[HISTORY: Adopted by the Borough Council
of the Borough of Alpine as Ch. XVII (Ord. No. 178) of the 1970 Revised
General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 35.
Building construction — See Ch. 79.
Uniform construction codes — See Ch. 97.
Fences — See Ch. 111.
Fire prevention — See Ch. 119.
Food establishments — See Ch. 123.
Junkyards — See Ch. 138.
Signs — See Ch. 177.
Site plan review — See Ch. 179.
Subdivision of land — See Ch. 195.
Swimming pools — See Ch. 198.
This chapter shall be known and may be cited
as the "Zoning Ordinance of the Borough of Alpine."
[Amended by Ord. No. 231; Ord. No. 292; Ord.
No. 501; Ord. No. 513]
For the purpose of this chapter, the definitions
of certain words and phrases shall be as follows:
Either a subordinate use of a building, structure or land
or a subordinate building or structure whose use is clearly incidental
to the principal use, which is customary in connection with the principal
use, and which is located on the same lot as the principal use.
An unfinished, uninhabitable area, without a fixed stairway
as a means of access and egress, between the ceiling joist of the
top story and the roof rafters.
[Added 6-24-2009 by Ord. No. 703]
The finished space between the top of the ceiling joist of
the next floor below and the roof rafters. It shall have a stairway
as a means of access and egress, and the ceiling area at a height
of seven feet above the attic floor shall not be more than 1/3 of
the area of the next floor below. A habitable attic shall be considered
a half-story.
[Added 6-24-2009 by Ord. No. 703]
A strip of land established to physically separate or screen
one use or property from an adjacent use or property so as to visually
shield or block noise, lights or other nuisances where the adjoining
uses are incompatible.
An area of land left in its natural state or landscaped and
kept in open space use in order to protect one type of use from another
land use that is incompatible.
Includes the word "structure."
Any day of the year, exclusive of Saturday, Sunday and legal
holidays.
[Added 6-27-2012 by Ord. No. 731]
The New Jersey Council on Affordable Housing.
[Added 3-22-2000 by Ord. No. 565]
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter, and upon the issuance of an authorization
therefor by the Planning Board, or, in the case of a "d" variance,
the Board of Adjustment.
A structure of wood or other material supported (in whole
or in part) by columns, posts or piers, whether attached to or separated
from any building or other structure located at or above ground level.
[Added 10-23-2013 by Ord. No. 737]
Money paid by an individual, person, partnership, association,
company or corporation for the improvement of property as permitted
in COAH's rules.
[Added 3-22-2000 by Ord. No. 565]
The value of a property determined by the Municipal Tax Assessor
through a process designed to ensure that all property in the municipality
is assessed at the same assessment ratio or ratios required by law.
Estimates at the time of issuance of a building permit may be obtained
utilizing estimates for construction costs. Final equalized assessed
value will be determined at project completion by the Municipal Tax
Assessor.
[Added 3-22-2000 by Ord. No. 565]
Any number of related individuals, or domestic help which
service such family, and living and cooking together as a single housekeeping
unit, or not more than two persons not related by blood, marriage
or adoption, lawfully occupying a dwelling unit and living as a single,
nonprofit housekeeping unit. Nothing herein contained shall prohibit
any occupancy mandated by N.J.S.A. 40:55D-1 et seq.
[1]A movable, solid barrier used for egress or ingress to a
garage. A single garage door shall not exceed a width of 10 feet.
No garage door shall exceed a height of 12 feet.
[Added 9-24-2003 by Ord. No. 606]
Any structure used for servicing or storing cars for pay
to the general public or any structure used for individual or private
purposes which does not conform to the definition of a private garage
as defined in this chapter. The term "public garage" shall be deemed
to include service stations.
A structure, either part of or accessory to a residential
building on the same lot, used for the storage of vehicles.
[Added 9-24-2003 by Ord. No. 606]
The final elevation of the ground level after development.
[Added 5-26-2004 by Ord. No. 637]
The elevation of the ground level in its natural state, before
construction, filling, or excavation.
[Added 5-26-2004 by Ord. No. 637]
The vertical distance measured from the average original
grade or the average finished grade of the proposed building, whichever
is lower, to the highest point of the roof, if the roof is flat, or
to a point that is half the distance between the plates and the top
of the ridge beam in the case of sloping roofs. The average original
grade of the proposed building shall be the average of the reported
original grade elevations for all corners and entrances of the proposed
building. The average finished grade of the proposed building shall
be the average of the reported finished grade elevations for all corners
and entrances of the proposed building. Excluded from the calculation
of building height shall be chimneys, steeples, handrails for widow’s
walks and other architectural features that are no greater than four
feet in height and which occupy no more than 5% of the total roof
area.
[Amended 5-26-2004 by Ord. No. 637]
A judgment issued by the Superior Court approving a municipality's
plan to satisfy its fair share obligation.
[Added 3-22-2000 by Ord. No. 565]
A parcel of land occupied or capable of being occupied by
one building and the accessory buildings or uses customarily incident
to it, including open spaces required by this chapter and excluding
land within officially recognized rights-of-way. The word "lot" also
includes the word "plot."
Any boundary line of a lot.
The boundary of a lot which is along an existing or dedicated
public street or, where no public street exists, is along a public
way; provided, however, that the front of a lot with frontage on two
or more roads shall be determined as follows:
[Amended 6-24-2009 by Ord. No. 703]
If the lot conforms to the zoning criterion of the minimum required
width with reference to each fronting street, the owner may select
which of such streets is the fronting street. This election shall
be made at the time of application for a building permit for the principal
building.
If either width is nonconforming, the front shall be deemed
to be on the street which has the least frontage; provided, however,
if the comparative frontages are within a range of 10 feet, the owner
may select which street shall be the fronting street.
Any lot line other than another front lot line on another
street which is opposite a front lot line but not necessarily the
same length as the front lot line.
Any lot line not a front lot line or a rear lot line.
A lot, the area, dimension or location of which, a structure,
the size, dimension or location of which, or a use or activity which
was lawful prior to the adoption, revision or amendment of this chapter,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
Includes the words "designed" or "intended to be used."
A structure of stone, brick, concrete, paving stone or similar
material, without a roof, used for an outdoor sitting area or recreational
purposes.
[Added 10-23-2013 by Ord. No. 737]
A horizontal timber for carrying the trusses of a roof or
the rafters.
[Added 5-26-2004 by Ord. No. 637]
The line of intersection at the top between the opposite
slopes or sides of a roof.
[Added 5-26-2004 by Ord. No. 637]
A roof with two slopes on each of four or more sides with
the lower slope steeper than the upper. If the area enclosed by a
mansard roof has a floor-to-ceiling height of more than six feet and
area of more than 1/3 of the next floor below, it shall be considered
a story.
[Added 6-24-2009 by Ord. No. 703]
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between the floor and the top
of the ceiling joist next above it, not including basements unless
they are a story above grade.
[Added 6-24-2009 by Ord. No. 703]
Any story having its finished floor surface entirely above
grade, except that a basement shall be considered as a story above
grade where the finished surface of the floor above the basement is
more than six feet above the finished ground level for more than 50%
of the total building perimeter.
[Added 6-24-2009 by Ord. No. 703]
See "attic," and "attic, habitable."
[Added 6-24-2009 by Ord. No. 703]
A determination by COAH approving a municipality’s
housing element and fair share plan in accordance with the provisions
of the Fair Housing Act and the rules and criteria as set forth herein.
A grant of substantive certification shall be valid for a period
of six years in accordance with the terms and conditions therein.
[Added 3-22-2000 by Ord. No. 565; amended 11-17-2003 by Ord. No. 625; 3-24-2004 by Ord. No. 630]
A space, unoccupied except as hereinafter provided, within
and extending the full width of the lot between the front line and
the parts of the building setting back from and nearest such line.
A space, unoccupied except as hereinafter provided, within
and extending a full width of the lot between the rear walls of the
main building and the rear lot line.
A space unoccupied, except as hereinafter provided, within
the lot and between a side lot line and the part of the building erected
thereon and nearest thereto. The side yard shall extend from the front
yard to the rear yard.
[1]
Editor's Note: The former definition of "garage,
private," which immediately followed this definition, was repealed
9-24-2003 by Ord. No. 606.
[Amended by Ord. No. 248; Ord. No. 254; Ord.
No. 292; Ord. No. 318]
A.
Districts established. For the purposes of this chapter,
the Borough of Alpine is divided into the following districts:
[Amended by Ord. No. 416; Ord. No. 443; Ord. No. 513; 4-28-2004 by Ord. No. 632]
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R-R District
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R-A District
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R-AA District
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R-1 District
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R-2 District
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R-2A District
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R-2B District
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R-2C District
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R-3 District
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R-4 District
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P District
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B (Buffer) District
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COAH-1
COAH-2
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B.
Boundaries. The boundaries of the above created districts
are hereby established as shown on the Zoning Map[1] dated April 23, 1979, and as amended by Ordinance No.
300, dated May 19, 1980, and as amended April 26, 1982, and as amended
by Ordinance No. 434, dated January 22, 1990, which Map is hereby
made a part of this chapter.
[Amended by Ord. No. 434; Ord. No. 450; Ord. No. 473; Ord. No. 513]
[1]
Editor's Note: The Zoning Map is on file in
the Borough offices.
C.
Limiting Schedule.[2]
[2]
Editor's Note: The Limiting Schedule is included at the end of this chapter.
D.
Limitation of coverage on land.
[Amended 5-23-2001 by Ord. No. 567; 10-25-2001 by Ord. No. 578]
(1)
All properties located in the Borough shall be subject
to the following maximum building coverage and maximum improved lot
coverage:
[Amended 4-28-2004 by Ord. No. 632]
|
Zone
|
Maximum Building Coverage
(%)
|
Maximum Improved Lot Coverage
(%)
|
Minimum Lot Area
(square feet)
| |
|---|---|---|---|---|
|
R-A
|
9%
|
25%
|
87,120
| |
|
R-AA
|
9%
|
25%
|
65,340
| |
|
R-1
|
9%
|
25%
|
40,000
| |
|
R-2
|
10%
|
20%
|
20,000
| |
|
R-2A
|
10%
|
20%
|
14,000
| |
|
R-2B
|
10%
|
20%
|
10,000
| |
|
R-2C
|
10%
|
20%
|
15,000
| |
|
R-3
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10%
|
20%
|
7,500
| |
|
R-4
|
10%
|
20%
|
10,000
| |
|
R-R
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9%
|
25%
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87,120
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COAH-1
|
See § 220-3D(5)
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COAH-2
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9%
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25%
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40,000
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(2)
Building coverage shall mean that portion of a lot
which is occupied by the principal building, which includes the total
horizontal area of the building at, above and below grade when viewed
in plan.
[Amended 11-23-2015 by Ord. No. 755]
(3)
Improved lot coverage shall mean the part of the site
that is covered by buildings, parking areas, driveways, pools, walkways
or paved ancillary surfaces such as decks, patios, tennis courts and
similar improvements and any other impervious surface.
(4)
Impervious coverage shall mean any surface that has
been compacted or covered with a layer of material so that it is highly
resistant to infiltration by water.
(5)
[3]In the COAH-1 District, the minimum distance between buildings shall be 30 feet and the minimum building setback to internal streets and driveways shall be 18 feet. In the COAH-1 District the maximum improved lot coverage may be 30% of the total land owned by such person or corporation erecting buildings in said District. In the COAH-2 District the maximum improved lot coverage shall comply with the limitation of coverage on land requirements set forth in Subsection D.
[3]
Editor's Note: Former Subsection D(5), regarding
the coverage limitations, which subsection immediately followed this
subsection, was repealed 2-26-2003 by Ord. No. 609. This ordinance
also redesignated former Subsection D(6) as Subsection D(5).
E.
Steep slopes.
[Added 5-28-1997 by Ord. No. 532]
(1)
Statement of purpose.
(a)
It is the express purpose of this subsection
to provide for special qualitative and quantitative development controls
for all lands located within the Borough of Alpine which have present
within their boundaries topographical conditions hereinafter defined
as "steep slopes." These special development controls are provided
in recognition of the potentially negative impacts of construction
in steep slope areas in the form of erosion, siltation, excessive
removal of vegetation and soil, flooding, soil slippage, water runoff
and destruction of unique land forms and predominant views. It is
further the purpose of this subsection to encourage good land use
planning and design and to maximize the best use of the natural terrain
and to maintain the critical land forms intact to the extent reasonably
possible and desirable.
(b)
Effective and reasonable application of these
regulations will protect the health, safety, and welfare of the citizens
of the Borough of Alpine, and the following purposes of the Municipal
Land Use Law are advanced (N.J.S.A. 40:55D-2) by these regulations:
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b.
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To secure safety from fire, flood, panic and
other natural and man-made disasters;
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g.
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To provide sufficient space in appropriate locations
for a variety of agricultural, residential, recreational, commercial
and industrial uses and open space, both public and private, according
to their respective environmental requirements in order to meet the
needs of all New Jersey citizens;
| |
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i.
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To promote a desirable visual environment through
creative development techniques and good civic design and arrangements;
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j.
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To promote the conservation of historic sites
and districts and districts open space, energy resources and valuable
natural resources in the state and to prevent urban sprawl and degradation
of the environment through improper use of land;
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(c)
Master Plan.
[1]
The 1994 Borough of Alpine Master Plan Update
recommended identification of steep slope areas and the Statement
of Objectives and Principles contained the following:
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9.
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To encourage good design, existing natural settings
and preservation of trees which will be compatible with surrounding
properties and with the high quality of residences in Alpine.
|
[2]
Furthermore, the 2002 Borough of Alpine Master
Plan reiterated the Borough's concern with protection of environmentally
sensitive features by including the following goal and associated
policy statement:
[Added 2-26-2003 by Ord. No. 609]
[a]
Goal: To ensure that any prospective development
is responsive to the borough's environmental features and is designed
to preserve the community's physical characteristics.
[b]
Policy statement: The Borough of Alpine seeks
to limit development to that which is sensitive to the community's
particular physical characteristics, and preserves the borough's sensitive
environmental features. In particular, the borough seeks to limit
development to that which preserves steeply sloped areas (defined
to include any slope of minimally 15% grade), wetlands, and floodplains,
and retains existing vegetation (particularly trees of a caliper of
six inches or more and clusters of trees which may be of lesser caliper
if determined appropriate). With respect to these areas of concerns:
[i]
The borough should require restitution
for all illegally removed trees.
[ii]
Borough policy seeks to encourage
the conservation of sites with particular environmental sensitivity,
especially those properties along Route 9W.
[iii]
It is specifically noted with
respect to steep slopes that slope zoning regulations should be applied
to each individual building lot in a development application.
[iv]
The borough takes cognizance of
the fact that there are numerous sites in the municipality that are
typified by extensive environmentally sensitive features and therefore
may not be able to accommodate its full zoned development potential.
(2)
Applicability. The requirements, guidelines, and controls promulgated under this subsection shall be applicable to all properties within all zone districts situated in the Borough of Alpine in their existing physical state or condition as of the date of the passage of this subsection. Said applicability shall apply only to new construction where said properties fall within 15% or greater slope area, except as provided for in Subsection E(5). This subsection shall further apply to building reconstruction where over 50% of any structure on a property or parcel of land is destroyed by fire or other natural occurrence or as a result of redevelopment and the entire footprint of said structure falls within a 15% or greater slope area.
(3)
DISTURBANCE
DISTURBANCE CONTROL CRITERIA
GRADE
(a)
(b)
GRADING
GRADING LIMITATIONS
SLOPE MEASUREMENT CRITERIA
(a)
(b)
(c)
STEEP SLOPE
TRANSITIONAL GRADING
Definitions. As used in this subsection, the following
terms shall have the meanings indicated:
Any physical activity which results in removal of vegetation,
modification of topography by cutting or filling, stripping of topsoil,
and/or placing of physical structures or improvements thereon.
The contour or surface of the ground.
ORIGINAL GRADEThe natural contour or surface of the ground before any disturbance.
FINISHED GRADEThe contour or surface of the ground at the completion of a project after any disturbance.
Any disturbance of the original grade by stripping, cutting,
filling, stockpiling, or any combination thereof.
The following slope measurement criteria shall serve as the
basic means of identifying and categorizing steep slopes as further
regulated under this subsection:
Vertical measurement: Vertical measurement shall
be determined utilizing two-foot contours as documented and determined
by on-site survey or the use of photogrammetric aerial topography.
Horizontal measurement: Horizontal measurement
shall be determined by use of an appropriate scale as required by
Borough site plan or subdivision ordinance[7] measuring a minimum horizontal section 30 feet in length.
Application of vertical and horizontal measurements:
The vertical and horizontal measurements are utilized to determine
the slope by measuring the vertical rise on the basis of two-foot
contours in a thirty-foot horizontal length.
Includes slopes in excess of 15% in gradient as measured
and documented in accordance with the "slope measurement criteria"
definition.
The disturbance in that area of land between the original
grade and the finished grade to accommodate roads, parking areas,
structures and other like improvements.
[5]
Editor's Note: This ordinance also repealed
the former definition of "adjusted density," which definition immediately
preceeded this definition prior to its redesignation from "density
control criteria" to "disturbance control criteria."
[6]
Editor's Note: The former definition of "permitted
density," which definition immediately followed this definition, was
repealed 2-26-2003 by Ord. No. 609.
(4)
Application procedure. For all subdivision plats,
site plans and applications for building permits, the following information
shall be submitted to the Borough Engineer for review:
(a)
Topography map showing existing contours at
two-foot intervals.
(b)
Areas clearly identified showing the following slopes as measured in a thirty-foot horizontal length pursuant to the definition of "slope measurement criteria" in Subsection E(3):
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35% or greater
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25.0% to 34.9%
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15.0% to 24.9%
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0.0% to 14.9%
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(c)
Calculations, in square footage and areas, of
amount of area in the various slope categories listed above.
(5)
Disturbance control criteria. To meet the purposes,
goals and standards set forth in this subsection only the following
disturbance and physical development activities shall be permitted:
[Amended 2-26-2003 by Ord. No. 609[8]]
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Column 1
Slope Category
(percent)
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Column 2
Grading Limitations
(percent)
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Column 3
Activity allowed
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|---|---|---|---|
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0.0% to 14.9%
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100%
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All construction allowed
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15.0% to 24.9%
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50%
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Only transitional grading or road construction
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25.0% to 34.9%
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30%
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Only transitional grading
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35.0% and above
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0%
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No disturbance allowed
|
[8]
Editor's Note: This ordinance also repealed
former Subsection E(5), Density Control Criteria and Computations,
which subsection immediately preceeded this subsection, and redesignated
former Subsection E(6) through E(9) as Subsection E(5) through E(8),
respectively.
(6)
Exemptions. All existing developed structures shall be exempt from this subsection, except as provided for in Subsection E(2).
(7)
Soil moving. Nothing herein shall be construed to affect the provisions of Chapter 185, Soil Fill and Soil Removal.
(8)
Planning Board jurisdiction and variances. Nothing
in this subsection shall be construed to limit the jurisdiction of
the Planning Board or Zoning Board of Adjustment over site plan approval
or to grant variances or waivers in accordance with the Municipal
Land Use Law, as amended.
[Amended by Ord. No. 378]
A.
Continuation of use. Any lawful nonconforming use,
or structure containing a lawful nonconforming use, existing on August
25, 1986, may be continued upon the lot or in the structure so occupied,
and any such structure may be restored or repaired in the event of
partial destruction.
B.
Expansion or change of use. A nonconforming use on
the premises in existence on August 25, 1986, shall not be expanded,
increased or enlarged and shall not be permitted to be changed to
any use other than a conforming use.
C.
Maintenance of structure. Normal maintenance of a
nonconforming structure, or of a structure containing a nonconforming
use, is permitted, including necessary repairs and incidental alterations,
provided that such repairs and alterations shall not increase the
degree of nonconformity of the structure nor extend the nonconforming
use.
D.
Alteration of structure. A structure containing a
nonconforming use may not be reconstructed or structurally altered
unless such structure is changed to be conforming.
E.
Reconstruction of structure. A building permit for
the reconstruction of any nonconforming use must be applied for within
six months from the time of partial destruction.
F.
Cessation of use. In the event there is a cessation
of operation of any nonconforming use, an intent to terminate is manifested
or the nonconforming use has been discontinued for a period of one
year, the same shall be deemed to be an abandonment of such nonconforming
use. Any subsequent exercise of abandoned nonconforming use shall
be deemed a violation of the terms of this section.[1]
A.
Permitted uses. Within the R-A, R-AA, R-1, R-2, R-2A,
R-2B, R-3 or R-4 Zones, no building or lot shall be used for any purpose
except the following:
[Amended by Ord. No. 249; Ord. No. 254; Ord.
No. 292]
(1)
A one-family detached dwelling with no boarders or
roomers.
(2)
A public park, public playground, public athletic
field, public museum, public library, firehouse or municipal building,
in each case owned or operated by the Borough.
(3)
Agricultural and horticultural land uses and the buildings
incidental to residence, provided that no accessory buildings or runs
for poultry or animals, no outdoor storage of fertilizer and manure
and no greenhouse heating plant be within 30 feet of any lot line.
B.
Accessory uses.
[Amended by Ord. No. 252]
(1)
Private garage, emergency shelters, customary recreational facilities, including family swimming pool, tennis courts, paddle courts, subject to § 220-13.
(2)
Recreational equipment shall be deemed to be such
as does not have any structure and being movable.
(3)
Other accessory uses.
(4)
No residence building shall be rented to or occupied
by more than two unrelated persons.
(5)
A wind energy conservation system is not a permitted
accessory use in any residential zone.
[Added 4-23-2003 by Ord. No. 613]
C.
Drainage control in the R-A, R-AA, R-1 and R-R Zone
Districts. Because of the slope and rocky soil condition of the land
in the R-A, R-AA, R-1 and R-R Zone Districts, and the liability caused
thereby of serious flooding, erosion and sedimentation when new buildings
are constructed unless special remedial and protective measures are
taken, the submission of a drainage plan and plan for control of erosion
and sedimentation and a stormwater management system prepared by a
design engineer in accordance with the provisions of N.J.A.C. 5:21-7,
et seq. shall be submitted to the Building Inspector with each application
for a building permit for a new construction or addition to existing
buildings. Such plans shall be reviewed by the Borough Engineer and
approved only if adequate provisions are found to be made to accommodate
a fifty-year design storm.
[Amended by Ord. No. 272; Ord. No. 278; 4-25-2001
by Ord. No. 587]
D.
Illumination of tennis courts, basketball courts,
platform tennis courts and similar areas of recreation.
[Amended by Ord. No. 276; Ord. No. 408]
(1)
Lighting standards. Lighting fixtures for tennis courts
and similar areas of recreation must comply with the following regulations:
(a)
Height. Light standards inclusive of fixtures
shall not exceed 25 feet in height above ground level, nor shall any
light fixture be installed more than 25 feet above ground level.
(b)
Glare.
[1]
"Glare" is the sensation produced by brightness
within the visual field that is sufficiently greater than the illumination
to which the eyes are adapted to cause annoyance, discomfort or loss
in visual performance and visibility. "Direct glare" is a glare resulting
from insufficiently shielded light sources in the field of view. No
direct glare shall be permitted. If required, the lights shall be
shielded by louvers, baffles or visors to restrict the maximum apex
angle of the cone of illumination to 135º. The upper apex of
the apex angle shall not exceed 75º from the horizontal. Shielding
on one side of the light may also be required.
[2]
At any point on any adjoining property the total
direct and indirect glare measured at a height of three feet above
ground level shall not exceed 0.2 of a footcandle over the combined
illumination of all other lighting on the premises and lighting from
any natural light source. The readings shall be made with a direct
reading, portable light meter held toward the source of light which
meter shall have been tested and calibrated by an independent commercial
photometric laboratory or the manufacturer of such meters within one
year prior to the date of use as attested by a certificate issued
by such laboratory or manufacturer.
(c)
Setback. Lighting fixtures must comply with the setback requirements for accessory buildings, as set forth in § 220-13F.
(d)
Hours. Lighting of a tennis court, basketball
court, platform tennis court or similar area of recreation is prohibited
between 10:00 p.m. and 7:00 a.m. the next day, local time, except
on Friday and Saturday when such lighting shall be prohibited from
11:00 p.m. to 7:00 a.m. the next day, local time.
(2)
Application requirements.
(a)
To whom made. All applications for lighting
of tennis courts, basketball courts, platform tennis courts and similar
areas of recreation must be made to the Zoning Officer.
(b)
Fees and deposits. Any person making an application
shall pay a nonreturnable fee of $200 accompanying such application.
In addition, the application shall be accompanied by a deposit of
$2,000 to cover the cost of review services provided by the Borough
Engineer, planning consultant, Borough Attorney, Zoning Board of Adjustment
attorney and other Borough personnel, the publication of notices and
other required expenses. The Borough Clerk shall place the deposit
in a trust account in the name of the applicant and shall charge thereto
all disbursements to professional consultants and Borough personnel
for review services. Any unused portion of the deposit shall be returned
to the applicant. If the cost of review services exceeds the amount
of deposit, sufficient additional funds shall be deposited before
any final approved plan is returned to the applicant.
(c)
Lighting plan. The application shall be accompanied
by a lighting plan duly certified by a licensed engineer which sets
forth the location and height of the lighting fixtures, and footcandles
on adjoining properties at three-foot heights, the location of the
measurement of the footcandles and the calculations utilized for the
measurement of the footcandles.
(d)
Review by Zoning Officer. The Zoning Officer
of the Borough shall review the application, make the necessary inspections
and may retain an expert to assist the Zoning Officer in making a
determination as to compliance with all the requirements of this subsection.
(3)
Permits. The Zoning Officer shall issue a building
permit when all fees have been paid or deposited and the plans and
intended uses indicate that the designed improvements will conform
to all of the requirements of this subsection. No certificate of occupancy
shall be issued until all improvements have been constructed and installed
in complete compliance with this subsection.
A.
Permitted uses. Within any R-R Zone no building or
lot shall be used for any purpose except the following:
[Amended by Ord. No. 184; Ord. No. 189]
(2)
Annual or permanent private membership golf clubs
having no more than 450 members in all classifications and incorporated
pursuant to the provisions of the Revised Statutes of New Jersey,
catering primarily to members and their guests subject to the following
provisions and requirements:
(a)
Facilities and uses. Such clubs may provide
facilities as parks, golf courses, playgrounds, tennis courts and
swimming pools; and auxiliary buildings, restaurants, bars and similar
facilities accessory thereto. No golf club may permit as part of its
activities bowling, shooting, horseback riding, roller skating, ice
skating on artificially created ice or any other sport not specified
herein, except that nothing contained herein shall be deemed to prohibit
a club from permitting the carrying on of the activities of croquet,
deck tennis, badminton, ice skating on naturally formed ice and indoor
table games. The outdoor tennis courts and golf facilities may be
used only during the period commencing at one hour after sunrise and
terminating at one hour after sunset. No artificial lighting shall
be used on the golf course.
(b)
Location. All buildings and facilities shall
be located and constructed in accordance with the following provisions:
the minimum size of the plot shall be 100 acres. No principal building,
principal structure or swimming pool shall be located nearer than
200 feet to any adjacent residential property or park area, whether
within or without the Borough, other than the property on which the
principal building, principal structure or swimming pool are to be
located; nor shall the same be located nearer than 100 feet to any
public street or boundary line; and no tee, green or fairway boundary
line shall be located nearer than 100 feet to any public street or
boundary line without application being made in either case to the
Board of Adjustment of the Borough in accordance with the statutes
in such cases made and provided, for a special exception from the
provisions of this section. In the event the Board of Adjustment finds,
after public hearing, that the location of any such principal building,
principal structure, or swimming pool nearer than the dimensions of
this chapter shall not adversely affect the intent and purpose of
the zone plan and zoning ordinance of the Borough, then and in such
case, the Board shall recommend to the Mayor and Council of the Borough
that the application be granted, and the Mayor and Council of the
Borough shall have the power to grant such a special exception upon
a specific finding by it, that the granting of such special exception
will not adversely affect the intent and purpose of the zone plan
and zoning ordinance of the Borough, nor will the granting of such
special exception and approval thereof interfere with the quiet enjoyment
of the adjacent properties in the affected area.
B.
Special uses.
[Amended by Ord. No. 184; Ord. No. 186]
(1)
Entertainment activities. Nothing contained in this
chapter shall be deemed to prohibit a golf club from conducting outdoor
entertainment activities on its premises for members and their guests.
When any entertainment activities, whether indoor or outdoor, permit
attendance by persons other than members and their guests, no activity
shall be held unless and until notification by registered or certified
mail, signed receipt, shall first be given to the Chief of Police
that the activity is to be conducted, giving to the Chief the date
when the activity shall take place, the time, and the estimated number
of persons expected to attend. Upon receipt of such notification,
the Chief of Police shall immediately notify the Mayor and Council
of the anticipated affair and the Mayor and Council shall then grant
approval for the holding of same, provided it finds that holding the
affair will not result in any excessive traffic problems, nor will
it interfere with the peace and quiet of property owners in the area
adjacent to or contiguous to the club. In the event the club is not
notified within 10 days after it has furnished the required notification
to the Chief of Police of its intention to hold an affair that its
application has been disapproved, its application to hold the affair
shall be deemed to be approved. In the event the Mayor and Council
do not approve the application, then notification shall be given to
the club setting forth the reasons for disapproval and the affair
may not be held unless and until the objections set forth in the reasons
for disapproval shall have been eliminated.
(2)
Noise in connection with club activities. The conduct
of any activity at any club which results in the emission of loud
noises that constitute a nuisance is expressly prohibited. Noise is
deemed to constitute a nuisance within this provision when the noise
level as measured at any point at a distance of 50 feet from the exterior
limits of the property exceeds 60 decibels above the reference level.
The reference level for noise measurement shall be the American Standards
Association standard sound pressure reference level of 0.0002 dyne
per square centimeter at 1,000 cycles. Instrumentation and methods
for the measurement of noise shall be in accordance with the standards,
set by the American Standards Association.
(3)
Exterior lighting. All exterior lighting shall not
cause unnecessary glare or interfere with the health and comfort of
any adjacent or contiguous property owners. Exterior lighting other
than that essential for the safety and convenience of the users of
the premises shall not be maintained without permission first being
obtained from the Mayor and Council. In considering applications for
lighting, permission may be granted upon the finding that the lighting
will not cause unnecessary glare or interfere with the health and
comfort of any adjacent or contiguous property owners. All lighting
on the site shall be so shielded that the source thereof will not
be visible from outside the site and so that there will be no objectionable
glare therefrom observable from outside the site.
(4)
Nonmember use. A club may be permitted to extend the
use of its facilities to civic, municipal, community and charitable
groups. Whenever any group shall desire to use the facilities of the
club, the club shall notify the Chief of Police of its intended use
setting forth in such notification the date or dates when it is proposed
to use the club, the type of affair to be held and the number of persons
anticipated to be present in connection with the affair.
(5)
Signs. No signs shall be permitted other than two
identification or directional signs with an area of not more than
12 square feet and not to exceed a height of eight feet above ground
level and each affixed to the entrance gate or wall, provided that
the same first be approved by the Mayor and Council. No such approval
shall be given unless the Mayor and Council find that the signs in
question will not adversely affect the surrounding area nor detract
therefrom.
(6)
Procedure. None of the uses permitted in this section shall be established or installed, nor shall any construction work be undertaken in connection therewith, until written application and plans have first been submitted to the Planning Board for its examination. The Planning Board shall apply the same practice and standards as provided for in Chapter 195, Subdivision of Land, and for a major subdivision, including, but not limited to, design and layout of buildings, entrance roads, provisions for drainage and sewerage, parking facilities and such other matters as the Planning Board may deem necessary or advisable for the proper development of the district. The Planning Board shall hold a public hearing on any application within 30 days from the date of such application and shall then transmit its formal findings and recommendations to the Mayor and Council for their actions. In the event of an unfavorable recommendation, the applicant shall have the right within 30 days from the date of such unfavorable recommendation to appeal to the Mayor and Council.
(7)
Subsequent changes. After such approval has been granted,
no material changes, alterations or additions to any structures or
improvements on the property involved shall be permitted without their
first having been approved in the same manner as aforesaid.
(8)
Sleeping accommodations. Nothing contained in this
chapter shall be deemed to prohibit any golf club from having therein
sleeping accommodations for its members and guests as transients only
and not as permanent occupants (permanent occupancy being expressly
prohibited), provided, however, that no more than 60 rooms, single
or double, having no cooking facilities whatsoever, may be maintained
on the property for members and their guests, and no more than 10
rooms, having no cooking facilities, may be maintained therein for
employees of the club, without application first being made for special
exception from the provisions of this section to the Zoning Board
of Adjustment of the Borough in accordance with the statutes in such
cases made and provided. If, after public hearing, the Zoning Board
of Adjustment, upon the application for a special exception from the
provisions of this section, shall find that the granting of a special
exception will not substantially impair the intent and purpose of
the zone plan and zoning ordinance of the Borough, it shall thereupon
recommend to the Mayor and Council that such special exception be
granted and the Mayor and Council shall have the power to grant such
special exception upon finding by it that the granting of such special
exception will not substantially impair the zone plan and zoning ordinance,
nor will the granting of such special exception interfere with the
quiet enjoyment of the adjacent properties in the affected area. Any
clubhouse or structure containing sleeping accommodations erected
in connection with a golf course located in an R-R District shall
be wholly within the confines of the Borough.
(9)
Sewerage charges. If, in connection with the construction
of a golf clubhouse or any other facilities, it becomes necessary
to tie-in to the sewerage system of any adjacent municipality and
permission for such a tie-in is obtained, it shall be the obligation
of the operator of the golf club to pay any and all tie-in charges
and any and all service charges of any kind, nature or description
whatsoever which may be imposed by the adjacent municipality. In the
event such charges shall be made to the Borough the operator of the
golf club shall pay, in addition to the annual taxes to be assessed
against such club, the cost of all tie-in and/or service charges.
(10)
Other provisions. All operations of or at any golf
club shall be so conducted that the same will not cause or result
in any of the following at any time:
(a)
Dissemination of noise other than of types that
are normal to a residential neighborhood, vibration or electronic
interference beyond the boundaries of the site of such establishment.
(b)
Dissemination of odor, dust, smoke, observable
gas or fumes or other atmospheric pollutant.
(c)
Hazard of fire, explosion or any similar physical
hazard.
[Amended by Ord. No. 416]
[Amended by Ord. No. 292; Ord. No. 380]
The zone shall apply to lands owned and used for public purposes on a permanent basis by municipal, county and state governments and agencies. No specific requirements are established in this section as to height and bulk of buildings and related requirements, but any development plan shall be submitted to the Planning Board for an advisory review. The design standards and such site improvements as are related to Borough facilities are as provided in Chapter 179, Site Plan Review.
[Amended by Ord. No. 513]
B.
Location and setback. The B Buffer Zone will extend
along the length of Route 9W in the Borough of Alpine, as indicated
on the Zoning Map. The B Zone shall extend 200 feet to the west of
the westerly right-of-way limit of Route 9W.
C.
Access. Reverse frontage with no vehicular access
to Route 9W shall be used to the maximum extent possible, subject
to Board of Adjustment approval. Any access driveway that is provided
shall be limited to the minimum disturbance of the buffer zone.
D.
Landscaping. In areas where land is still in its natural state within the buffer, the area shall be left in its natural state, except as otherwise noted in Subsection E. Where the Board of Adjustment determines that landscaping is to be provided, plantings shall be provided to form an effective year-round visual and noise screen within the buffer zone.
E.
Development and utilities. The buffer zone may only
be used for public or private natural conservation areas except for
the purposes of installing utility connections subject to a finding
by the Board of Adjustment that the disturbance to buffer zone is
minimized to the extent practicable. The Board of Adjustment shall
determine that if landscaping is to be provided in conjunction with
a utility connection, the plantings shall be provided to form an effective
year-round visual and noise screen within the buffer zone.
F.
Calculation of bulk requirements. In the event that
a property is partly located in the B Buffer Zone and partly in any
R Zone District, then that portion of the property located in the
B Buffer Zone shall be used for the purpose of computing coverage,
rear yard and other bulk requirements referred to in this chapter
for purposes of compliance with the appropriate R Zone District requirements.
[Amended by Ord. No. 501]
A.
Permitted in certain zones. Houses of worship shall
be permitted as a conditional use in the following zone districts:
R-A, R-AA, R-1, R-2, R-2A and R-2B Residence Zones; R-R Residence-Recreational
Zone.
B.
Traffic access. In order to provide for adequate traffic
flow and safety, access for all houses of worship shall only be provided
from the following streets:
|
Route 9W (Palisades Boulevard)
|
C.
Bulk regulations. Houses of worship shall comply with
the following schedule of bulk regulations:
|
Minimum lot area
|
5 acres
| |
|---|---|---|
|
Minimum lot width
|
450 feet
| |
|
Minimum lot depth
|
450 feet
| |
|
Minimum front yard
|
200 feet
| |
|
Minimum side yard
|
100 feet each
| |
|
200 feet both
| ||
|
Minimum rear yard
|
200 feet
| |
|
Maximum building height
|
35 feet (2 1/2 stories)
| |
|
Maximum building coverage
|
10%
| |
|
Maximum impervious coverage
|
25%
|
D.
Buffer strip. A buffer strip of 100 feet in width
shall be required in any yard abutting a residential use or a lot
used for residential purposes.
(1)
Such buffer area shall be planted in at least two
rows of evergreen trees at a minimum height of eight feet to 10 feet
in a staggered fashion so that the trees in one row will be placed
in a position so as to obstruct vision between the trees in the other
row. Whenever there are existing wooded areas within said buffer area,
the Board may, in its discretion, waive the requirement for said planting
of evergreen trees. Any additional plantings shall avoid disturbance
of any existing vegetation on the project site.
(2)
The buffer strip, once installed, shall be properly
maintained so that there will be continuance of the landscaping elements
originally required.
E.
Accessory uses. Permitted accessory uses to be located
within the principal building shall include only storage areas. Accessory
structures shall not be permitted.
F.
Signs. Each house of worship shall be permitted one
sign not to exceed 12 square feet in area plus customary traffic directional
signs, as needed and limited to standard traffic moving instructions
such as "stop," "do not enter," "one-way," etc.
G.
Lighting. Any outdoor illumination or lighting of
houses of worship or accessory parking or recreation areas shall be
subject to Board approval in order to protect adjoining residences
from excessive glare.
H.
Off-street parking. Off-street parking shall be provided in accordance with the provisions contained in § 220-17C(5).
I.
Residential use. No person shall reside on the lot
where the house of worship use is located.
[Added 7-22-1996 by Ord. No. 525]
This section of the Alpine Code sets forth regulations
regarding low- and moderate-income housing units in Alpine that are
consistent with the provisions of N.J.A.C. 5:93 et seq. as effective
on June 6, 1994. These rules are pursuant to the Fair Housing Act
of 1985 and Alpine's constitutional obligation to provide for its
fair share of low- and moderate-income housing.
A.
Alpine's new construction or inclusionary component
will be divided equally between low- and moderate-income households
as per N.J.A.C. 5:93-2.20.
B.
Except for inclusionary developments constructed pursuant
to low-income tax credit regulations:
(1)
At least 1/2 of all units within inclusionary
development will be affordable to low-income households;
(2)
At least 1/2 of all rental units will be affordable
to low-income households; and
(3)
At least 1/3 of all units in each bedroom distribution
pursuant to N.J.A.C. 5:93-7.3 will be affordable to low-income households.
C.
Inclusionary developments that are not restricted
to senior citizens will be structured in conjunction with realistic
market demands so that:
(1)
The combination of efficiency and one-bedroom units
is at least 10% and no greater than 20% of the total low- and moderate-income
units; and
(2)
At least 30% of all low- and moderate-income housing
units are two-bedroom units; and
(3)
At least 20% of all low- and moderate-income units
are three-bedroom units; and
(4)
Low- and moderate-income units restricted to senior
citizens may utilize a modified bedroom distribution. At a minimum,
the number of bedrooms will equal the number of senior citizen low-
and moderate-income units within inclusionary development.
D.
In conjunction with realistic market information,
the following criteria will be used in determining maximum rents and
sale prices:
(1)
Efficiency units will be affordable to one-person
households; and
(2)
One-half of all one-bedroom units will be affordable
to one-person households and 1/2 of all one-bedroom units will
be affordable to two-person households; and
(3)
One-half of all two-bedroom units will be affordable
to two-person households and 1/2 of all two-bedroom units will
be affordable to three-person households; and
(4)
One-half of all three-bedroom units will be affordable
to four-person households and 1/2 of all three-bedroom units
will be affordable to five-person households; and
(5)
Median income by household size will be established
by a regional weighted average of the uncapped Section 8 income limits
published by HUD as per N.J.A.C. 5:93-7.4(b); and
(6)
The maximum average rent and price of low- and moderate-income
units within each inclusionary development will be affordable to households
earning 57.5% of median income; and
(7)
Moderate income sales units will be available for
at least three different prices and low-income units will be available
for at least two different prices; and
(8)
For both owner-occupied and rental units, the low-
and moderate-income units will utilize the same heating source as
market units within an inclusionary development; and
(9)
Low-income units will be reserved for households with
a gross household income less than or equal to 50% of the median income
approved by COAH; moderate-income units will be reserved for households
with a gross household income less than 80% of the median income approved
by COAH as per N.J.A.C. 5:93-9.16; and
(10)
The regulations outlined in N.J.A.C. 5:93-9.16;
and
E.
For rental units, developers and/or municipal sponsors
may:
(1)
Establish one rent for a low-income unit and one for
a moderate-income unit for each bedroom distribution; and
(2)
Gross rents, including an allowance for utilities,
will be established so as not to exceed 30% of the gross monthly income
of the appropriate household size as per N.J.A.C. 5:93-7.4(a). The
tenant-paid utility allowance will be consistent with the utility
allowance approved by HUD for use in New Jersey.
F.
For sale units:
(1)
The initial price of a low- and moderate-income owner-occupied,
single-family housing unit will be established so that after a downpayment
of 5%, the monthly principal, interest, homeowners' insurance, property
taxes (based on the restricted value of the low- and moderate-income
unit) and condominiums or homeowner fee do not exceed 28% of the eligible
gross monthly income; and
(2)
Master deeds of inclusionary developments will regulate
condominium or homeowner association fees or special assessments of
low- and moderate-income purchasers at 1/3 of that paid by market
purchasers. This 1/3 percentage is consistent with the requirement
of N.J.A.C. 5:93-7.4(e). Once established within the master deed,
the percentage will not be amended without prior approval from COAH;
and
(3)
The Borough of Alpine will follow the general provisions
concerning uniform deed restriction liens and enforcement through
certificates of occupancy or reoccupancy on sale units as per N.J.A.C.
5:93-9.3; and
(4)
Alpine will require a certificate of reoccupancy for
any occupancy of a low- and moderate-income sales unit resulting from
a resale as per N.J.A.C. 5:93-93(c); and
(5)
Municipal, state, nonprofit and seller options regarding
sale units will be consistent with N.J.A.C. 5:93-9.5 to 9.8. Municipal
rejection of repayment option for sale units will be consistent with
N.J.A.C. 5:93-9.9; and
(6)
The continued application of option to create, rehabilitate
or maintain low- and moderate-income sale units will be consistent
with N.J.A.C. 5:93-9.10; and
(7)
Eligible capital improvements prior to the expiration
of controls on sale units will be consistent with N.J.A.C. 5:93-9.11;
and
(8)
The regulations detailed in N.J.A.C. 5:93-9.12 to
9.14 will be applicable to low- and moderate-income units that are
for sale units.
G.
In zoning for inclusionary developments the following
is required:
(1)
Low- and moderate-income units will be built in accordance
with N.J.A.C. 15:93-5.6(d):
|
Minimum of Low-/Moderate-Income Units
Completed
|
Percentage of Market Housing Units Completed
| |
|---|---|---|
|
0
|
25%
| |
|
10
|
25% + 1 unit
| |
|
50
|
50%
| |
|
75
|
75%
| |
|
100
|
90%
| |
|
____
| ||
|
100%
|
(2)
A design of inclusionary developments that integrates
low- and moderate-income units with market units is encouraged as
per N.J.A.C. 5:93-5.6(e).
H.
To provide assurance that low- and moderate-income
units are created with controls on affordability over time and that
low- and moderate-income households occupy these units.
(1)
In addition, the administrative or municipal authority
will be responsible for utilizing the verification and certification
procedures outlined in N.J.A.C. 5:93-9.1(b) in placing households
in low- and moderate-income units; and
(2)
Newly constructed low- and moderate-income sales units
will remain affordable to low- and moderate-income households for
at least 30 years. The administrative or municipal authority will
require all conveyances of newly constructed units to contain the
deed restriction and mortgage lien adopted by COAH and referred to
as Appendix E as found in N.J.A.C. 5:93; and
(3)
Housing units created through the conversion of a
nonresidential structure will be considered a new housing unit and
will be subject to thirty-year controls on affordability. The administrative
agency or municipal authority will require an appropriate deed restriction
and mortgage lien subject to COAH's approval.
I.
Regarding rehabilitated units:
(1)
Rehabilitated owner-occupied single-family housing
units that are improved to code standard will be subject to affordability
controls for at least six years; and
(2)
Rehabilitated renter-occupied housing units that are
improved to code standard will be subject to affordability controls
for at least 10 years; and
J.
Regarding rental units:
(1)
Newly constructed low- and moderate-income rental
units will remain affordable to low- and moderate-income households
for at least 30 years. The administrative agency or municipal authority
will require an appropriate deed restriction and mortgage lien subject
to COAH's approval;
(2)
Affordability controls in accessory apartments will
be for a period of at least 10 years, except if the apartment is to
receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.13, then
the controls on affordability will extend for 30 years; and
(3)
Alternative living arrangement will be controlled
in a manner suitable to COAH, that provides assurance that such a
facility will house low- and moderate-income households for at least
10 years; except that, if the alternative living arrangement is to
receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.13, then
the controls on affordability will extend for 30 years.
K.
Section 14(b) of the Fair Housing Act, N.J.S.A. 52:27D-301
et seq., incorporates the need to eliminate unnecessary costs generating
features from Alpine's land use ordinance. Accordingly, Alpine will
eliminate development standards that are not essential to protect
the public welfare and to expedite or fast-track municipal approvals/denials
on inclusionary development applications. The Borough of Alpine will
adhere to the components of N.J.A.C. 5:93-10.1 to 10.3.
L.
The Borough of Alpine has a fair share obligation
of 32 units to be satisfied by 16 units to be developed by a Regional
Contribution Adjustment with the balance of 16 units to be satisfied
by the Borough constructing eight low and moderate rental units, not
aged restricted.
[Amended 12-20-2000 by Ord. No. 581]
(1)
The affirmative marketing plan is a regional marketing
strategy designed to attract buyers and/or renters of all majority
and minority groups, regardless of sex, age or numbers of children,
to housing units which are being marketed by a developer/sponsor,
municipality and/or designated administrative agency of affordable
housing. The plan will address the requirements of N.J.A.C. 5:93-11.
In addition, the plan prohibits discrimination in the sale, rental,
financing or other services related to housing on the basis of race,
color, sex, religion, handicap, age, familial status/size or national
origin. The Borough of Alpine is in the housing region consisting
of Bergen, Passaic, Hudson and Sussex Counties. The affirmative marketing
program is a continuing program and will meet the following requirements:
All newspaper articles, announcements and requests for applications
for low- and moderate-income units will appear in the following newspapers
and publications: The Record.
(2)
The primary marketing will take the form of at least
one press release sent to the above publications and a paid display
advertisement in each of the above newspapers. Additional advertising
and publicity will be on an "as needed" basis.
(3)
The advertisement will include a description of the
street address of units, direction to housing units, number of bedrooms
per unit, range of prices/rents, size of units, income information,
and location of applications including business hours and where/how
applications may be obtained.
(4)
All newspaper articles, announcements and requests
for applications for low- and moderate-income housing will appear
in publications such as neighborhood-oriented weekly newspapers, religious
publications and organizational newsletters within the region. Regional
radio and/or cable television station(s) will also be used.
(5)
The following is the location of applications, brochure(s),
sign(s) and/or poster(s) used as part of the affirmative marketing
program including specific employment centers within the region: Posting
of notices in the Borough Hall, and delivery of notices to the municipal
clerks of all municipalities in the region.
(6)
The following is a listing of community contact persons
and/or organizations in Alpine that will administer the program and
will aid in the affirmative marketing program with particular emphasis
on contacts that reach out to groups that are least likely to apply
for housing within the region: land use administrator, county housing
office and houses of worship.
(7)
Quarterly flyers and applications will be sent to
each of the following agencies for publication in their journals and
for circulation among their members: Board of Realtors in Bergen,
Hudson, Passaic and Sussex counties.
(8)
Applications will be mailed to prospective applicants
upon request.
(9)
Additionally, quarterly informational circulars and
applications will be sent to the chief administrative employees of
each of the following agencies in the counties within Alpine's region:
welfare or social service board, rental assistance office (local office
of DCA), Office on Aging, libraries and housing agency authority in
each of the counties within Alpine's housing region.
(10)
A random selection method will be used to select
occupants of low- and moderate-income housing.
(11)
The land use administrator shall administer
the affirmative marketing program. The land use administrator has
the responsibility to income qualify low- and moderate-income households;
to place income eligible households in low- and moderate-income units
upon initial occupancy; to provide for the initial occupancy of low-
and moderate-income units with income qualified households; to continue
to qualify households for reoccupancy of units as they become vacant
during the period of affordability controls; to assist with advertising
and outreach to low- and moderate-income households; and to enforce
the terms of the deed restriction and mortgage loan as per N.J.A.C.
5:93-9.1.
(12)
Households who live or work in the COAH established
housing region may be given preference for sales and rental units
constructed within that housing region. Applicants living outside
the housing region will have an equal opportunity for units after
regional applicants have been initially serviced. The Borough of Alpine
intends to comply with N.J.A.C. 5:93-11.7.
(13)
All developers of low- and moderate-income housing
units will be required to assist in the marketing of the affordable
units in their respective developments.
(14)
The marketing program will commence at least
120 days before the issuance of either temporary or permanent certificates
of occupancy. The marketing program will continue until all low- and
moderate-income housing units are initially occupied and for as long
as affordable units are deed restricted and occupancy or reoccupancy
of units continues to be necessary.
(15)
The land use administrator will comply with
monitoring and reporting requirements as per N.J.A.C. 6:93-11.6 and
12.1.
[Added 12-17-1997 by Ord. No. 538; amended 5-26-1999 by Ord. No.
553; 6-27-2007 by Ord. No. 678]
A.
ALPINE COMMUNITY
ANTENNA
ANTENNA SUPPORT STRUCTURE
COLLOCATION
TELECOMMUNICATIONS TOWER
WIRELESS COMMUNICATIONS
WIRELESS TELECOMMUNICATIONS EQUIPMENT FACILITIES (WTEF)
WIRELESS TELECOMMUNICATIONS FACILITIES (WTF)
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The Borough of Alpine, in the County of Bergen, and State
of New Jersey.
A system of electrical conductors that transmit or receive
radio frequency signals for wireless communications.
A structure other than a telecommunications tower which is
attached to a building and on which one or more antennas are located.
Use of a common WTF or a common site by two or more wireless
license holders or by one wireless license holder for more than one
type of communications technology and/or placement of a WTF on a structure
owned or operated by a utility or other public entity.
A freestanding structure on which one or more antennas are
located, including lattice towers, guyed towers, monopoles and similar
structures.
Any wireless services as defined in the Federal Telecommunications
Act of 1996 (FTA) which includes FCC licensed commercial wireless
telecommunications services including cellular, personal communication
services (PCS), specialized mobile radio (SMR), enhanced specialized
mobile radio (ESMR), paging, and similar services that currently exist
or that may in the future be developed. It does not include any amateur
radio facility that is owned and operated by a federally licensed
amateur radio station operator or is used exclusively for receive
only antennas, nor does it include noncellular telephone service.
Accessory facilities serving and subordinate in area, extent
and purpose to, and on the same lot as, a telecommunications tower
or antenna location. Such facilities include, but are not limited
to, transmission equipment, storage sheds, storage buildings, and
security fencing.
Facilities for the provision of wireless communications services,
including, but not limited to, antennas, antenna support structure,
telecommunications towers, and related facilities other than WTEFs.
B.
Purpose and goals. The purpose of this section is
to provide sound land use policies, procedures and regulations for
personal wireless telecommunications facilities to protect the Alpine
community from the visual or other adverse impacts of these facilities,
while encouraging their unobtrusive development to provide comprehensive
wireless telecommunications services in the Alpine community with
its benefits to residents and businesses. The section expresses a
preference that antennas be located on existing buildings and towers,
preferably on municipal or other public property, and not on newly
constructed telecommunications towers; and encourages collocation
and site sharing of new and existing WTFs.
C.
Conditional use standards. All WTFs and WTEFs shall be located to minimize visual impacts on the surrounding area in accordance with the following standards. In applying these standards, locations in a higher priority category under Subsection D shall be deemed more acceptable than lower priority sites.
(1)
General.
(a)
Sites for WTFs and WTEFs must demonstrate that
they provide the least visual impact on residential areas and public
way. All potential visual impacts must be analyzed to illustrate that
the selected site provides the best opportunity to minimize the visual
impact of the proposed facility.
(b)
WTEFs should be located to avoid being visually
solitary or prominent when viewed from residential areas and the public
way. The facility should be obscured by vegetation, tree cover, topographic
features and/or other structures to the maximum extent feasible.
(c)
WTFs and WTEFs shall be placed to ensure that
historically significant viewscapes, streetscapes, and landscapes
are protected. The views of and vistas from architecturally and/or
significant structures should not be impaired or diminished by the
placement of telecommunication facilities.
(2)
Height standards. Where permitted, WTFs may exceed
the maximum building height limitations, provided the height has the
least visual impact and is no greater than required to achieve service
area requirements and potential collocation, when visually appropriate.
WTEFs are limited to 12 feet in height.
(3)
Setback standards.
(a)
All WTFs and WTEFs shall be subject to the minimum
yard requirements of the zoning district in which they are located,
provided the minimum setback may be increased where necessary to address
safety concerns.
(b)
If WTEFs are located on the roof of a building,
the area of the WTEFs and other equipment and structures shall not
occupy more than 25% of the roof area.
(4)
Fencing and other safety devices. WTFs and WTEFs shall
be surrounded by a security features such as a fence. All towers shall
be designed with anticlimbing devices in order to prevent unauthorized
access. Additional safety devices shall be permitted or required,
as needed, and as approved by the Planning Board.
(5)
Landscaping. Landscaping shall be provided along the
perimeter of the security fence to provide a visual screen or buffer
for adjoining private properties and the public right-of-way. Required
front yard setback areas shall be landscaped. All WTEFs shall be screened
by an evergreen hedge eight to 10 feet in height at planting time
and/or a solid fence eight feet in height.
(6)
Activity and access. All equipment shall be designed
and automated to the greatest extent possible in order to reduce the
need for on-site maintenance and thereby to minimize the need for
vehicular trips to and from the site. Access shall be from established
site access points whenever possible. Minimal off-street parking shall
be permitted as needed and as approved by the Planning Board.
(7)
Dish antennas. Dish antennas shall be colored, camouflaged
or screened to make them as unobtrusive as possible, and in no case
shall the diameter of a dish antenna exceed six feet.
(8)
Lighting. No lighting is permitted except as follows:
(a)
WTEFs enclosing electronic equipment may have
security and safety lighting at the entrance, provided that the light
is attached to the facility, is focused downward and is on timing
devices and/or sensors so that the light is turned off when not needed
for safety or security purposes; and
(b)
No lighting is permitted on a WTF except lighting
that specifically is required by the Federal Aviation Administration
(FAA), and any such required lighting shall be focused and shielded
to the greatest extent possible so as not to project towards adjacent
and nearby properties.
D.
Locational priority. If needed in accordance with
an overall comprehensive plan for the provision of full wireless communications
service within the Borough of Alpine, WTFs and WTEFs shall be permitted
as a conditional use at the following prioritized locations:
(1)
The first priority location in all zones shall be
on lands or structures owned by the Borough of Alpine;
(2)
The second priority location shall be collocation
on existing WTFs (or existing water tanks) provided that the new installation
does not increase the height by more than 10%; and
(3)
The third priority location shall be such locations
as the applicant proves are essential to provide required service
to the Alpine community.
E.
Site design standards. The following design standards
shall apply to WTFs and WTEFs installed or constructed pursuant to
the terms of this section:
(1)
Collocation. Ordinance limitations on the number of structures on a lot shall not apply when WTFs and WTEFs are located on a lot with buildings or structures already on it. See also Subsection F.
(2)
Signs. Signs shall not be permitted except for signs
displaying owner contact information, warnings, equipment information,
and safety instructions. Such signs shall not exceed two square feet
in area. No commercial advertising shall be permitted on any WTF or
WTF.
(3)
Color. WTFs shall be of a color appropriate to the
tower's locational context and to make it as unobtrusive as possible,
unless otherwise required by the Federal Aviation Administration (FAA).
(4)
Monopole. Any proposed new WTF tower shall be a monopole
unless the applicant can demonstrate that a different type pole is
necessary for the collocation of additional antennas on the tower.
Such towers may employ camouflage technology.
(6)
Radio frequency emissions. The FTT gives the FCC sole
jurisdiction of the field of regulation of radio frequency (RF) emission,
and WTFs which meet the FCC standards shall not be conditioned or
denied on the basis of RF impacts. Applicants shall provide current
FCC information concerning WTFs and radio frequency emission standards.
WTFs shall be required to provide information on the projected power
density of the proposed facility and how this meets the FCC standards.
(7)
Structural integrity. WTFs must be constructed to
the Electronic Industries Association Telecommunications Industries
Association (EIA/TIA) 222 Revision F Standard entitled "Structural
Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.
(8)
Maintenance. WTFs shall be maintained to assure their
continued structural integrity. The owner of the WTF shall also perform
such other maintenance of the structure and of the site as to assure
that it does not create a visual nuisance.
F.
Collocation policy.
(1)
The Municipal Engineer shall maintain an inventory
of existing WTFs location within or near the Alpine community.
(2)
An applicant proposing a WTF at a new location shall
demonstrate that it made a reasonable attempt to find a collocation
site acceptable to engineering standards and that none was practically
or economically feasible.
(3)
Each application for a WTF shall be accompanied by
a plan which shall reference all existing WTF locations in the applicant's
Alpine community inventory, any such facilities in the abutting towns
which provide service to areas within the Alpine community, any changes
proposed within the following twelve-month period, including plans
for new locations and the discontinuance or relocation of existing
facilities.
(4)
Each application shall include a site location alternative
analysis describing the location of other sites considered, the availability
of those sites, the extent to which other sites do or do not meet
the provider's service or engineering needs, and the reason why the
subject site was chosen. The analysis shall address the following
issues:
(a)
How the proposed location of the WTF relates
to the objective of providing full wireless communication services
within the Alpine community at the time full service is provided by
the applicant throughout the Alpine community;
(b)
How the proposed location of the proposed WTF
relates to the location of any existing antennas within and near the
Alpine community;
(c)
How the proposed location of the proposed WTF
relates to the anticipated need for additional antennas within and
near Alpine community by the applicant and by other providers of wireless
communication services within the Alpine community;
(d)
How the proposed location of the proposed WTF
relates to the objective of collocating the antennas of many different
providers of wireless communication services on the same WTF; and
(e)
How its plan specifically relates to and is
coordinated with the needs of all other providers of wireless communication
services within the Alpine community.
(5)
The Planning Board may retain technical consultants
as it deems necessary to provide assistance in the review of the site
location alternatives analysis. The service provider shall bear the
reasonable cost associated with such consultation, which cost shall
be deposited in accordance with Alpine's escrow provisions.
G.
Removal of abandoned WTFs. Any WTF that is not operated
for a continuous period of 12 months shall be considered abandoned.
If there are two or more users of a single WTF, then the abandonment
shall not become effective until all users cease using the WTF for
a continuous period of 12 months. The owner of such WTF shall remove
same within 90 days of notice from the Zoning Officer that the WTF
is abandoned. If such WTF is not removed within said 90 days, the
municipality may remove such WTF at the owner's expense. If the facility
is to be retained, the provider(s) shall establish that the facility
will be reused within one year of such discontinuance. If a facility
is not reused within one year, a demolition permit shall be obtained
and the facility removed. At the discretion of the Zoning Officer,
upon good cause shown, the one-year reuse period may be extended for
a period not to exceed one additional year.
H.
Nonconforming WTFs. WTFs in existence on the date
of the adoption of this section, which do not comply with the requirements
of this section (nonconforming WTFs), are subject to the following
provisions.
(1)
Nonconforming WTFs may continue in use for the purpose
now used, but may not be expanded without complying with this section.
(2)
Nonconforming WTFs which are partially damaged or
destroyed due to any reason or cause may be repaired and restored
to their former use, location and physical dimensions subject to obtaining
a building permit therefor, but without otherwise complying with this
section. If this destruction is greater than partial, then repair
or restoration will require compliance with this section.
(3)
The owner of any nonconforming WTF may repair, rebuild
and/or upgrade (but not expand such WTF or increase its height or
reduce its setbacks), in order to improve the structural integrity
of the facility, to allow the facility to accommodate collocated antennas
or facilities, or to upgrade the facilities to current engineering,
technological or communications standards, without having to conform
to the provisions of this section.
I.
Additional site plan submission requirements; severability;
when effective.
(1)
In addition to the applicable documentation and items
of information required for site plan approval the following additional
documentation and items of information are required to be submitted
to the Planning Board for review and approval as part of the site
plan submission:
(a)
Documentation by a qualified expert regarding
the capacity of any proposed WTF for the number and type of antennas;
(b)
Documentation by a qualified expert that any
proposed WTF will have sufficient structural integrity to support
the proposed antennas and the anticipated future collocated antennas
and that the structural standards developed for antennas by the Electronic
Industries Association (EIA) and/or the Telecommunication Industry
Association (TIA) have been met;
(c)
A letter of intent by the applicant, in a form
which is reviewed and approved by the Borough Attorney, indicating
that the applicant will share the use of any WTF with other approved
providers of wireless communication services; and
(d)
A visual impact study, graphically simulating
through models, computer-enhanced graphics, or similar techniques,
the appearance of any proposed tower and indicating its view from
at least the five locations around and within one mile of the proposed
WTF where the WTF will be most visible. Aerial photographs of the
impact area shall also be submitted.
(2)
If any section, paragraph, subsection, clause or provision
of this section shall be adjudged by the courts to be invalid, such
adjudication shall apply only to the section, paragraph, subsection,
clause or provision so adjudged, and the remainder of the section
shall be deemed valid and effective.
(3)
This section shall become effective upon final adoption
after publication and filing a copy with the Bergen County Planning
Board in accordance with law.
A.
Schedule limiting height and setbacks.
[Amended by Ord. No. 252]
(1)
No building or accessory building hereafter erected or altered shall be erected or altered to exceed the height or to have narrower or smaller rear yards, side yards or front yards than is laid down for the zone in which the buildings are located in the Schedule of § 220-3C. Swimming pools, tennis courts and paddle courts shall be governed by the setbacks required for accessory buildings.
(2)
Width is measured at the front setback line. Frontage
at street line must be at least 80% of required lot width. Setbacks
are measured from the lot line to the nearest walls of the building.
(3)
Prior to the installation of any roof sheathing or
any other material enclosing the roof trusses, a copy of as-built
drawings shall be submitted to the Construction Code Official, for
the purposes of verifying that the building height does not exceed
the permitted height pursuant to any approvals or building requirements.
Said drawings shall be submitted once the building framing has been
completed to the roof peak, and no further construction on the roof
shall be permitted until such time as the height is verified.
[Added 9-24-2008 by Ord. No. 687]
B.
Encroachments in required setbacks. The space in any
required setback shall be open and unobstructed except as follows:
[Amended by Ord. No. 184; Ord. No. 254; Ord.
No. 325; Ord. No. 340; Ord. No. 416]
(1)
Ordinary projections of window sills, belt courses,
cornices, eaves and other architectural features shall be permitted
to project not more than two feet.
(2)
An arbor, open trellis, flagpole, unroofed steps,
unroofed terrace, unroofed porch and recreation equipment, except
a swimming pool, shall be permitted to encroach without limitations.
(3)
No accessory building in any zone shall be located
in any front or side yard. No drying yard equipment shall be located
in any front yard.
(4)
An accessory building shall be permitted in any rear
yard subject to the following regulations:
(a)
The aggregate ground area covered by any accessory
buildings in any rear yard, including the ground area covered by any
projections, other than cornices and eaves, shall not exceed 20% of
the rear yard area in any residence zone. Swimming pools and tennis
courts may exceed the 20% coverage of the rear yard area in any residence
zone subject to all other conditions of this section. Paddle tennis
courts shall not exceed 20% of the rear yard area in any residence
zone.
(b)
No accessory building or accessory structure
shall be more than 15 feet high. No accessory building or drying yard
equipment shall be nearer a party lot line than the following specified
distances:
[Amended 4-23-2003 by Ord. No. 613; 4-28-2004 by Ord. No.
632]
|
District
|
Distance
(feet)
| |
|---|---|---|
|
R-A
|
30
| |
|
R-AA
|
25
| |
|
R-1
|
20
| |
|
R-2
|
10
| |
|
R-3
|
5
| |
|
R-4
|
10
| |
|
R-2A
|
10
| |
|
R-2B
|
10
| |
|
R-2C
|
10
| |
|
R-R
|
30
| |
|
COAH-2
|
20
|
(c)
On a corner lot no accessory building shall
occupy that half of the lot depth nearest the fronting street and
it shall set back from the side street line at least as far as the
setback requirements for the main building. When the rear of a corner
lot abuts a lot facing on the side street, an accessory building shall
not be nearer the rear line of the lot on which it is erected than
the distance required for side yard setback in that zone.
(5)
Electric generators, which are to be used during public utility electrical outages, shall be permitted in a side or rear yard, subject to the measured sound pressure levels of § 153-3 (Noise Ordinance). No portion of an electric generator shall be located within a buffer area as defined by § 205-1B, and in no case shall an electric generator be located any closer to a lot line or public right-of-way than 10 feet. All such equipment shall be suitably buffered and screened to minimize views from adjacent properties and the public right-of-way.
[Added 8-28-2013 by Ord. No. 736]
C.
Height exceptions. Notwithstanding the height limits of Subsection A, golf clubhouses shall not be more than 35 feet in height measured from the mean ground level.
[Amended by Ord. No. 184]
D.
Transition requirements. Where a lot is divided by
a zone boundary, the part of such lot within each zone shall be regulated
by all the regulations of that zone.
E.
Conditions requiring modification. Where special conditions
of topography, forestation, rock outcropping or the location of existing
houses make a variation in the setback requirement reasonable, the
Zoning Board of Adjustment will decide the proper modification according
to law.
F.
Lots fronting on two or more streets. Where a lot
fronts on two or more streets, the front yard requirements for the
principal building for the zone in which the frontage lies shall govern
the setback required on each street.
G.
COAH-1 District. There shall be no accessory buildings
for storage permitted in this zoning district except for enclosure
of trash, garbage or recycling containers.
[Added 10-25-2000 by Ord. No. 578]
[Added 3-22-2000 by Ord. No. 565; amended 11-17-2003 by Ord. No.
625; 6-22-2005 by Ord. No. 655; 11-13-2006 by Ord. No. 670; 11-17-2008 by Ord. No. 691]
A.
Purpose.
(1)
In Holmdel Builder's Association v. Holmdel Township,
121 N.J. 550 (1990), the New Jersey Supreme Court determined that
mandatory development fees are authorized by the Fair Housing Act
of 1985 (the Act), N.J.S.A. 52:27D-301 et seq., and the state constitution,
subject to the Council on Affordable Housing's ("COAH's") adoption
of rules.
(2)
Pursuant to P.L. 2008, c. 46, § 8 (N.J.S.A.
52:27D-329.2) and the Statewide Nonresidential Development Fee Act
(N.J.S.A. 40:55D-8.1 through 40:55D-8.7), COAH is authorized to adopt
and promulgate regulations necessary for the establishment, implementation,
review, monitoring, and enforcement of municipal affordable housing
trust funds and corresponding spending plans. Municipalities that
are under the jurisdiction of the Council or court of competent jurisdiction
and have a COAH-approved spending plan may retain fees collected from
nonresidential development.
(3)
This section establishes standards for the collection,
maintenance, and expenditure of development fees pursuant to COAH's
regulations and in accordance with P.L. 2008, c. 46, Sections 8 and
32 through 38.[1] Fees collected pursuant to this section shall be used
for the sole purpose of providing low- and moderate-income housing.
This section shall be interpreted within the framework of COAH's rules
on development fees, codified at N.J.A.C. 5:97-8.
[1]
Editor's Note: See N.J.S.A. 52:27D-329.2 and
N.J.S.A. 40:55D-8.1 through 40:55D-8.7, respectively.
C.
AFFORDABLE HOUSING DEVELOPMENT
BOROUGH
COAH
DEVELOPER
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
GREEN BUILDING STRATEGIES
Definitions. The following terms, as used in this
section, shall have the following meanings:
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project, or a one-hundred-percent affordable
development.
The Borough of Alpine.
The New Jersey Council on Affordable Housing established
under the Act, which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
consideration in the state.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Funds paid by an individual, person, partnership, association,
company, or corporation for the improvement of property as permitted
in N.J.A.C. 5:97-8.3.
The assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with Sections 1,
5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
Those strategies that minimize the impact of development
on the environment and enhance the health, safety, and well-being
of residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
D.
Residential development fees.
(1)
Imposed fees.
(a)
For all residential developments, residential
developers shall pay a fee of 1.5% of the equalized assessed value
for residential development, provided that no increased density is
permitted.
(b)
When an increase in residential density pursuant
to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted,
developers may be required to pay a development fee of 6% of the equalized
assessed value for each additional unit that may be realized. However,
if the zoning on a site has changed during the two-year period preceding
the filing of such a variance application, the base density for the
purposes of calculating the bonus development fee shall be the highest
density permitted by right during the two-year period preceding the
filing of the variance application.
(c)
Example. If an approval allows four units to
be constructed on a site that was zoned for two units, the fees could
equal 1.5% of the equalized assessed value on the first two units
and the specified higher percentage up to 6% of the equalized assessed
value for the two additional units, provided that zoning on the site
has not changed during the two-year period preceding the filing of
such a variance application.
(2)
Eligible exactions, ineligible exactions, and exemptions
for residential development.
(a)
Affordable housing developments and developments
where the developer has made a payment in lieu of on-site construction
of affordable units shall be exempt from development fees.
(b)
Developments that have received preliminary
or final site plan approval prior to the adoption of a municipal development
fee ordinance shall be exempt from development fees, unless the developer
seeks a substantial change in the approval. Where a site plan approval
does not apply, a zoning and/or building permit shall be synonymous
with preliminary or final site plan approval for this purpose. The
fee percentage shall be vested on the date that the building permit
is issued.
(c)
Development fees shall be imposed and collected
when an existing structure undergoes a change to a more intense use,
is demolished and replaced, or is expanded, except that expansion
of an existing residential structure which increases the living space
by less than 20% and/or the volume of the existing structure by less
than 20% shall be exempt from paying a development fee. The development
fee shall be calculated on the increase in the equalized assessed
value of the improved structure.
E.
Nonresidential development fees.
(1)
Imposed fees.
(a)
Within all zoning districts, nonresidential
developers, except for developers of the types of development specifically
exempted, shall pay a fee equal to 2.5% percent of the equalized assessed
value of the land and improvements for all new nonresidential construction
on an unimproved lot or lots.
(b)
Nonresidential developers, except for developers
of the types of development specifically exempted, shall also pay
a fee equal to 2.5% of the increase in equalized assessed value resulting
from any additions to existing structures to be used for nonresidential
purposes.
(c)
Development fees shall be imposed and collected
when an existing structure is demolished and replaced. The development
fee of 2.5% shall be calculated on the difference between the equalized
assessed value of the preexisting land and improvement and the equalized
assessed value of the newly improved structure, i.e., land and improvement,
at the time final certificate of occupancy is issued. If the calculation
required under this section results in a negative number, the nonresidential
development fee shall be zero.
(2)
Eligible exactions, ineligible exactions, and exemptions
for nonresidential development.
(a)
The nonresidential portion of a mixed-use inclusionary
or market rate development shall be subject to the two-and-a-half-percent
development fee, unless otherwise exempted below.
(b)
The two-and-a-half-percent fee shall not apply
to an increase in equalized assessed value resulting from alterations,
change in use within existing footprint, reconstruction, renovations,
and repairs.
(c)
Nonresidential developments shall be exempt
from the payment of nonresidential development fees in accordance
with the exemptions required pursuant to P.L. 2008, c. 46, as specified
in the Form N-RDF, "State of New Jersey Non-Residential Development
Certification/Exemption" form. Any exemption claimed by a developer
shall be substantiated by that developer.
(d)
A developer of a nonresidential development
exempted from the nonresidential development fee pursuant to P.L.
2008, c.46, shall be subject to it at such time the basis for the
exemption no longer applies and shall make the payment of the nonresidential
development fee, in that event, within three years after that event
or after the issuance of the final certificate of occupancy of the
nonresidential development, whichever is later.
(e)
If a property which was exempted from the collection
of a nonresidential development fee thereafter ceases to be exempt
from property taxation, the owner of the property shall remit the
fees required pursuant to this section within 45 days of the termination
of the property tax exemption. Unpaid nonresidential development fees
under these circumstances may be enforceable by the Borough as a lien
against the real property of the owner.
F.
Collection procedures.
(1)
Upon the granting of a preliminary, final or other
applicable approval for a development, the applicable approving authority
shall direct its staff to notify the Construction Official responsible
for the issuance of a building permit. For nonresidential developments,
the developer shall also be provided with a copy of Form N-RDF, "State
of New Jersey Non-Residential Development Certification/Exemption,"
and complete as per the instructions provided.
(2)
For nonresidential developments only, the developer
shall also be provided with a copy of Form N-RDF, "State of New Jersey
Non-Residential Development Certification/Exemption" to be completed
as per the instructions provided. The Developer of a nonresidential
development shall complete Form N-RDF as per the instructions provided.
The Construction Official shall verify the information submitted by
the nonresidential developer as per the instructions provide in the
Form N-RDF. The Tax assessor shall verify exemptions and prepare estimated
final assessments as per the instructions provided in Form N-RDF.
(3)
The Construction Official responsible for the issuance
of a building permit shall notify the local Tax Assessor of the issuance
of the first building permit for a development which is subject to
a development fee.
(4)
Within 90 days of receipt of that notice, the Municipal
Tax Assessor, based on the plans filed, shall provide an estimate
of the equalized assessed value of the development.
(5)
The Construction Official responsible for the issuance
of a final certificate of occupancy notifies the local Assessor of
any and all requests for the scheduling of a final inspection on property
which is subject to a development fee.
(6)
Within 10 business days of a request for the scheduling
of a final inspection, the Municipal Assessor shall confirm or modify
the previously estimated equalized assessed value of the improvements
of the development, calculate the development fee, and thereafter
notify the developer of the amount of the fee.
(7)
Should the Borough fail to determine or notify the
developer of the amount of the development fee within 10 business
days of the request for final inspection, the developer may estimate
the amount due and pay that estimated amount consistent with the dispute
process set forth in Subsection b of Section 37 of P.L. 2008, c. 46
(N.J.S.A. 40:55D-8.6b).
(8)
Fifty percent of the development fee shall be collected
at the time of issuance of the building permit. The remaining portion
shall be collected at the issuance of the certificate of occupancy.
The developer shall be responsible for paying the difference between
the fee calculated at building permit and that determined at issuance
of certificate of occupancy.
(9)
Appeal of development fees.
(a)
A developer may challenge residential development
fees imposed by filing a challenge with the County Board of Taxation.
Pending a review and determination by the Board, collected fees shall
be placed in an interest-bearing escrow account by the Borough. Appeals
from a determination of the Board may be made to the Tax Court in
accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
(b)
A developer may challenge nonresidential development
fees imposed by filing a challenge with the Director of the Division
of Taxation. Pending a review and determination by the Director, which
shall be made within 45 days of receipt of the challenge, collected
fees shall be placed in an interest-bearing escrow account by the
Borough. Appeals from a determination of the Director may be made
to the Tax Court in accordance with the provisions of the State Tax
Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after
the date of such determination. Interest earned on amounts escrowed
shall be credited to the prevailing party.
G.
Affordable Housing Trust Fund.
(1)
There is hereby created a separate, interest-bearing
housing trust fund to be maintained by the chief financial officer
for the purpose of depositing development fees collected from residential
and nonresidential developers and proceeds from the sale of units
with extinguished controls.
(2)
The following additional funds shall be deposited
in the Affordable Housing Trust Fund and shall at all times be identifiable
by source and amount:
(a)
Payments in lieu of on-site construction of
affordable units;
(b)
Developer-contributed funds to make 10% of the
adaptable entrances in a townhouse or other multistory attached development
accessible;
(c)
Rental income from municipally operated units;
(d)
Repayments from affordable housing program loans;
(e)
Recapture funds;
(f)
Proceeds from the sale of affordable units;
and
(g)
Any other funds collected in connection with
the Borough's affordable housing program.
(3)
Within seven days from the opening of the trust fund
account, the Borough shall provide COAH with written authorization,
in the form of a three-party escrow agreement between the municipality,
the bank, and COAH, to permit COAH to direct the disbursement of the
funds as provided for in N.J.A.C. 5:97-8.13(b).
(4)
All interest accrued in the housing trust fund shall
only be used on eligible affordable housing activities approved by
COAH.
H.
Use of funds.
(1)
The expenditure of all funds shall conform to a spending
plan approved by COAH. Funds deposited in the housing trust fund may
be used for any activity approved by COAH to address the Borough's
fair share obligation and may be set up as a grant or revolving loan
program. Such activities include, but are not limited to, preservation
or purchase of housing for the purpose of maintaining or implementing
affordability controls, rehabilitation, new construction of affordable
housing units and related costs, accessory apartment, market to affordable,
or regional housing partnership programs, conversion of existing nonresidential
buildings to create new affordable units, green building strategies
designed to be cost saving and in accordance with accepted national
or state standards, purchase of land for affordable housing, improvement
of land to be used for affordable housing, extensions or improvements
of roads and infrastructure to affordable housing sites, financial
assistance designed to increase affordability, administration necessary
for implementation of the Housing Element and Fair Share Plan, or
any other activity as permitted pursuant to N.J.A.C. 5:97-8.9 through
5:978.9 and specified in the approved spending plan.
(2)
Funds shall not be expended to reimburse the Borough
for past housing activities.
(3)
At least 30% of all development fees collected and
interest earned shall be used to provide affordability assistance
to low- and moderate-income households in affordable units included
in the Municipal Fair Share Plan. One-third of the affordability assistance
portion of development fees collected shall be used to provide affordability
assistance to those households earning 30% or less of median income
by region.
(a)
Affordability assistance programs may include
down payment assistance, security deposit assistance, low-interest
loans, rental assistance, assistance with homeowners' association
or condominium fees and special assessments, and assistance with emergency
repairs.
(b)
Affordability assistance to households earning
30% or less of median income may include buying down the cost of low-
or moderate-income units in the Municipal Fair Share Plan to make
them affordable to households earning 30% or less of median income.
The use of development fees in this manner shall entitle the Borough
to bonus credits pursuant to N.J.A.C. 5:96-18.
(c)
Payments in lieu of constructing affordable
units on site and funds from the sale of units with extinguished controls
shall be exempt from the affordability assistance requirement.
(4)
The Borough may contract with a private or public
entity to administer any part of its Housing Element and Fair Share
Plan, including the requirement for affordability assistance, in accordance
with N.J.A.C. 5:96-18.
(5)
Unless otherwise permitted by COAH, no more than 20%
of all revenues collected from development fees may be expended on
administration, including, but not limited to, salaries and benefits
for municipal employees or consultant fees necessary to develop or
implement a new construction program, a Housing Element and Fair Share
Plan, and/or and affirmative marketing program. In the case of a rehabilitation
program, no more than 20% of the revenues collected from development
fees shall be expended for such administrative expenses. Administrative
funds may be used for income qualification of households, monitoring
the turnover of sale and rental units, and compliance with COAH's
monitoring requirements. Legal or other fees related to litigation
opposing affordable housing sites or objecting to the Council's regulations
and/or action are not eligible uses of the affordable housing trust
fund.
I.
Monitoring. The Borough shall complete and return
to COAH all monitoring forms included in the annual monitoring report
related to the collection of development fees from residential and
nonresidential developers, payments in lieu of constructing affordable
units on site, and funds from the sale of units with extinguished
controls, barrier-free escrow funds, rental income, repayments from
affordable housing program loans, and any other funds collected in
connection with the Borough's housing program, as well as to the expenditure
of revenues and implementation of the plan certified by COAH. All
monitoring reports shall be completed on forms designed by COAH.
J.
Ongoing collection of fees. The ability for the Borough
to impose, collect, and expend development fees shall expire with
its substantive certification on the date of expiration of substantive
certification unless the Borough has filed an adopted Housing Element
and Fair Share Plan with COAH, has petitioned for substantive certification,
and has received COAH's approval of its development fee ordinance.
If the Borough fails to renew its ability to impose and collect development
fees prior to the date of expiration of substantive certification,
it may be subject to forfeiture of any or all funds remaining within
its municipal trust fund. Any funds so forfeited shall be deposited
into the New Jersey Affordable Housing Trust Fund established pursuant
to Section 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320). The Borough
shall not impose a residential development fee on a development that
receives preliminary or final site plan approval after the expiration
of its substantive certification or judgment of compliance, nor shall
the Borough retroactively impose a development fee on such a development.
The Borough will not expend development fees after the expiration
of its substantive certification.
A.
There shall be no public garage in the Borough.
B.
No property or lot in the Borough shall be used to store vehicles of any kind, whether it be for the personal use of the owner or occupant or any other person or for pay to the general public; except where stored in a private garage as defined in § 220-2 of this chapter; except that where a property owner or occupant shall not have garage facilities on his/her lot, the owner or occupant may store or have on the property at any time not more than three noncommercial vehicles; except one of which may be a light truck not exceeding 1/2 ton in capacity, used exclusively by the owner or occupant of the lot.
C.
All other or further uses other than permitted above
shall be a violation of this chapter and shall be prohibited.
D.
Garages.
[Added 9-24-2003 by Ord. No. 606]
(1)
For a residence located within the R-A and R-R Zones,
there shall be a maximum of four single garage doors or a maximum
of 40 linear feet of access to a garage.
(2)
For a residence located in any zones other than an
R A and R-R, there shall be a maximum of three single garage doors
or a maximum of 30 linear feet of access to a garage.
A.
AUTOMOBILE TRAILER, TRAILER COACH or TRAILER
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any vehicle or structure so designed and constructed in such
manner as will permit occupancy thereof as sleeping quarters for one
or more persons, or the conduct of any business or profession, occupation
or trade, or used as a selling or advertising device, and so designed
that it is or may be mounted on wheels and used as a conveyance on
highways or city streets, propelled or drawn by its own or other motive
power.
B.
Regulations. No trailer shall be stored in any district
or zone, except in a garage or accessory building erected in compliance
with the provisions of this chapter. The term "stored" as set forth
in this section shall be so construed when the trailer, as defined,
has been parked or standing for more than two consecutive days or
for more than any three days in any ten-day period. No trailer shall
be connected to any utilities and shall not be used in any way for
residence or business purposes.
A.
PARKING SPACE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
An off-street space accessible and available for the parking
of one motor vehicle and having an area of not less than 200 square
feet, exclusive of passageways and aisles appurtenant thereto, but
not less than 10 feet in width and not less than 20 feet in length.
B.
Proximity to street line. In a residence zone, no parking space shall be located closer to a street line than the front yard requirement of this chapter. In a business zone, no parking space shall be within five feet of a street line, except as provided in § 220-7B of this chapter.
[Amended by Ord. No. 292]
C.
Required parking spaces. Parking spaces shall be required
as follows:
[Amended by Ord. No. 186; Ord. No. 292; Ord.
No. 416; Ord. No. 501]
(1)
Residence zone: two spaces per dwelling unit.
(3)
Club, community center or other place of public assembly:
one space for each five seats based upon a maximum seating capacity.
In any place not having seating for patrons or assemblage, there shall
be one space for each five persons based on capacity attendance.
(4)
Whenever land in an R-R Zone is used for a golf course,
a paved automobile parking area shall be provided on the grounds of
sufficient area to provide 1.2 automobile parking spaces for each
club membership, including house membership. In addition to this provision,
where any clubhouse shall contain sleeping accommodations, there shall
also be provided one automobile parking space for each room of sleeping
accommodation. No parking area shall be located nearer than 75 feet
to any adjacent residential property either within or without the
Borough other than the property to which such parking area is incident,
nor shall the same be located nearer than 50 feet to any public street
or other boundary line, and the same shall be completely screened
from adjacent property owners either by appropriate landscaping or
other suitable screening devices to be approved by the Planning Board.
No such landscaping or screening devices shall be approved by the
Planning Board without a finding that the same adequately protect
the property values of the adjacent property owners.
(5)
Houses of worship: one parking space for each three
seats in the largest assembly room plus one space per employee or
staff member, for house of worship or accessory uses. No outdoor overnight
parking shall be permitted on the site.
D.
COAH-1 District: a minimum of two parking spaces for
each dwelling unit shall be provided, with each space having a minimum
depth of 18 feet and a minimum width of nine feet.
[Added 10-25-2000 by Ord. No. 578]
[Amended by Ord. No. 238; Ord. No. 262; Ord. No. 272; Ord. No. 287; Ord. No. 310; Ord. No. 360; Ord. No. 443; 2-28-2001 by Ord. No. 583; 10-22-2003 by Ord. No.
624]
A.
Building permits and plans.
(1)
No building, structure or part thereof shall be erected,
razed, moved, extended, enlarged, altered or demolished unless and
until a permit has been granted by the Building Inspector. Application
shall be filed in triplicate with the Building Inspector by the owner
or his/her agent and shall state the intended use of the structure
and the land. The application shall be accompanied by detailed plans
and specifications; and new buildings or additions to buildings shall
be accompanied by a plot plan showing finished grades, existing grades,
open spaces, the established building lines within the block upon
which the land is located and such other information as may be required
to show that the proposed building or other structure shall comply
with all the requirements of this chapter for the zone district in
which the premises is located. The plan shall be drawn to scale and
shall show actual dimensions and fixtures. All plans, specifications
and plot plans shall be signed by a licensed architect or a licensed
professional engineer of the State of New Jersey, provided, however,
that the owner shall file an affidavit to that effect with the plans.
A plot plan, but only a plot plan, may be prepared and certified by
a licensed land surveyor of the State of New Jersey.
(2)
No building permit shall be issued for the erection,
raising, moving, extending, enlargement or alteration of any building
or structure, or any part, unless a zoning permit is issued.
(3)
The Construction Official shall collect a cash bond in all cases where an application requests a permit for renovation, alteration, repair or new construction, hereinafter called "improvement." The cash bond shall be in the amount of $500 when the cost of the improvement, in the estimation of the Construction Official, shall equal or exceed $5,000. The cash bond shall be in the amount of $200 when the cost of the improvement, in the estimation of the Construction Official, shall be less than $5,000. The applicant shall, during the course of such construction, regularly clean up all debris and dirt from the streets, sidewalks and curbing abutting the property for which the construction permit was issued. Upon the completion of such renovation, alteration, repair or new construction, and the Construction Official and the appropriate subcode officials having inspected same and found it to be satisfactory, and, if applicable, the Borough Engineer having also determined that any and all damages to the streets, sidewalks and curbing abutting the property for which the permit was issued have been repaired and all debris and dirt deposited thereon has been properly cleaned, the cash bond, without interest, shall be returned to the applicant. Patching of damaged curbs will not be accepted. Removal and replacement of damaged curbs shall be required. No certificate of occupancy shall be issued until the Borough Engineer has certified to the Construction Official, in writing, that the curb complies with the requirements of the curb specifications as set forth in Chapter 192, Streets and Sidewalks, § 192-24. At the time of the return of the cash bond, the Borough may charge the applicant a curb inspection fee, not to exceed $75 for each inspection. All repairs to damaged curbs shall be at the applicant's expense.
B.
Zoning Permits.
(1)
Application for zoning permit. The zoning permit looks
to the location and use of the building in light of the requirements
of this chapter and certifies that such location and use is permitted
or that it exists as a nonconforming use and/or nonconforming structure
or is permitted by the terms of a variance. All zoning permit applications
shall be made in writing by the owner or his authorized agent and
shall include a statement to the use or intended use and shall be
accompanied by a plan of the plot showing thereon the exact size,
shape and location of all proposed structures and such other information
as may be necessary to provide for the enforcement of this chapter.
The zoning permits shall be granted or denied within 10 business days
from the date that a written application is filed with the Zoning
Officer.
(2)
Issuance of zoning permit. Zoning permits shall be
secured from the Zoning Officer prior to issuance of a building permit.
It shall be the duty of the Zoning Officer to issue a zoning permit,
provided that the Zoning Officer is satisfied that the proposed use
conforms with all requirements of this chapter. It is the applicant’s
responsibility that all other reviews and actions, if any, called
for in this chapter or any other Borough ordinance have been complied
with and all necessary approvals secured therefor.
(3)
Denial of zoning permit. When the Zoning Officer is
not satisfied that the applicant’s proposed development will
meet the requirements of this chapter, the Zoning Officer shall refuse
to issue a zoning permit. When an application for a zoning permit
is denied, it is the duty of the Zoning Officer to specify what sections
of the application are not in conformance with the zoning ordinance.
The applicant may appeal to the Zoning Board of Adjustment.
(4)
Records of zoning permits. It shall be the duty of
the Zoning Officer to keep a record of all applications for zoning
permits issued, together with a notation of all special conditions
involved. The Zoning Officer shall prepare a monthly report for the
Borough Council, Planning Board, Zoning Board of Adjustment and Tax
Assessor, summarizing for the period since his previous report all
zoning permits issued by him and all complaints of violations and
the action taken by him consequent thereon.
(5)
Fees for zoning permits. There shall be a minimum
fee of $150 for any residential applications and a minimum fee of
$250 for any commercial applications for a zoning permit for each
and every review, with no exceptions.
[Amended 4-23-2008 by Ord. No. 680; 12-17-2008 by Ord. No.
694; 4-27-2011 by Ord. No. 721; 4-22-2015 by Ord. No. 754]
C.
Certificate of occupancy.
(1)
General requirements.
(a)
No land shall be occupied or used, and no building
hereafter erected or altered shall be occupied or used, in whole or
in part, for any purpose whatsoever until a certificate of occupancy
shall have been issued by the Construction Official stating that the
premises or building complies with all provisions of this chapter.
(b)
No change or extension of use and no alteration
shall be made in a nonconforming use of premises without a certificate
of occupancy having first been issued by the Construction Official
stating that the change, extension or alteration is in conformity
with the provisions of this chapter.
(c)
A certificate of occupancy shall be applied
for at the same time that the building permit is applied for and shall
be issued within 10 days after the erection or alteration of the building.
A record of all certificates of occupancy shall be kept on file by
the Construction Official and copies shall be furnished upon request
of any person having a proprietary or tenancy interest in the building
affected. A fee of $5 shall be charged for each original certificate
of occupancy and $2 for each copy thereof.
(d)
No permit for excavation shall be issued before
application has been made for a building permit and approved. No building
or premises for which a certificate of occupancy is required may be
occupied until such certificate shall have been issued, but a temporary
certificate of occupancy may be issued for part of a building. The
fee for issuing such temporary certificate shall be $5 and $2 for
copies thereof.
(e)
In case the Building Inspector shall decline
to issue a certificate of occupancy, his/her reasons for doing so
shall be stated on copies of the application, and one copy thereof
shall be returned to the applicant.
(f)
Any person occupying any land or building within
the Borough before securing a certificate of occupancy shall be liable
to a fine of up to $100 per day for each day that the offense is continued,
within the discretion of the Municipal Judge. Such violation shall
be heard on summons issued by the Construction Official in the Municipal
Court.
(2)
Certificate of continued occupancy resale requirements
upon the transfer of ownership.
[Added 10-25-2023 by Ord. No. 822]
(a)
Certificate of continued occupancy resale shall be required
upon any transfer of ownership to an existing premises which is accompanied
by a change in the occupancy of such premises.
(b)
The certificate of continued occupancy resale shall be evidence
that a general inspection of the visible parts of the principal building,
property or other structures on the property have been made and that
there are no apparent visible violations of the Borough of Alpine
ordinances, New Jersey Uniform Construction Code, the New Jersey Uniform
Fire Code or other applicable county, state or federal codes, statutes
or regulations have been determined to have occurred and no unsafe
conditions have been found.
(c)
An application for a certificate of continued occupancy resale
required by this section shall be made, in writing, on forms provided
by the Alpine Building Department. The application shall be submitted
at least 20 business days prior to the proposed change of occupancy.
Upon receiving the required completed application and fees, the Code
Official/Building Inspector shall inspect the property within 10 business
days. In the event that the Code Official/Building Inspector declines
to issue a certificate of occupancy resale, his/her reasons for doing
so shall be stated in writing and a copy given to the applicant. The
applicant must request a reinspection once all violations have been
corrected to the satisfaction of the Code Official/Building Inspector.
(d)
The application fee for a certificate continued of occupancy
resale upon the transfer or change of ownership shall be based upon
the amount of time remaining before the change of occupancy is expected
as follows:
[1]
The fee for a certificate of continued occupancy resale upon
the change of occupancy for a one family dwelling or commercial or
industrial building are as follows:
|
Days Prior
|
Residential
|
Commercial or Industrial
|
|---|---|---|
|
10 or more
|
$400.00
|
$600.00
|
|
4 to 10
|
$600.00
|
$800.00
|
|
4
|
$800.00
|
$1,000.00
|
[2]
The fee for a reinspection is $90 for each reinspection request.
(3)
A
certificate of noncompliance shall be required for the transfer of
ownership in the event that the principal building is to be demolished
or when there are outstanding issues that need to be corrected and
approval can only be obtained after closing.
[Added 10-25-2023 by Ord. No. 822]
(a)
Procedure to obtain a certificate of noncompliance. Requests
shall be made, in writing, on forms supplied by the Alpine Building
Department. The application must be presented to the Code Official/Inspector.
This form must be completed, signed by the seller(s) and must be notarized.
Also required is a letter of understanding regarding application for
certificate of noncompliance. This form must be completed, signed
by both the seller(s) and buyer(s) and must be notarized. Executed
documents must be submitted to the Alpine Building Department. These
documents must be reviewed and approved by both the Borough Attorney
and the Borough Engineer. Once approvals are received, the Code Official/Inspector
will issue a certificate of noncompliance for the transfer of ownership
only. Occupancy is prohibited until violations are corrected and a
certificate of occupancy is obtained.
(b)
The fee for a certificate of noncompliance is $400.
(4)
Failure to submit a completed application for a certificate of occupancy
resale or a certificate of noncompliance upon the change of ownership
to an existing premises shall result in the levying of a fine in the
amount of $1,000 against the owner of record of the property at the
time that the change of occupancy or title occurred. Said owner(s)
shall also be subject to a per-diem charge of $100 for each and every
day that a completed application is not submitted, starting from the
day of discovery by the Alpine Building Department. This section will
be enforced by the Code Official of the Borough of Alpine.
[Added 10-25-2023 by Ord. No. 822]
D.
Application fees.
[Amended 6-28-2006 by Ord. No. 668; 10-23-2013 by Ord. No. 737]
(1)
Other than use variance. On all applications for a
variance, other than a use variance, or for any other application
to the Board of Adjustment, the application fee shall be $250, except
that the fees on all applications involving additions to an existing
residence shall be $100 if the value of the addition is $25,000 or
less and $200 if the value of the addition is more than $25,000. In
addition, the applicant shall deposit $2,000 in escrow with the Borough
Clerk to be used to pay for the Borough’s legal fees, engineering
expenses and any other costs incurred by the Borough and directly
related to the variance application. Any unused portion of the escrow
fee shall be returned to the applicant. If the expenses to the Board
exceed the amount deposited, then the Board shall not give a final
ruling until the applicant has made a deposit sufficient to pay for
such additional expenses.
(2)
Use variance. The application fee for a use variance
shall be $200. In addition, the applicant shall deposit $2,000 in
escrow with the Borough Clerk to be used to pay for the Borough’s
legal fees, engineering expenses and any other costs incurred by the
Borough and directly related to the variance application. Any unused
portion of the escrow fee shall be returned to the applicant. If the
expenses to the Board exceed the amount deposited, then the Board
shall not give a final ruling until the applicant has made a deposit
sufficient to pay for such additional expenses.
In their interpretation and application, the
provisions of this chapter shall be held to be the minimum requirements
adopted for the promotion of the public health, morals and general
welfare; for lessening the congestion in the street; for securing
safety from fire, panic and other dangers; for the provision of adequate
light and air; for preventing overcrowding of land or buildings; for
the avoidance of undue concentration of population; and for facilitating
adequate provision of transportation, water, sewage, schools, parking
and other public improvements.
A.
Enforcing authority. The provisions of this chapter
shall be enforced by the Construction Official. It shall be the duty
of the Construction Official to file and safely keep a record of all
applications for permits and certificates and a record of all permits
and certificates issued, with a notation of any special conditions
involved. The Construction Official shall file and safely keep copies
of all plans and plot plan surveys submitted; and the same shall form
a part of the records of his/her office and shall be available for
the use of the Mayor and Council and of other officials of the Borough.
The Construction Official shall pay over the fees received by him/her
to the Borough Treasurer.
B.
Report of violations. It shall also be the duty of
the Fire and Police Departments to report any violations of the provisions
of this chapter to the Construction Official and, at the same time,
to send a copy of such report to the Borough Clerk who shall present
the report to the Mayor and Council.
C.
Enforcement by Borough residents. Nothing herein contained
shall be deemed to preclude any resident of the Borough from enforcing
this chapter by any available legal means.
D.
Any owner, lessee, occupant, builder or other person who shall construct, alter, repair, convert, maintain or use any building, structure or premises in violation of any provision of this Chapter 220 or who shall in any manner violate any such provision shall, upon conviction, be subject for each such offense by imprisonment not to exceed 90 days or by fine not to exceed $1,000 or by a period of community service not to exceed 90 days.
[Added 2-26-2003 by Ord. No. 609]
[Added 9-27-2006 by Ord. No. 669]
A.
Purpose. The purpose of this section is to create
the administrative mechanisms needed for the execution of Alpine's
responsibility to assist in the provision of affordable housing pursuant
to the Fair Housing Act of 1985.
B.
ADMINISTRATIVE AGENT
MUNICIPAL HOUSING LIAISON
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
Alpine to ensure that the restricted units under administration are
affirmatively marketed and sold or rented, as applicable, only to
low- and moderate-income households.
The employee charged by the governing body with the responsibility
for oversight and administration of the affordable housing program
for the Borough of Alpine.
C.
Establishment of Municipal Housing Liaison position
and compensation; powers and duties.
(1)
Establishment of position of Municipal Housing Liaison.
There is hereby established the position of Municipal Housing Liaison
for Alpine.
(2)
Subject to the approval of the Council on Affordable
Housing (COAH), the Municipal Housing Liaison shall be appointed by
the governing body and may be a full- or part-time municipal employee.
(3)
The Municipal Housing Liaison shall be responsible
for oversight and administration of the affordable housing program
for Borough of Alpine, including the following responsibilities which
may not be contracted out:
(a)
Serving as the Borough of Alpine's primary point
of contact for all inquiries from the state, affordable housing providers,
administrative agents, and interested households;
(b)
Monitoring the status of all restricted units
in the Borough of Alpine's Fair Share Plan;
(c)
Compiling, verifying, and submitting annual
reports as required by COAH;
(d)
Coordinating meetings with affordable housing
providers and administrative agents, as applicable;
(e)
Attending continuing education opportunities
on affordability controls, compliance monitoring, and affirmative
marketing as offered or approved by COAH;
(4)
Subject to approval by COAH, the Borough of Alpine
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 Alpine. If the Borough of Alpine 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.
(5)
Compensation. Compensation shall be fixed by the governing
body at the time of the appointment of the Municipal Housing Liaison.
(6)
Administrative powers and duties assigned to the Municipal Housing Liaison. If Alpine has contracted with a separate entity to perform the duties of the administrative agent, such entity shall have the following administrative powers and the Municipal Housing Liaison shall have oversight responsibilities only, provided in Subsection C(4).
(a)
Affordability controls.
[1]
Furnishing to attorneys or closing agents forms
of deed restrictions and mortgages for recording at the time of conveyance
of title of each restricted unit;
[2]
Creating and maintaining a file on each restricted
unit for its control period, including the recorded deed with restrictions,
recorded mortgage and note, as appropriate;
[3]
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;
[4]
Communicating with lenders regarding foreclosures;
and
[5]
Ensuring the issuance of continuing certificates
of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
(b)
Resale and rental.
[1]
Instituting and maintaining an effective means
of communicating information between owners and the administrative
agent regarding the availability of restricted units for resale or
rental; and
[2]
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.
(c)
Processing request from unit owners.
[1]
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;
[2]
Reviewing and approving requests to increase
sales prices from owners of restricted units who wish to make capital
improvements to the units that would affect the selling price, such
authorizations to be limited to those improvements resulting in additional
bedrooms or bathrooms and the cost of central air-conditioning systems;
and
[3]
Processing requests and making determinations
on requests by owners of restricted units for hardship waivers.
(d)
Enforcement.
[1]
Securing annually lists of all affordable housing
units for which tax bills are mailed to absentee owners and notifying
all such owners that they must either move back to their unit or sell
it;
[2]
Securing from all developers and sponsors of
restricted units, at the earliest point of contact in the processing
of the project or development, written acknowledgement of the requirement
that no restricted unit can be offered, or in any other way committed,
to any person, other than a household duly certified to the unit by
the administrative agent;
[3]
The posting annually in all rental properties,
including two-family homes, of a notice as to the maximum permitted
rent together with the telephone number of the administrative agent
where complaints of excess rent can be made;
[4]
Sending annual mailings to all owners of affordable
dwelling units, reminding them of the notices and requirements outlined
in N.J.A.C. 5:80-26.18(d)4;
[5]
Establishing a program for diverting unlawful
rent payments to the municipality's affordable housing trust fund
or other appropriate municipal fund approved by the DCA;
[6]
Establishing a rent-to-equity program;
[7]
Creating and publishing a written operating
manual, as approved by COAH, setting forth procedures for administering
such affordability controls; and
[8]
Providing annual reports to COAH as required.
(e)
The administrative agent shall have authority
to take all actions necessary and appropriate to carry out its responsibilities
hereunder.
[Added 12-15-2010 by Ord. No. 718; amended 6-23-2021 by Ord. No. 807]
A.
Tents
and other membrane structures including air bubble structures, inflatable
buildings, prefabricated tensional fabric structures, domes and similar
enclosures covering recreational facilities such as, but not limited
to, hockey rinks, swimming pools, tennis courts, putting greens, soccer,
golf, baseball, tennis, volleyball and other sports recreational facilities
are not permitted as a permanent principal or accessory structure
in any zone in the Borough of Alpine. For purposes of this section,
"permanent" shall be defined as erected or in place for more than
28 days in a calendar year.
B.
All classes
of cannabis establishments or cannabis distributors or cannabis delivery
services as said terms are defined in section 3 of P.L. 2021, c. 16,
but not the delivery of cannabis items and related supplies by a delivery
service.
