessments paid by low- and moderate-income purchasers and those paid by market purchasers, although condominium units subject to a municipal ordinance adopted before October 1, 2001, which provides for condominium or homeowners' association fees and/or assessments different from those provided for in this subsection, shall have such fees and assessments governed by said ordinance.

The owners of 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 that adds an additional bathroom.

Buyer income eligibility. Buyer income eligibility for ownership units is pursuant to N.J.A.C. 5:80-26.7, such that low-income ownership units shall be reserved for households with a gross household income less than or equal to 50% of median income and moderate-income ownership units shall be reserved for households with a gross household income less than 80% of median income.

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 unit (including principal, interest, taxes, homeowner and private mortgage insurance and condominium or homeowners' association fees, as applicable) does not exceed 33% of the household's eligible monthly income.

A restricted ownership unit shall be required to obtain a continuing certificate of occupancy or a certified statement from the Township Construction Official stating that the unit meets all code standards upon the first transfer of title that follows the expiration of the applicable minimum control period provided under N.J.A.C. 5:80-26.5(a).

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Rental units control period. Each restricted rental unit shall remain subject to the requirements of this section until the Township elects to release the unit from such requirements; however, prior to such a municipal election, a restricted rental unit must remain subject to the requirements of this section for a period of at least 30 years.

Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property and the deed restriction shall be filed by the developer or seller with the records office of the county, and a copy of the filed document shall be provided to the administrative agent within 30 days of the receipt of a certificate of occupancy.

A restricted rental unit shall remain subject to the affordability controls of this section, despite the occurrence of any of the following events:

Sublease or assignment of the lease of the unit;

Sale or other voluntary transfer of the ownership of the unit; or

The entry and enforcement of any judgment of foreclosure.

Price restrictions for rental units and rent increase. The initial rent for a restricted rental unit shall be approved by the administrative agent and 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; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3.

Rents may be increased annually based on the Housing Consumer Price Index for the United States, and these figures are published annually by COAH or by HUD as approved by New Jersey Superior Court. Rents may not be increased more than once a year.

A written lease is required for all restricted rental units, except for units in an assisted living residence, and tenants are responsible for security deposits and the full amount of the rent as stated on the lease.

No additional fees or charges may be added to the approved rent (except, in the case of units in an assisted living residence, for the customary charges for food and services) without the express written approval of the administrative agent, and application fees (including the charge for any credit check) may not exceed 5% of the monthly rental of the applicable restricted unit and shall be payable to the administrative agent to be applied to the costs of administering the controls in this section as applicable to the unit.

Tenant income eligibility. Tenant income eligibility is pursuant to N.J.A.C. 5:80-26.13, as may be amended and supplemented, such that very-low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of the regional median household income by household size; low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of regional median income; and moderate-income rental units shall be reserved for households with a gross household income less than 80% of regional median income.

The administrative agent shall certify a household as eligible for a restricted rental unit when the household is a very-low-income household, low-income household or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16, provided that this limit may be exceeded if one or more of the following circumstances exists:

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;

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;

The household is currently in substandard or overcrowded living conditions;

The household documents the existence of assets with which the household proposes to supplement the rent payments;

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.

Administrative agent for the Township's affordable housing units. The affordability controls set forth in this section shall be administered and enforced by the administrative agent. The primary responsibility of the administrative agent shall be to ensure that the restricted units under administration are sold or rented, as applicable, only to low- and moderate-income households.

The administrative agent shall create and shall publish in plain English, and in such other languages as may be appropriate to serving its client base, a written operating manual, as approved by COAH or by New Jersey Superior Court, setting forth procedures for administering such affordability controls, including procedures for long-term control of restricted units, for enforcing the covenants of N.J.A.C. 5:80-26.18 and for releasing restricted units promptly at the conclusion of applicable control periods. The administrative agent shall have authority to take all actions necessary and appropriate to carrying out its responsibilities hereunder. The operating manual shall have a separate and distinct chapter or section setting forth the process for identifying applicant households seeking certification to restricted units, for reviewing applicant household eligibility, and for certifying applicant households in accordance with the household certification and referral requirements set forth in N.J.A.C. 5:80-26.16.

The administrative agent shall establish and maintain a ready database of applicant households as a referral source for certifications to restricted units, and shall establish written procedures to ensure that selection among applicant households be via the database and in accordance with a uniformly applied random selection process and all applicable state and federal laws relating to the confidentiality of applicant records.

Except in the case of restricted units receiving UHORP or MONI funding, the Township shall select one or more administrative agents for restricted units. The Township may elect to serve as the administrative agent for some or all restricted units in the Township, or the Township may select HAS or an experienced private entity approved by the HAS, the Agency or COAH to serve as administrative agent for some or all restricted units in the municipality. The foregoing approval by COAH or the HAS is to be based on the private entity's demonstration of the ability to provide a continuing administrative responsibility for the length of the control period for the restricted units. The Agency shall select the administrative agents for restricted units receiving UHORP or MONI funding.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The administrative agent shall have the authority to discharge and release any or all instruments filed of record to establish affordability controls.

Affirmative marketing.

The Township is ultimately responsible for administering the affordable housing program, including affordability controls and the affirmative marketing plan in accordance with the regulations of the Council on Affordable Housing and the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26.1 et seq.

The Township has delegated to the Municipal Housing Liaison this responsibility for administering the affordable housing program, including administering and enforcing the affordability controls and the affirmative marketing plan of the Township in accordance with the provisions of this section, the regulations of the Council on Affordable Housing pursuant to N.J.A.C. 5:94 et seq., and the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et seq.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The Township may contract with one or more administrative agents to administer some or all of the affordability controls and/or the affirmative marketing plan in accordance with this section, the regulations of the Council on Affordable Housing, and the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et seq. If the Township enters into such a contract, the Municipal Liaison shall supervise the contracting administrative agent(s) and shall serve as liaison to the contracting administrative agent(s).

Developers of low-, very low-, and moderate-income units may assist in the marketing of the affordable units in their respective developments if so designated by the governing body of the Township.

Where the Township designates a developer to assist in the marketing of the affordable units in the developer's development, the Township shall enter into a contract with the developer to administer some or all of the affordability controls and/or the affirmative marketing plan in accordance with this section, the regulations of the COAH, and the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et seq. If the Township enters into such a contract, the Municipal Liaison shall supervise the contracting developer's agent(s) and shall serve as liaison to the developer's administrative agent(s).

Where the Township designates a developer to assist in the marketing of the affordable units in the developer's development, the costs of marketing the affordable units and administering the affordability controls are to be the developer's responsibility, and the requirement shall be a condition of the municipal Planning Board approval.

In accordance with the July 20, 2017, settlement agreement [In the Matter of the Township of Mount Olive, County of Morris, Docket No. MRS-L-1634-15], dated July 20, 2017, between the Township and the Fair Share Housing Center, the Township shall include in its affirmative marketing plan, pursuant to N.J.A.C. 5:80-26.15(f)(5), Fair Share Housing Center, the New Jersey State Conference of the NAACP, East Orange NAACP, Housing Partnership for Morris County, Community Access Unlimited, Inc., Northwest New Jersey Community Action Program, Inc. (NORWESCAP), Homeless Solutions of Morristown and Supportive Housing Association, and shall, as part of its regional affirmative marketing strategies during its implementation of this plan, provide notice to those organizations of all available affordable housing units. The Township also agrees to require any other entities, including developers or persons or companies retained to do affirmative marketing, to comply with this subsection.

The affirmative marketing plan shall provide the following information:

The name and address of the project;

The number of units, including the number of sales and/or rental units;

The price of sales and/or rental units;

The name of the sales agent and/or rental manager.

A description of the random selection method that will be used to select occupants of affordable housing.

Disclosure of required application fees.

The affirmative marketing plan shall describe the media to be used in advertising and publicizing the availability of housing. In developing the plan, the administrative agent shall consider the use of language translations. The plan shall include the following:

The names of specific newspapers of general circulation within the housing region;

The names of specific radio and television stations broadcasting throughout the housing region;

The names of other publications circulated within the housing region, such as neighborhood-oriented weekly newspapers, religious publications and organizational newsletters;

The names of employers throughout the housing region that will be contacted to post advertisements and distribute flyers regarding available affordable housing;

The names of specific community and regional organizations that will aid in soliciting low- and moderate-income applicants. Such organizations may include nonprofit, religious, governmental, fraternal, civic, and other organizations; and

Other advertising and outreach efforts to groups that are least likely to be reached by commercial media efforts.

The affirmative marketing process for available affordable units shall begin at least four months prior to expected occupancy. In implementing the marketing program, the administrative agent shall undertake all of the following strategies:

Publication of one advertisement in a newspaper listed under Subsection H(9)(a) above;

Broadcast of one advertisement by a radio or television station listed above under Subsection H(9)(b) above; and

At least one additional regional marketing strategy using one of the sources listed above under Subsection H(9)(c) through (f) above.

Such advertising and outreach shall take place during the first week of the marketing program and each month thereafter until all the units have been leased or sold. The advertisement shall include at least the following:

The location of the units;

Directions to the housing units;

A range of prices for the housing units;

The size, as measured in bedrooms, of the housing units;

The maximum income permitted to qualify for the housing units;

The location of applications for the housing units;

The business hours when interested households may obtain an application for a housing unit; and

Application fees, if any.

(12)

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 administrative building(s) and the municipal library in the municipality in which the units are located; and the developer's sales office. Applications shall be mailed to prospective applicants upon request.

(13)

Advertising costs for the affordable units shall be the developer's responsibility.

Enforcement of affordable housing regulations.

Administrative agent practices and procedures shall include, but shall not necessarily be limited to, the following:

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.

Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable of either the ownership or rental certificates as set forth in N.J.A.C. 5:80-26.1 et seq.

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 can be made.

Annual mailing to all owners of affordable dwelling units, reminding them of the following notices and requirements:

If the unit is owner-occupied, that the unit may be resold only to a household that has been approved in advance and in writing by the administrative agent.

That no sale of the unit shall be lawful, unless approved in advance and in writing by the administrative agent, and that no sale shall be for a consideration greater than regulated maximum permitted resale price, as determined by the administrative agent.

That no refinancing, equity loan, secured letter of credit, or any other mortgage obligation or other debt secured by the unit may be incurred except as approved in advance and in writing by the administrative agent, and that at no time will the administrative agent approve any debt if incurring the debt would make the total of all such debt exceed 95% of the then-applicable maximum permitted resale price.

That the owner of the unit shall at all times maintain the unit as his or her principal place of residence, which shall be defined as residing at the unit at least 260 days out of each calendar year.

That, except as set forth in N.J.A.C. 5:80-26.18(d)4vii, at no time shall the owner of the unit lease or rent the unit to any person or persons, except on a short-term hardship basis, as approved in advance and in writing by the administrative agent.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

That the maximum permitted rent chargeable to affordable tenants is as stated in the notice required to be posted in accordance with N.J.A.C. 5:80-26.18(d)3, a copy of which shall be enclosed, and that copies of all leases for affordable rental units must be submitted annually to the administrative agent.

Banks and other lending institutions are prohibited from issuing any loan secured by owner-occupied real property subject to the affordability controls set forth in this section, if such loan would be in excess of amounts permitted by the restriction documents recorded in the deed or mortgage book in the county in which the property is located.

Appeals. Appeals from all decisions of an administrative agent appointed pursuant to this section shall be filed in writing with the Executive Director of the Agency.

Applicability of development regulations to developments containing restricted units. Unless otherwise specified herein, all other provisions and requirements of Chapter 550 shall apply to all developments providing restricted units.

Municipal housing liaison.

Purpose. The purpose of this subsection is to create the administrative mechanisms needed for the execution of the Township of Mount Olive's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.

Establishment of Municipal Housing Liaison position and compensation; powers and duties. There is hereby established the position of Municipal Housing Liaison for the Township of Mount Olive. Subject to the approval of the Council of Affordable Housing or by New Jersey Superior Court, the Municipal Housing Liaison shall be appointed by the governing body and may be a full- or part-time municipal employee.

The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Township of Mount Olive, including the following responsibilities which may not be contracted out:

Serving as Mount Olive Township's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents and interested households.

Monitoring the status of all restricted units in Mount Olive Township's fair share plan.

Compiling, verifying and submitting annual reporting as required by the Council of Affordable Housing or by New Jersey Superior Court in accordance with the settlement agreement.

Coordinating meetings with affordable housing providers and administrative agents, as applicable.

Attending continuing education programs as may be required by the Council of Affordable Housing or by New Jersey Superior Court.

If applicable, serving as the administrative agent for some or all of the restricted units in the Township of Mount Olive as described in Subsection J(3) below.

Subject to approval by the Council of Affordable Housing or by New Jersey Superior Court, the Township of Mount Olive may contract with or authorize a consultant, authority, government or any agency charged by the governing body, which entity shall have the responsibility of administering the affordable housing program of Mount Olive Township. If the Township of Mount Olive contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and affirmative marketing plan, the Municipal Housing Liaison shall supervise the contracting administrative agent.

Compensation. Compensation shall be fixed by the governing body at the time of the appointment of the Municipal Housing Liaison.

Administrative power and duties assigned to the Municipal Housing Liaison.

Affirmative marketing, which shall include conducting an outreach process to insure affirmative marketing of affordable housing units in accordance with the affirmative marketing plan of the Township of Mount Olive and the provisions of N.J.A.C. 5:80-26.15.

Household certification, which shall include the following:

Soliciting, scheduling, conducting and following up on interviews with interested households;

Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of eligibility or noneligibility;

Providing written notification to each applicant as to the determination of eligibility and noneligibility;

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 forth in Appendixes J and K of N.J.A.C. 5:80-26.1 et seq.;

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

Employing the random selection process as provided in the affirmative marketing plan of the Township of Mount Olive when referring households for certification to affordable units.

Affordability controls, which shall include the following tasks:

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;

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;

Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the appropriate county's register of deeds or County Clerk's office after the termination of the affordability controls for each restricted unit;

Communicating with lenders regarding foreclosures; and

Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.

Resale and rental, which shall include the following tasks:

Instituting and maintaining an effective means of communicating information between owners and the administrative agent regarding the availability of restricted units for resale or rental; and

Instituting and maintaining an effective means of communicating information to low- and moderate-income households regarding the availability of restricted units for resale or rerental.

Communicating with unit owners, which shall include the following tasks:

Reviewing and approving requests from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership;

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 cost of central air-conditioning systems; and

Processing requests and making determinations on requests by owners of restricted units for hardship waivers.

Enforcement, which shall include the following tasks:

Ensure that all restricted units are identified as affordable within the Tax Assessor's office and any municipal utility authority (MUA) and upon notification to the administrative agent of change in billing address, payment delinquency of two consecutive billing cycles, transfer of title or institution of a writ of foreclosure on all affordable units, notifying all such owners that they must either move back to their unit or sell it;

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 can be made;

Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements in N.J.A.C. 5:80-26.16(d)4;

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;

Establishing a rent-to-equity program;

[7]

Creating and publishing a written operating manual, as approved by COAH or by New Jersey Superior Court, setting forth procedures for administering such affordability controls; and

[8]

Pursuant to the settlement agreement, the Township will provide annual report of the status of all affordable housing activity within the municipality through posting on the municipal website with a copy of such posting provided to Fair Share Housing Center in a format similar to that utilized for previous annual reports to the Council on Affordable Housing or in such format as endorsed by the Special Master and Fair Share Housing Center.

[9]

Pursuant to the settlement agreement, the Township shall comply with the following provisions during the ten-year period of protection provided by said agreement:

[a]

For the midpoint realistic opportunity review due on July 1, 2020, as required pursuant to N.J.S.A. 52:27D-313, the Township will post on its municipal website, with a copy provided to Fair Share Housing Center, a status report as to its implementation of its Plan and an analysis of whether any unbuilt sites or unfulfilled mechanisms to meet unmet need should be revised or supplemented. Such posting shall invite any interested party to submit comments to the municipality, with a copy to Fair Share Housing Center, regarding whether any sites no longer present a realistic opportunity and should be replaced and whether any mechanisms to meet unmet need should be revised or supplemented. Any interested party may by motion request a hearing before the court regarding these issues.

[b]

For the review of very-low-income housing requirements required by N.J.S.A. 52:27D-329.1, within 30 days of the third anniversary of the settlement agreement and every third year thereafter, the Township will post on its municipal website, with a copy provided to Fair Share Housing Center, a status report as to its satisfaction of its very-low-income requirements, including the family very-low-income requirements. Such posting shall invite any interested party to submit comments to the municipality and Fair Share Housing Center on the issue of whether the municipality has complied with its very-low-income housing obligation under the terms of the settlement agreement.

[c]

The administrative agent shall have the authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.

Enforcement of affordable housing regulations.

[Added 3-31-2020 by Ord. No. 7-2020]

Upon the occurrence of a breach of any of the regulations governing an affordable unit by an owner, developer or tenant, the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.

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(s) against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:

The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation or violations of the regulations governing the affordable housing unit. If the owner, developer or tenant is adjudged 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 fine of not more than $2,000 per day or imprisonment for a period not to exceed 90 days, or both, provided that 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;

In the case of an owner who has rented a low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Township of Mount Olive Affordable Housing Trust Fund of the gross amount of rent illegally collected;

In the case of an owner who has rented a low- or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the Court.

The municipality may file a court action in the Superior Court seeking a judgment that 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- or moderate-income unit.

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- 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.

The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for 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 municipality for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the municipality for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the owner or forfeited to the municipality.

Foreclosure by the municipality due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.

If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the municipality may acquire title to the low- and moderate-income unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low - and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.

Failure of the low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- and moderate-income unit as permitted by the regulations governing affordable housing units.

The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions governing affordable housing units until such time as title is conveyed from the owner.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 550-87 Multiple uses for commercial and industrial sites.

Shopping centers and industrial or office complexes receiving site plan approval, where all buildings are designed and sited as a unified and comprehensive plan in accordance with the applicable zoning district standards, may have more than one building on a lot and more than one use within a building, provided that the yard requirements of this chapter are met. Where lots are not subdivided but separate portions of the tract are leased, such as in an industrial or office park, each leased portion of the tract shall be delineated on a plan approved by the Planning Board in conformance with these zoning provisions as though they were separate lots with one principal use per lot.

§ 550-88 Nonconforming uses, structures or lots.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The lawful use of buildings or structures existing 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, except 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.

Abandonment or termination of a nonconforming use.

A nonconforming use shall be considered abandoned if:

It is terminated by the owner and is discontinued for 12 consecutive months.

A nonconforming use shall be considered terminated upon the total destruction, by design or accident, of the structure in which the nonconforming use was taking place.

After abandonment or termination of a nonconforming use, the subsequent use of the abandoned building, structure and/or land shall be in conformity with this chapter.

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.

Maintenance. Maintenance may be made to a nonconforming use, structure or lot, provided that the maintenance work does not change or intensify the use, expand 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.

Nonconforming lots and structures.

Any existing structure on a nonconforming lot or any existing structure on a conforming lot which violates any yard requirements may have additions to the principal building and/or construction of an accessory building without obtaining a variance, provided that the total permitted building coverage is not exceeded and that the accessory building and/or the addition to the principal building do not violate any other requirements of this chapter.

In the event of the total destruction, by design or accident, of a nonconforming structure, construction of a new structure shall comply with all requirements of this chapter or appropriate variances shall be obtained.

Restoration and repairs.

Any nonconforming building or structure or any building or structure in which a nonconforming use is taking place, which building or structure has been condemned or damaged by fire, explosion, flood, windstorm or act of God shall be examined by the following three people: the Construction Official; the owner or an architect or engineer selected by the owner; and a third person agreed to by the Construction Official and the owner, whose fee shall be paid by the owner. If, in the opinion of the majority of the above three people, the value of repairing the building or structure is greater than 50% of the value of replacing the entire building or structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of the appropriate variance(s) as provided by state statutes.

Where the value of repairing the building or structure is determined to be less than 50% of the value of replacing the entire building or structure, the nonconforming building or structure or the building or structure containing the nonconforming use may be rebuilt and used for the same purpose as before, provided that it does not exceed the height, area and bulk of the original structure.

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.

Sale. Any nonconforming use, structure or lot may be sold and continue to function in the same nonconforming manner.

§ 550-89 Pastoral animals.

General provisions.

Pastoral animals may be maintained in any zone, provided that a minimum lot size of one acre exists for the first animal and that the lot size is increased an additional 1/2 acre for each additional animal, and further provided that any such animal must be provided with a stable or coop under a roof of at least 100 square feet per animal, and further provided that said stable or coop shall conform to the setback requirement for the zone wherein it is located. For the purposes of this chapter, five fowl shall be the equivalent of one pastoral animal.

[Amended 10-28-2014 by Ord. No. 22-2014]

All pastoral animals must be maintained within a fenced enclosure. The fence must be reasonably designed to maintain the animal(s) within the fenced enclosure, subject to the provisions of § 550-82 of this chapter.

In addition to the requirements hereinabove for all pastoral animals, the stable or coop required to be constructed hereinabove must be built and maintained so as not to create offensive odors, fly breeding or other nuisances; and manure must be collected and maintained in a sanitary manner so as to prevent offensive odors, fly breeding or other nuisances.

For purposes of regulations pertaining to pastoral animals, an acre shall be deemed to be 43,560 square feet, and 1/2 acre shall be deemed to be 21,000 square feet.

[Amended 10-28-2014 by Ord. No. 22-2014]

All pastoral animal uses existing as of May 13, 1975, which do not comply with the acreage requirements, setback requirements and/or coop size requirements of this chapter are hereby declared to be preexisting nonconforming uses and are permitted to continue as such without any expansion or enlargement of said nonconforming use. All other requirements of this chapter apply.

§ 550-90 Wireless telecommunications antennas as permitted second principal use and structure. [1]

Each presently existing nonconforming use which is permitted to continue as a result of the provisions of Subsection A(5) above in this section is hereby presumed to be abandoned by the owner or occupant of said property upon conviction in the Mount Olive Township Municipal Court or other court of competent jurisdiction of three separate offenses within any three-year period of time, which offenses involve the violation of any provision of § 550-89, Pastoral animals, of this chapter or amendments thereto or the violation of any health ordinance or other regulatory ordinance pertaining to pastoral animals, whether such ordinance exists at present or is adopted hereafter. In the event that any such owner or occupier is convicted of three offenses of any of the above-mentioned ordinances within a three-year period of time, then the Zoning Officer shall notify such owner or occupier that his nonconforming use is presumed to be abandoned and that the pastoral animal use represents a violation of this chapter, and a notice of abatement of such violation shall be issued to the owner or occupier of said property in accordance with the applicable provisions of this Chapter 550, Land Use.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Nothing in this Zoning Ordinance shall be construed to require that the limitations on the number of pastoral animals imposed by this or any other section of this chapter shall apply to any commercial farming or agricultural use qualifying for a farmland assessment, and all such commercial farms or agricultural uses qualifying for a farmland assessment shall be permitted to maintain and raise pastoral animals without limitation, subject, however, to all applicable local and state statutes, ordinances, rules and regulations.

[Added 10-27-2009 by Ord. No. 22-2009]

Permitted principal use and structure. Wireless telecommunications antennas shall be a permitted principal use and principal structure in all zone districts in Mount Olive where mounted upon, or affixed to, a freestanding water storage tank or an existing telecommunications or public utility line tower.

Dual principal use and structure. Wireless telecommunications antennas, whether individual or multiple in number mounted or affixed to an existing structure as described in Subsection A, shall be permitted as a separate and distinct principal use and structure and shall be permitted in addition to any other permitted use and structure within the applicable zone district, notwithstanding any limitations in this chapter prohibiting more than one principal use and/or structure on a lot.

Site plan approval required. Each proposal to erect one or more antennas and/or attendant accessory structures in accordance with the provisions of this section shall be required to secure site plan approval, except that an application for development to collocate wireless communications equipment on a wireless communications support structure or in an existing equipment compound shall not be subject to site plan review if the application meets the requirements of N.J.S.A. 40:55D-46.2.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Maximum height. No antenna shall exceed a height of 10 feet as measured from the point where the antenna is mounted or affixed.

Accessory structures.

No more than one compound shall be permitted which may include a building, freestanding cabinets and associated appurtenances necessary for the operation of the antenna(s).

The setback standards for accessory structures and buildings as set forth in the Schedule of Limitations, Residential Districts, and the Schedule of Limitations, Nonresidential Districts, [2]shall not apply to an equipment compound under this section. The setback requirements for the equipment compound shall be a minimum distance of 50 feet from any front, side, and rear lot lines where the facility is located in a residential district. A minimum distance of 25 feet shall be maintained for a facility located in a nonresidential zone district. Where a zone district permits a mix of residential and nonresidential uses, the more restrictive standard shall apply. No minimum distance separation is required between an equipment compound and the water tank or tower containing the antenna(s).

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Editor's Note: Said schedules are included as attachments to this chapter.

An equipment compound shall be enclosed with security fencing. No fence shall exceed a height of six feet. Chain-link fences shall be coated with a nonreflective color.

An equipment compound shall be screened from public view with appropriate landscaping to provide a year-round visual buffer. Dead or diseased plantings shall be replaced by the operator(s) of the compound.

Editor's Note: Original § 400-89, Planned adult community (PAC), of the 1990 Code, was repealed 3-22-2005 by Ord. No. 4-2005.

§ 550-91 One principal building per lot; exception.

[Amended 10-27-2009 by Ord. No. 22-2009; 10-28-2014 by Ord. No. 22-2014]

No lot shall contain more than one principal building, except that shopping centers, industrial developments, multifamily complexes, swimming pools, both indoor and outdoor, health clubs, training facilities within an enclosed building receiving site plan approval may be permitted to have more than one building or use on a lot in accordance with the zoning district in which it is located. Antennas for wireless telecommunications services shall be permitted as an additional principal permitted structure and use in all zone districts, subject to site plan approval.

§ 550-92 Residential clusters.

[Amended 4-28-1998 by Ord. No. 5-98]

Residential clusters. The purpose of this section is to provide specific standards for the creation, design and maintenance of open space when residential cluster developments are approved.

The minimum acreage for each zone required for cluster development shall be as follows:

RR-AA and RR-A Zone: 15 acres.

R-2 Zones: 15 acres.

R-3, R-4 and R-5 Zones: 10 acres.

In computing the minimum amount of acreage in any tract, all open spaces shall be included.

Lot density determination.

[Added 3-26-2002 by Ord. No. 7-2002][1]

The number of units permitted in a cluster development shall be no greater than the number of units that the entire tract would yield in a conventional design subdivision without variances or waivers, taking into consideration all critical areas and stream corridor setbacks, as defined in this chapter, and other constraints such as freshwater wetlands, including the required buffer areas. When factoring in the impact of freshwater wetlands and the attendant buffers, the conventional subdivision layout shall show the maximum transition/buffer requirement for the wetlands in question unless the applicant has secured an approved transition area waiver plan from the New Jersey Department of Environmental Protection.

In order to determine the number of permitted units, the developer shall submit a qualifying map which shall show development of the entire tract or tracts on a conventional subdivision design without variances or waivers in accordance with the nonclustering provisions of the applicable zone or zones and taking into consideration the critical areas, as well as typical development improvements, such as roadways, walkways and drainage facilities, including detention or retention basins. The qualifying map shall reflect the limitations pertaining to all critical areas, including, but not limited to freshwater wetlands, stream corridors, and slopes in excess of 15%. Buffers for freshwater wetlands shall reflect the most restrictive distances in accordance with the wetland classification unless the applicant has secured an approved transition area waiver plan from the New Jersey Department of Environmental Protection. The maps shall be prepared by a licensed engineer of the State of New Jersey. The map shall contain the following information, as a minimum:

Topographical data having a two-foot contour interval conforming to generally accepted maps standards.

Designation of the land subject to flooding or with the seasonal high-water table within 1.5 feet of the surface. This information shall be based upon the information supplied by the most recent soil survey of Morris County, published by the United States Department of Agriculture, and any additional information provided by the applicant and/or any municipal agency or agencies or officials.

Development improvements to conform to all municipal standards, including drainage regulations. The developer shall show on any qualifying map the same type of sewage treatment that is being proposed on the cluster design. The developer shall devote a sufficient amount of space to the sewage treatment as may reasonably be required by state regulations.

Soil groupings and types taken from the Morris County soil survey.

Natural features, including rock outcroppings, woodlands, waterways and previously mined areas.

All existing structures and/or ruins.

Said map shall take into consideration all requirements pursuant to the critical areas provisions of this chapter.[2]

Editor's Note: See § 550-39.

Certified boundary survey.

Editor's Note: This ordinance also provided for the redesignation of original Subsections B and C, of the 1990 Code, as Subsections C and D, respectively.

Open space requirements. All open space, as designated on any cluster development, may be either dedicated to the municipality for use in its sole discretion or dedicated to an organization for the ownership and maintenance of the common open space for the benefit of the owners and residents of the development. The open space and any organization for the ownership and maintenance of said open space shall have the following requirements:

[Amended 3-23-1999 by Ord. No. 7-99; 11-9-2004 by Ord. No. 34-2004; 10-28-2014 by Ord. No. 22-2014]

All open space shall be for recreational and/or conservation use and used on a nonprofit basis serving and supporting the residential use to which the spaces relate.

Within 90 days of the granting of preliminary approval, the developer shall petition the Township governing body to have the governing body consider whether or not it desires to accept the open space as Township property. No final approval of any subdivision pursuant to these provisions shall be granted indicating that the open space shall be owned by the Township unless the governing body, prior to final approval, has agreed to accept ownership. In the event that the Township governing body does not desire to own the open space, then said open space shall be dedicated to a nonprofit organization whose membership is restricted to owners and/or residents of the development and which organization shall be formed solely for the purpose of ownership and maintenance of the common open space. Any such organization shall be controlled under the following regulations:

Any organization initially created by the developer for the ownership and maintenance of the common open space shall clearly describe in its bylaws the rights and obligations of the owners or residents in the development, and the Articles of Incorporation of the organization shall be submitted for review by the Planning Board and the Township Attorney prior to the granting of final approval by the Township.

Such organization shall be responsible for liability insurance, municipal taxes, maintenance of land and any facilities that may be erected on any land deeded to said organization and shall hold the Township harmless from any liability.

Such organization shall not be dissolved and shall not dispose of any space otherwise than as permitted by N.J.S.A. 40:55D-43, and the failure of such organization to maintain the open space in reasonable order and condition shall have the consequences set forth in N.J.S.A. 40:55D-43.

The minimum amount of open space shall be equal to that required for the applicable zone district as stated in § 550-101 of this chapter. Land utilized for street rights-of-way shall not be included in the open space requirements. No more than 25% of the required open space may be encumbered by freshwater wetlands or slopes in excess of 25%. No portion of the required open space shall be improved with detention or retention basins, water storage towers and/or sanitary sewage treatment facilities. The required open space shall not include any portion of a building lot or lots to meet the minimum standard, even though a portion of the building lot or lots may include a conservation easement, critical areas or such other restrictions which limit development on the lot or lots.

Location of clustered lots. In residential cluster developments containing more than 10 residential lots, it is expected that the residential lots will be located in groups or clusters of lots, each group of clusters separated by portions of the common open space, with as many lots as reasonably possible abutting the common open space. The Planning Board may substitute an alternative configuration where the open space is provided as a contiguous tract(s) where a concentration of open space can serve a desired public purpose, including, but not limited to, active recreation facilities.

[Amended 3-23-1999 by Ord. No. 7-99][3]

Editor's Note: Original § 400-92, Rural residential development, of the 1990 Code, was repealed 3-26-2002 by Ord. No. 7-2002.

§ 550-93 Senior citizen housing.

The development of senior citizen housing shall meet the following standards:

The minimum lot size shall be three acres.

The maximum number of units shall be 100.

The maximum gross density shall be 25 units per acre.

Assurance must be provided that the units will be affordable to low- or moderate-income households over a period of at least 30 years.

Parking may be reduced to as low as 0.5 spaces per dwelling unit if requested by the applicant and approved by the Planning Board.

The maximum building height shall be 30 feet.

§ 550-94 Service stations.

All storage areas, trash facilities, pits, lifts and working areas shall be within a building. All lubrication, repair or similar activities shall be performed in an enclosed building, and no dismantled parts shall be placed outside. All structures, gasoline pumps, air pumps and the islands upon which pumps are normally located shall be set back from all street and property lines at least 60 feet. A minimum space of 25 feet shall exist between any two islands and between any island and the service station building.

No junked motor vehicle or parts thereof and no unregistered unlicensed motor vehicle shall be permitted on the premises of any service station. Not more than six motor vehicles may be located on the premises outside a building for a period not to exceed five days, provided that the owners are awaiting the repair of said motor vehicle.

Ingress and egress shall recognize the turning movements generated. These access points shall be coordinated with the access points required for the nearby uses, the frequency of intersecting side streets, the minimizing of left turns off collector and arterial streets and the maintaining of building setbacks compatible with the required setbacks and landscaping.

[Amended 10-28-2014 by Ord. No. 22-2014]

No gasoline service station shall be permitted within 1,500 feet from the high-water mark of Budd Lake, Drakes Brook, the South Branch of the Raritan River and/or Lake Musconetcong.

Service stations shall be subject to the following terms and conditions:

[Added 10-28-2014 by Ord. No. 22-2014]

The minimum lot size shall be two acres in the C-1 and C-2 zones. The minimum lot size shall be five acres in the C-LI zone.

The minimum setback for a building shall be the same as the zone in which the use is located, except that the minimum setback for canopies over gasoline pumps shall be 60 feet.

The service station shall be permitted to sell gasoline and automobile-related products. In addition, convenience items may be sold within an enclosed structure. The area established for sale of convenience items shall have a maximum FAR of 0.06 which shall be calculated as part of the total permitted FAR in the applicable zone district. No goods, except for gasoline and automotive products, shall be displayed, stored or sold outside the structure.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Any such service station will be permitted to service automobiles in the customary manner but will not include any auto body work.

§ 550-95 Signs.

Except as otherwise set forth herein, it shall be unlawful for any person to erect, alter, relocate or maintain within the Township of Mount Olive any sign, as set forth and defined in this chapter, without first making application for and obtaining a sign permit from the Zoning Officer.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Signs within each district shall be permitted as follows:

Residential uses.

Residential uses shall mean all single and multifamily houses located within any zone. Specifically excluded from residential uses as the term pertains to this chapter are garden apartments, condominiums and high-rise apartments.

Not more than two ground signs for and located within any subdivision which has been approved by the Planning Board, provided that each such sign does not exceed 12 square feet, shall be permitted. In no case shall any such sign be located closer than 15 feet to any street or side lot line. Any such sign shall be removed within 30 days after all of the lots in the subdivision have been built thereon.

(Reserved)[1]

Editor's Note: Original Subsection B(1)(c), concerning a wall or ground sign for such uses as a place of worship, a fire house, etc., of the 1990 Code, was repealed 10-5-2010 by Ord. No. 23-2010.

One "for sale" or "for rent" sign erected only on the property to be sold or rented, but not to be placed on any tree and not to exceed four square feet, shall be permitted. No application or fee or permit shall be required for such sign. The sign shall be removed within 15 days of the signing of a purchase contract or rental agreement.

One wall sign not to exceed two square feet, advertising or indicating the office of a member of a recognized profession or a permitted home occupation, shall be permitted.

No more than five garage sale signs may be posted with no sign larger than three square feet. All signs may be erected one week prior to the sale and shall be removed the day after the sale. All signs shall be posted only with the permission of the property owner, and no sign shall be posted on utility poles.

Commercial uses.

Freestanding signs.

[Amended 8-19-2003 by Ord. No. 31-2003; 11-13-2012 by Ord. No. 35-2012; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

A commercial establishment, including gasoline service stations and public garages, located within the C-1, C-2, and C-LI Zone Districts, may have one freestanding sign with a sign area not to exceed 90 square feet. Any freestanding sign shall be located a minimum distance of 10 feet from the right-of-way line and shall not be located within a sight triangle. The maximum height of a freestanding sign shall not exceed 15 feet, inclusive of structural base or pylon structure.

A commercial establishment located within the CR-3, PB, PC-2 and AR Zone Districts may have one freestanding sign with a sign area not to exceed 40 square feet. The maximum height of a freestanding sign shall not exceed eight feet, inclusive of structural base or pylon structure. A minimum setback of 10 feet from the street right-of-way shall be required for all signs, and signs shall not be located within a sight triangle.

Each business located within the C-1, C-2, C-LI, CR-3, PB, PC-2 and AR Zone Districts may have one or more wall signs, provided that the aggregate total of these signs does not exceed 5% of the area of that portion of the face of the building or buildings used in such business at the location in question, the face being the front side of the place of business facing the street and any facade facing the off-street parking lot for the place of business and the area to include the window and door area, provided that all signs shall advertise only the business carried on or the products made or sold on the premises, or both.

[Amended 8-19-2003 by Ord. No. 31-2003; 11-13-2012 by Ord. No. 35-2012; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(Reserved)[2]

Editor's Note: Original Subsection B(2)(c), regarding signs for gasoline service stations and public garages, of the 1990 Code, was repealed 8-19-2003 by Ord. No. 31-2003. See now Subsection B(2)(a).

In shopping center and shopping plaza developments, in addition to the wall signs permitted above, one ground or pylon sign shall be permitted advertising the name of the shopping center development, as defined in this chapter, or the uses found within; provided, however, that it meets the following specifications:

No sign shall be closer than 50 feet to the point of intersection of any two street lines.

The total height of each sign shall not exceed 30 feet.

No sign shall be closer to the right-of-way line than 10 feet.

The area of the sign shall not exceed one square foot for each linear foot of front yard setback, provided that no sign shall exceed 100 square feet in area.

No sign shall be located within a sight triangle.

[Amended 8-19-2003 by Ord. No. 31-2003]

Lights shall be so located and shielded as to prevent any glare or blinding effect upon any adjacent property or roadways.

[7]

No neon or similarly illuminated signs shall be of red, yellow, or green color, which are located in such a fashion as to diminish or detract in any way from the effectiveness of any traffic signal or similar safety or warning device. The enforcement officer may seek a determination from the Police Department for any sign which may contravene this provision.

[8]

In the event that there is more than one tenant in the shopping center development, each tenant is entitled to one nameplate sign on the pylon below the principal name of the shopping center; provided, however, that each such nameplate sign shall be of uniform dimensions and lettering and that no nameplate sign shall exceed eight square feet in area.

[9]

No business or advertising sign structure erected directly upon the ground shall be within 20 feet of any other such sign structure.

[10]

No sign attached to a building shall extend above the roof line.

In large-scale comprehensively planned retail/commercial developments in the C-LI District which include a retail center, two freestanding main pylons and two cinema marquees, either freestanding or in combination with the main pylons, shall be permitted within the setback areas of the district in addition to the other signs permitted in this section. Each of such pylons and marquees shall not exceed a height of 30 feet and 300 square feet in sign face area per side. Freestanding signs shall be situated outside of any sight triangle at street intersections and access drives and shall maintain a minimum distance of 50 feet from any street. The Planning Board may waive all requirements regarding signs except those for main pylons and cinema marquees and approve a unified sign plan if submitted at the time of preliminary site plan review. A unified sign plan must include the general type, material, method of illumination (if any), approximate location and color scheme for all signs related to the retail development.

[Added 4-28-1998 by Ord. No. 5-98]

Industrial uses.

Signs shall be permitted in an industrial zone, provided that no moving or flashing parts are allowed. Exposed tubes and similarly illuminated advertising signs are specifically prohibited.

Not more than one commercial ground sign advertising on the same parcel will be allowed, provided that they comply with the following specifications:

A sign shall not be closer than 20 feet to the right-of-way of any public road and shall not be located so as to interfere with the view of adjacent properties.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

No sign shall be closer than 50 feet to the intersection of two street lines.

The height of the signs shall not exceed 10 feet.

The lowest edge of any sign shall not be less than three feet above ground.

The area of each sign shall not exceed one square foot for each linear foot of front yard setback of the principal building, up to a maximum of 100 square feet.

No more than two attached commercial signs will be allowed, provided that they comply with the following specifications:

Signs shall be attached to the main building and are limited to one per side.

Signs must be permanently attached or constructed with the building and shall not extend more than 10 inches from the side of the building.

The height of the letters of the advertising shall not exceed four feet.

No sign may extend above the roof line of the building to which it is attached.

The total advertising space of a sign attached to a building shall not exceed 200 square feet or 10% of the gross area of the side to which it is attached, whichever is greater.

Illumination of signs shall be in such a manner as to cause no glare or blinding light to adjacent properties or roadways.

Customary warning, trespassing and posted signs shall be allowed.

Major subdivisions for industrial developments may have one identification sign no greater than 100 square in size, no higher than 30 feet and located outside of all street rights-of-way.

In large-scale comprehensively planned industrial developments in the C-LI District, the standards applicable to the New Jersey Foreign Trade Zone as contained in Subsection B(5) of this section shall apply. The Planning Board may waive all requirements regarding signs and approve a unified sign plan if submitted at the time of preliminary site plan review. A unified sign plan must include the general type, materials, method of illumination (if any), approximate location and color scheme for all signs related to the industrial development.

[Added 4-28-1998 by Ord. No. 5-98]

Garden apartments or other multifamily uses. Any garden apartment, condominium, high-rise apartment or other multifamily use, other than a multifamily use such as a two- or three-family house, shall be permitted one freestanding sign with a total area not to exceed 100 square feet. This sign shall be subject to the conditions contained in Subsection B(2)(d)[1], [3], [5], [6] and [7], as these conditions are set forth for certain commercial uses, with a maximum height of 15 feet.

New Jersey Foreign Trade Zone. The following types of signs shall be permitted:

Ground-mounted primary directional signs, not to exceed 12 feet in height.

Ground-mounted secondary directional signs, not to exceed eight feet six inches in height.

Ground-mounted double post tertiary directional signs, not to exceed six feet nine inches in height.

Ground-mounted single post tertiary directional signs, not to exceed four feet 6.5 inches in height.

Traffic information and safety signs.

Tenant building entrance identification pylon, not to exceed 10 feet in height.

Tenant shipping/receiving office identification sign, not to exceed two feet nine inches in height.

Loading dock identification sign, not to exceed two feet nine inches in height.

(i)

Signs which do not perform any of the functions set forth in this subsection, subject, however, to the requirement that the owner of such sign shall notify the Building Inspector at least two weeks before installation of any such signs. Such signs are designated "specialty signs"; and the Building Inspector shall keep a log of all such signs.

Setbacks. All signs must be set back a minimum of 10 feet from the street right-of-way line. If an applicant demonstrates that a ten-foot setback is an undue hardship, the enforcement officer may permit a lesser setback only if the proposed sign does not interfere with traffic visibility.

General regulations as to signs.

Directional signs, meaning those signs which are located off the premises to which traffic or persons are to be directed, will be permitted in any district, provided that they do not exceed three square feet in area and:

They are reasonably necessary to direct any traffic or persons to public or semipublic facilities, such as churches and other places of worship, nursing homes, hospitals, schools, libraries, museums, art galleries and parks and recreation areas within or adjoining the Township of Mount Olive.

They are reasonably necessary to direct any traffic or persons to any real estate developments; provided, however, that no more than two such signs will be permitted for each real estate development, and further provided that any such sign shall be removed within 30 days after all the lots in the subdivision have been built thereon.

With the exception of municipal facilities, directional signs shall require a permit, and nothing herein shall relieve the owner of such sign or the owner of the property on which such sign is to be erected from the responsibility for its erection and maintenance in a good and safe condition. No fee shall be charged for those signs in Subsection C(1)(a) above.

"Open house" signs for real estate sales shall be permitted to be located off site, provided that the sign(s) is posted only on the day of the open house and only between the hours of 9:00 a.m. and 6:00 p.m.

[Added 8-19-2003 by Ord. No. 31-2003]

In addition to other signs permitted, wall or ground signs not exceeding one square foot in area may be used for a driveway entrance or exit or for warning purposes on the grounds of libraries, schools, churches or other public buildings or uses. No application or fee shall be required in connection with the permit for such a sign.

No advertising sign shall be permitted on or within any traveled right-of-way or any sidewalk.

Floodlights or similar outside illumination is permitted, provided that all lighting, including sign lighting, shall be so arranged as to protect adjoining and nearby properties and streets and highways and traffic from direct glare and hazardous interference of any kind. The appropriate electrical and building permits are required to be obtained for all lights.

There shall be permitted one wall or ground sign not exceeding 48 square feet, located on the premises of places of worship; school buildings; public libraries; museums; art galleries; parish houses; buildings used exclusively by federal, state, county and local government for public purposes; public, private and parochial schools; and public, recreational and community center buildings and grounds. No application or fee shall be required in connection with the permit for such a sign.

[Amended 8-24-1999 by Ord. No. 30-99]

No sign shall be placed to interfere with traffic lights or similar devices.

All signs except directional ones must be intended for the use of the property on which they are located, except as otherwise provided herein.

[Amended 8-19-2003 by Ord. No. 31-2003]

No sign may interfere with any door, window, fire escape or other large opening that provides light and/or ingress or egress.

[Amended 10-28-2014 by Ord. No. 22-2014]

Banner-type signs shall be permitted in accordance with the following standards:

[Added 8-24-1999 by Ord. No. 30-99]

Maximum size of banner: 30 square feet.

Maximum duration per event: 14 calendar days.

Maximum number of events per calendar year: four.

Shopping centers and sites with multiple tenants shall have no more than one banner-type sign on display at one time and shall designate one location, subject to approval by the enforcement officer, for display of said signs.

Banner-type signs must be securely affixed to the building facade or to post securely embedded in the ground at a height not to exceed six feet from grade. No banner shall be affixed to an existing freestanding sign nor situated within a sight triangle.

[Amended 8-19-2003 by Ord. No. 31-2003]

Display of banners on any type of vehicle is prohibited.

Prompt removal of banner upon expiration of permit shall be a condition of approval.

A sign shall be permitted in any zone district for the purpose of calling attention to a proposed development project therein. A zoning permit shall be required with a maximum duration of six months with one six-month renewal option. This provision shall apply with or without site plan or subdivision approval. One sign per tax lot shall be permitted with a maximum sign face of 32 square feet, a maximum height of eight feet and a minimum setback from all lot lines of 25 feet.

[Added 8-24-1999 by Ord. No. 30-99]

Blade flag signs shall be permitted in accordance with the following standards:

[Added 10-28-2014 by Ord. No. 22-2014]

Limit of one sign per each 75 feet of linear frontage on a public roadway.

Maximum duration per sign: 14 calendar days.

Maximum display permits per calendar year: four.

Prompt removal of sign(s) upon expiration of permit shall be a condition of approval.

Prohibited signs. The following types of signs are specifically prohibited:

Any sign of which all or part is in motion by any means, including fluttering, rotating or other moving devices set in motion by movement of the atmosphere.

Any sign displaying flashing or intermittent light or lights of changing intensity.

Any illuminated tubing or strings of lights outlining roof lines, doors, windows or wall edges of any building, except for religious decorations during November, December and January.

Any sign that uses the word "Stop" or "Danger" or otherwise presents or implies the need or requirement of stopping or caution or the existence of danger or which is likely to be confused with any sign displayed by a public authority.

(Reserved)[3]

Editor's Note: Former Subsection D(5), regarding banner-type signs, of the 2015 Code, as amended 8-24-1999 by Ord. No. 30-99, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

All pennants, flags, blade flag signs and similar signs for commercial purposes are prohibited, except for special events and sales where a one-week temporary permit can be acquired from the enforcement officer. The fee for such temporary permit shall be 50% of the fee set forth in § 550-9 of this chapter.

[Amended 10-28-2014 by Ord. No. 22-2014]

Any sign painted on the exterior wall of any building or fence.

Industrial and commercial use signs in P, RR-AA, RR-A, R-1, R-2, R-3, R-4, R-5 and R-5ML zones except as provided in § 550-95E(2)(i) of this chapter.

[Amended 8-24-1999 by Ord. No. 30-99]

(Reserved)[4]

Editor’s Note: Former Subsection D(9), listing billboards as prohibited signs, of the 2015 Code, was repealed 7-25-2017 by Ord. No. 17-2017.

Roof signs.

Any outdoor display of merchandise on any public right-of-way, directing attention to a use of the property.

(12)

Wheeled advertising devices, except for permanent signs on licensed vehicles which are parked in a legal parking space.

(13)

Portable or temporary signs, except for window signs.

Sign permits.

[Amended 8-24-1999 by Ord. No. 30-99]

Exemptions. The following exemptions shall apply only to the requirement for a sign permit and shall not be construed as relieving the owner of the sign from the responsibility for its erection and maintenance in good and safe condition:

Memorial tablets or signs, names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze or other noncombustible materials.

Traffic or other municipal signs, legal notices, railroad crossing signs and such temporary emergency signs as may be erected by governmental or public utility employees in carrying out their work.

Names on mailboxes.

Signs used on property warning the public against hunting or trespassing thereon.

Political signs, the aggregate square footage of which shall not exceed 32 square feet.

Garage sale signs.

Signs located on property known and designated as the New Jersey Foreign Trade Zone.

Signs associated with any organization which qualifies under Chapter 294, entitled "Peddling and Soliciting," of the Township Code, Volume 1, specifically § 294-12C(1), subject to the following terms and conditions:

All sign proposals must be submitted to the Township Zoning Officer to ensure compliance with sight triangles and standard setbacks for all signs from street rights-of-way.

Any sign in proximity to a state highway must comply with NJDOT regulations for outdoor advertising.

The maximum dimension of the sign board, inclusive of lettering and/or display features, shall be 16 square feet.

[Amended 8-24-1999 by Ord. No. 30-99]

The maximum time duration of a temporary sign shall not exceed 14 calendar days, and each organization shall be limited to six special events per year for which signs may qualify under this provision.

[Amended 8-24-1999 by Ord. No. 30-99]

No flags, pennants, balloons or flashing lights shall be affixed to the sign or used in conjunction therewith.

It shall be the responsibility of the party erecting signs under this section to secure permission from the property owner(s) where said sign(s) are to be located.

[Amended 8-24-1999 by Ord. No. 30-99]

[7]

No sign under this category shall be permitted within a residential district except for directional signs and signs located on the site of an event advertised.

[Amended 8-24-1999 by Ord. No. 30-99]

[8]

Signs erected under the provisions of this section along Route 46 and Route 206 shall have a distance of at least one mile between each sign associated with the event so advertised.

[9]

A zoning permit shall be obtained for each event for which a community-based or nonprofit organization seeks to erect signs so all concerned are clear on what is permitted. No fee is required per § 550-17J.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(i)

Signs posted for informational and/or promotional purposes on land classified as "public areas" for uses classified as "public uses" pursuant to § 550-5 of this chapter.

[Added 8-24-1999 by Ord. No. 30-99]

Sign permit procedure.

An application for a sign permit shall be signed by the owner of the premises and the person responsible for the erection of the sign, and both shall be responsible for compliance with the terms as herein set forth. Such applications shall be made to the Building Inspector and shall contain the following information on forms supplied by him.

The name and address and telephone number of the owner or lessee of the premises and the name of the person, firm, corporation or association erecting the sign; and both shall be considered applicants.

The location of the building, structure or lot to which or upon which the sign is to be attached or erected.

The position of the sign in relation to nearby buildings or structures, sidewalks and streets.

Such other information as the Building Inspector shall require to show full compliance with this chapter.

It shall be the duty of the Building Inspector to examine the application and other data regarding the premises upon which it is proposed to erect the sign, and if it shall appear that the proposed structure is in compliance with all the requirements of this chapter and all other laws and ordinances of the Township of Mount Olive, he shall then issue the sign permit. The sign permit shall be issued or denied within 20 days of the date of application.

If the work authorized under a sign permit has not been completed within one year after date of issuance, the permit shall become void. The applicant may reapply upon payment of any permit fees required by this chapter.

No sign may be altered, enlarged or diminished in size or in nature without a new permit being issued.

Fees for sign permits are governed by § 550-9 of this chapter. Noncommercial signs shall be exempt from the fee requirements of § 550-9 of this chapter.

Any permit may be denied where, by virtue of its location, size or structure, the sign would obstruct the view or motion of a pedestrian or vehicle driver so as to create a traffic hazard.

Enforcement procedures.

Whenever, in the opinion of the enforcement officer, any sign becomes unsafe or endangers the safety of a building or premises or endangers the public safety, the enforcement officer shall send a letter, by certified mail, to the owner of the sign and the owner of the premises on which the sign is located ordering that such sign be made safe or removed within 30 days of receipt of the letter. If the permittee fails to remove, alter or repair the sign within 30 days after such notice, such sign may be removed by the enforcement officer at the expense of the holder of the permit. The enforcement officer may cause any sign or sign structure to be removed summarily and without written notice if it is an immediate peril to persons or property by virtue of its construction or moorings.

Subject to the provisions of the next subsection, any sign now or hereafter existing which no longer advertises a business or profession conducted or a product sold or is not used for a permitted use shall be taken down and removed by the permittee, owner, agent or person having the beneficial use of the building or structure or land upon which such sign may be found within 30 days after written notification from the enforcement officer. Upon failure to comply with such notice within the time specified in such order, the enforcement officer is hereby authorized to cause removal of such sign, and the permittee or owner of the premises shall be liable for all costs incurred in such removal.

Any preexisting sign now in existence which would otherwise be prohibited hereunder may be continued on such building, structure, lot or land so occupied, provided that it complied with the requirements of the Township of Mount Olive sign ordinance existing at the time of its erection. However, at no time shall such sign be altered, rebuilt, enlarged, extended or relocated unless such action changes a nonconforming sign into a conforming sign as provided herein.

The failure to keep a nonconforming sign painted, or in good repair for a period of six months shall constitute abandonment, and such sign may not be reused and must be removed.

Any temporary sign issued pursuant to § 550-95E(2)(h) of this chapter shall be removed in accordance with the time limit provided on the zoning permit. Issuance of the zoning permit shall incorporate notice regarding compliance with the time limitations and shall be deemed notice concerning same. Failure to remove a sign by expiration as specified in the zoning permit shall constitute a violation of this section.

[Added 8-24-1999 by Ord. No. 30-99]

Any "open house" sign permitted pursuant to Subsection C(1)(d) that is posted during hours other than those specified by this chapter shall be subject to removal by authorized personnel of the Township of Mount Olive.

[Added 8-19-2003 by Ord. No. 31-2003]

Billboards.

[Added 7-25-2017 by Ord. No. 17-2017]

Purpose.

The intent and purpose of this subsection is to amend the Township's sign regulations to permit billboards as a conditional use along sections of Route 46 and Route 206 within the commercial highway corridors of the Township and along Interstate 80 which is a limited access highway as defined in N.J.A.C. 16:41C-2.1.

Mount Olive Township recognizes that billboards are by design different in scope and purpose from other types of signage in the Township in that billboards advertise or communicate goods, services or messages not conducted, sold, generated or otherwise related on the lot where the billboard is located. Billboards are significantly larger in size than other types of signage permitted in the Township and their primary objective is to attract the attention of the travelling public.

In order to minimize the visual impact of digital billboards, particularly during evening and nighttime hours, the Township finds it appropriate to limit digital billboards to certain locations along the Route 46 and Route 206 highway corridors where larger required lot area and distance from residential zone districts will allow for greater separation and buffering.

The intent of this subsection is to establish size, location and operating standards for billboards, both static and digital, for the purpose of providing opportunities for commercial and noncommercial speech while, to the greatest extent possible, preserving and protecting the semi-rural character of the Township, to minimize visual intrusion upon residential neighborhoods in proximity to the highways, particularly in the Budd Lake section of the Township, and to promote a desirable visual environment by reducing visual obstructions and potential hazards caused by undue distractions along the highway networks within Mount Olive. In recognition of the fact that Interstate 80 varies in elevation within the portion of Mount Olive Township traversed by the highway and is distinguished from Route 46 and Route 206 in that it is a "limited access highway" and does not adjoin established residential areas within the Township, the height, setback and dimensional standards for billboards directed to the traveling public along Interstate 80 shall be determined by the standards and regulations set forth by the New Jersey Department of Transportation in N.J.A.C. 16:41C-I.1 et seq., as authorized by N.J.S.A. 27:5-5, Roadside Sign Control and Outdoor Advertising Act. This subsection is intended to recognize the authority established in N.J.A.C. 16:41C-1.1 et seq., and to supplement those standards and regulations where appropriate to best accommodate local conditions and land use policies and objectives of Mount Olive Township.

Conditional use standards.

Location.

Static. Static billboards shall be permitted within that portion of the C-1 and C-2 Commercial Zone Districts, the PB-Professional Business Zone District, the P-Public/Conservation Zone District, the LI-Light Industrial Zone District, the GI-General Industrial Zone District, and the FTZ-1, FTZ-3, and FTZ-4 Zone Districts where said districts have frontage upon Route 46, Route 206 or Interstate 80 and only where the sign area of any billboard is be positioned to face Route 46, Route 206, or Interstate 80, as applicable, and subject to the limitations set forth herein.

Digital. Digital billboards shall be permitted within that portion of the C-2 Commercial Zone District, the P-Public/Conservation Zone District, and the LI-Light Industrial Zone District where said districts have frontage upon Route 46 or Route 206 and only where the sign area of any billboard is be positioned to face Route 46 or Route 206, as applicable, and subject to the limitations set forth herein. Digital billboards shall also be permitted within that portion of the C-1 Commercial Zone District, the P-Public/Conservation Zone District, the GI-General Industrial Zone District and the FTZ-1, FTZ-3, and FTZ-4 Zone Districts where said districts have frontage upon Interstate 80 and only where the sign area of any billboard is be positioned to face Interstate 80 and subject to the limitations set forth herein.

Distance requirements between billboards. All billboards, both static and digital, shall have a minimum linear distance of 5,000 feet between another billboard, either static or digital, on the same side of the highway. This distance requirement shall apply to any new billboard and any existing billboard, including any preexisting, nonconforming billboard.

Distance requirements from a residential zone district.

Static. Static billboards shall maintain a minimum distance of 150 feet from the closest residential zone boundary. The Planning Board may reduce the required distance from the closest residential zone boundary up to 50% where it can be demonstrated to the satisfaction of the Planning Board that the sign face of the billboard will not be visible to the adjacent residential zone district or where the sign face of the billboard is screened from the adjacent residential zone district as a result of a significant difference in grade, or where the presence of year-round vegetative buffer or a building or structure provides a visual barrier between the sign face and the adjacent residential zone district.

Digital. Digital billboards shall maintain a minimum distance of 500 feet from the closest residential zone boundary. The Planning Board may reduce the required distance from the closest residential zone boundary up to 50% where it can be demonstrated to the satisfaction of the Planning Board that the sign face of the billboard will not be visible to the adjacent residential zone district or where the sign face of the billboard is screened from the adjacent residential zone district as a result of a significant difference in grade, or where the presence of year-round vegetative buffer or a building or structure provides a visual barrier between the sign face and the adjacent residential zone district.

Dimension and height standards.

Double-faced and V-type billboard structures shall be treated as a single billboard; provided, however, that no billboard shall contain more than one sign panel facing the same direction of traffic. The maximum separation between sign panels shall not exceed an angle in excess of 75º between sign panels.

Except as otherwise specified herein, the maximum sign area shall not exceed 450 square feet.

The maximum height of the billboard structure shall be 25 feet along Route 46 and Route 206 as measured from the surface of the roadway. The maximum height for billboards oriented to Interstate 80 shall be determined at the time of site plan approval in accordance with NJDOT permit pursuant to N.J.A.C. 16:41C-1.1 et seq.

Dimension and height of any billboard structure facing Interstate 80 shall be determined at the time of site plan approval in accordance with NJDOT permit pursuant to N.J.A.C. 16:41C-1.1 et seq.

Digital billboard display standards.

Multiple-message signs shall contain a default design that will either freeze the sign in one position or cause the sign area to go blank if a malfunction occurs.

The change from one display to the next shall be completely accomplished within one second or less.

All displays shall remain fixed for an interval of at least eight seconds.

Multiple-message signs shall not display any image that is flashing, animated, moves, or appears to move. No multiple-message sign shall be illuminated by intermittent or moving light.

Maximum brightness levels shall not exceed 0.2 footcandle over ambient light levels as measured within 150 feet of the sign. Certification from a qualified expert shall be provided as part of testimony for site plan approval to demonstrate the sign is designed to automatically adjust the brightness so as to not exceed these levels.

Setbacks.

A billboard located on a lot having another principal building or structure shall maintain a minimum distance of 50 feet from said building or structure.

A billboard shall be set back from the right-of-way of Route 46 and Route 206, except as set forth in Subsection H(2)(f)[3] below, a minimum distance of 20 feet.

The minimum setback for any billboard facing Interstate 80 shall be in accordance with NJDOT permit pursuant to N.J.A.C. 16:41C-1.1 et seq.

No billboard shall be erected within a sight triangle at each quadrant of an intersection of streets and driveways in accordance with the standards set forth in § 550-62 of this chapter.

Site plan approval required. All billboard applications shall require site plan approval.

§ 550-96 Swimming pools.

No private residential pool shall be installed on any lot unless said lot shall contain a residence and said pool shall be accessory to the residence. Pools shall be set back a minimum of 15 feet from side and rear property lines. No pool shall be located in the required front yard area.

A pool shall occupy no more than the equivalent of 50% of the yard area in which it is located. The pool area shall include the water surface and the patio adjoining the pool.

Fencing shall be required as set forth in § 550-82 of this chapter.

§ 550-97 Trailers.

Parking on public property; unoccupied trailers.

It shall be unlawful within the limits of the Township of Mount Olive for any person to park any trailer on any street, road, avenue or highway or other public place or tract of land owned by any person, occupied or unoccupied, except as provided in this section.

Emergency or temporary stopping or parking is permitted on any street, avenue, road or highway for a period of three hours; but no trailer thus parked may be used as a dwelling place, abode or sleeping place.

Unoccupied trailers may be parked in an accessory garage or in a rear yard, provided that no living quarters are maintained within such trailers while so parked; and no permit shall be required or fee be charged for such parking.

Use as dwelling or sleeping place.

It shall be unlawful for anyone to use a trailer as a place of abode or as a dwelling or sleeping place within the limits of the Township of Mount Olive, except as provided by the zoning provisions of this chapter and as hereinafter provided and with the prior permission of the Mayor of Mount Olive Township.

The Mayor of Mount Olive Township may temporarily authorize a trailer to be used as a place of abode or as a dwelling or sleeping place, provided that the following preconditions have been established to the satisfaction of the Mayor:

The regular single-family dwelling house of said family has been destroyed or rendered uninhabitable by fire, flood, storm or other calamity.

Said regular single-family dwelling is located within Mount Olive Township.

The owner of said single-family dwelling intends to immediately undertake all essential repairs or the reconstruction of said dwelling which has been destroyed or rendered uninhabitable, in order to reoccupy the same for himself and his family.

It is not feasible nor practicable for the family whose single-family dwelling has been so destroyed or rendered uninhabitable to obtain suitable substitute temporary housing in Mount Olive Township during the time that said dwelling is being repaired or reconstructed.

The terms and conditions upon which the Mayor may authorize the use of a trailer as a place of abode or as a dwelling or sleeping place are as follows:

The use of such trailer shall be limited to a period of time as set by the Mayor or not to exceed 60 days, and said period of time may be extended for successive thirty-day intervals; provided, however, that the maximum period of time during which the trailer is used for occupancy shall not exceed a total of 180 days. The Mayor shall set such time limits considering the basic intent and requirements of this chapter.

The trailer shall be placed upon the property on which the dwelling was or is located and within the side and rear yard setback requirements of the Township Zoning Ordinances. The trailer may be located within the front yard of said premises if placed within the driveway limits of the property.

Each trailer so located shall have temporary connections to an approved septic system or Township sewage disposal system, and said temporary connection shall be approved by the Health Officer of the Township of Mount Olive.

Each trailer so located shall be temporarily connected to well facilities and/or public water facilities in a method approved by the Township Health Officer.

Temporary electrical connections to the trailer shall be approved by the local utility supplying electrical power and the Township's Fire Marshal.

All conditions in Subsection B(3) above, except for the condition in Subsection B(3)(a) establishing the maximum time for use of the trailer, may be waived by the Mayor upon the Mayor's determination that such requirement cannot feasibly be complied with, and further provided that the Mayor determines that the waiver of any condition will not cause a substantial detriment or hazard to the health, safety or general welfare of the public.

In the event that the Mayor denies a request by any resident of the Township for relief under any provision of this chapter, then, within 10 days of the date of such denial by the Mayor, the resident whose house has been destroyed or rendered uninhabitable may appeal the Mayor's denial to the Council by serving upon the Council a written notice of such appeal and serving the Mayor with a copy of said notice of appeal. Thereafter, the Council shall hold a hearing upon such appeal as expeditiously as feasible, and the Council shall render its decision upon said appeal by formal resolution setting forth the reasons for its determination. A vote of the majority of the full membership of the Council shall be required to overturn the determination of the Mayor.

The temporary permission to utilize a trailer as a place of abode or as a dwelling or sleeping place in accordance with this section shall not be deemed to be a permanent waiver of the Township's Land Use Ordinance, Building Code requirements, health ordinances or any other ordinance or legal requirement of the Township. The authority granted to the Mayor under this section is in the nature of an emergency authorization to temporarily waive certain ordinance requirements to deal with an emergency situation under the circumstances expressly set forth in this section.

Parking requirements.

It shall be unlawful to park any trailer in such a manner that it cannot readily be moved.

It shall be unlawful to park any trailer upon a permanent foundation.

No trailer or attached accessory structure may be parked closer than 10 feet to any side line or 20 feet to any rear boundary or 25 feet to any public street or right-of-way.

Compliance with provisions. Any trailer in use at the time of the adoption of this chapter shall, within 30 days, be made to comply with all the provisions of this chapter.

Violations and penalties. Any person who shall violate this section or any of its provisions shall, upon conviction thereof, be subject to a penalty as provided in § 550-3. Every day that such violation exists shall constitute a separate offense and be punishable as such hereunder.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 550-98 Transfer of development credits.

Purpose and authorization. In an effort to add flexibility to development proposals, to preserve land for public and agricultural purposes, to prevent development on environmentally sensitive areas and to aid in reducing the cost of providing streets, utilities and services in residential development, this section permits the owner of lands in certain residential districts to increase the density of development on that tract in exchange for dedicating separate and properly subdivided lots for either open space or other public use. This provision can also provide marketability for marginal lands in environmentally sensitive areas without increasing the overall population density within the Township.

Standards as to lands to be deeded.

The minimum lot size for the deeded lands for which credit is sought shall be 25 acres, unless the parcel for which credit is sought is to be joined to an already dedicated twenty-five acre or larger parcel, in which case the additional lot may be as small as 10% of the already dedicated parcel or three acres, whichever is greater.

The number of dwelling units received as credit for such dedicated lands shall be the number of standard units permitted in the district with the lower residential density as determined by a qualifying map showing a conventional subdivision layout. The following districts shall be permitted the transfer development credit option: RR-AA, RR-A, R-1 and R-2.

[Amended 3-23-1999 by Ord. No. 7-99]

Any lot for which credit is being sought shall be owned by the owner of the receiving tract which is under consideration for development and shall be deeded to the Township at the time of final approval of the development into which the credits are transferred. The deed shall contain restrictions as to the future use of the land by the Township, limiting those areas to open space, recreation, school sites or other public municipal use as permitted by law.

In those zoning districts permitting transfer of development credits (units), no transfer of credits shall be permitted where the receiving tract's proposed lot size is under one acre unless water and sanitary sewers are available for use. All water mains, culverts, storm sewers and sanitary sewers shall be properly connected with an approved system and shall be adequate to handle all present and reasonably foreseeable future development. The Township may require easements or rights-of-way of sufficient width along drainage and utility courses for vehicular access and maintenance needs.

Standards as to determination of acceptability. The Planning Board and the Township Council, in determining whether the lands proposed shall be dedicated or conveyed to the Township, shall be guided by the following standards:

The standards of Subsection B above shall be met.

Whether such dedication or conveyance and use of such credits will fulfill and promote the purposes set forth in Subsection A above.

In the case of lands proposed to be conveyed for public purposes (as contrasted with essentially critical areas lands):

Whether other lands available would better serve the stated purpose in the same area of the Township.

The period of time the proposed lands will remain unused or undeveloped for the public use and any attendant problems of maintenance of said lands during said period.

The impact of such proposed conveyance upon the taxpayers of the Township in respect to other lands held in public ownership (federal, state, county and local) and the proportion such total public ownership bears to the entire Township.

The potential effect of such conveyance upon the extension of utilities and other public facilities; whether removal of such lands from the possibility of private development may hinder public utility extension to privately held lands in the same areas.

The coexistence and interrelation of the proposed lands with other public lands, other public projects and the availability of capital funds.

Whether the impact of the population density involved would be better absorbed and accommodated, all in accordance with state law, by the transfer.

The suitability and adaptability of the lands for the purposes for which proposed shall be considered, including the physical characteristics, the geographic location of the persons proposed to be served thereby, the accessibility of such lands and ingress and egress thereto, any expenditures required to improve said lands or otherwise make them suitable for such use and all other similar factors which would be involved in a determination of whether or not to purchase such lands for such public purpose if the question were of purchase rather than acceptance for development credit.

A report may be sought from the Environmental Commission, Morris County Soil Conservation District, Board of Health, Recreation Committee or any other advisory committee, commission, board or body connected with the Township or otherwise which may have particular expertise relevant to consideration of the lands involved.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The proposed dedication and the premises to which the credits are to be transferred shall be evaluated in the light of the intent and purpose of the Master Plan of the Township and with consideration of underlying municipal land use regulations as set forth in the laws of this state.

Application to Planning Board. The applicant to the Planning Board shall simultaneously submit:

A plat showing the lands proposed to be dedicated or conveyed to the Township. Said plat shall show, with reasonable accuracy and with reference to the natural resources inventory if there be one (otherwise, the Master Plan shall be the guide), those portions which are critical area; the acreage of the same, together with the acreage of noncritical area portions; the zone district or districts in which they are located; the maximum number of credits sought; and such other data as may be required by the Planning Board.

The plat showing the proposed premises to which the development credits are to be transferred and, in general form, the manner in which such credits are proposed to be utilized. Where the application is made in conjunction with an application for a major subdivision, the subdivision sketch plat shall be used; or if not, to be part of such a subdivision, then the plat shall contain such information as would be required of such a sketch plat.

When applying for transfer of credits, the applicant shall also submit sketch plats of the properties as if they were to be developed under the regular zoning and subdivision ordinance provisions.

Referral of application to governing body.

If the Planning Board finds the application to be in order, it shall refer the same to the Township Council.

The Township Council shall, within 35 days of such referral to it, make its initial determination pursuant to this section, in the light of the standards set forth in Subsection C above.

Effect of Township determination.

A favorable decision by the Township Council shall constitute a finding only that the lands proposed to be dedicated or conveyed will be acceptable to the Township, provided that all of the requirements of the Planning Board are met within the time herein set forth. Such approval does not constitute approval of any subdivision nor does it exempt the applicant from his obligation to comply with all applicable ordinances. Such approval shall expire if the applicant does not take the next formal step before the Planning Board within 90 days of the date of Township Council approval, and the approval shall also expire if the applicant has not received formal preliminary approval of the applicable subdivision within one year from the date of approval by the Township Council. Such time limit may be extended by the Township Council for good cause shown, provided that application is made for an extension within the time limit.

As part of any such approval, the Township Planning Board shall establish, in accordance with the standards of this chapter, the maximum number of credits for which such parcel is eligible.

Any change in the size of the parcel to be conveyed to the Township (after initial approval by the Township Council) shall be subject to review by the Township Council, which may then either approve or reject such change.

A negative determination by the Township Council shall specify whether such determination involved the then-nonacceptability of the lands proposed to be conveyed or a rejection of the manner of lands to which such credits are proposed to be transferred, or both. A negative determination is considered to be a determination at that particular point in time and shall not preclude a later application for credits from the same, to be utilized in a different location, or for credits from different lands, to be utilized in the same proposed location.

Processing by Planning Board. The application shall be processed concurrent with the major subdivision with which it is associated. Approval by the Township Council pursuant to this subsection shall not bind the Planning Board to ultimate acceptance of the land or the use of credits therefrom.

Excess credits. There shall be no accumulation of development credits. If the plan presented by the applicant does not utilize all of the credits to which the land may be entitled, any excess credits shall be considered forfeited; provided, however, that if the parcel to be conveyed is of sufficient size so as to permit the subdivision therefrom of lands subject to the excess credits and if such subdivision parcel would conform to the zoning regulations and would not impair the use of the remaining lands to be conveyed, the Planning Board may permit such subdivision. Any such subdivision shall conform to the subdivision provisions but may be processed concurrently with the main application, contingent upon the granting of the main application.

Conditions attached to land proposed to be conveyed. As a condition for acceptance of lands proposed to be conveyed to the Township in exchange for transfer of development credits, the Planning Board may impose reasonable conditions upon the lands proposed to be conveyed.

Conveyance to Township.

Conveyance of such lands to the Township shall be by a deed in a form approved by the Township Attorney. There shall be submitted with such deed a title insurance policy insuring title to the parcel, which policy may contain only those exceptions approved by the Township and in such an amount as is equivalent to the fair market value of the property as determined by the Tax Assessor.

Where the lands to be conveyed to the Township have been in farm land assessment (N.J.S.A. 54:4-23 et seq.), the grantor shall pay all rollback taxes to the date of final approval; and no final approval shall be endorsed and no maps shall be signed until proof is submitted that all taxes on the parcel, including the rollback taxes, have been paid in full.

Undedication and development of lands received in exchange for development credits. Lots dedicated to public open space, school site or other public purposes may be undedicated and developed, provided that all the following conditions exist:

The lot has not been improved for public purposes.

A major public improvement has occurred which has directly improved the developability of the lot.

An equal or greater land area has been dedicated elsewhere in the Township in exchange for the lot being undedicated and developed, with no acreage credit for the previously dedicated land.

The replacement lot has the same opportunity to serve the intended purpose as the original lot.

§ 550-99 Yards.

No area set aside for the purpose of meeting front, side or rear yards for one building shall be considered as meeting the yard provisions of another building. On a lot extending through a block resulting in frontage on two or more streets, including corner lots, the building setback from each street shall not be less than the required front yard.

§ 550-100 Docks, piers and boathouses.

[Added 4-28-1998 by Ord. No. 5-98[1]; amended 11-23-2004 by Ord. No. 40-2004]

Purpose. The purpose of this section is to regulate the type and placement of structures on the waters of Budd Lake and on the shoreline thereof to ensure public safety and to preserve the natural beauty of the lake and views from surrounding areas.

General requirements.

No dock, pier or boathouse shall be constructed, enlarged or extended unless and until the owner secures the requisite permits and approvals as provided herein, In addition to local approval, plan review and permits may be required by the Department of Environmental Protection, Bureau of Inland Regulation prior to the issuance of any permits or approvals. Normal maintenance and repair shall not require reviews and/or permits.

No dock, pier or boathouse shall extend into the lake more than 50 feet from the lake line. In no event shall any dock, pier or boathouse extend into any dredged channel or waterway.

For the purpose of determining the exterior limits of docks, piers and main walks, any structure, including pilings driven independently of another structure, used for the mooring of boats shall be considered to be a part of a pier itself.

The top of any deck, pier or catwalk shall not be less than 14 inches from the high water elevation.

It shall be the responsibility of the owner of a dock, pier or boathouse to maintain said facility in good condition and free of litter and refuse. If said facility is in danger of becoming a hazard to residents, visitors, swimmers or boats or could adversely affect navigation by reason of structural members extending or floating into waterways, then the Township Planner or Engineer shall notify the owner to undertake repairs.

Nothing in this section shall be construed to waive the jurisdiction or remedies of the Planning Board, where applicable.

[Amended 10-28-2014 by Ord. No. 22-2014]

No dock, pier or boathouse shall have fuel-dispensing facilities, residential accommodations or commercial repair facilities.

All temporary docks/piers and components must be removed by December 1 of each year and cannot be put into the water until April 1 of each year.

Development controls for private docks and piers. No docks or piers shall be constructed, enlarged or extended and no permit shall be issued therefor except in compliance with the following requirements:

No dock or pier shall be located within 10 feet of a side lot line.

No combination of docks and boathouses shall occupy more than 15% of the water lot area; 5% for beach/lake line area.

No dock, pier or main walk shall have a width of less than four feet, exclusive of pilings or other structural members.

There shall be not more than one dock, pier or main walk for each lot or for each 100 feet of frontage.

The distance between docks or piers shall be a minimum of 12 feet.

No dock, pier or main walk shall provide permanent mooring facilities for more than four boats.

In cases where docks or piers are covered, the requirements shall be the same as those required for boathouses.

All docks/piers and components removed from the water must be in a secure place on land so as to avoid being blown back in or pushed back in or damaged by ice or other force.

Development controls for boathouses. No boathouse shall be constructed, enlarged or extended and no permit shall be issued therefor except in compliance with the following requirements:

No boathouse shall be located within 15 feet of a lot line.

No boathouse shall be closer than 30 feet to a neighboring pier or boathouse.

Any combination of docks, piers, main walks and boathouses shall not occupy more than 15% of the water lot area. In no case shall a boathouse alone exceed 10% of the water lot area.

There shall not be more than one boathouse for each lot.

Ingress and egress for boats shall be perpendicular to the lake line.

There shall be no living or sleeping accommodations or cooking or toilet facilities provided in any boathouse.

Development controls for quasi-public docks and/or piers. No quasi-public docks and/or piers shall be constructed, enlarged or extended and no permit shall be issued therefor except in compliance with the following requirements:

No dock, pier or main walk as part of a quasi-public dock or pier shall be located within 15 feet of a lot line, nor shall a quasi-public dock or pier be located closer than 25 feet to a neighboring dock or other like facility.

No quasi-public dock or pier shall occupy more than 25% of the water lot area.

No main walks shall be less than eight feet in width, and no catwalks shall be less than two feet in width.

In cases where piers are covered, the maximum height shall not exceed 15 feet above the high-water mark.

No boat or vessel or other floating structure which is moored at a quasi-public dock or pier may be utilized for overnight habitation.

Additional regulations.

No commercial marinas, commercial repair facilities or retail sales of goods and/or services are permitted.

Parking for any motor vehicle shall be restricted for the dock owner only and shall require approval of the administrative agency or the enforcement officer. There shall be no off-street parking along the lake line area if such parking poses a danger to public health, safety and welfare or to the environmental quality of Budd Lake. Determination shall be based upon findings of the Township Planner, Engineer and Police Department.

Safety regulations.

All docks/piers or components placed in the water between April 1 and December 1 must have six square inches of a reflective material on three sides of the farthest point from land.

All docks/piers and components left in between December 1 and April 1 must have six square inches of reflective material or bright flag, reflective in nature, approximately 36 inches off the water's/ice surface at the farthest point from land.

Anchoring. All docks/piers and components left in between December 1 and April 1 must be securely anchored. Examples are sections permanently anchored to land or mounted to footings through lake bottom.

Identification. All distinct sections of docks/piers and components, both permanent and temporary, must be identified with owner's name and dock location address.

Private parties cleanup. Private groups provide lake cleanup semiannually with the assistance of and sanctioned by the Township. Each year the group takes out boats, docks and other large pieces of debris and boat owners shall cooperate when requested.

Plan review procedure; fees.

No structure as defined in this chapter shall be constructed or otherwise set in the waters of Budd Lake or upon its lake line without either a zoning permit or site plan approval. If all requirements contained in this chapter are satisfied, the applicant shall be required to secure a zoning permit from the Planning Department. If deviation(s) from the prescribed standards are requested, the application will be assigned to the appropriate administrative agency to secure site plan and/or variance approvals.

It shall be the discretion of the Township Planner, Engineer or administrative agency to request detailed plans, including but not limited to property surveys and deeds and plans prepared by licensed architects and/or engineers, depending on the proposed structure.

Fees for administrative approval shall be the same as those for zoning permits. Where site plan and/or variance approval by the administrative agency is required, an application fee of $150 and a professional review fee of $200 shall be required.

New construction; reconstruction. Any new structure or any structure which is enlarged, either in total dimension or with additional boat slips, or where it is redesigned to or from a structure having pilings, footings or a flotation device, shall submit plans in accordance with Subsection K of this section. In addition, the Township Construction Official is authorized to require any additional plans or documentation necessary to satisfy the condition for building permits if deemed necessary.

Appeals. Where a dispute exists as to the determination of the Zoning Officer on the issuance of a permit, the applicant may bring an appeal to the Planning Board in accordance with the procedures established by law.

[Amended 10-28-2014 by Ord. No. 22-2014]

Exemptions. Public property shall be exempt from the provisions of this section. Any use of public property for water-related activities shall be reviewed by the Township Planning Board who shall submit a written report to the Mayor and Township Council containing any comments and recommendations in a timely manner.

Enforcement officer. The enforcement officer for purposes of this section shall be the Zoning Officer. In the process of enforcing this section, the Zoning Officer shall provide violators a reasonable opportunity to correct violations when the violation does not create an emergency to health or safety.

Violations and penalties. Violations of this section shall be subject to a penalty as provided in § 550-3, with each day that a violation exists to be treated as a separate violation.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

CANNABIS DELIVERY SERVICE

Editor's Note: This ordinance also repealed original Ch. 101, Dam Management, Art. I, Budd Lake Dam, of the 1990 Code, adopted 10-8-1991 by Ord. No. 26-91.

§ 550-100.1 Cannabis businesses prohibited.

[Added 5-4-2021 by Ord. No. 10-2021]

Definitions. For purposes of this chapter, the following definitions shall apply:

CANNABIS

All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2021, c. 16, for use in cannabis products as set forth in the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-31 et seq., but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2), and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

CANNABIS CULTIVATOR

Any licensed person or entity that grows, cultivates, or produces cannabis in this state, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.

Any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which, after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer.

CANNABIS DISTRIBUTOR

Any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities.

CANNABIS ESTABLISHMENT

A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.

CANNABIS MANUFACTURER

Any licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.

CANNABIS RETAILER

Any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer.

CANNABIS WHOLESALER

Any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers.

MEDICAL CANNABIS ORGANIZATIONS

Any person or entity licensed, or an applicant for a license, to operate as medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, clinical registrant or an alternative treatment center under the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.).

Cannabis establishments, distributors and delivery services prohibited.

Pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16) (N.J.S.A. 24:6I-45b), all cannabis establishments, cannabis distributors or cannabis delivery services are hereby prohibited from operating anywhere in the Township, except for the delivery of cannabis items and related supplies directly to a consumer for personal use by a New Jersey licensed cannabis delivery service having its licensed premises based at a location outside the geographic boundaries of the Township, and which the delivery of such cannabis items and related supplies is initiated from such licensed location.

This prohibition shall be read and construed to apply equally to any and all medical cannabis organizations holding a license, or applicants for such a license, issued under the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.), to the extent such medical cannabis organizations, or applicants for such licenses, seek to concurrently operate or to otherwise hold a Class 1 Cannabis Cultivator license, Class 2 Cannabis Manufacturer license, Class 3 Cannabis Wholesaler license, Class 4 Cannabis Distributor license, Class 5 Cannabis Retailer license and/or a Class 6 Cannabis Delivery license under Section 33 [N.J.S.A. 24:6I-46a(3)(a)(i) through 24:6I-46(3)(a)(iv)] of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act.

The concurrent operation of a Class 1 Cannabis Cultivator license, Class 2 Cannabis Manufacturer license, Class 3 Cannabis Wholesaler license, Class 4 Cannabis Distributor license, Class 5 Cannabis Retailer license and/or a Class 6 Cannabis Delivery license under Section 33 [N.J.S.A. 24:6I-46a(3)(a)(i) through 24:6I-46(3)(a)(iv)] of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act is hereby prohibited at any premises of a licensed medical cannabis organization, or applicant for such license, under the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.).

§ 550-100.2 Electric vehicle supply/service equipment.

[Added 5-2-2023 by Ord. No. 11-2023]

Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and make-ready parking spaces through municipal parking regulations and other standards. EVSE and make-ready parking spaces will support the state's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and stormwater runoff contaminants. The goals are to:

Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public.

Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.

Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.

Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.

Definitions. As used in this section, the following terms shall have the meanings indicated:

CERTIFICATE OF OCCUPANCY

The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), and regulations adopted pursuant thereto.

CHARGING LEVEL

The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:

Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt AC circuit.

Level 2 operates on a forty- to 100-amp breaker on a 208- or 240-volt AC circuit.

ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE

Direct-current fast charger (DCFC) operates on a sixty-amp or higher breaker on a 480-volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as "rapid charging stations" that are typically characterized by industrial-grade electrical outlets that allow for faster recharging of electric vehicles.

ELECTRIC VEHICLE

Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.

The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point-of-sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. EVSE may deliver either alternating current or, consistent with fast charging equipment standards, direct-current electricity. "EVSE" is synonymous with "electric vehicle charging station."

MAKE-READY PARKING SPACE

The prewiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct-current fast chargers. Make-ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a "plug and play" basis. "Make-ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et seq.).

PRIVATE EVSE

EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public) and any other EVSE not designated as a public EVSE parking location as per § 375-35.1A.

PUBLICLY ACCESSIBLE EVSE

EVSE that is available for use by the general public and is designated as a public EVSE parking location as per § 375-35.1A.

Approvals and permits.

An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.

EVSE and make-ready parking spaces installed pursuant to Subsection D below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection C(1) above.

All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.

The Zoning Officer shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of the Township of Mount Olive's land use regulations.

An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other Planning Board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the Zoning Officer, provided the application meets the following requirements:

The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;

All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and

The proposed installation complies with the construction codes adopted in or promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.

An application pursuant to Subsection C(5) above shall be deemed complete if:

The application, including the permit fee and all necessary documentation, is determined to be complete;

A notice of incompleteness is not provided within 20 days after the filing of the application; or

A one-time written correction notice is not issued by the Zoning Officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.

EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.

A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.

Requirements for new installation of EVSE and make-ready parking spaces.

As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:

Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least 1/3 of the 15% of make-ready parking spaces;

Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of make-ready parking spaces; and

Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of make-ready parking spaces.

Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.

Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.

As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection D(1) above shall:

Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.

Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.

Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.

Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.

Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.

In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.

Notwithstanding the provisions of this section, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.

Minimum parking requirements.

All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § 550-56 of the Township Code.

A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.

All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.

Additional installation of EVSE and make-ready parking spaces above what is required in Subsection D above may be encouraged, but shall not be required in development projects.

Reasonable standards for all new EVSE and make-ready parking spaces.

Location and layout of EVSE and make-ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.

Installation.

Installation of EVSE and make-ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.

Each EVSE or make-ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.

To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and make-ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

Each EVSE or make-ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

EVSE parking. Regulations regarding the use of EVSE and make-ready parking spaces, and penalties for violations of same, shall be governed by § 375-35.1 of the Township Code.

Safety.

Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection F(5) below.

Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with the Township of Mount Olive's ordinances and regulations.

Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the Township of Mount Olive shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.

The following requirements are subject to Township construction permit approval:

Adequate EVSE protection, such as concrete-filled steel bollards, shall be used for publicly accessible EVSE. Nonmountable curbing may be used in lieu of bollards if the EVSE is set back a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three feet to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.

EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection F(4)(d)[3] below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.

Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.

Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

Signs.

Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to, and visible from, the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.

All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.

Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection F(5)(b) above.

In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:

Hours of operation and/or time limits and identity of enforcement agent (municipality or owner/designee);

Usage fees and parking fees, if applicable; and

Contact information (telephone number) for reporting when the equipment is not operating or other problems.