Sparta Township City Zoning Code
§ 18-4.2
General Provisions.
[Ord. No. 636 A 402; Ord. No. 691 § II; Ord. No. 720 § II; Ord. No. 751 § I; Ord. No. 772 §§ II — IV; Ord. No. 790 §§ I, II; Ord. No. 841 § XI; Ord. No. 878 § 3; Ord. No. 00-15 § 1; Ord. No. 01-14 § 5; Ord. No. 02-20 §§ 2 — 4; Ord. No. 08-05 § 1; Ord. No. 10-14; Ord. No. 2016-09; Ord. No. 2016-20 § 1]
a.
Provisions of this Section Applicable to All Zones. Each of the subsections and provisions of this section shall apply to all zones unless otherwise stated.
b.
Site Plan Approval Requirement. Site plans shall be required in the following instances with the exception of those conforming with the waiver requirements of Subsection d.
1.
In all cases involving the change in the principal intended use of any nonresidential unit whether or not a building permit shall be required or issued.
2.
For any nonresidential off-street parking area.
3.
Where a use variance is required.
4.
Whenever a nonresidential use is established on a parcel of property or within its structure in the Township of Sparta, except for home occupations as defined in this Code.
5.
Any development proposal with the exception of a detached one or two dwelling unit building must have a site plan approved by the Planning Board or the Zoning Board of Adjustment when exercising its ancillary jurisdiction pursuant to the Municipal Land Use Law before the grant of a building permit or certificate of occupancy.
6.
Prior to the expansion of any nonresidential use and any nonconforming use.
7.
Prior to any change or alteration in the exterior of an existing nonresidential structure requiring a construction code permit except for a re-roof or roof replacement with the same materials and similar color with no alteration to the slope or pitch of the roof structure.
8.
Prior to any site clearing, grading, excavating, filling or similar site activities except those approved pursuant to a subdivision approval or those activities being conducted for: (a) agricultural purposes, (b) tree thinning, (c) tree harvestry purposes pursuant to an approved forester's plan, (d) a single family residential use or structure or (e) a use or structure accessory to a single family use.
c.
Minor Site Plan Review by the Planning Board or Subcommittee of the Planning Board. All minor site plans as defined by this chapter shall be reviewed by either the Planning Board or a subcommittee of the Planning Board appointed by the Chairman of the Board to review minor site plans. The Chairman of the Planning Board is hereby authorized to appoint a Minor Site Plan Subcommittee of the Planning Board which shall be composed of at most four members of the Board including at least the Mayor or Council member of the Planning Board and two other members of the Planning Board. The Minor Site Plan Subcommittee shall have the authority to approve minor site plan applications including minor site plans involving alterations of the exteriors of existing conforming nonresidential structures as required by this chapter and provide recommendations to the Planning Board for waivers, or refer the application without decision to the entire Planning Board for decision by the Board. The Minor Site Plan Subcommittee shall also have the authority to act upon the minor site plans, provided that they do not involve an application in the ED Zone or change in use in the ED Zone for a use that will utilize hazardous materials or other materials regulated under the ED Zone. The Minor Site Plan Subcommittee shall not have authority to review or act upon applications for minor site plans that include any variances.
d.
Site Plan Waiver. Site plans shall not be required in the following instances:
1.
A construction permit for a single family detached dwelling, two family dwelling or customary accessory buildings incident to farms shall not require approval by the Zoning Board of Adjustment or Planning Board where such construction conforms with the requirements of this chapter.
2.
If the Planning Board waives formal site plan review and approval for the site plans.
3.
Any change of use to a use permitted in the zone shall not require approval by the Planning Board if, in the majority opinion of the Minor Site Plan Subcommittee, the parking and traffic circulation conditions existing on the site are adequate.
A site plan application or a letter request for a waiver shall be filed together with appropriate fees and maps with the administrative officer. If the Site Plan Subcommittee determines that it may be treated as a minor site plan or that a waiver of site plan may be granted, a majority report of the Minor Site Plan Subcommittee shall be issued within two weeks after the application is filed. The decision of the Minor Site Plan Subcommittee as to minor site plan approval or as to its recommendation as to a waiver of site plan shall be forwarded to the applicant and shall be included on the agenda and in the minutes of the next regularly scheduled Planning Board meeting. Minor site plan approval shall be effective upon approval by the Minor Site Plan Subcommittee.
4.
The Planning Board of the Township of Sparta may waive notice and public hearing and a formal site plan approval for any site plan defined by this chapter. The Zoning Board, pursuant to its ancillary jurisdiction may waive site plan submission requirements or a formal site plan, but only after public hearing upon notice.
e.
Subdivision Approval Requirements.
1.
When a new lot or lots are formed from a parcel of land;
2.
Where two or more lots are combined into a single parcel of land;
3.
Where a lot line is adjusted between two parcels of land, these modifications must be approved by the Planning Board or Zoning Board of Adjustment when exercising its auxiliary jurisdiction pursuant to the Municipal Land Use Law except where subdivision approval is specifically waived by the Municipal Land Use Law. Subdivision applications shall be filed with the appropriate application form, fees and requirements indicated in § 18-6 of this chapter.
f.
Building Permits and Building Plans.
1.
Building permits will not be issued for any new single family detached residence or commercial or industrial building unless the size, shape of the floor plan, the roof shape and the exterior appearance of the proposed building is substantially different from all other buildings located within 500 feet of the proposed building and measured in either direction along the street upon which the proposed building fronts including the opposite side of the street.
2.
The physical contour of any lot shall not be altered in any manner affecting drainage to the detriment of the property or adjoining lot, nor shall any natural contours be disturbed or excavations permitted which are likely to involve risk of erosion, landslide, injury to natural vegetation or other hazardous or adverse conditions. Specifically, any lot within an area designed on an officially adopted flood plain map of Sparta Township shall show the extent to which the lot in question lies within said flood plain. Furthermore, any such lot shall be utilized only to such extent as it conforms with the regulations contained in the Administrative Manual, part 3, entitled Basin Regulations, Flood Plain Regulations of the Delaware Basin Commission adopted November 10, 1976, and effective January 1, 1977, whether or not the subject property lies within or without the Delaware River Basin. The above cited regulations are hereby adopted by reference. In addition, the following specific requirements shall be met:
(a)
There shall be no change in the grade of a lot within five feet of an adjoining street or property line unless said change in grade is in accordance with an approved plan.
(b)
No grade shall be increased to a slope greater than 2:1.
(c)
There shall be no filling of land nor the erection of retaining walls in any location or to such height as would reduce the normal sight distance along a street from any point at the right-of-way line of adjoining lot.
(d)
Land disturbance is permitted on an entire lot if the development has been approved by the appropriate Board and does not conflict with or violate another section of the Land Management Code.
3.
If the Construction Official finds that the construction of any building or the disturbance of natural contours is likely to result in any condition mentioned in Subsection f2 above, he shall refer the application and plot plan to the Township Engineer. Upon advice of the Township Engineer, the Construction Official shall require changes in the construction plans or he shall require the construction of berms, gutters, retaining walls, drywells, catch basins and similar structures as may be necessary to control drainage, reduce excavation, maintain a natural environment to the greatest degree possible and to otherwise prevent or eliminate danger from hazardous conditions.
4.
No structure or part thereof shall be erected, raised, moved, extended, enlarged, altered or demolished and no excavation or clearing shall be undertaken until a building permit has been granted by the Construction Official. For the purposes of performing soil tests only, the limited clearing of property without a building permit shall be permitted. Application therefor shall be filed in duplicate by the owner or his agent and it shall state the intended use of the structure on the land. The application shall be accompanied by detailed plans and specifications, plot plan showing open spaces, the established building lines within 200 feet of either side of the proposed structure(s), existing and proposed elevations of the corners of the lot, at the corners of all buildings, along driveways and in any area where change of elevation is proposed, elevations and peculiarities of topography, and such other information as may be necessary or desirable to permit the enforcement of this section.
5.
Plans shall be drawn to scale and shall show actual dimensions in figures. The building plan scale shall be at least 1/4 inch to the foot.
6.
All plans, specifications and plot plans shall be prepared and sealed by a duly licensed architect of the State of New Jersey or a licensed professional engineer, in accordance with N.J.S.A. 45:3-10, except that the owner may sign the building plans for a single family dwelling in the event said owner has prepared the building plans, will personally be the original occupant thereof, and provided said owner files an affidavit to that effect in accordance with law. Notwithstanding any other provisions of this section, a licensed land surveyor of the State of New Jersey may prepare and certify said required plot plan only. The Construction Official shall require a certified survey of the location of a building as required to insure compliance with approved plans.
g.
Temporary Certificate of Occupancy. Where a building permit has been issued, temporary permits may be authorized by the Zoning Board of Adjustment after a hearing for a period not to exceed one year for nonconforming uses, incidental to construction projects on the same premises and including such uses as storage of building supplies and machinery, and the assembly of building materials. In addition, the Zoning Board of Adjustment after a hearing may authorize a certificate of occupancy for a dwelling house to be temporarily used as a sales and management office for the sale of those homes within a subdivision provided all of the following requirements are complied with:
1.
The house to be used as such office is built upon a lot approved as part of a subdivision that has been approved by the Planning Board or Zoning Board of Adjustment.
2.
Said house is of substantially the same quality of construction as those homes to be sold within the subdivision.
3.
No business other than that accessory to the management and sales of lands owned by the applicant shall be permitted.
4.
Said dwelling house shall meet all other zoning restrictions of the zone in which it is located.
5.
The temporary certificate of occupancy issued under this section shall be for no longer than a one-year period. However, such permit may be renewed by the Zoning Board of Adjustment annually after the hearing.
h.
Industrial Permits and Operations. An application for any building permit or certificate of occupancy in the district shall be submitted to the Construction Official in duplicate. The applicant shall also submit in duplicate all plans of the proposed construction and development, including a description of the proposed machinery operation and products as well as an affidavit by the applicant acknowledging his understanding of the applicable performance standards and agreement to conform with same at all times.
i.
Building Records. It shall be the duty of the Construction Official to keep a record of all applications for building permits and certificates of occupancy and of all such permits and certificates issued, with a notation of all special conditions involved. He shall file and safely keep copies of all plans and specifications submitted with such applications, and the same shall form a part of the records of his office. Copies of certificates of occupancy shall be furnished upon request to any person having a proprietary or leasehold interest in the structure or land affected.
j.
Certificate of Occupancy. No land shall be used and no new structure shall be occupied or used in whole or in part for any use, nor shall the use of any land or structure be changed from an existing to a new use until a certificate of occupancy is issued by the Construction Official stating that the structure and the occupancy and use of the land and structure, if any, conforms with the provisions of this chapter. In addition, a certificate of occupancy shall be obtained prior to the occupancy of any existing nonresidential land or building or part thereof by a new owner or tenant, even if there is no change in use. Such certificates of occupancy shall be granted or denied within 10 days from the date written application therefor has been received by the Construction Official in accordance with the New Jersey Uniform Construction Code Act. Unless a certificate is granted within such period, it shall be deemed to be denied. No certificate of occupancy shall be issued for any existing use not meeting all requirements of this Code until a site plan has been approved by the Planning Board. This provision shall not apply where, in the judgment of the Zoning Officer there exists no reasonable possibility of curing the deficiency.
k.
Public Utilities and Public or Institutional Uses. Public utility distribution facilities required for local service may be located anywhere within the Township where reasonably necessary provided such facilities are placed within the right-of-way of existing roads and streets or in utility easements. Public utilities, building or structures, other than those provided for in the foregoing sentence, and institutional uses including public and private schools may be located in any zone if granted by the Planning Board as a conditional use under N.J.S.A. 40:55D-67 and as provided for in Subsection 18-4.3 of this chapter. In connection with such conditional use, a site plan shall be submitted to and approved by the Planning Board after due consideration of the following:
1.
Preservation of existing natural resources on the site;
2.
Safe and efficient vehicular and pedestrian circulation, parking and loading;
3.
Screening, landscaping and location of structures and exterior lighting.
The Planning Board must find that the proposed structure or conditional use will not be detrimental to the health, safety and general welfare of the community and is reasonably necessary for the convenience thereof. Where such a conditional use is granted, the exterior design of any building and the site development plan shall be proposed so as to conform as much as possible with specifically permitted uses and structures within the zone. |
l.
Height Exceptions.
1.
The height provisions of this chapter shall not apply to the erection of building appurtenances such as church spires, belfries, cupolas, domes and flagpoles designed exclusively for ornamental purposes; provided, however, that no such exempted structure shall exceed a height of 50 feet.
2.
The height provisions of this chapter shall moreover not apply to chimneys, flues, bulkheads, elevator enclosures, water tanks or similar accessory structures occupying an aggregate of 10% or less of the area of the roof on which they are located and further provided that such structures do not exceed the height limit by more than 10 feet.
3.
Nothing in this chapter shall prevent the erection above the height limitation of a parapet, wall or cornice extending above such height limit not more than three feet or to the construction of farm buildings of variable heights.
4.
The height provisions of this chapter shall moreover not apply to water tanks, standpipes, and elevated water tanks which are existing or approved to provide central water facilities for a subdivision or site plan in accordance with the provisions of Subsections 18-5.3j, Fire Protection Systems and 18-5.3k, Central Water Facilities.
m.
Structure Placement. Structures shall be so located that specimen trees (16 inches in diameter, measured 4 1/2 feet above the ground) or unique tree stands shall be preserved to the fullest extent possible and shall be fit into the topography of the lot parcel.
n.
Corner Lots. The minimum required front yard shall be provided along both street frontages. The lot width requirement on corner lots shall be increased to 125% of the zone requirement.
o.
Yard Requirements.
1.
Every lot must provide front, rear and side yards as required for its zone. All front yards must face upon an improved street approved by the Planning Board or, where applicable, the Zoning Board of Adjustment.
2.
Front, side and rear building locations shall be surveyed and certified by a licensed land surveyor. The survey may be performed at any time prior to the erection of the building above the foundation. A certified copy of the survey showing elevations shall be presented to the Construction Official when the foundation to the building is completed.
3.
Required yards shall be open to the sky, unobstructed except for the ordinary projection of parapets, windowsills, doorposts, rainwater leaders, cornices, canopies, eaves, bay windows, stairways and similar ornamental or structural fixtures which may not project more than two feet into such yards.
p.
Design Standards. Design standards for sidewalks, topsoil protection, off-street parking, swimming pools, signs, fences and walls and cut and fill contained within § 18-5 Subdivision and Site Plan Standards shall apply to any development in all zones.
q.
Affordable Housing Provisions.
1.
This subsection and Subsection 18-8.5 of the Township of Sparta Comprehensive Land Management Code set forth regulations regarding very low, low and moderate income housing units in the Township of Sparta that are consistent with the provisions of N.J.A.C. 5:93 et seq. as effective on June 6, 1994 and all Council on Affordable Housing ("COAH") rules and regulations, the Sparta Township Declaratory Judgment of September 26, 2016 and this ordinance. These rules are pursuant to the Fair Housing Act of 1985 and the Township of Sparta's Constitutional obligation to provide through its land use ordinances a realistic opportunity for its fair share of very low, low and moderate income housing under COAH regulations and the Township's Declaratory Judgment and Order of Repose dated September 26, 2016. The Declaratory Judgment is incorporated herein by reference. All units provided by applicants shall meet all requirements needed for the Township to obtain credit under COAH rules and judicial decisions.
(a)
Sparta Township's new construction or inclusionary component will be divided equally between very low, low and moderate income households consistent with COAH rules and this Subsection q.
(b)
At least 13% of the total affordable units shall be affordable to very low income households.
(c)
Except for inclusionary developments constructed pursuant to low income tax credit regulations (to the extent inconsistent with tax credit regulation:
(1)
At least 1/2 of all units within each inclusionary within each inclusionary development will be affordable to very low and low income households; and
(2)
At least 1/2 of all rental units will be affordable to all very low and 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 very low and low income households.
(d)
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 very low, low and moderate income units; and
(2)
At least 30% of all very low, low and moderate income units are two bedroom units; and
(3)
At least 20% of all very low, low and moderate income units are three bedroom units; and
(4)
Very low, 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 very low, low and moderate income units within the inclusionary development.
(e)
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 bedroom units will be affordable to 1.5 person households; and
(3)
Two bedroom units will be affordable to three person households; and
(4)
Three bedroom units will be affordable to 4.5 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 as adjusted to conform with the 13% very low income minimum; and
(7)
Moderate income sales units will be available for at least three different prices and low income sales units will be available for at least two different prices; and
(8)
For both owner-occupied and rental units, the very low, low and moderate income units will utilize the same heating source as market units within an inclusionary development; and
(9)
Very low income units will be reserved for households with a gross household income of 30% or less of median gross household income approved by COAH; 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 COAH Rules, New Jersey Mortgage Finance Agency ("NJMFA") Uniform Affordable Housing Controls ("UHAC") rules and this ordinance will be applicable for purchased and rental affordable units.
(f)
For rental units, developers and/or municipal sponsors may:
(1)
Establish one rent for very low income unit, 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 tenant-paid utilities, will be established so as not to exceed 30% of the gross monthly income of the appropriate household size as per COAH rules and UHAC rules. The tenant-paid utility allowance will be consistent with the utility allowance approved by the United States Department as Housing and Urban Development (HUD) for use in New Jersey.
(g)
For sale units:
(1)
The initial price of a very low, low and moderate income owner-occupied single family housing unit will be established so that after a down payment of 5%, the monthly principal, interest, homeowner and private mortgage insurances, property taxes (based on the restricted value of the low and moderate income unit) and condominium 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 100% of those paid by market purchasers. This 100% is consistent with the requirement of N.J.A.C. 5:93-7.4(e). Once established within the master deed, the 100% will not be amended without prior approval from COAH; and
(3)
The Township of Sparta will follow the general provisions concerning uniform deed restriction liens and enforcement through certificates of occupancy or reoccupancy on sale units in accordance with COAH and UHAC rules and this ordinance; and
(4)
Sparta Township will require a certificate of reoccupancy for any occupancy of a very low, low or moderate income sales unit resulting from a resale in accordance with COAH rules and this ordinance; and
(5)
Municipal, State, nonprofit and seller options regarding sale units will be consistent with COAH and UHAC rules and this ordinance. Municipal rejection of repayment options for sale units will be consistent with COAH and UHAC rules and this Subsection q; and
(6)
The continued application of options to create, rehabilitate or maintain very low, low and moderate income sale units will be consistent with COAH and UHAC rules and this Subsection q; and
(7)
Eligible capital improvements prior to the expiration of controls on sale units will be consistent with COAH and UHAC rules and this Subsection q; and
(8)
The regulations detailed in COAH and UHAC rules and this ordinance will be applicable to very low, low and moderate income units that are for sale units as revised to require 13% of all affordable units to be affordable to very low income households.
(h)
In zoning for inclusionary developments the following is required:
(1)
Very low, low and moderate income units will be built in accordance with N.J.A.C. 5:93-5.6(d):
Minimum % of Very Low, Low/Moderate Income Units Completed | % 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 very low, low and moderate income units with market units is encouraged as per N.J.A.C. 5:93-5.6(e).
(i)
A development fee ordinance was approved by COAH and adopted by Sparta Township on May 12, 1998.
(j)
To provide assurances that low and moderate income units are created with controls on affordability over time and that low and moderate income households occupy these units, the Township of Sparta will designate the Sparta Housing Officer with the responsibility of ensuring the affordability of sales and rental units over time. The Sparta Housing Officer will be responsible for those activities detailed in N.J.A.C. 5:93-9.1(a).
(1)
In addition, the Sparta Housing Officer 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 Sparta Housing Officer will require all conveyances of newly constructed units to contain the deed restriction and mortgage lien adopted by COAH and referred to as Technical 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 Sparta Housing Officer will require COAH's appropriate deed restriction and mortgage lien.
(k)
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
(l)
Regarding Rental Units:
(1)
Newly constructed low and moderate income rental units will remain affordable to very low, low and moderate income households for at least 30 years. The Sparta Housing Officer will require the deed restriction and lien and deed of easement referred to as Technical Appendix H, as found in N.J.A.C. 5:93 and this ordinance; and
(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 arrangements will be controlled in a manner suitable to COAH, that provides assurances that such a facility will house very low, low and moderate income households for at least 10 years except 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.
(m)
Section 14(b) of the Fair Housing Act N.J.S.A. 52:27D-301 et seq. incorporates the need to eliminate unnecessary cost generating features from Sparta Township's land use ordinances. Accordingly, Sparta Township 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. Sparta Township will adhere to the components of N.J.A.C. 5:93-10.1 — 10.3.
(n)
The Township of Sparta has a fair share obligation as set forth in its Declaratory Judgment of the Superior Court dated September 26, 2016 which is incorporated herein by reference.
(o)
Affirmative marketing plans shall be followed consistent with COAH rules and shall include at least the following provisions:
(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 number 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 Township of Sparta is in the housing region consisting of the Sussex, Bergen, Hudson, Passaic and Morris Counties.
(2)
The affirmative marketing program is a continuing program and will meet the following requirements:
(i)
All newspaper articles, announcements and requests for applications for very low, low and moderate income units will appear in the following newspapers/publications:
Sunday Herald.
New Jersey Herald.
Sparta Independent.
(ii)
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.
The advertisement will include:
(iii)
Applications must be mailed to prospective applicants upon request.
(iv)
Public service announcements may be made through the use of the following radio and/or cable television stations broadcasting throughout the region: TKR Cable TV Channel 3, Public Bulletin Board, and Service Electric Cable TV Channel 8, Public Bulletin Board.
(v)
Announcements, requests for applicants and newspaper articles may be placed in the following neighborhood-oriented weekly newspapers, religious publications and organizational newsletters within Sussex and Morris Counties, as needed:
Sparta Independent |
If applicable, the following regional radio and/or cable television station(s) will be used: |
WSUS Radio |
WNNJ Radio |
SECTV, Inc, Channel 8 |
(vi)
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:
Sparta Township Municipal Building 65 Main Street Sparta, New Jersey 07871 |
Sparta Township Library 22 Woodport Road Sparta, New Jersey 07871 |
Sparta Newsletter |
Sparta Ecumenical Council |
Sparta Senior Center Knoll Road |
Sparta Senior Welfare Director |
(vii)
Applications will be mailed to prospective applicants upon request.
(viii)
Additionally, applications will be sent to the chief administrative employees of each of the following agencies in the counties of Sussex, Morris, Bergen, Hudson and Passaic:
Sussex County Office on Aging
(ix)
The following is a description of the random selection method that will be used to select occupants of very-low-, low- and moderate-income housing: Occupants of very-low-, low- and moderate-income income housing shall be administered by the administrative agencies listed below.
[Amended 11-12-2019 by Ord. No. 19-20]
(x)
The Township of Sparta is ultimately responsible for administering the affirmative marketing program. The Township of Sparta has delegated this responsibility to the Sparta Housing Officer. The Sparta Housing Officer will income qualify very low, low and moderate income households; place income eligible households in very low, low and moderate income units upon initial occupancy; provide for the initial occupancy of very low, low and moderate income units with income qualified households; continue to qualify households for reoccupancy of units as they become vacant during the period of affordability controls; assist with advertising and outreach to low and moderate income households if in contract; and enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:93-9. The Director of Planning within the Township of Sparta is the designated Housing Officer to act as liaison to the Sparta Housing Officer. The Sparta Housing Officer will provide counseling services to very low, low and moderate income applicants on subjects such as budgeting, credit issues, mortgage qualifications, responsibilities of homeownership, rental lease requirements and landlord/tenant law. The following service providers have agreed to perform the above services:
Sparta Housing Officer, Morris County Housing Partnership Housing Rehabilitation Admin., Hardyston Township, Community Development Director.
(xi)
Households who live or work in the COAH-established housing region of Sussex, Bergen, Hudson and Passaic Counties 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 Township of Sparta intends to comply with N.J.A.C. 5:93-11.7. Veterans and surviving spouses shall have a preference, if they meet all eligibility requirements, which preference shall take priority over all other preferences.
[Amended 11-12-2019 by Ord. No. 19-20]
(xii)
Developers of very low, low and moderate income housing units shall assist in the marketing of the affordable units in their respective developments if so designated by the Township of Sparta.
(xiii)
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 very low, 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 continue to be necessary.
(xiv)
The Sparta Housing Officer will comply with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 12.1 and in the Declaratory Judgment and settlement with Fair Share Housing Center.
2.
Violations and Penalties.
(a)
Any person or entity who violates any term, condition, or requirement of this chapter or violates any term, condition or requirement of the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.) (the "Act") or violates any term, condition or requirement of the substantive or procedural rules of the New Jersey Council on Affordable Housing (N.J.A.C. 5:96 and/or 5:97 et seq., as same may be amended or replaced) or violates the Uniform Housing Affordability Controls Act ("UHAC") or any term, condition or requirement imposed by the New Jersey Housing and Mortgage Finance Agency (N.J.A.C. 5:80-26.1 et seq., as same may be amended or replaced) (all of the above ordinances, Acts and regulations are collectively referred to in this Chapter as the "Affordable Housing Laws") shall be subject to punishment as set forth in this section.
(b)
Upon the occurrence of a violation of any of the Affordable Housing Laws, or the breach of any affordable housing agreement governing an affordable unit, the Township of Sparta shall have all remedies provided at law or equity, including but not limited to foreclosure, ejectment, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in violation of the regulations, injunctive relief, or the issuance of a municipal summons to prevent further violation of the Affordable Housing Laws and/or affordable agreement governing the home or unit.
(c)
After providing written notice of a violation to an owner, developer or tenant of a very-low-, low- or moderate-income unit and advising the owner, developer or tenant of the penalties for such violations, the Township of Sparta may take the following action(s) against the owner, developer or tenant for any violation that is not cured for a period of 30 days after service of the written notice:
(1)
The Township of Sparta may file an action in either the Superior Court or the Municipal Court, as applicable, pursuant to N.J.S.A. 2A:58-11, alleging a violation or violations of the Affordable Housing Laws. If the owner is found by the court to have violated any provision of the Affordable Housing Laws, as applicable, the owner shall be subject to one or more of the following penalties, at the discretion of the court:
(i)
A fine of not more than $2,000; imprisonment for a period not to exceed 90 days; a period of community service not exceeding 90 days; or any or more of the foregoing penalties. Each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense;
(ii)
In the case of an owner who has resold his or her very-low-, low- or moderate-income unit in violation of the above laws, payment into the Township of Sparta Affordable Housing Trust Fund of the difference between the unauthorized resale price and the maximum allowed resale price allowed by this chapter;
(iii)
In the case of an owner who has rented his or her very-low-, low- or moderate-income unit in violation of the above laws, payment into the Township of Sparta Affordable Housing Trust Fund of the unauthorized rental charge as defined in the UHAC under N.J.A.C. 5:80-26.18(d)(6); or
(iv)
In the case of an owner who has rented his or her very-low-, low- or moderate-income unit in violation of this chapter, payment into the Township of Sparta Affordable Housing Trust Fund of the innocent tenant's reasonable relocation costs, as determined by the court.
(2)
The Township of Sparta may file a court action in the Superior Court seeking a judgment which would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if same were a judgment of default of the first-purchase money mortgage and shall constitute a lien against the very-low-, low- or moderate-income unit.
(i)
Such judgment shall be enforceable, at the option of the Township of Sparta, by means of an execution sale by the Sheriff, at which time the very-low-, low- or moderate-income unit of the owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first-purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the Township of Sparta, including attorney's fees. The owner shall have his or her right to possession terminated as well as his or her title conveyed pursuant to the Sheriff's sale.
(ii)
The proceeds of the Sheriff's sale shall first be applied to satisfy the first-purchase money mortgage lien and any prior liens upon the very-low-, low- or moderate-income unit. The excess, if any, shall be applied to reimburse the Township of Sparta for any and all costs and expenses incurred in connection with either the court action resulting in the judgment or Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the Township of Sparta in full as aforesaid, the owner shall be personally responsible for and to the extent of such deficiency, in addition to any and all costs incurred by the Township of Sparta in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the Township of Sparta for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the Township of Sparta for such. Failure of the owner to claim such surplus within the two-year period shall automatically result in a forfeiture of such surplus to the Township of Sparta. Any interest accrued or earned on such surplus while being held in escrow shall belong to and shall be paid to the Township of Sparta, whether such surplus shall be paid to the owner or forfeited to the Township of Sparta.
(iii)
Foreclosure by the Township of Sparta due to violation of the Affordable Housing Laws shall not extinguish any affordability controls in effect as to any very-low-, low- or moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of this chapter and the Affordable Housing Agreement. The owner determined to be in violation of the provisions of the Affordable Housing Laws and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.
(iv)
If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first-purchase money mortgage and any prior liens, the Township of Sparta may acquire title to the very-low-, low- or moderate-income unit by satisfying the first-purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first-purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the very-low-, low- or moderate-income unit could have been sold under the terms of this chapter. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.
(v)
Failure of the very-low-, low- or moderate-income unit to be either sold at the Sheriff's sale or acquired by the Township of Sparta shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the Township of Sparta, with such offer to purchase being equal to the maximum resale price of the very-low-, low- or moderate-income unit as permitted by the terms and provisions of this chapter.
(vi)
The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of this chapter until such time as title is conveyed from the owner.
(3)
In the event of an unlawful rental of a very-low-, low- or moderate-income unit in violation of the Affordable Housing Laws, and where the tenant has entered into the tenancy without knowledge of its unlawful nature, the Township of Sparta, upon request by the tenant, may pursue a rent-to-equity remedy. Under such a rent-to-equity program, the tenant, including the immediate family of such tenant, shall be given an opportunity to purchase the unit from the affordable owner, and the affordable owner shall be compelled to sell the unit to the tenant, with the total of all rent paid to the owner being credited to tenant as down payment money paid to the affordable owner. Any person seeking to obtain a unit under a rent-to-equity program must first be certified as eligible under the provisions of N.J.A.C. 5:80-26.16.
(4)
In addition to, and not in the place of, the foregoing remedies, the Township of Sparta may also issue a summons for each and every violation of the provisions of this chapter which will be enforceable in the Sparta Township Municipal Court. The persons or entities that may be cited with a violation of this chapter include any condominium association or homeowners' association that has a duty to report any unit owner or other person with an interest in an affordable housing unit such as a lessee or tenant, in any building, premises, home, or unit, where such violation has been committed or shall exist. Any person or entity found to have violated this chapter shall be subject to a fine of not more than $2,000; imprisonment for a period not to exceed 90 days; a period of community service not exceeding 90 days; or any one or more of the foregoing penalties, at the discretion of the Sparta Township Municipal Court. Each and every day that such violation continues or exists may be treated by the Municipal Court as a separate and specific violation of these provisions and not as a continuing offense.
r.
Historic Preservation. The historic preservation regulations are set forth to effect and accomplish the protection, enhancement and preservation of the historic districts and the central business area of the Township which contribute to the unique village environment and rural character of the community.
The purpose of the provisions of this subsection is to set forth guidelines for evaluating the impact of conversion, new construction, alterations, additions and demolition of structures within the historic zone districts.
1.
Conversion of the existing buildings within the historic zone shall be reviewed to determine the effect on the neighborhood and the subject property. In regard to all applications for site plan, subdivision or variances affecting a structure, the following factors shall be considered:
(a)
The impact of the proposed change on the significance of the structure or neighborhood.
(b)
The structure's importance to the Township and the extent to which its historic or architectural significance would be adversely affected to the detriment of the public interest.
(c)
Use of the structure involved.
(d)
The extent to which the proposed action would adversely affect the public's view of a landmark or structure within the neighborhood or district.
(e)
The impact the proposed change to a structure would have on the architectural significance and visual compatibility with related structures in the neighborhood.
2.
In regard to an application for new construction, alterations or additions affecting the structures in the historic zone districts, the following factors shall be considered for visual compatibility with the existing structure and buildings and places to which it is visually related:
(a)
Height. The height of the proposed building or addition.
(b)
Proportion of the Building's Front Facade. The relationship of the width of the building to the height of the front elevations.
(c)
Proportion of Openings Within the Facility. The relationship of the width of windows to the height of windows in a building.
(d)
Rhythm of Spacing of Buildings on Streets. The relationship of the building to the open space between it and adjoining buildings.
(e)
Rhythm of Entrance and/or Porch Projections. The relationship of entrance and porch projections to the street.
(f)
Roof Shape and Scale of Building. The size of a building, the mass of a building in relationship to open spaces, the windows, door openings, porches and balconies.
(g)
Directional Expression of Front Elevation. A building shall be visually compatible with buildings and places to which it is visually related in its directional character, whether this be vertical character, horizontal character, or nondirectional character.
(h)
Relationship of Materials, Texture and Color. The relationship of materials, texture and color of the facade and color of the building.
(i)
Walls of Continuity. Appurtenances of a building such as walls, open type fencing, evergreens, landscape masses, shall form cohesive walls of enclosure along a street to the extent necessary to maintain visual compatibility of the main buildings, with the building and places to which it is visually related.
(j)
Exterior Features. A structure's related exterior features such as lighting, fences, signs, sidewalks, driveways and parking areas shall be compatible with the features of those structures to which it is visually related and shall be appropriate for the historic period for which the structure is significant. New signage shall also abide by the historic design of the principal structure and neighborhood.
3.
In regard to an application to demolish a structure or any improvement within the historic zone districts, the following matters shall be considered:
(a)
Its historic architectural, cultural or scenic significance in relation to the criteria established in Subsection 3c.
(b)
The significance of the structure in relation to the historic character of the zone district and the probable impact of its removal on the neighborhood.
(c)
Its potential for use for those purposes currently permitted by the zoning ordinance.
(d)
Its structural condition and the economic feasibility of alternatives to the proposal.
(e)
Its importance to the municipality and the extent to which its historical or architectural value is such that its removal would be detrimental to the public interest.
(f)
The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could be reproduced only with great difficulty and expense.
(g)
The extent to which its retention would promote the general welfare by maintaining and increasing the real estate values, generating business, attracting tourists, attracting new residents, or making the municipality an attractive and desirable place in which to live.
(h)
The Board with jurisdiction over an application in the White Deer Plaza Historic District shall refer the application to the Lake Mohawk Board of Trustees for comments concerning the impact on the National and State Historic Designation. This shall include any variance, site plan, subdivision or site plan waiver request. Prior to the application being deemed complete and prior to any Board approval, the applicant shall demonstrate that it has obtained written approval from the Lake Mohawk Association in compliance with the Lake Mohawk Association design approval deed restriction.
s.
Land Disturbance — Construction Permit.
1.
Permit Required. No person shall commence any construction, grading, filling, or other form of land disturbance, nor shall any use be commenced in furtherance of any approved preliminary and/or final subdivision or site plan, unless a permit for same shall have first been obtained from the issuing authority, which shall be the office of the Township Planner.
2.
Prerequisites. Prior to the issuance of any such permit, the Township Planner shall have first determined that:
(a)
All conditions of Board approval have been met.
(b)
All fees and escrow monies due the Township have been paid or deposited.
(c)
All required permits have been obtained and documentation of permit issuance has been submitted.
(d)
All proposed construction will be in accordance with approved plans.
(e)
A pre-construction meeting has been held with the Township Engineer.
(f)
All off-tract improvements contributions have been deposited with the Township.
(g)
All required surety has been posted and accepted by the Township Council.
(h)
A developer's agreement, if required has been executed with the Township Council.
(i)
The developer has made arrangements with the Sparta police and provider of other emergency services with respect to traffic control and circulation considerations during construction activities as required by the Board.
3.
Issuance of Permit. No such permit shall be issued unless, at least 10 days prior to the date on which construction is proposed to commence, the applicant shall have applied, in writing, on an approved application form, accompanied by written documentation that the conditions attending the underlying approval (subdivision or site plan review), including but not limited to, all requisite third party permits have been secured. Three copies of all approvals should be found and submitted to the Planning Department.
4.
Term. Such permit shall be valid for a period of one year from date of issuance and shall automatically expire, by limitation, unless construction pursuant thereto shall have been actually commenced within such period and shall have been diligently pursued.
5.
Fee. The application fee for such permit, which shall be payable at the time of application therefore, shall be as set forth in the fee ordinance.
6.
Site restoration guarantees may be required as a condition of approval.
(a)
It is the intent of this subsection, in the event of cessation of land disturbance and/or construction activities for a period of more than 120 consecutive days, when adverse weather conditions are not the cause of such cessation of operation or the applicant has not satisfactorily explained to the Township Engineer and Planner the reason for cessation of operation and when the Township Engineer and Planner shall not have found that such cessation of operation is of a temporary nature, only, to assure restoration of so much of the site as is reasonably required to result in a safe and stable condition and one which does not create a risk to the public health and safety.
In the event of the anticipated cessation of land disturbance and/or construction activities, for a period of more than 90 consecutive days, the applicant shall have provided advance notice thereof, in writing, to the Township Engineer and Township Planner setting forth, in detail the reasons for the proposed cessation of such activities and stating, to the best of the applicant's ability, the anticipated date upon which the activities will recommence.
(b)
Consequently, it shall be required that, prior to the issuance of a land disturbance-construction permit, the applicant shall first have posted with the Township a restoration guarantee, meeting the requirements of N.J.S.A. 40:55D-6 and N.J.S.A. 40:55D-53, to assure the prompt and proper restoration of only so much of the site as, in the opinion of the Township Engineer, is unsafe, unstable or presents a risk to the public health and safety.
(c)
The amount of restoration guarantee shall be equal to 120% of the estimated cost of restoration of the site to a safe and stable condition, assuming all land disturbance and construction activities are in full progress when the cessation thereof has taken place. A written estimate of the cost of the restoration shall be prepared by the applicant's engineer and approved by the Township Engineer and Township Planner.
(d)
The applicant shall have the option of posting separate restoration guarantees for various separate phases of land disturbance or construction activities upon the site, in order that, upon the satisfactory completion of a particular phase of land disturbance or construction, the applicant may apply for and secure the release of the restoration guarantee posted for that particular phase.
(e)
Such restoration guarantee shall be posted with the Township, shall be approved by the Township Attorney and accepted by the Township Council prior to the issuance of any land disturbance-construction permit pursuant to this subsection.
8.
Violations and Penalties.
(a)
Any person violating this subsection, upon conviction, shall be subject to a fine up to $1,000 per day for any such violation and each and every day such violation continues shall be considered a separate and distinct violation; or shall be imprisoned for a period not to exceed 90 days, or both.
(b)
In addition to the foregoing, the Township shall be entitled to apply to the Superior Court for an injunction to prohibit the commencement and/or continuation of such construction undertaken in violation of this subsection.
t.
Tree Preservation.
1.
Purpose. The findings of the Township Council, the Planning Board and the Environmental Commission conclude the indiscriminate, uncontrolled and excessive destruction, removal and cutting of trees upon lots and tracts of land within The Township causes increased drainage control costs, increased soil erosion and sedimentation, degradation of water resources, decreased groundwater recharge, increased buildup of air pollutants and dust tending to impact the character of the Township and a decrease in property values, which adversely affects the public health, safety and general welfare of the Township residents, business owners and visitors. The Township desires to regulate and control indiscriminate and excessive removal and cutting of trees within the Township, preserve the maximum possible number of quality trees in the course of development of a site or lot, seek to protect larger specimen trees and encourage innovative design and grading to promote the preservation of existing trees.
2.
The Governing Body and the Planning Board recognizes a strong relationship between the integrity of the Township and the region's water resources and the development on constrained land (steep slopes, wetlands, depth to ground water etc.), tree removal, soil disturbance, storm water management, and the general use of the land resources. Therefore, the appropriate management of the Township's resource is an important health, safety and general welfare issue to be regulated.
3.
Definitions. The listed definitions or terms in § 18-2 as used in the ordinance section shall apply.
4.
Cutting or Removal Restricted. With the exceptions of the exemptions established in this subsection no person shall cut or remove, or cause to be cut or removed, any existing tree with a diameter at the point of measurement of four-inch caliper or greater upon any lands within the Township unless the cutting and removal can be accomplished in accordance with the provisions set forth in this subsection.
5.
Exemptions. The following shall be exempted from the requirements of this subsection:
(a)
Commercial nurseries or fruit orchards.
(b)
Christmas tree farms.
(c)
Any tree which is a part of a cemetery.
(d)
Trees directed to be removed by the Township, County, State or Federal authority pursuant to law.
(e)
Removal of dead, dying or diseased, or damaged trees, or trees whose angle or growth makes them an immediate hazard to structures or human life.
(f)
Pruning or removal of trees within the right-of-way by utility companies or maintenance of utility wires or pipelines and the pruning of trees within sight easements.
(g)
Trees removed in conjunction with farmland greater than 25 acres that will be actively devoted primarily to agricultural uses and that yield a minimum annual income of $500 per year from said farming activities. A plan must be submitted to the Planning Department for review and approval. In the event the expanded farmlands are not actively farmed for a period of two years, the tree replacement provisions contained in this subsection will apply.
(h)
Parcels of land with a forest management plan approved by the NJDEP Division of Forestry. The approved plan must be submitted to the Planning Department as a matter of record.
(i)
Single family lots with tree removal of an area less than 5,000 square feet for the purposes of additions, accessory structures and expanded yard areas except in restricted areas such as conservation easements, wetlands or wetland buffers. Separate tree removal events on a lot over a three-year period, which exceeds 5,000 square feet are not exempt from the subsection.
(j)
Parcels of land with preliminary site plan or subdivision approval. Removal of trees prior to Board approval is prohibited, unless it is part of site investigation such as percolation test for septic system suitability.
6.
Residential Lots (excluding major and minor subdivisions and site plans):
(a)
Tree removal on residential lots exceeding an area of 5,000 square feet requires an application to the Site Plan Subcommittee of the Planning Board to waive the requirement of a tree removal site plan. The Subcommittee may choose to require a notice hearing before the full Board based on the information presented.
(b)
Application Form. The application form shall be available at the Planning Department and shall include the following information:
(1)
Name, address and telephone number of owner of the premises.
(2)
Block and lot, and address of property where the tree removal is located.
(3)
Name, address and telephone number of person performing the work.
(4)
A list of trees to be removed with a DPM equal or greater than four inches identified by size and species, including total number of each species to be removed.
(5)
Purpose of tree removal (construction, driveway, recreation area, patio, parking area or other similar activity).
(6)
A property survey indicating the area of the tree removal activity and existing tree line to remain.
7.
Site Plan. Tree removal shall be permitted only after board approval and only for those trees necessary to construct the project. Appropriate protective measures for trees to be preserved shall be in place prior to construction. Refer to the Checklist for the required information.[1]
[1]
Editor's Note: Checklists referred to herein may be found in Appendix B attached to this chapter.
8.
Minor or Major Subdivisions. Tree removal shall be permitted only after Board approval and only for those trees necessary to construct the project. Appropriate protective measures for trees to be preserved shall be in place prior to construction. Refer to the Checklist for the required information for play submission[2]
[2]
Editor's Note: Checklists referred to herein may be found in Appendix B attached to this chapter.
9.
Review and Design Standards.
(a)
Trees shall be permitted to be removed as necessary to permit the construction of buildings, structures, decks, pools, driveways, septic field, lawn area for recreational use for the residents of the dwelling and any other authorized improvements. Existing vegetation shall be preserved to the greatest extent feasible.
(b)
Existing lots with tree cover shall maintain a minimum of 30% of the lot area with a tree canopy. This standard may be waived if the Board finds that the intent of the subsection has been met or relief can be granted without negatively impacting the purposes of zoning.
(c)
Site or tree protection measures including a field delineated area of disturbance with a silt fence or construction fence in place prior to removal and any other measure as deemed appropriate by the Board or Subcommittee.
(d)
Healthy trees outside of the building setback requirements should be retained to maintain resource protection and buffering to neighboring properties, unless the trees pose a hazard to person or property or whereby the approved construction grading or disturbance would cause damage to a tree creating an unsafe condition.
(e)
Trees and vegetation shall not be removed in wetlands, wetland buffers or dedicated conservation easements except for exempted activities or as approved by NJDEP.
10.
Protection of Trees. Whenever an application for tree removal has been granted, whether by site plan, subdivision or site plan waiver the following tree protection measures shall be observed.
(a)
Where practical, no material or temporary soil deposits shall be placed within the drip of a tree to be preserved. A minimum of six feet must be maintained.
(b)
Except while engaged in tree removal, no equipment shall be operated within six feet of any tree to be preserved.
(c)
A temporary tree protection detail is included in paragraph. Other methods must be submitted and approved by Board.
11.
Violations and Penalties.
(a)
Where a site plan has been cleared and/or constructed on a site which results in accidental removal or severe damage which will result in death of any tree noted for preservation, the owner/developer shall replace the tree(s) on a one to one basis per individual tree in accordance with the following table:
Caliper of Existing Tree Removed | # of Replacement Trees 2 1/2 inches Caliper |
|---|---|
Between 18 and 24 inches | 3 |
Between 24 and 30 inches | 5 |
Between 30 and 36 inches | 7 |
36 inches or greater | 10 |
12.
Permit Approval.
(a)
Where tree removal is a part of an application for site plan or subdivision, the Municipal Land Use Law governs.
(b)
Where the application is made in connection with a single-family lot (not part of a subdivision) the Township Planner shall have 10 days for completeness review. After the application is complete the Board shall have 30 days to act or extend with consent of the applicant.
(c)
No approval shall be granted, if the Board finds that the proposed tree removal is contrary to the best interests of the public health, safety or general welfare.
(d)
The duration of the tree removal approval for a site plan or subdivision or variance application is based on the Municipal Land Use Law. The single-family lot with no variances shall be one year from the date of Board action.
(e)
The applicant must notify the Planning Department in writing five days prior to start of work.