Upper Freehold Township
City Zoning Code
City Zoning Code
SECTION 35
600 Conditional Uses and Special Provisions
§ 35-601 CONDITIONAL USES.
[Ord. No. 34-97 § 81-601; Ord. No. 176-06 § 1; Ord. No. 205-2008 § 1; Ord. No. 208-2008 § 4; Ord. No. 209-2008 § 4]
In accordance with the definition of "Conditional Use" in N.J.S.A. 40:55D-3 of the Municipal Land Use Law, a conditional use is a use permitted in a particular zoning district within Upper Freehold Township only upon a showing by the applicant that the use in the proposed location will comply with the conditions and standards for the location and/or operation of the use as contained within this chapter.
A.
General Provisions.
1.
Before a construction permit or Certificate of Occupancy shall be issued for any conditional use as permitted by this chapter, authorization for the conditional use shall have been granted by the Planning Board.
2.
The Planning Board shall review applications submitted to Upper Freehold Township for conditional uses as permitted by this chapter. Additionally, in accordance with N.J.S.A. 40:55D-67 b of the Municipal Land Use Law, the review by the Planning Board of an application for a conditional use also shall include any required site plan and/or subdivision review as may be necessary pursuant to this chapter.
3.
Public notice and a public hearing regarding the request for approval of the conditional use shall be required as stipulated in Subsection 35-706D of this chapter. Where a conditional use application involves a site plan or subdivision, notice of the hearing also shall include reference to requested site plan and/or subdivision approval, and the Planning Board shall review and approve or deny the subdivision or site plan simultaneously with the conditional use application.
4.
In accordance with N.J.S.A. 40:55D-67 a of the Municipal Land Use Law, the Planning Board shall grant or deny the application for a conditional use within 95 days of submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. Failure of the Board to act within the required time period shall constitute approval of the application.
B.
Car Washes.
Car washes are permitted conditional uses within the "HD" Highway Development District in accordance with the following conditions and standards:
1.
All mechanical activities must be conducted within a totally enclosed, building, other than individual car vacuums. No merchandise, products or other equipment or objects shall be displayed or stored outside. No motor vehicles, trailers or similar equipment shall be displayed or parked on the premises for the purpose of display, sale, storage or overnight parking.
2.
Three access lanes for each mechanized car wash entrance shall be provided, each lane with a minimum capacity to queue up 12 vehicles.
3.
All vehicle entrances to the car wash building shall be from the rear of the building, and all parked and waiting vehicles shall be accommodated on the lot.
4.
In addition to the access lanes, off-street parking shall be provided in accordance with the following schedule:
a.
One separate space for each waxing, upholstery cleaning or similar specialized service area;
b.
One space for each employee; and
c.
Two spaces for each mechanized car wash exit for the purpose of drying vehicles outside the building and for customer pick-up. Such spaces shall not interfere with any required or necessary exit lanes.
5.
Landscaping shall be provided in the front yard area in order to lessen the visual appearance of the activities on the site from the street.
6.
Long expanses of building facades shall be broken with variations in architectural design and/or landscaping, and the building facade shall not consist of metal siding.
7.
The wastes from the car washing operation shall be pretreated in accordance with a plan approved by the Township Engineer prior to their discharge. A system to recycle and reuse the water from car washes shall be required and shall be subject to the Township Engineer's review and approval.
8.
All of the area, yard, building coverage, height, and general requirements of the "HD" District and all other applicable requirements of this chapter not contrary to the specific conditions and standards specified herein shall be met, but waivers and/or variances from such "HD" District and any other applicable requirements of this chapter may be granted by the Planning Board.
C.
Cellular Antennas.
1.
The purposes of these provisions are to provide specific zoning conditions and standards for the location and operation of cellular antennas for telephone, radio, paging and/or television communication which recognize the need to safeguard the public good and preserve the intent and the purposes of the Upper Freehold Township zone plan.
2.
In order to provide evidence that the location of the proposed antennas (and any proposed supporting tower and ancillary building enclosing related electronic equipment) have been planned to result in the fewest number of locations within the Township of Upper Freehold at the time full service is provided by the applicant throughout the Township, the applicant shall provide an overall comprehensive plan indicating how full service will be provided throughout the Township of Upper Freehold and how the proposed location for the antennas relates to the location of any existing antennas and to the location of any additional antennas needed in the future.
3.
If needed in accordance with an overall comprehensive plan for the provision of service throughout the Township of Upper Freehold, "Cellular Antennas" shall be permitted at locations that satisfy at least one of the following two conditions:
4.
If the proposed antenna(s) will be attached to an existing tower or to an existing or proposed water tower or water standpipe, no land area shall be required in addition to the land area upon which the existing structure is situated. Other properties upon which "Cellular Antenna" are proposed to be located, including any supporting tower and ancillary building enclosing related electronic equipment, shall meet the following minimum requirements:
a.
The minimum lot area shall be one acre; and
b.
Excepting for any access driveway into the property, any required landscaping and any underground utility lines reviewed and approved by the Planning Board as part of the site plan submission, no building, structure and/or disturbance of land shall be permitted within a 100 feet setback distance from any street line or any other property line, except that if the tower will exceed 100 feet in height, the tower shall be set back a distance equivalent to its height from any street line and any other property line.
5.
The height of any proposed antenna and any proposed new tower shall be demonstrated by the applicant to be the minimum height necessary for the proposed installation to satisfactorily operate.
6.
Any proposed building enclosing related electronic equipment shall not be more than 15 feet in height nor more than 600 square feet in area, and only one such building shall be permitted on the lot.
7.
All proposed antenna, any proposed new tower and any proposed building enclosed related electronic equipment shall be of the "stealth" variety and shall be colored to best blend with and be camouflaged from the surroundings, including any sight vistas. Lattice or exposed structural steel towers shall not be permitted.
8.
Between any existing or zoned residential property bordering the proposed lot and the location of any proposed new tower or any proposed building enclosing related electronic equipment, a landscaped buffer at least 50 feet deep shall be provided in accordance with the following:
a.
The landscaped buffer shall consist of a combination of existing and/or newly planted evergreen and deciduous trees of sufficient density to screen the view of the tower and building from the surrounding residential properties to the maximum extent possible; and
b.
Any newly planted evergreen trees shall be at least eight feet high at time of planting, and any newly planted deciduous trees shall be a minimum caliper of two inches at time of planting.
9.
Off-street parking shall be permitted as needed and as approved by the Planning Board.
10.
Fences and other safety devices shall be permitted as needed and as approved by the Planning Board.
11.
The applicant shall provide a performance guarantee and/or other assurances pursuant to recommendation by the Township Engineer and satisfactory to the Planning Board and Township Committee and in a form reviewed and approved by the Township Attorney and approved and accepted by the Township Committee that will cause the antennas, the supporting tower, the ancillary building enclosing related electronic equipment and all other related improvements to the land to be removed, at no cost to the Township, when the antennas are no longer operative. Any communication facility not used for its intended and approved purpose for a period of six months shall be considered "no longer operative" and shall be removed by the applicant or their assigns within 60 days thereof.
12.
All other applicable requirements of this chapter not contrary to the specific conditions and standards specified herein shall be met, but waivers and/or variances of such other applicable requirements of this chapter may be granted by the Planning Board.
D.
Drive-through windows for restaurants and pharmacies.
[Amended 12-3-2020 by Ord. No. 311-20]
1.
A drive-through window for a restaurant shall be permitted only if the restaurant is located within the HD Highway Development District or the CC-1 Community Commercial Tier One District..
2.
The Planning Board shall be satisfied that the on-site and off-tract traffic circulation is capable of accommodating the proposed traffic volume, particularly during peak hours. The stacking driveway for the drive-through window shall provide room for at least 12 automobiles and shall be separated from any off-street parking areas and their access aisles, loading areas or trash enclosures.
3.
A drive-through window for a restaurant, the accompanying driveway, and any associated signage shall be set back a minimum distance of 500 feet from any lands zoned for residential development.
4.
A drive-through window for a restaurant and the associated signage shall be provided landscaping to visually screen the window, signage and driveway from adjacent properties.
E.
Public Utility Uses.
1.
For purposes of this subsection, the term "public utility uses" shall include uses serving the needs of the public such as telephone dial equipment centers and electrical power substations, but shall exclude dumps, sanitary landfills and/or transfer stations or recycling depots, as well as the following utilities which are regulated elsewhere in this chapter as follows:
a.
"Public Utility Lines", which are permitted in accordance with Subsection 35-402F of this chapter;
b.
"Public Utility Transformer And Junction Boxes", which are permitted in accordance with Subsection 35-402G of this chapter;
c.
"Cellular Antennas", which are permitted as a "Conditional Use" in accordance with Subsection 35-601C of this chapter hereinabove;
2.
The proposed installation of a public utility use in a specific location must be necessary for the convenient and efficient operation of the subject public utility and for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located. The application for conditional use and site plan approval shall include a statement setting forth the need and purpose of the installation.
3.
The design of any building in connection with the public utility installation must not adversely affect the safe and comfortable enjoyment of the properties in the surrounding area.
4.
Adequate fences, screening devices and other safety devices must be provided as may be required. Fences, when used to enclose public utility installations such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Code in effect at the time of the construction.
5.
The maximum building coverage shall be 35% and the maximum lot coverage shall be 50%. Landscaping, including shrubs, trees and lawns, shall be provided and maintained.
6.
Off-street parking shall be provided as determined by the Planning Board during site plan review.
F.
Quasi-Public Uses.
1.
For purposes of this chapter, the term "quasi-public uses" shall be limited to clubhouses, lodges, meeting halls, educational centers or other such indoor uses for non-profit fraternal, philanthropic, educational or eleemosynary organizations.
2.
A statement setting forth the purpose of the proposed use and the operation of any proposed structures shall be submitted to the Planning Board. In order to grant approval, the Planning Board must conclude that the proposed use in the specific location will service the community without any substantially negative impact to the surrounding residential neighborhood.
3.
Any site lighting shall be in accordance with the minimum requirements specified for "On-site Lighting" within Subsection 35-508B of this chapter as well as the following:
a.
All lights shall not exceed 14 feet in mounting height, shall be recessed and focused downward and shall be shielded from adjacent residential uses;
b.
No lens shall protrude beyond the casing for the light fixture;
c.
All lights shall be turned off when the site is not in use, except that one security light approved by the Planning Board may be permitted to remain on all night;
d.
Upon construction and prior to the issuance of a Certificate of Occupancy, the lighting shall be subject to a night light test by the Township Engineer, and any adjustments to the lighting which are necessary in order to conform to the requirements of this chapter and the approved plan shall be made by the landowner as may be required by the Township Engineer.
4.
The "Area And Yard Requirements" specified within Subsection 35-405D of this chapter for "Fire & First Aid Uses" in the "AR" and "RA-5" Districts and all other applicable requirements of this chapter not contrary to the specific conditions and standards specified herein shall be met, but waivers and/or variances from the "Area And Yard Requirements" and from any other applicable requirements of this chapter may be granted by the Planning Board.
G.
Satellite Dish Antennas.
1.
The purposes of these provisions are to promote communication within the Township in a manner which will properly safeguard the public health, safety and welfare, by permitting the use of satellite dish antennas in all zones, said antennas to be installed in an unobtrusive manner so as not to interfere with the intent and purpose of the zone plan.
a.
Applications for the installation of a satellite dish antenna shall be subject to the minor site plan review provisions set forth in § 35-803 of this chapter, except that the following satellite dish antennas are permitted without the necessity of obtaining either "conditional use" or "minor site plan" approval:
2.
Installation or construction of satellite dish antennas shall be subject to the following minimum requirements:
a.
A satellite dish antenna shall function only as a receiving station and not as a transmitting station except that, subject to the other requirements specified herein, an antenna used by an amateur radio operator licensed by the Federal Communications Commission is permitted, provided that the antenna is permitted only at the authorized transmitting location;
b.
A satellite dish antenna may not be placed on any lot which does not contain a permitted principal structure;
c.
No satellite dish antenna may be located in the front yard area. However, if a satellite dish antenna is ground mounted in a side yard area, the antenna shall be located in conformity with the side yard setback requirements for permitted accessory structures and the front yard setback requirements for a permitted principal structure in the zoning district in which the lot is located;
d.
If a satellite dish antenna is to be roof-mounted, the bottom of the satellite dish antenna shall not extend more than one foot above the roof line where mounted, the antenna shall not be larger than three feet in diameter, and the antenna shall be located toward the rear of the structure away from the street line;
e.
No satellite dish antenna shall exceed 12 feet in diameter and no ground mounted satellite dish antenna shall extend higher than 15 feet above ground level;
f.
A ground mounted satellite dish antenna shall be screened from adjacent properties to the extent possible and practical with non- deciduous plantings. To the greatest extent possible, all satellite dish antennas shall blend with the immediate surrounding area, including the color of the roof if roof-mounted;
g.
No lot shall have more than one satellite dish antenna. Wires and cables running between the ground mounted antenna and any structure shall be properly installed underground in accordance with the Uniform Construction Code. Additionally, the installation of the satellite dish antenna shall meet all local, State and Federal requirements, including those contained in the Uniform Construction Code;
h.
Portable mounted satellite dish antennas are prohibited; and
i.
Satellite dish antennas shall be installed or constructed in a manner so as not to interfere with television, radio or similar reception in adjacent and nearby areas and shall meet all State and Federal requirements.
H.
Service Stations.
1.
Service Stations are permitted in the "HD" Highway Development District only.
2.
The minimum lot size for service stations shall be one acre, the minimum lot width and frontage shall be 200 feet, and the minimum lot depth shall be 150 feet.
3.
The minimum front and rear yard setbacks shall be 25 feet for any structure, except permitted signs, and the minimum side yard setback shall be 20 feet for any structure. The maximum building coverage shall be 15% and the maximum lot coverage shall be 65%.
4.
All required setback areas shall be landscaped with a mixture of shrubs and trees in addition to lawn area or ground cover, and the plantings shall break up the view of the paved area of the site.
5.
Gasoline pumps and pump islands shall be set back at least 40 feet from any property line. A minimum of 25 feet shall be provided between any two pump islands and between any island and the principal building.
6.
Canopies are permitted, but only over the pump islands and associated aisles. All canopies must be set back at least 35 feet from the street line and shall not exceed 16 feet in height.
7.
All appliances, lifts, pits, storage areas and tires other than gasoline filling pumps or air pumps shall be within a building except as specifically approved by the Board as part of a site plan application.
a.
All lubrication, repair, painting or similar activities shall be performed in a fully enclosed building and no motor vehicle parts or partially dismantled vehicles shall be displayed or stored outside of an enclosed building.
b.
Electric motors and other spark-emitting devices, when provided, shall be installed in a well-ventilated room where no flammable liquids are stored or handled.
8.
No damaged, wrecked or dismantled vehicle, junk or trailer shall be allowed to remain in the open on the premises, but must be kept completely within a building or behind a fence screening at least six feet in height so as not to be visible from the street fronting the premises or from any adjoining property. In any case, no damaged, wrecked or dismantled vehicle, junk or trailer shall be kept on the premises for a period exceeding seven days and, further, no more than five vehicles awaiting repair and/or service shall be stored overnight on the premises, unless stored behind a fence screening as required hereinabove.
9.
No new service station shall be located within 500 feet of any property upon which a fire house, school, playground, church, hospital, public building or institution is located or within 400 feet of any residential zone boundary.
10.
The exterior display, storage and parking of motor vehicles, trailers, boats or other similar equipment for sale or rent shall not be permitted as part of a service station.
11.
There shall be no outside display or storage of merchandise, supplies, product, equipment or similar material or objects unless specifically approved by the Board as part of a site plan application, unless such accessory goods or supplies for sale are contained within a permanent rack, case, cabinet or enclosure of metal or other fireproof material and located on the pump islands or within the building.
12.
No gasoline service station shall accumulate or store any used parts or tires, whether for sale, storage or waste, on any portion of the premises, unless enclosed within the principal building. Drainage from crankcases shall be kept in closed metal containers, and an oil interceptor shall be provided, subject to the approval of applicable Township officials. All drainage, waste, grease, oil and the like shall be maintained and disposed of in accordance with the appropriate Federal, State, County and local regulations. Where flammable liquids are kept, used or handled, provision for, and the use of, dry sand, chemical extinguishing devices or materials shall be as directed by the Fire Department. A reasonable quantity of containerized and labelled and identified noncombustible absorbents, such as sand, shall be kept conveniently available for use in case of leakage or overflow.
13.
All fuel shall be kept in tanks of an approved design in accordance with applicable State and/or Federal standards, and the tanks shall be buried so that the tops of the tanks shall be at least three feet below the surface of the ground and shall be at least 35 feet from any property line.
a.
All tanks are to be buried in such locations approved by the Fire Department, and shall not be located within six feet from any building except upon special permission in writing from the Fire Department.
b.
No tank shall be permitted under any shed or building, and all underground tanks shall rest on a bed or cradle of concrete at least six inches thick.
c.
Two or more tanks may be installed and connected by pipes, if such tanks are separated by a wall of concrete not less than two feet in thickness or by a wall of earth not less than four feet in thickness; provided that, in any case, the most current standards set forth by the New Jersey State Department of Environmental Protection shall be met.
14.
Service stations shall provide off-street parking in accordance with the following provisions:
a.
At least six off-street parking spaces shall be provided for the first lift, wheel alignment pit or similar work area, five additional spaces for a second work area, and an additional three spaces for each additional work area, or one marked parking space shall be provided for every 1,000 square feet of lot area, whichever provides the greater number of parking spaces, provided that no more than 20 parking spaces shall be provided for any service station in any case.
b.
Parking spaces shall be separated from the driveway and general apron areas which give access to the gasoline and air pumps and service areas, and no designated parking space shall obstruct access to such facilities.
c.
No parking shall be permitted on an unpaved area. No driveway shall be permitted within 15 feet of any property line nor 35 feet of any other driveway or street intersection.
15.
Any building or buildings to be erected for use as a service station, or in connection therewith, shall be of masonry construction with a fire-resistive roof.
16.
Service stations shall provide one public rest room facility for male use and one public rest room facility for female use.
17.
Service stations may be permitted one free-standing sign and one sign attached either flat against the building or on two sides of the canopy.
a.
The free-standing sign shall not exceed an area of 50 square feet and a height of 15 feet, and shall be set back at least 10 feet from all street rights-of-way and lot lines.
b.
The attached sign shall not exceed 30 square feet in area for the building sign, or 15 square feet in area on each side of the canopy.
18.
Informational signs displayed on the building wall over the individual entrance doors or bays consisting only of the words "washing", "lubrication", "repair", "mechanic on duty", "service" or other words closely similar in import shall be permitted, provided that there shall be no more than one sign over each entrance or bay which shall not exceed 12 inches in height. Additional signage shall be permitted on the pumps only, consisting of the brand name and/or insignia of the gasoline sold, lead warning sign, a price indicator and any other sign required by law.
19.
Any part of the site subject to access by motor vehicles shall be hard- surfaced, with concrete or bituminous concrete or asphalt, and shall be graded and drained to adequately dispose of all surface water accumulated. Provision shall be made to prevent gasoline spills or spills from other hazardous substances from flowing into the interior of station buildings or upon the highway or into streams by grading driveways, raising door sills and/or other equally effective methods.
20.
In addition to the general site plan requirements, scaled maps accompanying the application for any service station shall clearly delineate the following:
a.
The actual floor space and/or ground area to be devoted to, or used for, the storage of motor vehicles;
b.
The location of any church, hospital, theater, library, public playground, athletic field, public or parochial school, firehouse, municipal building, existing service station, public building and/or any other building in which the public gathers within 1,000 feet of the proposed service station; and
c.
The number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below ground, the number and location of pumps to be installed, and the type and location of all principal and accessory structures to be constructed.
21.
All of the area, yard and general requirements of the respective zoning district within which the proposed service station is to be located and all other applicable requirements of this chapter not contrary to the specific conditions and standards specified herein shall be met, but waivers and/or variances from such zoning district and other applicable requirements of this chapter may be granted by the Planning Board.
I.
Equine Community Option.
An Equine Community Option is a permitted conditional use within the "AR" Agricultural Residential District in accordance with the following conditions and standards:
1.
Consisting of a required mix of clustered minimum one-acre residential lots and an equine center for the residents of the development:
a.
30% of the tract area may consist of clustered minimum one-acre residential lots.
b.
70% of the tract area is to be preserved as an equestrian center consisting of barns, paddocks, riding arena (indoor and outdoor), pastures, riding trails, parking and a community center that covers no more than 5% of the area set aside for the equine center.
c.
The maximum number of lots on which dwellings are located should be determined by a lot yield plan that is compliant with the minimum lot size and bulk and area requirements for AR (six acre lots) District, and has no variances, waivers and design exceptions.
2.
Parcels shall be a minimum of 100 acres in size.
3.
Single-family lots must adhere to the area and yard requirements as found in § 35-611D3.
4.
The Equine Community development must adhere to all of the general provisions and design standards as set forth in § 35-500.
J.
Restaurants And Cafes Excluding Fast-Food Drive-Through Facilities.
Restaurants and cafes excluding fast-food and drive-through facilities with the following conditions:
1.
Each application shall be accompanied by a certification from the Board of Health that the current septic system and water supply are adequate for the proposed use as a food preparation establishments.
2.
No restaurants and cafes shall be operated on a lot which fads to meet the minimum lot size for the zoning district in which it is located.
6.
All other provisions and requirements for nonresidential development in the VNH district.
K.
Bakeries And Other Food-Preparation Establishments Open For Retail Trade.
Bakeries and other food-preparation establishments open for retail trade with products sold directly from the premises to the public with the following conditions:
1.
Each application shall be accompanied by a certification from the Board of Health that the current septic system and water supply are adequate for the proposed use as a food preparation establishment.
2.
No bakeries and other food-preparation establishments shall be operated on a lot which fags to meet the minimum lot size for the zoning district in which it is located.
6.
All other nonresidential provisions in the VNH district.
L.
Health Care And Medical Offices.
Health care and medical offices with the following conditions:,
1.
Each application shall be accompanied by a certification from the Board of Health that the current septic system and water supply are adequate for the proposed use as a health care and medical offices.
2.
No health care and medical office shall be operated on a lot which fails to meet the minimum lot size for the zoning district in which it is located.
6.
All other nonresidential provisions in the VNH district.
M.
Bed and Breakfast.
Bed and Breakfast with the following conditions:
1.
The principal use of the premises shall be a single-family residence. A bed and breakfast shall be operated only by the residents of the premises who have their principal domicile at the premises and shall be considered to be an accessory or subordinate use to the single-family residence.
2.
No bed and breakfast shall be operated on a lot which fails to meet the minimum lot size for the zoning district in which it is located.
3.
Parking.
a.
Minimum number of off-street parking spaces: two off-street parking spaces for the principal domiciled resident household of the dwelling, plus one additional space for each room approved for use for guests.
b.
Off-street parking spaces shall be permitted only in the side or rear areas of the property. No parking is allowed in the front yard area.
c.
Off-street parking may be provided on a proximate property within 200 feet of the Bed and Breakfast property provided that there is conformance with all requirements herein.
4.
Each application shad be accompanied by a certification from the Board of Health that the current septic system and water supply are adequate for the proposed use as a bed and breakfast, and a certification from the Construction Official that the building is in compliance with the provisions of Chapter 56, Building Construction, all other applicable Township ordinances, the Uniform Fire Safety Act and the Uniform Construction Code Act and such other state statutes and regulations as may be applicable.
5.
No more than five rooms shall be used as guest rooms for transient's bed and breakfast, nor shall more than 12 persons be registered as guests of the bed and breakfast at any one time. Guest occupancy shall be limited to 21 consecutive days or not more than 21 days in any period of 24 consecutive days.
6.
Bed and breakfasts shall provide breakfast for registered guests in the forenoon of each day, and no alcoholic beverages may be sold and no other meals may be served or sold to registered guests. No food or beverages of any kind shall be served or sold to the general public on the premises.
7.
No cooking facility shall be allowed in any guest room.
8.
No smoking shall be allowed in any guest room.
9.
Bed and breakfasts shall be registered with the Bureau of Housing Inspection in the Division of Housing in the Department of Community Affairs.
10.
All applicants shall be required to obtain a food handler's license.
N.
Indoor Recreational Facilities And Indoor Aquatic Facilities.
Indoor recreational facilities and indoor aquatic facilities with the following conditions.
1.
Each application shall be accompanied by a certification from the Board of Health that the current septic system and water supply are adequate for the proposed use as an indoor recreational facilities and indoor aquatic facilities.
5.
Minimum Lot Size - five acres.
6.
Maximum FAR - 0.20.
7.
Maximum Impervious Coverage - 40%.
8.
Maximum Height - 45%.
9.
All other provisions and requirements for nonresidential development in the VN district.
O.
Retail Sales of Convenience Goods, Groceries and Foodstuffs.
Retail sales of convenience goods, groceries and foodstuff with the following conditions.
1.
No building shall exceed 5,000 square feet of total floor area, exclusive of basements, half stories, and open porches.
2.
Maximum lot size 0.5 acres.
4.
No merchandise, product, equipment or similar material or objects shall be displayed or stored outside.
5.
All building walls shall be suitably finished for aesthetic purposes and shall be compatible in design and scale to the surrounding residential areas.
6.
All buildings shall have a gable, hip, gambrel or mansard roof (or other dual pitched, single ridge roof), no flat roofs are permitted.
7.
Each application shall be accompanied by a certification from the Board of Health that the current septic system and water supply are adequate for the proposed use as a food preparation establishments.
8.
Off-street parking shall be provided at the ratio of one parking space per 200 square feet of gross floor area or part thereof.
§ 35-602 HOME OCCUPATIONS.
[Ord. No. 34-97 § 81-602]
A.
Purpose And Findings.
1.
"Home Occupations," including "Family Day Care Homes" as defined in § 35-203 of this chapter, shall be permitted accessory uses to detached dwellings as indicated in § 35-400 of this chapter.
2.
The following provisions are intended to permit the limited use of residential properties in Upper Freehold Township as the location for recognized professional offices or service businesses which are clearly subordinate and ancillary to the principal residential use of the property in accordance with the requirements specified herein.
a.
The permitted recognized professions include the offices of ministers, architects, professional engineers, land surveyors, landscape architects, professional planners, lawyers, accountants, medical doctors and dentists and other such professionals with an advanced degree(s) and/or professional license(s).
b.
The permitted recognized service businesses include seamstresses, needle workers and tailors and other such service businesses.
3.
The requirements and other provisions contained in this section are specifically intended to limit the extent of such "Home Occupations" and the potential associated nuisances such as traffic, noise, fumes, dust, glare and odors in order to ensure that the residential character of the residential neighborhood within which the subject property is located is preserved, and that no adverse impact to adjacent and/or nearby residential properties occurs.
B.
Requirements.
1.
An owner(s) of the "Home Occupation" shall be the owner and resident(s) of the subject property and the dwelling situated thereon.
2.
Not more than one nonresident employee shall be permitted.
3.
Clients, patrons or customers shall be permitted on the property in regards to the "Home Occupation," provided that:
a.
Such visitation shall occur during daylight hours only;
b.
Such visitation shall not create the need to park more than two vehicles at any time in addition to those ordinarily used by the residents of the dwelling unit;
c.
Such visitation shall not create the need to park anything other than passenger vehicles, and such passenger vehicles shall be parked off-street on the subject property in parking spaces provided; and
d.
None of the above shall be interpreted to prohibit any person from coming onto the property who might otherwise come to the property on similar occasions and for similar reasons in association with the residential dwelling unit.
4.
The "Home Occupation" may utilize a portion of the principal dwelling unit and/or one or more secondary buildings or structures which are accessory to the principal dwelling unit in accordance with the following, provided that the use of the property for the "Home Occupation" shall be clearly subordinate and ancillary to its use for residential purposes by its occupants:
5.
All area, yard, coverage and other applicable requirements specified for single-family dwellings and their accessory buildings and structures in the applicable zoning district shall apply.
6.
Any parking area associated with the "Home Occupation," including the parking area for any clients, patrons or customers, shall be appropriately screened from the view of adjacent residential properties and the travelling public along any abutting street. Additionally, any accessory building or structure utilized for the "Home Occupation" also may be required to be similarly screened, dependent upon the location and appearance of the particular accessory building or structure.
7.
The residential character of the lot and building(s) shall not be changed, no sounds related to the "Home Occupation" shall be audible outside the building, and no equipment shall be used which will cause interference with radio or television reception in neighboring residences. This provision shall include a prohibition on the transference of equipment, supplies, or similar materials on a routine basis between a storage building or area and vehicles, resulting in exterior evidence, either visual and/or audible, of the "Home Occupation".
8.
No merchandise, products, waste, equipment or similar material or objects shall be displayed, stored or otherwise located outdoors, except that the presence of children or customary residential recreational facilities shall be permitted in conjunction with a "Family Day Care Home" or "Child Care Residence" in accordance with the applicable requirements of this chapter.
9.
The following additional requirements shall be met by all "Home Occupations":
a.
The residential character of the lot and building(s) shall be maintained at all times and all structures shall be maintained in good repair.
b.
A "Home Occupation" shall operate only between the hours of 7:00 a.m. and 7:00 p.m. and, in any case, visitation by clients, patrons or customers shall be in accordance with the provisions specified in Subsection 35-602B3 of this chapter, hereinabove.
c.
There shall be no other exterior evidence of the "Home Occupation" except as permitted herein. No sign other than an unlighted nameplate identifying the "Home Occupation" no more than 10 inches by 20 inches in size shall be permitted.
d.
No exterior lighting shall be permitted specific to the "Home Occupation".
§ 35-603 PLANNED DEVELOPMENTS.
[Ord. No. 47-1998; Ord. No. 87-2002 § 1 [81-603B.8]; Ord. No. 1998-47; Ord. No. 34-97 § 81-603; Ord. No. 47-1998; Ord. No. 132-04 § 2]
B.
Single-Family Residential Clusters.
1.
Purpose.
The basic purpose of permitting the development of Residential Clusters is to provide a method of developing land which creates desirable and appropriate open space, conservation areas, flood plains, school related recreational sites, recreation areas and parks by permitting the reduction of lot sizes without increasing the number of residential lots otherwise permitted and feasible to be developed.
2.
Location And Size.
Residential Clusters are permitted on tracts of land at least 275 acres in size and only where specifically indicated on the Zoning Map.
3.
Maximum Number Of Dwelling Units Permitted.
The maximum number of dwelling units permitted in a Residential Cluster shall be calculated at a density of 1.123 dwelling units per gross acre of land within the tract, rounded downwards to the nearest whole number, except that the maximum number of dwelling units permitted may be calculated at a density of 1 2/3 dwelling units per gross acre of land within the tract, rounded downwards to the nearest whole number, if at least 81.75% of the total units to be constructed within the Residential Cluster are age-restricted in accordance with the following conditions:
a.
All age-restricted units shall be deed restricted for occupancy by households with at least one person 55 years of age or older and with no person less than 19 years of age, provided that visitors less than 19 years of age are permitted to visit for no more than eight weeks during any twelve-month time period; and
b.
The wording of the required deed restriction shall be submitted to the Planning Board for review and approval by both the Planning Board and the Township Committee as part of the application for final subdivision approval, and the approved language shall be appropriately recited in the Master Deed and the Homeowners' Association by-laws which also shall be reviewed and approved by the Planning Board and the Township Committee as part of the application for final subdivision approval.
5.
Accessory Uses Permitted.
a.
Off-Street Parking and Private Garages, either attached or detached (see Subsection 35-603B9 hereinbelow and § 35-511).
b.
Private Residential Swimming Pools, Bathhouses, Cabanas or other structures customarily incidental to a private swimming pool, provided that the pool is located in the rear yard only and occupies no more than 75% of the yard area.
c.
Private Residential Tool Sheds for the storage of objects owned by the residents of the property, each not exceeding 400 square feet in area and 15 feet in height.
d.
Private Recreational Facilities and Landscaping Features, such as trellises and gazebos, customarily associated with residential dwelling units.
e.
Recreational Facilities located on common open space lands and/or public open space lands within a Residential Cluster, provided such facilities have been reviewed and approved by the Planning Board (see Subsection 35-603B16 hereinbelow for specific requirements).
f.
Fences and Walls in accordance with a comprehensive plan reviewed and approved by the Planning Board (see § 35-505).
h.
Underground Sprinkler Systems, provided the spray therefrom is not projected outside of any lot or onto any street.
i.
A single on-site "Sanitary Sewerage System" designed and constructed to treat only the sewage generated by the detached dwelling units and any applicable accessory uses within the subject Residential Cluster (see Subsection 35-603B6 hereinbelow and Subsection 35-514 of this chapter for specific requirements).
j.
A single on-site "Community Water System", including production wells, treatment systems and water tanks (see Subsection 35-603B6 hereinbelow and Subsection 35-519B of this chapter for specific requirements).
k.
Temporary Construction Trailers and one Sign not exceeding 32 square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and concluding with the issuance of the last Certificate of Occupancy or one year, whichever is less, provided said trailer(s) and sign are on the site where the construction is taking place, are not on any existing or proposed street or easement, and are set back at least 30 feet from all street and lot lines. There shall be at least one working telephone in the trailer.
l.
A Temporary Sales Center where information concerning the overall development is conveyed to prospective purchasers, where options are discussed, where contracts are executed, and where the normal marketing of the development takes place. A temporary sales center shall be located on a lot within the Residential Cluster approved for residential construction, and the temporary sales center shall meet the yard setback requirements otherwise specified for detached dwellings. Provisions for parking, lighting, signage, landscaping and the duration of the temporary sales center shall be as approved by the Planning Board. An approved temporary sales center may receive a temporary Certificate of Occupancy.
m.
A Model Home or homes of the type to be sold. A model home may be free-standing or combined with the sales center, with the garage portion of the model home used as the sales center, provided that the garage must be converted to its automobile storage function prior to the conveyance of the combined model home/sales center to a purchaser, and provided further that any temporary accommodation, such as landscaping or walkways, must be modified to resemble the other single-family properties within the development. An approved model home may receive a temporary Certificate of Occupancy provided that all toilet facilities within that portion of a model home not approved to be used as a sales center shall not be functional and shall be labeled: "Display Only, Do Not Use".
6.
General Requirements For Residential Clusters.
Without limitation to other chapter requirements, to other requirements of law or to any conditions imposed by the Planning Board as part of subdivision approval, the following requirements shall apply to all Residential Cluster developments:
a.
A single on-site sanitary sewerage system designed and constructed to treat only the sewage generated by the detached dwelling units and any applicable accessory uses within the subject Residential Cluster and a single on-site community water system, including production wells, treatment systems and water tanks as may be necessary, shall be a prerequisite condition for the construction of a Residential Cluster, and the plans for such sewerage and water systems shall be a prerequisite condition for the approval of a Residential Cluster. Regarding the sewerage and water systems, the following shall apply:
1)
All sewerage and water systems shall be subject to all government requirements and approvals and to any applicable conditions of subdivision approval adopted by the Planning Board;
2)
All sewerage and water systems shall be owned, operated and maintained by a private company regulated by the Board of Public Utilities or other form of ownership approved by Upper Freehold Township;
3)
All sewerage and water systems shall be subject to a developer's agreement with the Township Committee, which developer's agreement shall be negotiated by the Planning Board during subdivision review and recommended to the Township Committee as a condition of subdivision approval; and
b.
The entirety of a Residential Cluster development shall be planned and developed with a common architectural theme which shall be subject to review and approval by the Planning Board; the architectural theme shall include the appearance of buildings, signing, fencing, lighting, paving, curbing and landscaping.
c.
Diversity of architectural design for the single-family detached dwellings within a Residential Cluster shall meet the requirements specified within Subsection 35-501B of this chapter, except that the separation distance specified in Subsection 35-501B1 between dwelling units "substantially similar in exterior design" (as defined in Subsection 35-501B2) shall be 100 feet instead of the 150 feet noted in Subsection 35-501B1 of this chapter.
d.
Preliminary major subdivision approval can only be granted by the Planning Board to the entirety of the Residential Cluster development. However, final major subdivision approval may be granted by the Planning Board on a stage by stage basis.
e.
When a Residential Cluster is intended to be developed in a number of development stages, the applicant shall submit a "Staging Plan" for review and approval by the Planning Board. The Staging Plan shall identify the land area of the Residential Cluster to be developed in each stage and the sequence of the stages to be developed. The eventual development of each stage must be specifically related to all components of the development including, but not limited to, traffic circulation, open space, recreational facilities, surface water management, sewage treatment and potable water facilities, required buffers, and off-street parking spaces in order to ensure that:
1)
The Staging Plan is workable;
2)
A reasonable balance of the different components of the proposed development is maintained in each stage; and
3)
The interests of the general public and of the future residents of the subject development stage will be protected prior to the completion of the Residential Cluster development in its entirety.
f.
No final subdivision plat for any stage of the development shall be recorded unless:
1)
The Township Engineer has certified to the Planning Board that all public improvements required by the preliminary subdivision approval have been satisfactorily completed; or
2)
The developer has entered into a developer's agreement with the Township Committee, in a form satisfactory to the Township Attorney, requiring the installation and maintenance of the public improvements by the developer, and by any successors in interest, and such developer's agreement shall impose such limitations upon the development of the subdivision as are necessary to ensure the orderly construction of the public improvements on or before an agreed date, including the filing of a performance guarantee in accordance with § 35-902 of this chapter. The terms of the developer's agreement shall be negotiated by the Planning Board during subdivision review and recommended to the Township Committee as a condition of subdivision approval.
g.
No Certificate of Occupancy shall be issued for any dwelling within the subdivision until the driveway apron, sidewalk and landscaping for that particular dwelling have been installed by the developer and approved by the Township Engineer. Upon recommendation of the Township Engineer to the Construction Official, a temporary Certificate of Occupancy not to exceed six months in duration may be issued if seasonal conditions would make planting unreasonable.
h.
All dwelling units shall have access to a master television antenna system and no individual dwelling unit shall be permitted to erect external television antennas.
i.
All other applicable provisions of this chapter shall apply.
7.
Maximum Building And Structure Height.
a.
No detached dwelling unit and no other principal building or structure on any open space lands shall exceed 35 feet and 2 1/2 stories in height.
b.
No accessory building or structure shall exceed 15 feet in height, except that any approved water tank, any approved sewage treatment plant and its enclosure structure, and any approved recreational facility on common open space lands, such as a clubhouse, may be higher than 15 feet if specifically approved by the Planning Board.
8.
Area And Yard Requirements For Residential Lots In A Residential Cluster Development
Non Age-Restricted Dwelling Units | Age-Restricted Dwelling Units* | |
|---|---|---|
Minimum Lot Area[1] | 12,000 square feet | 7,800 square feet [corner lot] 6,600 square feet [interior lot] |
Principal Building Minimum | ||
Lot Frontage & Lot Width [2] | 100 feet | 70 feet [corner lot] 55 feet [interior lot] [3] |
Lot Depth | 120 feet | 120 feet |
Side Yard[4] | 15 feet 1; 40 feet both | 5 feet one; 15 feet both[5] |
Front Yard | 30 feet[6] | 20 feet |
Rear Yard[4] | 35 feet | 20 feet |
Accessory Building & Structure Minimum | ||
Distance To Side Line | 10 feet | 10 feet |
Distance To Rear Line | 5 feet | 10 feet |
Maximum Lot Coverage | ||
Detached Dwelling | 25% | 40%[7] |
Total Impervious Surfaces[8] | 40% | 50% |
FOOTNOTES TO SUBSECTION 35-603B8: | |
|---|---|
[1] | All specified minimum lot areas shall not include any wetlands, wetland buffers, 100-year flood plains, or lands with slopes 15% or greater |
[2] | Notwithstanding the definition of "Lot Frontage" in § 35-203 of this chapter, when a minimum of 75% of the actual lot frontage is situated on the bulb of a cul-de-sac with an outside radius of 85 feet or less, the minimum distance between the side lot lines measured at the street line may be reduced to no less than 65 feet in the case of non age-restricted units and to no less than 45 feet in the case of age-restricted units |
[3] | Provided that the average lot frontage and lot width of all interior lots not located on the bulb of a cul-de-sac in accordance with Footnote #[2] hereinabove shall be 60 feet |
[4] | Notwithstanding any provision of this chapter to the contrary, Design Elements and Decks, as described below, may extend into the minimum required yard area, provided that in all cases the first floor and second floor design elements may intrude not more than 3 feet into the minimum required yard area (decks may extend further). |
First Floor Design Elements: Chimneys, window elements, eaves, entranceway elements, and similar architectural and foundation projections as approved by the Planning Board, provided that the total length of such extensions is limited to 25% of the linear distance of the foundation wall | |
Second Floor Design Elements: Chimneys, eaves, bays, cantilevers and windows | |
Decks: Decks may be located in side and/or rear yard areas only, shall be set back a minimum of 15 feet from all property lines, and shall occupy not more than 25% of any particular side or rear yard area within which the deck is located | |
[5] | In any case, age-restricted detached single-family dwelling units on adjacent lots shall be separated by a distance of at least 15 feet, such distance measured between foundation walls, but excluding any design element or deck extension permitted in accordance with Footnote #[3] hereinabove |
[6] | Provided that the average front yard setback for all non age-restricted dwelling units within the development shall be 35 feet |
[7] | The gross floor area situated above the first floor of a detached dwelling unit shall not equate to more than 40% of the gross floor area situated on the first floor of the dwelling unit, including the attached garage |
[8] | Impervious surfaces are any natural or man-made surface which does not permit infiltration and/or causes surface runoff including, but not limited to, buildings, paved areas, decks, patios and swimming pools |
9.
Minimum Off-Street Parking
a.
Non age-restricted detached single-family dwelling units shall be provided one and 1.5 spaces per two-bedroom unit; two spaces per three-bedroom unit; 2.5 spaces per four-bedroom unit; and three spaces per five or more bedroom unit. Where the bedroom count per unit is not specified, 2.5 spaces per dwelling shall be provided.
b.
Age-restricted detached single-family dwelling units shall be provided two spaces per unit.
c.
Each driveway shall be at least 18 feet in length, measured between the garage door and the curb or between the garage door and a sidewalk, whichever distance is less.
d.
No driveway on a non age-restricted lot shall be located within six feet of any property line, and no driveway on an age-restricted lot shall be located within five feet of any property line, except that the turn-around pavement area providing access to a side-entry garage on a lot with frontage on the bulb of a cul-de-sac may be located within three feet of a property line.
10.
Signs.
a.
Detached dwelling units: Informational or directional signs or nameplate signs in accordance with Subsection 35-516G of this chapter.
b.
Development signs: Permanent low-profile signs identifying the name of the residential subdivision may be approved by the Planning Board at each corner of a major street entrance to the development, provided that:
1)
The sign is an integral part of the landscaping plan for the development;
2)
The sign does not exceed 16 square feet in area;
3)
The sign may be placed flat upon or may be part of a wall, provided that the wall is not obtrusive, is of a rural design, and does not exceed five feet in height for a distance not exceeding 10 feet in length. Supporting posts, pillars or finials thereon may extend higher than the wall as specifically approved by the Planning Board;
4)
The sign, if lighted, is lighted from the ground only and the lighting is paid for by the Homeowners' Association or developer;
5)
The sign and any wall it may be attached to is not located within any required sight triangle easement;
6)
The sign and any wall it may be attached to is set back at least 10 feet from any street and property line; and
7)
The sign, wall and landscaping is maintained by the Homeowners' Association.
11.
Streets In Residential Clusters.
The following design standards for streets within a Residential Cluster supersede the street design standards specified in § 35-517 of this chapter only to the extent that the standards specified herein differ from those specified in § 35-517:
a.
Streets within a Residential Cluster designated as a "minor" or "local" street shall be designed in accordance with the following requirements and shall be curbed with either Belgian block or granite:
R-O-W Width | Traffic Lanes No. Width | Shoulder Width Within Gutters | Width Outside Gutters On Each Side | Width Between Gutters |
|---|---|---|---|---|
50 feet | 2 @ 15 feet | — | 10 feet | 30 feet |
b.
Street intersections shall be as nearly at right angles as possible and in no case shall be less than 80°. Approaches to all intersections shall follow a straight line, or a curve with a radius of not less than 300 feet, for at least 100 feet. No more than two streets shall meet or intersect at any one point and the center lines of both intersecting streets shall pass through a common point. Streets intersecting another street from opposite sides shall not be offset unless a minimum distance of 125 feet is provided between the rights-of-way of the streets.
c.
A tangent of at least 100 feet shall be introduced between reverse curves. When connecting street lines deflect from each other at any one point, they shall be connected by a curve with a radius conforming to standard engineering practice as contained in the "Transportation and Traffic Engineering Handbook" ITE, latest edition.
d.
Sight triangle easements shall be required at all street intersections in accordance with the following:
1)
The sight triangle easement shall be in addition to the specified right-of-way width of a street and shall not contain any grading, planting or structure more than 12 inches above the center line of the street, except that street signs may be located within a sight triangle easement;
2)
The "sight triangle" is that area outside of the street right-of-way which is bounded by the intersecting street right-of-way line and the straight line connecting "sight points", one each located on the two intersecting street center lines. In the instance of intersections with no "stop" controls, the "sight points" shall be 90 feet;
3)
In the instance of "stop" controlled intersections, sight triangles shall be provided as follows in accordance with the standards established by the Institute of Traffic Engineers; specifically, the most current edition of the Transportation and Traffic Engineering Handbook;
4)
The required dimension of the sight triangle shall depend upon the design speed of the uncontrolled street, which design speed shall be established by the Township Engineer, and the sight triangle shall be laid out so that a driver 15 feet from the proposed or future edge of pavement of the uncontrolled street can see approaching traffic at the following distances related to the design speed:
Design Speed of Uncontrolled Street | Minimum Required Sight Distance |
|---|---|
25 MPH | 250 feet |
30 MPH | 300 feet |
35 MPH | 350 feet; and |
5)
Additional lands may be required to be included within the sight triangle easement in order to provide an unobstructed sight view for the entirety of the minimum distances noted hereinabove. The dedication of sight triangle easements shall be expressed on a subdivision plat or site plan as follows: "Sight triangle easement deeded for purposes provided for and expressed in the Land Use Regulations Ordinance of Upper Freehold Township".
e.
On-street parking of automobiles only shall be permitted on one side of designated "minor" or "local" streets, and the submitted subdivision plan shall include the type and location of signage proposed to clearly indicate where on-street parking is permitted and not permitted to occur.
f.
No recreational vehicles (boats, campers, house trailers, motor homes, etc.), no commercial vehicles or other vehicles bearing commercial license plates, and no non-passenger vehicles or accessories may be parked or kept on any street within a Residential Cluster, nor shall such vehicle be parked or kept on any residential lot within a Residential Cluster unless garaged at all times. As an alternative, the plan for the Residential Cluster may include an appropriately located and landscaped specific area for the parking of such vehicles.
g.
Culs-de-sac shall be designed and constructed with a turn-around at the bulb end with a right-of-way radius not less than 60 feet.
12.
Street Lighting In Residential Clusters.
a.
Street lighting shall be provided for all street intersections where at least one of the streets is other than a "minor" or "local" street. Additional street lighting may be required at specific locations as deemed necessary for safety reasons; e.g., in locations with limited or hampered sight distance or along a sharp curve in a street.
b.
The light intensity provided at ground level shall average at least 0.5 footcandle for all lighting at intersections and 0.3 footcandle for all other street lighting.
c.
Street lighting in addition to that required in Subsection 35-603B12a hereinabove may be provided at the discretion of the developer and subject to the approval of the Planning Board. Such street lighting is optional and shall be maintained and operated by a Homeowners' Association established for the development.
d.
In the event the developer elects to install more street lighting than required in Subsection 35-603B12a hereinabove, an agreement between the Township and the developer, together with his/her successors and assigns, shall be entered into memorializing the perpetual obligation of the Homeowners' Association for maintenance and operation of the optional street lighting.
13.
Sidewalks And Pedestrian Pathways In Residential Clusters.
Sidewalks (and related aprons) and pedestrian walkways shall be required by the Planning Board and shall be constructed by the developer in accordance with the following criteria:
a.
All portions of a Residential Cluster development shall be linked via a continuous pedestrian pathway network consisting of sidewalks and off-street pathways as approved by the Planning Board; all Residential Cluster developments shall be pedestrian oriented, with a design that enables and encourages the greatest amount of pedestrian circulation versus the least amount of vehicular circulation within the development.
b.
Sidewalk linkages shall be provided between existing and/or previously approved sidewalks, unless specifically waived in specific locations by the Planning Board based upon good cause, such as the existence or proposal of alternate linkages for pedestrian movement, and/or a determination that such specific linkages will not be utilized, and/or other specific reasons.
c.
Sidewalks ordinarily shall be required on both sides of all streets within a Residential Cluster development, except that:
1)
Permanent culs-de-sac not more than 750 feet in length (measured from the center line of the intersecting street to the center of the cul-de-sac bulb) and not providing access to more than 12 dwelling units shall ordinarily not require sidewalks, but shall provide a paved area at the corner or corners of appropriate intersections for school children and pedestrian waiting off-street; and
2)
When an alternate comprehensive plan for the movement of people and bicycles within the proposed development and between the proposed development and adjacent lands is proposed which negates the necessity and advisability of sidewalks along specific streets or portions thereof, the Planning Board may approve the alternate comprehensive plan.
d.
Sidewalks may be located in the traditional manner between the proposed edge of pavement and right-of-way line of the street or, in the alternative, the Planning Board may require that the sidewalks be set back further from the proposed edge of pavement and be constructed in a meandering pattern.
1)
In such instances, the sidewalks ordinarily will be located both within the street right-of-way and an additional five foot of the ten foot strip of land adjacent the street right-of-way otherwise provided for the location of underground utilities and known as the "utility easement".
2)
When the sidewalks are required to be constructed in a meandering pattern, the underground utilities will be located within the five-foot portion of the ten-foot utility easement furthest from the street center line. The meandering sidewalk will be located within the remainder of the utility easement and the street right-of-way between the cartway and the utility easement.
3)
The portion of any sidewalk located on a private residential lot shall not count as part of the impervious surface coverage of the subject lot.
e.
Regarding landscaping, when sidewalks are constructed in the traditional manner set back approximately five feet from and parallel to the street right-of-way line, street trees shall be required between the edge of pavement and the sidewalk. However, when the meandering pattern of sidewalk construction is required, trees and shrubs shall be planted in concentrated areas at locations where the sidewalk turns as well as at other locations required and approved by the reviewing municipal agency.
f.
Sidewalks and aprons shall be concrete and shall be constructed in accordance with the following design standards:
1)
Sidewalks shall be at least four feet wide along "minor" or "local" streets and at least five feet wide along "collector" or "arterial" streets and shall be appropriately reinforced. Sidewalks shall be constructed of 4,000 psi air-entrained concrete four inches thick, except that the concrete shall be six inches thick at all driveway crossings. Moreover, where required by the Township Engineer, the concrete shall be placed on a gravel bed of clean stone at least four inches thick.
2)
Expansion joints shall be constructed every 20 feet and shall extend the full depth and width of the concrete. Construction joints shall be located every five feet.
3)
Where subgrade is yielding or otherwise unsatisfactory in the opinion of the Township Engineer, all unsuitable material shall be removed and suitable material shall be applied until the subgrade is nonyielding to the satisfaction of the Township Engineer.
g.
Pathways within open space lands may be concrete and constructed in accordance with the design standards specified hereinabove for sidewalks and aprons, or the Planning Board may approve the pathways to be constructed of bituminous paving in accordance with the following design standards:
1)
The pathways shall be a minimum of six feet wide.
2)
The pathways shall be paved with not less than three inches of compacted bituminous stabilized base course (Mix No. I-2) with a wearing surface of bituminous concrete surface course (Mix No. I-5) constructed thereon at a minimum thickness of 1 1/2 inches. The bituminous materials and construction thereof shall conform with the requirements of Sections 304, 404, 903 and 904 of the Standard Specifications For Road And Bridge Construction, current edition, of the New Jersey Department of Transportation.
3)
Where the subgrade is yielding or otherwise is unsatisfactory in the opinion of the Township Engineer, all unsuitable material shall be removed and suitable material shall be applied until the subgrade is non-yielding to the satisfaction of the Township Engineer.
14.
Landscaping In Residential Clusters.
A comprehensive landscape plan shall be required as part of the approval of any Residential Cluster development. The landscape plan shall be prepared and signed by a licensed landscape architect and shall be prepared in accordance with the following criteria:
a.
Street Trees.
1)
Deciduous shade trees shall be planted along both sides of all streets within a Residential Cluster development.
2)
The trees shall be planted at forty foot intervals, or an equivalent number may be planted in an informal arrangement if approved by the Planning Board.
3)
At intersections, trees shall not be located closer than 30 feet from the intersection of the street right-of-way lines.
4)
The caliper of the trees at time of planting shall be a minimum of two inches to 2 1/2 inches measured six inches above the ground, and the standing height shall be a minimum of 10 feet.
b.
Landscaping On Residential Lots.
1)
The applicant shall prepare and submit for Planning Board approval at least three alternate landscape plans for each house model to be offered for sale in the Residential Cluster development.
2)
Each landscape plan shall include a minimum of one shade tree and one evergreen tree in addition to shrubs and ground cover plantings, and the landscape plan shall be designed to enhance the appearance of the dwelling unit.
3)
At least one of the alternate landscape plans must be provided by the developer as part of the base purchase price of the dwelling unit to a homebuyer. The other alternate landscape plans approved by the Planning Board also shall be offered to the homebuyer at the time of purchase, but may be offered as an "upgrade" at additional cost.
4)
The estimated cost for the installation of the alternate landscape plans shall be itemized for review and approval by the Planning Board.
5)
At least one of the alternate landscape plans shall be fully planted on the subject lot prior to the issuance of a Certificate of Occupancy for the subject single-family detached dwelling or, in the alternative, a cash bond shall be posted with the Township Committee in a form acceptable to the Township Committee in an amount equal to 120% of the approved estimated cost for the installation of the applicable alternate landscape plan, assuring that the landscaping shall be fully planted no later than six months after the Certificate of Occupancy is issued.
c.
Landscaping On Open Space Lands.
The landscaping of the open space lands within a Residential Cluster development shall be conceived in a total pattern throughout the tract, integrating the various elements of the subdivision design, providing privacy, and creating an aesthetically pleasing site environment. The landscaping plan shall include plant materials such as trees, shrubs, ground cover, perennials and annuals, and may include other materials such as rocks, water, sculpture, art, walls, fences, brick and paving materials. The landscaping plan for the open space lands shall be designed in accordance with the following:
1)
The dollar amount expenditure for the landscaping of the open space lands shall not be less than the equivalent expenditure for the planting of a minimum 12 deciduous trees per gross acre of open space lands within the development.
2)
Each detention basin shall be bordered by evergreen trees unless an alternate landscape plan for a detention basin is approved by the Planning Board.
3)
Recreational areas shall be landscaped as appropriate, provided that tennis court fencing shall be bordered by evergreen trees in any case.
4)
A buffer area at least 50 feet in depth shall be installed around the perimeter of the tract and the buffer area shall include berming, evergreen trees and other plantings. The buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a proposed lot or proposed improvement or activity within a Residential Cluster is to a street line or tract boundary, the more substantial and effective the buffer area must be in obscuring light and vision and reducing noise beyond the tract. The installation of that portion of the approved buffer necessary to screen a particular portion of the tract from being viewed from a bordering street or from an adjacent property shall be completed to the greatest extent possible prior to the development of that particular portion of the tract.
d.
General Landscaping Provisions.
1)
The landscaping provided as part of a Residential Cluster development should include a variety and mixture of plantings. The selection should consider susceptibility to disease, colors, season, textures, shapes, blossoms, and foliage. The subdivision plan shall show the location, specie, size at planting, and quantity of each plant.
2)
A conscious effort shall be made to preserve the existing vegetation on-site during the design, planning and construction of the development.
3)
Shrubs and hedges shall be a minimum 18 to 25 inches in height when planted, as appropriate to the species of plant material.
4)
Evergreen trees shall be at least six feet in height at the time of planting, balled and burlapped.
5)
Deciduous trees at time of planting shall be a minimum of two inches to 2 1/2 inches measured six inches above the ground, and shall be balled and burlapped.
6)
All plantings shall be of a species common to the area, of nursery stock and free of insects and disease.
7)
Any plant material which does not live for at least one year shall be replaced by the developer during the next growing season.
8)
All plantings shall be installed in accordance with the American Nurserymen Guide, latest edition.
9)
Required buffer areas shall be planted with a combination of evergreen trees, evergreen shrubs and deciduous trees at such density as determined by the Planning Board to be appropriate considering the activities involved and any existing vegetation. Buffer areas shall be maintained in good condition at all times and shall be interrupted only by sight triangle easements, sidewalks and driveways.
15.
Easements And Utility Lines In Residential Clusters.
a.
Unless specifically approved by the Planning Board, all utility easements shall be located in open space areas, within the utility easements adjacent street rights-of-way, or along the property lines of residential lots.
b.
The developer shall arrange with the servicing utility for the underground installation of all distribution supply lines and service connections, in accordance with provisions of the applicable standard terms and conditions incorporated as part of its tariff, as the same are on file with the New Jersey State Board of Public Utility Commissioners.
16.
Open Space And Recreation Requirements.
a.
Land equal to a minimum of 30% of the tract of land proposed for a Residential Cluster development shall be specifically set aside for conservation, recreation and/or other open space. Land utilized for street rights-of-way, sewage treatment facilities, and detention or retention basins shall not be included as part of the above 30%, and no more than 0.5 of the minimum 30% land area may be wetlands, wetlands buffer, 100-year flood plains or lands with a topographic slope 15% or greater.
b.
Within the open space lands associated with and approved as part of a portion of the development to be developed with non-age-restricted dwelling units, at least one contiguous area per each total 75 residential lots shall be large enough to have inscribed within it a circle with a diameter of 250 feet, which diameter shall not pass over any detention or retention basin, street right-of-way, no wetlands, no wetlands buffer, no 100-year flood plains and no lands with a topographic slope 15% or greater.
c.
In the designation of the required open space and the uses proposed thereon, the developer shall be guided by the following:
1)
Any lands proposed as open space shall be located, shall be of the size, and shall be improved to best suit the purpose(s) for which open space is intended; and
2)
Common open space to be administered by a Homeowners' Association shall be distributed throughout the proposed development so that as many residential dwelling units as is practicable abut and have direct access to the common open space.
d.
The Planning Board shall review the submitted open space plan in the context of the particular development proposal, the particular characteristics of the subject land area, and the ability, desirability and practicality of relating the proposed open space to adjacent and nearby lands. In any case, the lands shall be improved as may be necessary to best suit the purpose(s) for which they are intended.
e.
Each Residential Cluster development shall provide adequate active recreational facilities within the common open space in order to satisfy the needs of the anticipated residential population of the development. The following listing and ratios of recreational facilities are recommended as guidelines for the applicant and Planning Board in their evaluation of the adequacy of proposed recreational facilities within a Residential Cluster, although alternative recreational facilities and ratios thereof may be proposed by the applicant and approved by the Board dependent upon the anticipated demographic composition of the Residential Cluster's population, the overall plan of providing recreational facilities for the anticipated residential population, and the size and location of the proposed facilities. All recreational facilities shall adhere to the standards set forth in the Barrier Free Subcode of the Uniform Construction Code of the State of New Jersey.
1)
When the number of non-age-restricted dwelling units exceeds 150 units, one swimming pool shall be provided for the non-age-restricted units. Similarly, when the number of age-restricted dwelling units exceeds 150 units, one swimming pool shall be provided for the age-restricted units. Each swimming pool shall have a minimum water surface of 1,800 square feet, and a deck/patio equal to an area equivalent to 150% of the water surface area.
2)
One tennis court shall be provided for each approximately 75 non-age-restricted dwelling units and one tennis court shall be provided for each approximately 100 age-restricted dwelling units.
3)
One children's play lot shall be provided for each approximately 75 non-age-restricted dwelling units.
4)
One half-court basketball court shall be provided for each approximately 75 non-age-restricted dwelling units.
5)
One multipurpose graded play field shall be provided for each approximately 75 non age-restricted dwelling units.
6)
One clubhouse/recreation building, at least 10,000 gross square feet in area, shall be provided to serve any age-restricted dwelling units, with adjacent off-street parking.
7)
At least two Bocce courts and two shuffleboard courts shall be provided for any age-restricted dwelling units.
8)
Jogging and bicycle paths throughout the Residential Cluster development.
f.
Should the proposed development consist of a number of development stages, the Planning Board may require that open space acreage by provided proportionate in size to the development stage being considered for final approval, even though some or all of the open space acreage is located in a different development stage of the overall development.
g.
Open space may be offered by deed to the Township or dedicated as common open space to a Homeowners' Association.
1)
If the applicant proposes that the open space shall be dedicated to the Township, then the Planning Board shall forward such request with its recommendation to the Township Committee prior to the granting of preliminary approval of any development application containing the subject open space.
2)
All open space not offered to and/or not accepted by the Township shall be owned and maintained by a Homeowners' Association as provided in N.J.S.A. 40:55D-43 and Subsection 35-603B17 of this chapter hereinbelow. Such organization shall not be dissolved nor shall it dispose of any common open space by sale or otherwise.
17.
Homeowners' Association.
One or more Homeowners' Associations shall be established for the purposes of owning and assuming maintenance responsibilities for the common open space and common property designated within a Residential Cluster development. Each organization shall incorporate the following provisions:
a.
Membership shall be limited to and mandatory for all residential lot owners. Required membership and the responsibilities upon the members shall be in writing between the organization and each member in the form of a covenant, with each agreeing to liability for his/her pro rata share of the organization's costs.
b.
The organization shall be responsible for liability insurance, taxes, maintenance and other obligations assumed by the organization and shall hold the municipality harmless from any liability.
c.
The organization shall not be dissolved and shall not dispose of any open space property by sale or otherwise, except to an organization conceived and established to own and maintain the open space or property for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space or property without first offering to dedicate the same to the Township of Upper Freehold.
d.
The assessment levied by the organization upon each member may become a lien on each member's property. The organization shall be allowed to adjust the assessment to meet changing needs. The initial assessment estimated by the developer to be quoted to prospective homebuyers shall be subject to review and approval by the Planning Board.
e.
The organization shall clearly describe in its bylaws all the rights and obligations of each owner, including a copy of the covenant, model deeds and articles of incorporation of the organization and the fact that every property owner shall have the right to use all the common property; these shall be set forth as a condition of preliminary subdivision approval and shall be submitted to the Planning Board Attorney, the Township Engineer, the Township Planner and the Township Attorney for review and comment and to the Township Committee for review, comment and approval prior to the granting of final approval by the Planning Board.
f.
The articles of incorporation, covenants, bylaws, master deeds and other legal instruments shall ensure that control of the organization shall be transferred to the members based on a percentage of the dwelling units sold and/or occupied.
g.
Should the association fail to maintain the common open space or common property in reasonable order and condition, the Zoning Officer may serve written notice upon such organization and shall follow the procedures set forth in N.J.S.A. 40:55D-43b; and if it becomes necessary for the Township to provide maintenance and/or take other action, the imposition of a lien and tax as set forth in N.J.S.A. 40:55D-43 shall be followed.
18.
Variances And Waivers.
The provisions included within Subsections 35-603B2 through B10 of this chapter hereinabove are zoning provisions, the departure from which shall require a "variance" in accordance with N.J.S.A. 40:55D-70c of the Municipal Land Use Law. The provisions included within Subsections 35-603B11 through B17 of this chapter hereinabove are considered to be subdivision design provisions, the exception from which shall require a "waiver" in accordance with N.J.S.A. 40:55D-51a of the Municipal Land Use Law.
C.
Commerce Park Planned Developments.
1.
Purpose.
The basic purpose of permitting Commerce Parks is to provide a method of developing land which creates a variety of employment generating uses in a comprehensively planned, designed and constructed campus-type environment and which conserves environmentally fragile lands, provides an optimum traffic circulation network, and contains a comprehensive water management system.
2.
Location And Size.
Commerce Parks are permitted on tracts of land at least 210 acres in size and only where specifically indicated on the Zoning Map.
3.
Principal Permitted Uses On The Land And In Buildings.
4.
Accessory Uses Permitted.
a.
Off-Street Loading and Parking (see Subsections 35-603C8 and C9 of this chapter hereinbelow for specific requirements and conditions).
b.
Private Recreational Facilities owned, operated and maintained by the owners and/or tenants of the property, provided such facilities have been reviewed and approved by the Planning Board.
c.
Signs (see Subsection 35-603C10 of this chapter hereinbelow for specific requirements and conditions).
d.
Employee Cafeterias as part of a principal building, or as the entire use of an accessory building, provided that the cafeteria is limited in service to the employees of the principal uses within the Commerce Park and is specifically approved by the Planning Board.
e.
Ancillary Retail and Service Establishments provided for the convenience of the employees within the Commerce Park including restaurants, delicatessens, barber shops, beauty salons, book stores, gift shops, travel agencies, notion stores, banks, realtors, shoe repair shops, dry cleaners, drug stores, photography shops and similar establishments, provided they are located only on the first floor of a principal building and occupy no more than 25% of the gross floor area of the first floor of the subject building. Any increase in the percentage of a first floor area devoted to the permitted ancillary retail and service establishments shall require a variance in accordance with N.J.S.A. 40:55D-70c of the Municipal Land Use Law.
f.
Security Guard Houses, provided such structure(s) are no longer than 12 feet by 12 feet in size, are no higher than 15 feet, are located along the entrance driveway(s) to the property, are located outside any required sight triangle, and are set back at least 25 feet from all street and property lines.
g.
Child Care Centers as part of a principal building, or as the entire use of an accessory building, provided that the Child Care Center is limited in service to the employees of the principal use situated on the subject lot.
h.
Underground Sprinkler Systems, provided the spray therefrom is not projected outside of any lot or onto any street.
i.
On-Site Sewerage Facilities designed and constructed to treat only the sewage generated by the uses within the subject Commerce Park.
j.
On-Site Potable Water Supply Facilities, including production wells, treatment systems and water tanks.
k.
Temporary Construction Trailers and one Sign not exceeding 32 square feet, advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a Construction Permit and concluding with the issuance of a Certificate of Occupancy or one year, whichever is less, provided said trailer(s) and sign are on the site where the construction is taking place, are not on any existing or proposed street or easement, and are set back at least 30 feet from all street and lot lines. There shall be at least one working telephone in the trailer.
5.
Maximum Building And Structure Height.
a.
No principal building shall exceed 48 feet and three stories in height, except that a "Hotel/Motel" principal building shall not exceed 72 feet and six stories in height, and except further that penthouses or other roof structures for the housing of stairways, tanks, ventilating fans, air conditioning equipment and similar equipment necessary to operate the building and the parapets screening them may be erected above the height limits specified hereinabove, but in no case more than eight feet above the specified height limits.
b.
No accessory building or structure shall exceed 25 feet in height, except that any approved water storage tank and/or any approved sewage treatment plant and its enclosure structure may be higher than 25 feet if specifically approved by the Planning Board.
6.
Area And Yard Requirements For Building
Lots In A Commerce Park Planned Development.
Offices, Research Laboratories and Manufacturing | Warehouses, Hotels/Motels | Corporate Complexes | Child Care Centers | |
|---|---|---|---|---|
Minimum Lot Area | 5 acre | 3 acre | 20 acre | 1 acre |
Principal Building Minimum | ||||
Lot Frontage | 400 feet | 300 feet | 750 feet | 150 feet |
Lot Width | 400 feet | 300 feet | 750 feet | 150 feet |
Lot Depth | 400 feet | 300 feet | 750 feet | 150 feet |
Side Yard (each) | 50 feet(*) | 40 feet(*) | 250 feet | 35 feet |
Front Yard | 125 feet | 100 feet | 300 feet | 75 feet |
Rear Yard | 50 feet(*) | 40 feet(*) | 200 feet | 50 feet |
Accessory Building & Structure Minimum | ||||
Distance To Side Line | 50 feet | 40 feet | 100 feet | 25 feet |
Distance To Rear Line | 50 feet | 40 feet | 100 feet | 25 feet |
Distance To Other Bldg. | 50 feet | 50 feet | 50 feet | 25 feet |
Footnote: (*) Or not less than 100 feet where a building abuts any residential district and/or residential use. |
7.
Maximum Floor Area Ratio And Lot Coverages.
a.
Hotels/Motels.
The maximum floor area ratio for all buildings on a lot utilized for "Hotels/Motels" shall be 0.30, and the maximum impervious surface "Lot Coverage" shall be 60%.
b.
Warehouses.
The maximum floor area ratio for all buildings on a lot utilized for "Warehouses" shall be 0.25, and the maximum impervious surface "Lot Coverage" shall be 60%.
c.
Corporate Complexes.
The maximum floor area ratio for all buildings on a lot utilized for "Corporate Complexes" shall be 0.25, and the maximum impervious surface "Lot Coverage" shall be 60%.
d.
Child Care Centers.
Where a "Child Care Center" is provided as a principal use on a lot, the maximum floor area ratio shall be 0.125, and the maximum impervious surface "Lot Coverage" shall be 37.5%.
e.
Offices, Research Laboratories And Limited Manufacturing
1)
The maximum floor area ratio for all buildings on a lot utilized for "Offices", "Research Laboratories" and/or "Limited Manufacturing" shall be based upon the percentage proportion of the building(s) utilized for "Offices" versus "Research Laboratories" and/or "Limited Manufacturing". Specifically, the following maximum floor area ratios and related impervious surface "Lot Coverages" shall apply:
Percentage Of Gross Floor Area Utilized By "Offices" | Maximum F.A.R. | Maximum Lot Coverage |
|---|---|---|
0% to 40% | 0.25 | 60% |
Over 40% to 60% | 0.225 | 55% |
Over 60% to 100% | 0.20 | 50% |
2)
In reviewing submitted applications for development in order to determine the percentage proportion of "Office" versus "Research Laboratory" use and "Limited Manufacturing" use, the Planning Board shall be guided by the fact that a basic premise and purpose for distinguishing between "Office" versus "Research Laboratory" and "Limited Manufacturing" space within buildings is to equalize the traffic impact emanating from a given square footage of building space; therefore, any building space likely to generate a floor/space occupancy rate equal to or less than 350 square feet per person shall be classified as "Offices".
3)
Moreover, all main building lobbies, hallways, stairwells, elevator shafts, and mechanical equipment rooms and storage areas shall be deemed "common areas", and the aggregate square footage of such common areas shall be counted as "Office" versus "Research Laboratory" and "Limited Manufacturing" space in direct proportion to the gross floor area otherwise specifically determined to be "Office" versus "Research Laboratory" and "Limited Manufacturing" space. The entirety of the gross floor area of each building shall be designated as "Office Area", "Research Laboratory Area", "Limited Manufacturing Area" or "Common Area" for the purpose of determining the maximum permitted F.A.R., and the applicant shall submit floor plans specifically indicating the location and extent of the four areas.
4)
In instances where the applicant is seeking site plan approval prior to being able to commit a portion or portions of a building to one of the four areas listed above, the noncommitted portion or portions shall be considered "Offices" versus "Research Laboratories" or "Limited Manufacturing".
8.
Minimum Off-Street Parking.
Each individual use shall provide parking spaces according to the following minimum provisions:
a.
Offices, Research Laboratories, Limited
Manufacturing, Warehouses And Corporate Complexes.
One parking space for every 1,000 square feet or fraction thereof of net habitable floor area used for inside storage and warehousing; one space for every 500 square feet or fraction thereof of net habitable floor area used for "Research Laboratories" and/or "Limited Manufacturing"; and one space for every 250 square feet or fraction thereof of net habitable floor area used for "Offices". In any case, the minimum number of parking spaces resulting from the application of these provisions to the subject building(s) shall not be increased by more than 10%.
b.
Hotels/Motels.
One and one quarter parking spaces per room, plus one space for every 500 square feet of banquet room and/or meeting conference room area and one space for every six seats in any restaurant.
c.
Child Care Centers.
One parking space per employee, plus one additional parking space for every eight children. Additionally, adequate space shall be provided for the loading and unloading of children which shall take place on-site and not in the public right-of-way.
d.
No more than 2% of the parking spaces required by this chapter may be located in the front yard area, but only when such parking is designed and signed "For Visitor Parking Only". All other parking spaces shall be located in the rear and side yard areas, provided that no parking shall be located within 30 feet from any lot line. Moreover, except for driveways through the front yard, the thirty-foot perimeter setback area shall be planted and maintained in lawn area or ground cover, and be landscaped with evergreen shrubbery and/or other appropriate plantings as approved by the Planning Board.
e.
All parking areas shall be paved in accordance with Township specifications except that the Board, at the request of the applicant and in consideration of the specific parking needs of the applicant, may permit a reduction in the paved area devoted for parking provided:
1)
The submitted site plan shall include all the parking spaces required by this chapter and shall designate those spaces to be paved and those requested not to be paved;
2)
All parking areas not to be paved shall be suitably landscaped and such landscaping shall be indicated on the submitted plan and be in addition to landscaping otherwise required;
3)
The drainage system for the site shall be designed and constructed to accommodate the surface water runoff from all parking areas, considering all parking areas to be paved, whether proposed to be paved as part of the initial development of the site or deferred to a possible future date; and
4)
The applicant, on its own behalf and for its successors and assigns, shall agree in writing on the submitted site plan to pave any or all of the deferred parking areas should the paved parking areas prove to be inadequate to accommodate the on-site parking needs of the premises.
9.
Minimum Off-Street Loading.
a.
Each principal building shall have provisions for off-street loading and unloading, with adequate ingress and egress from streets and with adequate space for maneuvering, and such area shall be provided at the side or rear of the building. Each space shall be at least 15 feet by 40 feet in size, and a minimum of one space shall be provided for each building. Additional spaces may be necessary and required by the Planning Board dependent upon the specific activity. There shall be no loading or unloading from the street.
b.
There shall be at least one trash and garbage pick-up provided for each building which shall be separated from the parking spaces and be located either within the building or in a special pick-up location outside the building.
1)
If located outside the building, the trash and garbage location shall consist of a steel-like, totally enclosed container bordered on at least three sides by a masonry wall and which is obscured from view by appropriate landscaping, if necessary. The trash and garbage location may be situated adjacent to or within an off-street loading area, provided the container in no way interferes with or restricts the loading and unloading function.
2)
If located within the building, the doorway may serve both the loading and trash/garbage functions.
10.
Signs.
a.
Each principal building may have one sign, either free-standing or attached, not exceeding an area equivalent to 5% of the front facade of the building, or 75 square feet, whichever is smaller. Free-standing signs shall not exceed 10 feet in height and shall be set back at least 30 feet from all property and street lines.
b.
Additionally, each subdivided Commerce Park may have one sign along each arterial or collector road which the tract in question abuts, provided there exists at least 250 feet of unbroken frontage. Such sign(s) shall not exceed 15 feet in height, shall be set back from the street rights-of-way and driveways at least 30 feet, shall be set back from any property line a minimum of 50 feet, shall not exceed an area of 50 square feet, and shall be used only to display the developer's name.
11.
Specific Requirements For Child Care Centers.
a.
All "Child Care Centers" shall be located on the first floor of a building and may be extended to the second floor of a building; basements and cellars may only be used for ancillary storage of equipment and materials.
b.
A minimum of 100 square feet per child of outdoor space adjacent the center shall be provided, and the space shall be adequately fenced or otherwise protected from hazards, traffic and driveways.
c.
The hours of operation shall be limited to between 6:00 a.m. and 7:00 p.m.
d.
The "Child Care Center" shall comply with all New Jersey State standards and licensing requirements.
12.
General Requirements For Commerce Parks.
a.
A single on-site "Sanitary Sewerage System", designed and constructed to treat only the sewage generated by the uses within the subject Commerce Park, shall be provided in accordance with the requirements specified within Subsection 35-514 of this chapter and shall be a prerequisite condition for the construction of a Commerce Park. Moreover, the plans for such sewerage facilities shall be a prerequisite condition for the approval of a Commerce Park.
b.
A single on-site "Community Water System", including production wells, treatment systems and water tanks as may be necessary, shall be provided in accordance with the requirements specified within Subsection 35-519A of this chapter and shall be a prerequisite condition for the construction of a Commerce Park. Moreover, the plans for such water facilities shall be a prerequisite condition for the approval of a Commerce Park.
c.
Only one principal building shall be permitted per lot, except that a lot at least 20 acres in size may contain more than one principal building provided that all land coverage provisions of this chapter are met.
d.
Except for vehicles owned and operated by the occupant(s) of the principal use(s) on the property, no merchandise, products, waste, equipment or similar material shall be displayed or stored outside.
e.
All areas not utilized for buildings, parking, loading, access aisles, pedestrian walkways and driveways shall be suitably landscaped with a combination of deciduous trees, evergreen trees, shrubs, ground cover and lawn area. Moreover, a buffer area of at least 30 feet in depth shall be installed around the perimeter of the tract being developed for the Commerce Park, and the buffer area shall include berming, evergreen trees and other plantings.
f.
Commerce Park Planned Developments shall be conceived, designed and approved as a single entity.
g.
"General Development Plan" approval may be granted by the Planning Board to "Commerce Park Planned Development" in accordance with the requirements in § 35-806 of this Land Use Regulations Ordinance. Thereafter, the applicant may proceed with preliminary and final approvals for the entirety or for a portion of the development. However, if an applicant does not receive "General Development Plan" approval and starts the review and approval process with an application for preliminary approval, the Planning Board can only grant such approval for the entirety of the "Commerce Park Planned Development" and not for a portion thereof.
h.
In any case, final approval may be granted by the Planning Board on a stage-by-stage basis. When a "Commerce Park Planned Development" is intended to be developed in a number of development stages, the applicant shall submit a "Staging Plan" for review and approval by the Planning Board. The Staging Plan shall identify the land area of the Commerce Park to be developed in each stage and the sequence of the stages to be developed. The eventual development of each stage must be specifically related to all components of the development including, but not limited to, traffic circulation, surface water management, sewage treatment and potable water facilities, off-tract improvements, and required buffers in order to insure that the Staging Plan is workable and that the interests of the public are protected.
i.
There shall be no connective roadway from the development to County Route 524; all traffic shall be directed north to the New Jersey Turnpike and the Interstate Highway network.
13.
General Landscaping Provisions.
a.
The landscaping provided as part of a Commerce Park Planned Development shall include a variety and mixture of plantings. The selection should consider susceptibility to disease, colors, season, textures, shapes, blossoms, and foliage. The subdivision plan shall show the location, specie, size at planting, and quantity of each plant.
b.
A conscious effort shall be made to preserve the existing vegetation on-site during the design, planning and construction of the development.
c.
Shrubs and hedges shall be a minimum 18 inches to 24 inches in height when planted, as appropriate to the species of plant material.
d.
Evergreen trees shall be at least six feet in height at the time of planting, balled and burlapped.
e.
Deciduous trees at time of planting shall be a minimum of two inches to 2 1/2 inches measured six inches above the ground, and shall be balled and burlapped.
f.
All plantings shall be of a species common to the area, of nursery stock and free of insects and disease.
g.
Any plant material which does not live for at least one year shall be replaced by the developer during the next growing season.
h.
All plantings shall be installed in accordance with the American Nurserymen Guide.
i.
Required buffer areas shall be planted with a combination of evergreen trees, evergreen shrubs and deciduous trees at such density as determined by the Planning Board to be appropriate considering the activities involved and any existing vegetation. Buffer areas shall be maintained in good condition at all times and shall be interrupted only by sight triangle easements, sidewalks and driveways.
14.
Easements In Commerce Parks.
Unless specifically approved by the Planning Board, all utility easements shall be located within the utility easements adjacent street rights-of-way or along the property lines of proposed lots.
15.
Common Space Organization.
An organization shall be established in accordance with N.J.S.A. 40:55D-43 for the purpose of owning and assuming maintenance responsibilities for any common open space and common property designated within a "Commerce Park Planned Development". The organization shall incorporate the following provisions:
a.
Membership shall be limited to and mandatory for all property owners within the Commerce Park. Required membership and the responsibilities upon the members shall be in writing between the organization and each property owner in the form of a covenant, with each agreeing to liability for his/her pro rata share of the organization's cost.
b.
The organization shall be responsible for liability insurance, taxes, maintenance and other obligations assumed by the organization and shall hold the municipality harmless from any liability.
c.
The organization shall not be dissolved and shall not dispose of any open space property by sale or otherwise, except to an organization conceived and established to own and maintain the open space or property for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space or property without first offering to dedicate the same to the Township of Upper Freehold.
d.
The assessment levied by the organization upon each member may become a lien on each member's property. The organization shall be allowed to adjust the assessment to meet changing needs. The initial assessment estimated by the developer to be quoted to prospective property owners shall be subject to review and approval by the Planning Board.
e.
The organization shall clearly describe in its bylaws all the rights and obligations of each owner, including a copy of the covenant, model deeds and articles of incorporation of the organization and the fact that every property owner shall have the right to use all the common property; these shall be set forth as a condition of preliminary subdivision approval and shall be submitted to the Township Attorney for review and approval prior to the granting of final approval by the Planning Board.
f.
The articles of incorporation, covenants, bylaws, model deeds and other legal instruments shall ensure that control of the organization shall be transferred to the members based on a percentage of the lots sold.
g.
Should the association fail to maintain the common open space or common property in reasonable order and condition, the Zoning Officer may serve written notice upon such organization and shall follow the procedures set forth in N.J.S.A. 40:55D-43b; and if it becomes necessary for the Township to provide maintenance, the imposition of a lien as set forth in N.J.S.A. 40:55D-43 shall be followed.
16.
Variances And Waivers.
The provisions included within §§ 35-603C2, 3, 4, 5, 6, 7, 8, 10, 11, and 12 of this chapter are zoning provisions, the departure from which shall require a "variance" in accordance with N.J.S.A. 40:55D-70c of the Municipal Land Use Law. The provisions included within § 35-603C9, 13, 14, and 15 of this chapter are considered to be subdivision design provisions, the exception from which shall require a "waiver" in accordance with N.J.S.A. 40:55D-51a of the Municipal Land Use Law.
§ 35-604 FLOOD PLAIN AREAS.
[Ord. No. 34-97 § 81-604]
A.
Basis Of Flood Plain Areas.
1.
The basis for the delineation of 100-year flood plain areas within Upper Freehold Township was the Flood Insurance Rate Maps prepared by the Federal Emergency Management Agency and dated December 11, 1981. The mapping of the 100-year flood plain areas is indicated on the map entitled "Critical Areas Map", which is part of this chapter, although it is recognized that more flood plain areas exist in the Township than those mapped. Any mapping of the "flood hazard areas" by the New Jersey Department of Environmental Protection shall take precedence.
2.
Additionally, while information depicted on the map has been prepared as accurately as possible, nevertheless, it must be understood that detailed information mapped at such a large scale may not represent the actual conditions on any particular parcel of land. Therefore, the information is not intended to take the place of specific on-site engineering data presented to and subjected to independent verification by the Township at the time applications are submitted for approval of a subdivision, site plan, construction permit, and/or any other application which considers "flood plain" information.
B.
Purpose Of Regulations For Flood Plain And Stream Corridor Areas.
The purpose of these regulations is:
1.
To protect flood plains and stream corridors so that flood water may have a natural course to follow and so that the watercourse is not constricted or altered in a manner that will increase water velocities or create a dam.
2.
To allow water levels to rise without danger to persons, animals or property and cover larger land surfaces for the purposes of greater water percolation and recharge of the underground water supply.
3.
To promote the development of a park-like network throughout the Township of Upper Freehold along stream corridors.
4.
To permit only that development of flood prone areas and stream corridors within Upper Freehold Township which:
a.
Is appropriate in light of the probability of flood damage and the need to reduce flood losses;
b.
Represents an acceptable social and economic use of the land in relation to the hazards involved;
c.
Does not increase the danger to human, plant or animal life; and
d.
Provides that no decrease in the amount of available storage for flood waters within the flood plain results from any development.
5.
To prohibit any other types of development including, without limitation, the dumping of solid or hazardous waste, the construction of subsurface sewage disposal systems, the storage of any petroleum products, the addition or removal of fill and the altering of watercourses, temporary roadways and grading, and to retain areas adjacent to streams free from structures and other obstructions.
6.
To protect property from the adverse effects of flooding, erosion, loss of vegetation, seepage, and downstream deposits of silt, gravel and stone, and to prevent burdensome costs to the public arising from such damage and its repair.
7.
To protect other municipalities within the same watersheds from improper stream corridor development and the increased potential for flooding or for reduced stream flows in dry weather.
8.
To prevent disturbance to the ecological balance between wildlife, plant and marine life, which are dependent upon watercourses and their protective flood plains and slopes.
C.
Applicability And Interpretation.
1.
This section regulates development in the following two ways:
a.
By protecting "Stream Corridors", as defined in Subsection 35-604D32 hereinbelow, from the type and intensity of development which would be destructive to their special environmental importance and harmful to the health and general welfare and to properties downstream; and
b.
By mitigating flood hazards within flood hazard areas pursuant to the requirements of the National Flood Insurance Program. These regulations are, in part, intended to satisfy federal requirements in order to make flood insurance available within Upper Freehold Township.
2.
Except in limited cases, the stream corridor requirements of § 35-604 do not permit structures within the stream corridor as defined in Subsection 35-604D hereinbelow which, by that definition, includes flood hazard areas. The flood hazard mitigation requirements in Subsection 35-604F apply only in those limited cases where structures or substantial improvements to structures are permitted.
D.
Definitions.
1.
APPEAL - A request for the review of the Township Construction Official's interpretation of any provision of this section or a request for a variance from the Planning Board.
2.
AREA OF SHALLOW FLOODING - A designated AO or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident.
3.
AREA OF SPECIAL FLOOD HAZARD - Land in the flood plain within the Township subject to a 1% or greater chance of flooding in any given year.
4.
BASE FLOOD - The flood having a 1% chance of being equalled or exceeded in any given year.
5.
BASEMENT - The area of any building having its floor subgrade (below ground level) on all sides.
6.
BREAKAWAY WALL - A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
7.
CHANNEL - The bed and banks of the watercourses located within the boundaries of the Township of Upper Freehold which convey the normal flow of said watercourses most of the time.
8.
DELINEATED STREAM - A stream that has a delineated floodway officially adopted by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:13.
9.
DESIGN FLOOD PROFILE - The elevations of the water surface of the floodway design flood and the flood hazard area design flood.
10.
DEVELOPMENT - Any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, or storage of equipment or materials filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
11.
ELEVATED BUILDING - A non-basement building built to have the top of the elevated floor elevated above the ground level by means of piling, columns (posts and piers) or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. "Elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters.
12.
FLOOD ELEVATION DETERMINATION - The determination of the water surface elevations of the design flood, i.e., the flood level that has a 1% or greater chance of occurrence in any given year.
13.
FLOOD FRINGE AREA - The portion of the flood hazard area not designated as the floodway.
14.
FLOOD HAZARD AREA - The floodway and the flood fringe area of a delineated stream.
15.
FLOOD HAZARD AREA DESIGN FLOOD - The 100-year storm in non-delineated areas and the 100-year storm plus 25% in delineated areas.
16.
FLOOD INSURANCE RATE MAP (FIRM) - The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
17.
FLOOD INSURANCE STUDY - The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood.
19.
FLOOD PLAIN - The relatively flat area adjoining the channel of a natural stream which has been or may be hereafter covered by flood water.
20.
FLOOD PLAIN MANAGEMENT REGULATIONS - State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
21.
FLOOD PROOFING - Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
22.
FLOODWAY - The channel of a natural stream and portions of the flood hazard area adjoining the channel which are reasonably required to carry and discharge the flood water or flood flow of any natural stream without accumulatively increasing the water surface elevation any more than 0.2 feet.
23.
FREEBOARD - A factor of safety usually expressed in feet above the base flood elevation. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the base flood elevation.
24.
HISTORIC STRUCTURE - Any structure that is:
a.
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
b.
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district;
c.
Individually listed on a State inventory of historic places approved by the Secretary of the Interior; or
25.
LOWEST FLOOR - The lowest floor of the lowest enclosed area, including a basement. An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other applicable non-elevation design requirements.
26.
MANUFACTURED HOME - A structure, transportable in one or more sections which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For the purposes of flood plain management, the term "Manufactured Home" includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "Manufactured Home" does not include park trailers, travel trailers or other similar recreation vehicles.
27.
MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISIONS - A parcel (or contiguous parcels) of land divided into two or more manufactured homes lots for rent or sale.
28.
NEW CONSTRUCTION - Structures for which the start of construction commenced on or after the effective date of this chapter.
29.
RECREATION VEHICLE - A vehicle which is built on a single chassis; 400 square feet or less when measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light duty truck; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
30.
START OF CONSTRUCTION - Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement commenced within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
31.
STREAM - A water course having a drainage area of over 50 acres.
32.
STREAM CORRIDOR - Includes the area within a floodway, flood plain, flood hazard area and buffer strips 100 feet from the top of the channel banks of the stream. If the flood plain or flood hazard area extends for more than 100 feet from the top of the channel bank, said larger area shall be the stream corridor.
33.
STRUCTURE - For flood plain management purposes, a walled or roofed building, a manufactured home, including without limitation, gas or liquid storage tanks, that is principally above ground. For insurance purposes, "structure" means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site. For the latter purpose, the term includes a building while in the course of construction, alteration or repair but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such material or supplies are within an enclosed building on the premises.
34.
SUBSTANTIAL DAMAGE - Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
35.
SUBSTANTIAL IMPROVEMENT - Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. The term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include either:
a.
Any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications which is solely necessary to assure safe living conditions; or
b.
Any alteration of a structure listed on the National Register of Historic Places or the State Register of Historic Places.
36.
VARIANCE - A grant of relief by the Planning Board from the requirements of this section permitting construction in a manner otherwise prohibited by this section because the literal enforcement would result in unnecessary hardship.
E.
Site Plan Review.
1.
All proposals for any development within a flood plain or stream corridor area shall require site plan approval by the Planning Board in accordance with § 35-800 of this chapter provided, however, that when a plan does not include the construction of permanent buildings or structures but, instead, includes such work as grading, landscaping, work associated with agricultural uses and similar uses, and where, upon the recommendation of the Township Construction Official, the proposed work is of such a minor nature that Planning Board review is not required, the need for site plan approval by the Planning Board may be waived by the Board. In any case, all other requirements of this section shall apply, and before the work actually begins, the Township Construction Official shall have issued, in writing, his approval to proceed with the work.
2.
When a proposal for development within a flood plain or stream corridor is made to the Township, initially the Township Construction Official shall review the proposal to:
a.
Determine that the requirements of this section have been satisfied;
b.
Determine that all necessary approvals have been obtained from those Federal, State or other local governmental agencies from which prior approval is required;
c.
Determine if the proposed development is located in the floodway, and, if so, assure that the encroachment provisions pertaining to floodway are met; and
d.
Determine whether any plans for walls to be used to enclose space below the base flood level comply with applicable requirements.
After the review is completed, the Township Construction Official shall inform the Planning Board of the findings.
4.
In addition to the applicable information required for site plan approval stipulated in either § 35-803 or § 35-804 of this chapter, as applicable, the following additional information shall be provided:
a.
Proposed finished grade elevations at the corners of any structure or structures on U.S.G.S. datum.
b.
Elevation in relation to mean sea level of the lowest floor (including basement) of all structures, existing and proposed.
c.
Elevation in relation to mean sea level to which any structure, existing or proposed, has been or will be floodproofed.
d.
Certification by a New Jersey registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria established by this section.
e.
Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development. Where alteration or relocation of a watercourse is proposed, notification of the proposed alteration or relocation must be provided to adjacent municipalities and proof of such notification submitted to the Federal Insurance Administration and the NJ Department of Environmental Protection.
f.
The extent of proposed or previous filling, cutting or regrading of the land, if any.
g.
The location, type and size of all existing and proposed erosion and siltation control measures, such as slope protection soil stabilization, sedimentation basins, sediment trap headwalls and aprons.
h.
Proof of stream encroachment lines (floodway) obtained from the New Jersey Department of Environmental Protection. Where stream encroachment lines have not been established by the New Jersey Department of Environmental Protection, the following rules shall be utilized to determine the floodway delineation:
1)
Concerning hydrology methods that are acceptable are those outlined in "Technical Manual For Stream Encroachment" August, 1984, Section 3.1 published by the State of New Jersey, Division of Coastal Resources, Bureau of Flood Plain Management, as amended.
2)
Concerning hydraulics:
a)
Water surface profiles shall be computed using the Step-Backwater method of analysis;
b)
Computations shall begin at a suitable control point at least 500 feet downstream from a project;
c)
Normal depth computed using Manning equation may be used as the starting elevation if the channel is of uniform cross section and slope, and it can be demonstrated that flow is not affected by backwater caused by downstream obstructions;
d)
Water surface profiles shall be computed based upon existing topography, proposed structures, and changes of topography proposed by the applicant; and
e)
Encroachment lines shall be set at or outside the floodway.
5.
The applicant should be prepared to present evidence that the proposal:
a.
Has an inherently low flood damage potential.
b.
Either acting alone or in combination with the existing or future uses will not obstruct flood flows or increase flood heights and/or velocities or reduce ground absorption or storage volume of storm water.
c.
Does not affect adversely the water carrying or storage capacity of the channel, floodway or flood fringe areas.
d.
Does not increase local run-off and erosion and provides proper drainage of the area to an existing adequate watercourse or drainage system.
e.
Does not unduly stress or degrade the natural environment of the flood plain or degrade the quality of surface water or the quality or quantity of ground waters.
f.
Does not require channel modification or relocation.
g.
Is set forth in this chapter as a permitted use.
h.
Is not a prohibited use in that portion of the floodway, flood plain or stream corridor where proposed to be located.
6.
Where required by the Planning Board, the applicant shall furnish information relating to subsurface conditions based on percolation tests and soil borings or probes. Test borings or probes shall be performed by a licensed professional engineer and shall be in accordance with acceptable engineering standards and practices. Written notification of intention to conduct such tests shall be forwarded to and received by the Township Engineer at least two working days prior to testing. A detailed report of the test shall be submitted to the Planning Board and the Township Engineer for review.
7.
When base flood elevation data has not been provided by the Township, its agents and employees shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source to administer this chapter.
8.
The reasons the use cannot be located totally outside the stream corridor area.
F.
Uses In Floodway, Flood Fringe And Stream Corridor Areas.
1.
Prohibited Uses.
No person shall hereafter engage in, cause or permit other persons to engage in prohibited uses in the floodway, flood fringe, flood plain and stream corridor areas, unless specifically approved by the NJ Department of Environmental Protection. All uses not specifically permitted by Subsection 35-604F2 and 3 hereinbelow shall be prohibited.
2.
Permitted Uses In Floodway.
The following uses shall be permitted in the floodway provided the requirements of Subsection 35-604F2e and Subsection 35-604G of this chapter are satisfied:
a.
Channel improvements or changes may be permitted only in connection with stream improvements and stabilization, which improvements or changes have the approval of the New Jersey Department of Environmental Protection, the Monmouth County Planning Board and the Upper Freehold Township Planning Board.
b.
The accepted practices of soil husbandry and farming as well as recreational uses in the nature of parks, wildlife preserves, undeveloped "Common Open Space", play yards provided no play equipment is located in the floodway, picnic areas, boat landings and golf courses, provided a maintenance program to promote stabilization of stream banks is established.
c.
Installation, repairs or replacement of sanitary sewers and appurtenances, and other utility lines and appurtenances.
d.
Culverts, bridges, road or driveway crossings where no other locations are feasible.
e.
No encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood lands during the occurrence of a flood having a 1% chance of being equalled or exceeded in any given year, unless specifically approved by the NJ Department of Environmental Protection. Any proposed use involving the removal of trees shall be undertaken in accordance with the approval of the Upper Freehold Township Planning Board. Material, equipment or vehicles related to and used in conjunction with a permitted use shall not be parked or stored in the floodway area.
f.
Storm water management facilities.
3.
Permitted Uses In The Stream Corridor Areas.
Except for within the floodway, the following uses shall be permitted in stream corridor areas:
a.
The accepted practices of soil husbandry and farming as well as recreational uses in the nature of parks, wildlife preserves, undeveloped open space, play yards provided no play equipment is located in the stream corridor, picnic areas and golf courses, provided a maintenance program to promote stabilization of stream banks is established.
b.
Rebuilding existing structures provided the requirements of Subsection 35-604G hereinbelow are met.
c.
Additions to preexisting structures not to exceed 25% of the gross floor area of the structure preexisting the adoption of this chapter.
d.
Farm fences allowing free passage of floodwaters and debris.
e.
Installation, repairs or replacement of sanitary sewers and appurtenances and other utility lines and appurtenances.
f.
Storm water management facilities.
g.
Culverts, bridges, road or driveway crossings where no other locations are feasible.
G.
Conditions Of Approval.
The Planning Board may impose such conditions on permitted uses as it deems appropriate in order to promote the public safety, health and welfare to protect public and private property, wildlife and fisheries and to preserve and enhance the natural environment of the stream corridor. No Certificate of Occupancy shall be issued unless all conditions of approval have been complied with. In all flood hazard areas, the following conditions are specified in any case:
1.
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
2.
All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.
3.
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
4.
All new and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharges from the system into the flood waters.
5.
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
6.
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
7.
All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, the use of over the top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.
8.
All subdivision proposals shall be consistent with the need to minimize flood damage.
9.
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
10.
All new construction shall have electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities designed and/or located as to prevent water from entering or accumulating within the components during conditions of flooding.
11.
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
12.
Appropriate and adequate controls on operations, sureties, deed restrictions and maintenance bonds shall be provided.
13.
The construction of storm water detention and/or retention facilities, channel modifications, dikes, levees and other protective measures shall be required.
14.
The installation of an adequate flood warning system shall be required.
15.
The postponement of development until such a time as any necessary and required preconstruction protective measures are installed or implemented shall be required.
16.
New construction or substantial improvement of any residential structure shall have the lowest habitable floor, including a cellar or basement, elevated to one foot above the flood hazard area design flood elevation (a one foot freeboard).
17.
All new construction and substantial improvements with fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls, by allowing for the entry and exit of floodwater. Designs for meeting this requirement must either be certified by a registered professional engineer or architect and must meet or exceed the following minimum criteria: a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the unimpeded gravity flow entry and exit of floodwater.
18.
New construction or substantial improvement of any commercial, industrial or other non-residential structure shall either have the lowest floor, including a cellar or basement, elevated to one foot above the design flood elevation (a one foot freeboard) or, together with the attendant utility and sanitary facilities, be floodproofed so that below the design flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A licensed professional engineer or architect shall certify that the standards and methods of construction of this section are satisfied. Such certification shall be provided to the Planning Board. Any or all of the following floodproofing measures may be required:
a.
Installation of watertight doors, bulkheads and shutters, or similar devices.
b.
Reinforced walls to resist water pressure.
c.
Use of paints, membranes or mortars to reduce seepage of water through walls.
d.
Addition of weights to structures to resist flotation.
e.
Installation of pumps to lower water levels of structures.
f.
Pumping facilities or comparable measures for the subsurface drainage systems of the building to relieve external foundation wall and basement flood pressures. Over the sidewalk and under the sidewalk gravity or sump pump drains are not permitted. All such drains shall outlet into an existing adequate watercourse or drainage system.
g.
Construction that resists rupture or collapse caused by water pressure or floating debris.
h.
Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewerage or storm waters into the structure; gravity drainage of basements may be eliminated by mechanical devices.
i.
Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure that they are not subject to inundation and flooding.
j.
Annual inspection and recertification of all non-residential structures which have been floodproofed to assure that floodproofed structures and attendant facilities have been properly maintained.
19.
Where and when permitted, fill shall be no lower than one foot above the flood hazard area design flood elevation and shall extend at such height for a distance of at least 15 feet beyond the limits of any structure erected thereon.
20.
Where and when permitted, structures on fill shall be so built that the lowest floor is at a minimum of one foot above the flood hazard design elevation.
21.
All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the finished floor elevation of the lowest floor is at or above the base flood elevation.
22.
All necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required.
23.
Adequate maintenance shall be provided within any altered or relocated portion of a watercourse so that the flood carrying capacity is not diminished.
H.
Variances From Conditions.
Variances from the conditions of this section may only be issued by the Upper Freehold Township Planning Board in conformance with the following provisions:
1.
For the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Register of Historic Places.
2.
Variances shall not be issued within any designated floodway, flood fringe area or stream corridor if an increase in flood levels during the design flood would occur.
3.
Variances may only be issued upon a determination that the variance is the minimum necessary to afford relief considering the flood hazards.
4.
Variances may only be issued upon a determination that failure to grant the variance would result in exceptional hardship to the applicant and a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
I.
Flood Insurance.
Flood insurance in accordance with the Federal Insurance Agency shall be required for all developments in the flood plain.
J.
Warning And Disclaimer.
The degree of flood protection required herein is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside flood hazard areas will be free from flooding or flood damage. This chapter shall not create liability on the part of the Township of Upper Freehold or by any other officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
K.
Flood Hazard Area Searches.
1.
Official Designated To Make Flood Hazard Searches.
The Township Council shall, annually, designate an official of the Township and/or a number of private consulting firms who are authorized to make and prepare flood hazard area searches.
2.
Issuance Of Certificates.
The official appointed to make such searches shall issue certificates with respect to flood hazard areas on behalf of the Township within a reasonable time after receipt of the following:
3.
Fees For Certificates.
The following fees shall be received prior to the issuance of any certificate:
a.
Where the property described in the application is shown on the Tax Map as consisting of five acres or less, a fee of $5.
b.
Where the property described in the application is shown on the Tax Map as consisting of more than five acres but less than 20 acres, a fee of $10.
c.
Where the property described in the application is shown on the Tax Map as consisting of 20 acres or more, a fee of $20.
§ 35-605 RIGHT TO FARM.
[Ord. No. 34-97 § 81-605]
A.
Recognition Of Right.
The Township of Upper Freehold recognizes that the industry of farming is a natural right and that this industry has been the main source of income and occupation since the founding of our republic and state.
B.
Where Applicable.
This right to farm exists throughout the Township of Upper Freehold except where specifically prohibited by duly enacted zoning ordinances.
C.
Equipment.
This right to farm includes all manner and means of physical labor and mechanical equipment now available, including but not limited to irrigation pumps and equipment, aerial and ground seeding and spraying tractors and their attachments, use and application of recognized fertilizers, approved pesticides and approved herbicides.
D.
Methods.
Farming shall include all recognized methods and types as pertains to the growing of crops and the raising of animals or fowls, throughout the country as a whole.
E.
Acceptable Practices.
The right to farm includes the uses, methods and activities that have been proven effective in the past, that are acceptable in the present and that are considered reasonable and necessary in the industry throughout the country as a whole and which are conducted in accordance with generally accepted agricultural practices.
F.
Times.
The right to farm and the acceptable practices theretobefore set forth may have to occur on holidays, Sundays, weekends, at night as well as during normal working hours, and such working conditions are recognized as incident to farming.
G.
Noise, Odors, Dust And Fumes.
It is also recognized that reasonably incident to farming is the creation of noise, odors, dust and fumes, and it is recognized that these incidents of farming are specifically permitted as a part of the right to farm.
H.
Inconveniences To Public.
It is specifically recognized that any inconveniences to the public caused by the above mentioned incidents to farming is more than compensated by the inherent benefits derived from farming, benefits to the public at large by providing wholesome and fresh foods and farm products, to the community as a source of legitimate income and employment, to future generations by the preservation of open space and the benefits to be derived therefrom.
§ 35-606 AFFORDABLE HOUSING.
[Ord. No. 34-97 § 81-606; Ord. No. 54-1999; Ord. No. 2001-78; Ord. No. 137-04 § 1; Ord. No. 146-05 § 1; Ord. No. 167-2006 § 1; Ord. No. 216-08 § 1; amended 7-11-2019 by Ord. No. 304-19]
§ 35-606.1 Purpose.
A.
This section is intended to assure that low- and moderate-income units ("affordable units") are created with controls on affordability and that low- and moderate-income households shall occupy these units. This section shall apply except where inconsistent with applicable law.
B.
The Township of Upper Freehold Planning Board has adopted a Housing Plan Element and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1 et seq. The Fair Share Plan has been adopted by the Planning Board and endorsed by the governing body. The Fair Share Plan describes how the Township of Upper Freehold shall address its fair share for low- and moderate-income housing as documented in the Housing Element and outlined in the terms of the settlement agreement between the Township of Upper Freehold and Fair Share Housing Center (FSHC).
C.
This section implements the Township's Fair Share Plan and addresses the requirements of the Court and the terms of the Settlement Agreement.
D.
The Township of Upper Freehold shall track the status of the implementation of the Housing Element and Fair Share Plan. Any plan evaluation report of the Housing Element and Fair Share Plan shall be available to the public at the Township's Municipal Building.
§ 35-606.2 General Provisions.
A. ACT ADAPTABLE ADMINISTRATIVE AGENT AFFIRMATIVE MARKETING AFFORDABILITY AVERAGE AFFORDABLE AFFORDABLE HOUSING DEVELOPMENT AFFORDABLE HOUSING PROGRAM(S) AFFORDABLE UNIT AGE-RESTRICTED UNIT AGENCY ALTERNATIVE LIVING ARRANGEMENT ASSISTED LIVING RESIDENCE CERTIFIED HOUSEHOLD COAH DCA DEFICIENT HOUSING UNIT DEVELOPER DEVELOPMENT INCLUSIONARY DEVELOPMENT LOW-INCOME HOUSEHOLD LOW-INCOME UNIT MAJOR SYSTEM MARKET-RATE UNITS MEDIAN-INCOME MODERATE-INCOME HOUSEHOLD MODERATE-INCOME UNIT MULTIFAMILY UNIT MUNICIPAL HOUSING LIAISON NONEXEMPT SALE RANDOM SELECTION PROCESS REGIONAL ASSET LIMIT REHABILITATION RENT RESTRICTED UNIT UHAC VERY-LOW-INCOME HOUSEHOLD VERY-LOW-INCOME UNIT WEATHERIZATION
Definitions. The following terms when used in this section shall have the meanings given in this section:
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.)
Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
The entity designated by the Township to administer affordable units in accordance with this section, N.J.A.C. 5:93,[1] and UHAC (N.J.A.C. 5:80-26).
A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which new restricted units in an affordable housing development are affordable to low- and moderate-income households.
A sales price or rent level that is within the means of a very-low-, low- or moderate-income household as defined within N.J.A.C. 5:93-7.4,[2] and, in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.
A development included in or approved pursuant to the Housing Element and Fair Share Plan or otherwise intended to address the Township's fair share obligation, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable housing development.
Any mechanism in a municipal Fair Share Plan prepared or implemented to address a Township's fair share obligation.
A housing unit proposed or created pursuant to the Act, credited pursuant to applicable COAH regulations, the FSHC Settlement Agreement, or an order of the Superior Court.
A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population where the head of household is a minimum age of either 62 years, or 55 years and meets the provisions of the 42 U.S.C. § 3601 et seq., except that due to death, a remaining spouse of less than 55 years of age shall be permitted to continue to reside.
The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
A structure in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central heat and common areas. Alternative living arrangements include, but are not limited to: transitional facilities for the homeless; Class A, B, C, D and E boarding homes as regulated by the State of New Jersey Department of Community Affairs; residential health care facilities as regulated by the New Jersey Department of Health; group homes for the developmentally disabled and mentally ill as licensed and/or regulated by the New Jersey Department of Human Services; and congregate living arrangements.
A facility that is licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
A household that has been certified by an administrative agent as a very-low-income household, low-income household or moderate-income household.
The New Jersey Council on Affordable Housing and/or its successors and assigned pursuant to applicable laws.
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that requires the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load-bearing structural systems.
Any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land included in a proposed development including the holder of an option to contract to purchase, or other person having an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.
A development containing both affordable units and market rate units. This term includes, but is not limited to: new construction, the conversion of a nonresidential structure to residential use and the creation of new affordable units through the gut rehabilitation or reconstruction of a vacant residential structure.
A household with a total gross annual household income equal to 50% or less of the median household income.
A restricted unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and load-bearing structural systems.
Housing not restricted to very-low-, low-, or moderate-income households that may sell or rent at any price.
The median income by household size for the applicable housing region, as updated annually by COAH or through a court-approved process.
A household with a total gross annual household income in excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income household.
A structure containing five or more dwelling units.
The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Township of Upper Freehold.
Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a class A beneficiary and the transfer of ownership by court order.
A process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).
The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as defined by duly adopted Regional Income Limits published annually by COAH, a successor entity, or established by the Court.
The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, "rent" does not include charges for food and services.
A dwelling unit, whether a rental unit or an ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as amended and supplemented.
The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26 et seq.
A household with a total gross annual household income equal to 30% or less of the median household income for the applicable housing region.
A restricted unit that is affordable to a very-low-income household.
Building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for purposes of a rehabilitation program.
B.
Applicability.
1.
The provisions of this section shall apply to all affordable housing developments and affordable housing units that currently exist and that are proposed to be created within the Township of Upper Freehold pursuant to the Township's most recently adopted Housing Element and Fair Share Plan.
2.
In addition, any property in the Township of Upper Freehold that is currently zoned for nonresidential uses and that is subsequently rezoned for residential purposes or receives a zoning change or a use variance to permit residential development, or receives a zoning change or a density variance to permit higher density residential development, and provided such residential development provides a sufficient compensatory benefit in terms of the density of development permitted, shall provide an affordable housing set-aside as set forth in § 35-606.1E. The determination of a "sufficient compensatory benefit" shall be made by the reviewing authority based upon prevailing legislation and/or case law.
3.
The following sections shall apply to all developments that contain affordable housing units, as defined herein, including any currently unanticipated future developments that will provide affordable housing units.
C.
Alternative Living Arrangements.
1.
The administration of an alternative living arrangement shall be in compliance with N.J.A.C. 5:93-5.8[3] and UHAC, with the following exceptions:
a.
Affirmative marketing (N.J.A.C. 5:80-26.15); provided, however, that the units or bedrooms may be affirmatively marketed by the provider in accordance with an alternative plan approved by the Court;
b.
Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3).
[3]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.
2.
With the exception of units established with capital funding through a twenty-year operating contract with the Department of Human Services, Division of Developmental Disabilities, alternative living arrangements shall have at least thirty-year controls on affordability in accordance with UHAC, unless an alternative commitment is approved by the Court.
3.
The service provider for the alternative living arrangement shall act as the administrative agent for the purposes of administering the affirmative marketing and affordability requirements for the alternative living arrangement.
D.
Phasing Schedule for Inclusionary Zoning. In inclusionary developments the following schedule shall be followed:
Maximum Percentage of Market-Rate Units Completed | Minimum Percentage of Low- and Moderate-Income Units Completed |
|---|---|
25% | 0% |
25% + 1 unit | 10% |
50% | 50% |
75% | 75% |
90% | 100% |
100% | - |
E.
New Construction.
1.
Low/Moderate Split and Bedroom Distribution of Affordable Housing Units:
a.
The fair share obligation shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit. At least 13% of all restricted rental units shall be very-low-income units (affordable to a household earning 30% or less of median income). The very-low-income units shall be counted as part of the required number of low-income units within the development. At least 25% of the obligation shall be met through rental units, including at least half in rental units available to families. A maximum of 25% may be age-restricted. At least half of the units in total shall be available to families.
b.
In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be low-income units.
c.
Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:
1)
The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total affordable units;
2)
At least 30% of all affordable units shall be two-bedroom units;
3)
At least 20% of all affordable units shall be three-bedroom units; and
4)
The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.
d.
Affordable developments that are age-restricted shall be structured such that the number of bedrooms shall equal the number of age- restricted very-low-, low- and moderate-income units within the inclusionary development. This standard may be met by having all one- bedroom units or by having a two-bedroom unit for each efficiency unit.
2.
Accessibility Requirements:
a.
The first floor of all restricted townhouse dwelling units and all restricted units in all other multistory buildings shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
b.
All restricted townhouse dwelling units and all restricted units in other multistory buildings in which a restricted dwelling unit is attached to at least one other dwelling unit shall have the following features:
1)
An adaptable toilet and bathing facility on the first floor; and
2)
An adaptable kitchen on the first floor; and
3)
An interior accessible route of travel on the first floor; and
4)
An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door, on the first floor; and
5)
If not all of the foregoing requirements in Subsection E2b1) through 4) can be satisfied, then an interior accessible route of travel must be provided between stories within an individual unit, but if all of the terms of Subsection E2b1) through 4) above have been satisfied, then an interior accessible route of travel shall not be required between stories within an individual unit; and
6)
An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a, et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that Upper Freehold has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:
(a)
Where a unit has been constructed with an adaptable entrance, upon the request of a person with disabilities who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.
(b)
To this end, the builder of restricted units shall deposit funds within the Township of Upper Freehold's Affordable Housing Trust Fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.
(c)
The funds deposited under Subsection E2b6) above shall be used by the Township of Upper Freehold for the sole purpose of making the adaptable entrance of an affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
(d)
The developer of the restricted units shall submit a design plan and cost estimate to the Construction Official of the Township of Upper Freehold for the conversion of adaptable to accessible entrances.
(e)
Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Township's Affordable Housing Trust Fund in care of the Township Chief Financial Officer who shall ensure that the funds are deposited into the Affordable Housing Trust Fund and appropriately earmarked.
7)
Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is "site impracticable" to meet the requirements. Determinations of site impracticability shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.
3.
Design:
a.
In inclusionary developments, very-low-, low- and moderate-income units (also to be called "affordable units") shall be integrated with the market units to the extent possible.
b.
In inclusionary developments, affordable units shall have access to all of the same common elements and facilities as the market units.
4.
Maximum Rents and Sales Prices:
a.
In establishing rents and sales prices of affordable housing units, the administrative agent shall follow the procedures set forth in UHAC, utilizing the most recently published regional weighted average of the uncapped Section 8 income limits published by HUD.
b.
The maximum rent for restricted rental units within each affordable development shall be affordable to households earning no more than 60% of median income, and the average rent for restricted rental units shall be affordable to households earning no more than 52% of median income.
c.
The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for very-low-, low- and moderate-income units, provided that at least 13% of all low- and moderate-income rental units shall be affordable to very-low-income households, earning 30% or less of the regional median household income.
d.
The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70% of median income, and each affordable development must achieve an affordability average of 55% for restricted ownership units; in achieving this affordability average, moderate-income ownership units must be available for at least three different sales prices for each bedroom type, and low-income ownership units must be available for at least two different sales prices for each bedroom type.
e.
In determining the initial sales prices and rent levels for compliance with the affordability average requirements for restricted units other than assisted living facilities and age-restricted developments, the following standards shall be used:
1)
A studio shall be affordable to a one-person household;
2)
A one-bedroom unit shall be affordable to a one-and-one-half-person household;
3)
A two-bedroom unit shall be affordable to a three-person household;
4)
A three-bedroom unit shall be affordable to a four-and-one-half-person household; and
5)
A four-bedroom unit shall be affordable to a six-person household.
f.
In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units in assisted living facilities and age-restricted developments, the following standards shall be used:
g.
The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Freddie Mac thirty-year fixed-rate mortgage rate (formerly Federal Reserve H.15), taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 28% of the eligible monthly income of the appropriate size household as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
h.
The initial rent for a restricted rental unit shall be calculated so as not to exceed 30% of the eligible monthly income of the appropriate size household, including an allowance for tenant-paid utilities, as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
i.
Income limits for all units that are part of the Township's Housing Element and Fair Share Plan, and for which income limits are not already established through a federal program exempted from the UHAC pursuant to N.J.A.C. 5:80-26.1, shall be updated by the Township annually within 60 days of the publication of determinations of median income by HUD as follows:
1)
Regional income limits shall be established for Region 4 based on the median income by household size, which shall be established by a regional weighted average of the uncapped Section 8 income limits published by HUD. To compute this regional income limit, the HUD determination of median county income for a family of four is multiplied by the estimated households within the county according to the most recent decennial Census. The resulting product for each county within the housing region is summed. The sum is divided by the estimated total households from the most recent decennial Census in the Township's housing region. This quotient represents the regional weighted average of median income for a household of four. The income limit for a moderate- income unit for a household of four shall be 80% of the regional weighted average median income for a family of four. The income limit for a low-income unit for a household of four shall be 50% of the HUD determination of the regional weighted average median income for a family of four. The income limit for a very-low-income unit for a household of four shall be 30% of the regional weighted average median income for a family of four. These income limits shall be adjusted by household size based on multipliers used by HUD to adjust median income by household size. In no event shall the income limits be less than those for the previous year.
j.
The income limits are the result of applying the percentages set forth in Subsection E4:1) above to HUD's determination of median income for the current fiscal year and shall be utilized by the Township until the Township updates the income limits after HUD has published revised determinations of median income for the next fiscal year.
k.
The Regional Asset Limit used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3 shall be calculated by the Township annually by taking the percentage increase of the income limits calculated pursuant to Subsection E4:1) above over the previous year's income limits and applying the same percentage increase to the Regional Asset Limit from the prior year. In no event shall the Regional Asset Limit be less than that for the previous year.
5.
Affordable Housing Set-Asides. Any residential or mixed-use development within a future public sewer service area of the Township that produces five or more housing units shall be required to provide for affordable housing set-asides of at least 20% of the total housing units in for-sale developments and 15% of the total housing units in rental developments. When the application of the set-aside requirement results in a set-aside requirement that is not a whole number, the set-aside requirement shall be rounded up to the next whole number.
6.
Payments in lieu of providing affordable housing is not permitted within the Township.
§ 35-606.3 Minimum Floor Area Requirements for Low- and Moderate-Income Housing Units.
The minimum floor area requirements for low and moderate-income housing units shall be as follows:
Unit Type | Minimum Floor Area |
|---|---|
0-bedroom unit (studio) | 500 square feet |
1-bedroom unit | 675 square feet |
2-bedroom unit | 900 square feet |
3-bedroom unit | 1,100 square feet |
§ 35-606.4 Utilities.
A.
Affordable units shall utilize the same type of heating source as market units within an inclusionary development.
B.
Tenant-paid utilities included in the utility allowance shall be set forth in the lease and shall be consistent with the utility allowance approved by DCA for its Section 8 program.
§ 35-606.5 Occupancy Standards.
In referring certified households to specific restricted units, the administrative agent shall, to the extent feasible and without causing an undue delay in the occupancy of a unit, strive to:
§ 35-606.6 Control Periods for Restricted Ownership Units and Enforcement Mechanisms.
A.
Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each restricted ownership unit shall remain subject to the requirements of this section for a period of at least 30 years, until the Township of Upper Freehold takes action to release the unit from such requirements; prior to such action, a restricted ownership unit must remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented.
B.
The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.
C.
Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each successive sale during the period of restricted ownership, the administrative agent shall determine the restricted price for the unit and shall also determine the nonrestricted fair market value of the unit based on either an appraisal or the unit's equalized assessed value without the restrictions in place.
D.
At the time of the initial sale of the unit, the initial purchaser shall execute and deliver to the administrative agent a recapture note obligating the purchaser (as well as the purchaser's heirs, successors and assigns) to repay the Township, upon the first nonexempt sale after the unit's release from the restrictions set forth in this section, an amount equal to the difference between the unit's nonrestricted fair market value and its restricted price, and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit.
E.
The affordability controls set forth in this section shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units.
F.
A restricted ownership unit shall be required to obtain a continuing certificate of occupancy or a certified statement from the Construction Official stating that the unit meets all Code standards upon the first transfer of title following the removal of the restrictions provided under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
§ 35-606.7 Price Restrictions for Restricted Ownership Units, Homeowner Association Fees and Resale Prices.
Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:
A.
The initial purchase price for a restricted ownership unit shall be approved by the administrative agent.
B.
The administrative agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.
C.
The master deeds of inclusionary developments shall provide no distinction between the condominium or homeowner association fees and special assessments paid by very-low-, low- and moderate-income purchasers and those paid by market purchasers.
D.
The owners of restricted ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of anticipated capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom. See § 35-606.10.
§ 35-606.8 Buyer Income Eligibility.
A.
Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, such that low-income ownership units shall be reserved for households with a gross household income less than or equal to 50% of median income and moderate-income ownership units shall be reserved for households with a gross household income less than 80% of median income. In addition, in accordance with the A500 ACS amendment to the Act, very-low-income ownership units shall be reserved for households with a gross household income less than or equal to 30% of median income.
B.
Notwithstanding the foregoing, however, the administrative agent may, upon approval by the Township Committee, and subject to the Court's approval, permit moderate-income purchasers to buy low-income units in housing markets if the administrative agent determines that there are an insufficient number of eligible low-income purchasers to permit prompt occupancy of the units. All such low-income units to be sold to moderate-income households shall retain the required pricing and pricing restrictions for low-income units.
C.
A certified household that purchases a restricted ownership unit must occupy it as the certified household's principal residence and shall not lease the unit; provided, however, that the administrative agent may permit the owner of a restricted ownership unit, upon application and a showing of hardship, to lease the restricted unit to another certified household for a period not to exceed one year.
D.
The administrative agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 33% of the household's eligible monthly income.
§ 35-606.9 Limitations on Indebtedness Secured by Ownership Unit; Subordination.
A.
Prior to incurring any indebtedness to be secured by a restricted ownership unit, the owner shall apply to the administrative agent for a determination in writing that the proposed indebtedness complies with the provisions of this section, and the administrative agent shall issue such determination prior to the owner incurring such indebtedness.
B.
With the exception of first purchase money mortgages, neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of the unit, as such price is determined by the administrative agent in accordance with N.J.A.C. 5:80-26.6(b).
§ 35-606.10 Capital Improvements to Ownership Units.
A.
The owners of restricted ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of capital improvements made since the purchase of the unit. Eligible capital improvements shall be those that render the unit suitable for a larger household or that adds an additional bathroom. In no event shall the maximum sales price of an improved housing unit exceed the limits of affordability for the larger household.
B.
Upon the resale of a restricted ownership unit, all items of property that are permanently affixed to the unit or were included when the unit was initially restricted (for example, refrigerator, range, washer, dryer, dishwasher, wall-to- wall carpeting) shall be included in the maximum allowable resale price. Other items may be sold to the purchaser at a reasonable price that has been approved by the administrative agent at the time of the signing of the agreement to purchase. The purchase of central air conditioning installed subsequent to the initial sale of the unit and not included in the base price may be made a condition of the unit resale provided the price, which shall be subject to ten-year, straight- line depreciation, has been approved by the administrative agent. Unless otherwise approved by the administrative agent, the purchase of any property other than central air conditioning shall not be made a condition of the unit resale. The owner and the purchaser must personally certify at the time of closing that no unapproved transfer of funds for the purpose of selling and receiving property has taken place at the time of or as a condition of resale.
§ 35-606.11 Control Period for Restricted Rental Units.
A.
Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and each restricted rental unit shall remain subject to the requirements of this section for a period of at least 30 years, until Upper Freehold takes action to release the unit from such requirements. Prior to such action, a restricted rental unit must remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented.
B.
Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or seller with the records office of the County of Monmouth. The deed shall also identify each affordable unit by apartment number and/or address and whether that unit is designated as a very-low-, low or moderate income unit. Neither the unit nor its affordability designation shall change throughout the term of the deed restriction. A copy of the filed document shall be provided to the administrative agent within 30 days of the receipt of a certificate of occupancy.
C.
A restricted rental unit shall remain subject to the affordability controls of this section despite the occurrence of any of the following events:
§ 35-606.12 Rent Restrictions for Rental Units; Leases.
A.
A written lease shall be required for all restricted rental units and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be provided to the administrative agent.
B.
No additional fees or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the administrative agent.
C.
Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit and shall be payable to the developer and/or landlord or to the administrative agent, to be applied only to the costs of administering the controls applicable to the unit as set forth in this section.
D.
No rent control ordinance or other pricing restriction shall be applicable to either the market units or the affordable units in any development in which at least 15% of the total number of dwelling units are restricted rental units in compliance with this section.
§ 35-606.13 Tenant Income Eligibility.
A.
Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as may be amended and supplemented, and shall be determined as follows:
1.
Very-low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of median income by household size.
2.
Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of median income by household size.
3.
Moderate-income rental units shall be reserved for households with a gross household income less than 80% of median income by household size.
B.
The administrative agent shall certify a household as eligible for a restricted rental unit when the household is a very-low-income household, low-income household or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:
1.
The household currently pays more 35% 40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;
2.
The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;
3.
The household is currently in substandard or overcrowded living conditions;
4.
The household documents the existence of assets with which the household proposes to supplement the rent payments; or
5.
The household documents reliable anticipated third-party assistance from an outside source such as a family member in a form acceptable to the administrative agent and the owner of the unit.
C.
The applicant shall file documentation sufficient to establish the existence of the circumstances in Subsection B1 through 5 above with the administrative agent, who shall counsel the household on budgeting.
§ 35-606.14 Municipal Housing Liaison.
A.
The Township of Upper Freehold shall appoint a specific municipal employee to serve as a Municipal Housing Liaison responsible for administering the affordable housing program, including affordability controls, the Affirmative Marketing Plan, monitoring and reporting, and, where applicable, supervising any contracted administrative agent. Upper Freehold shall adopt an ordinance creating the position of Municipal Housing Liaison. Upper Freehold shall adopt a resolution appointing a Municipal Housing Liaison. The Municipal Housing Liaison shall be appointed by the governing body and may be a full- or part-time municipal employee of Upper Freehold. The Municipal Housing Liaison shall be reported to the Superior Court and thereafter posted on the Township website, and shall be duly qualified through a training program sponsored by Affordable Housing Professionals of New Jersey before assuming the duties of Municipal Housing Liaison.
B.
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Township of Upper Freehold, including the following responsibilities which may not be contracted out to the administrative agent:
1.
Serving as Upper Freehold's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents and interested households;
2.
The implementation of the Affirmative Marketing Plan and affordability controls;
3.
When applicable, supervising any contracting administrative agent;
4.
Monitoring the status of all restricted units in Upper Freehold's Fair Share Plan;
5.
Compiling, verifying and submitting annual monitoring reports as may be required by the Court;
6.
Coordinating meetings with affordable housing providers and administrative agents, as needed; and
7.
Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing as offered or approved by the Affordable Housing Professionals of New Jersey (AHPNJ), if such continuing education opportunities are made available by COAH or the DCA.
C.
Subject to the approval of the Court, the Township of Upper Freehold shall designate one or more administrative agent(s) to administer and the affirmatively market the affordable units constructed in the Township in accordance with UHAC and this section. An operating manual for each affordable housing program shall be provided by the administrative agent(s) to be adopted by resolution of the governing body and subject to approval of the Court. The operating manual(s) shall be available for public inspection in the office of the Township Clerk, in the office of the Municipal Housing Liaison, and in the office(s) of the administrative agent(s). The Municipal Housing Liaison shall supervise the contracting administrative agent(s).
§ 35-606.15 Administrative agent.
The administrative agent may be an independent entity serving under contract to and reporting to the Township. For new sale and rental developments, all of the fees of the administrative agent shall be paid by the owners of the affordable units for which the services of the administrative agent are required. For resales, single-family homeowners and condominium homeowners shall be required to pay 3% of the sales price for services provided by the administrative agent related to the resale of their homes. That fee shall be collected at closing and paid directly to the administrative agent. The administrative agent shall perform the duties and responsibilities of an administrative agent as set forth in UHAC, including those set forth in Sections 5:80-26.14, 16 and 18 thereof, which include:
A.
Affirmative Marketing:
1.
Conducting an outreach process to affirmatively market affordable housing units in accordance with the Affirmative Marketing Plan of the Township of Upper Freehold and the provisions of N.J.A.C. 5:80-26.15; and
2.
Providing counseling or contracting to provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
B.
Household Certification:
1.
Soliciting, scheduling, conducting and following up on interviews with interested households;
2.
Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate-income unit;
3.
Providing written notification to each applicant as to the determination of eligibility or noneligibility;
4.
Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set forth in Appendices J and K of N.J.A.C. 5:80-26.1 et seq.;
5.
Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located;
6.
Employing a random selection process as provided in the Affirmative Marketing Plan of the Township of Upper Freehold when referring households for certification to affordable units; and
7.
Notifying the following entities of the availability of affordable housing units in the Township of Upper Freehold: FSHC, the New Jersey State Conference of the NAACP, the Trenton, Red Bank, Asbury Park/Neptune, Bayshore, Greater Freehold, and Greater Long Branch branches of the NAACP, Shiloh Baptist Church, the Latino Action Network, and the Supportive Housing Association.
C.
Affordability Controls:
1.
Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;
2.
Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;
3.
Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the Monmouth County 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.
D.
Resales and Rerentals:
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 rerental; 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.
E.
Processing Requests from Unit Owners:
1.
Reviewing and approving requests for determination from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership that the amount of indebtedness to be incurred will not violate the terms of this section;
2.
Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the depreciated cost of central air-conditioning systems;
3.
Notifying the Township of an owner's intent to sell a restricted unit; and
4.
Making determinations on requests by owners of restricted units for hardship waivers.
F.
Enforcement:
1.
Securing annually from the Township a list of all affordable housing units for which tax bills are mailed to absentee owners, and notifying all such owners that they must either move back to their unit or sell it;
2.
Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the administrative agent;
3.
The posting annually in all rental properties, including two-family homes, of a notice as to the maximum permitted rent together with the telephone number of the administrative agent where complaints of excess rent or other charges can be made;
4.
Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;
5.
Establishing a program for diverting unlawful rent payments to the Township's Affordable Housing Trust Fund; and
6.
Creating and publishing a written operating manual for each affordable housing program administered by the administrative agent, to be approved by the Township Committee and the Court, setting forth procedures for administering the affordability controls.
G.
Additional Responsibilities:
1.
The administrative agent shall have the authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.
2.
The administrative agent shall prepare monitoring reports for submission to the Municipal Housing Liaison in time to meet any monitoring requirements and deadlines imposed by the Court.
3.
The administrative agent shall attend continuing education sessions on affordability controls, compliance monitoring, and affirmative marketing at least annually and more often as needed.
§ 35-606.16 Affirmative Marketing Requirements.
A.
The Township of Upper Freehold shall adopt by resolution an Affirmative Marketing Plan, subject to approval of the Court that is compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented.
B.
The Affirmative Marketing Plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The Affirmative Marketing Plan is intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs marketing activities toward Housing Region 4 and is required to be followed throughout the period of restriction.
C.
The Affirmative Marketing Plan shall provide a regional preference for all households that live and/or work in Housing Region 4, comprised of Mercer, Monmouth and Ocean Counties.
D.
The Affirmative Marketing Plan shall provide a veterans preference for all households that live and/or work in Housing Region 4, comprised of Mercer, Monmouth and Ocean Counties. All rules will be in accordance with N.J.S.A. 52:27D-311(j).
E.
The Township has the ultimate responsibility for adopting the Affirmative Marketing Plan and for the proper administration of the Affirmative Marketing Program, including initial sales and rentals and resales and rerentals. The administrative agent designated by the Township of Upper Freehold shall implement the Affirmative Marketing Plan to assure the affirmative marketing of all affordable units.
F.
In implementing the Affirmative Marketing Plan, the administrative agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
G.
The Affirmative Marketing Plan shall describe the media to be used in advertising and publicizing the availability of housing. In implementing the Affirmative Marketing Plan, the administrative agent shall consider the use of language translations where appropriate.
H.
The affirmative marketing process for available affordable units shall begin at least four months (120 days) prior to the expected date of occupancy.
I.
Applications for affordable housing shall be available in several locations, including, at a minimum, the county administration building and/or the county library for each county within the housing region; the municipal administration building and the municipal library in the Township in which the units are located; and the developer's rental office. Pre-applications shall be emailed or mailed to prospective applicants upon request.
J.
The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner.
§ 35-606.17 Enforcement of Affordable Housing Regulations.
A.
Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant, the Township shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, a requirement for household recertification, acceleration of all sums due under a mortgage, recuperation of any funds from a sale in violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.
B.
After providing written notice of a violation to an owner, developer or tenant of a low- or moderate-income unit and advising the owner, developer or tenant of the penalties for such violations, the Township may take the following action(s) against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:
1.
The Township may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation or violations of the regulations governing the affordable housing unit. If the owner, developer or tenant is adjudged by the Court to have violated any provision of the regulations governing affordable housing units the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the Court:
a.
A fine of not more than $2,000 per day or imprisonment for a period not to exceed 90 days, or both, provided that each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not a continuation of the initial offense;
b.
In the case of an owner who has rented a very-low-, low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Township of Upper Freehold Affordable Housing Trust Fund of the gross amount of rent illegally collected;
c.
In the case of an owner who has rented a very-low-, low- or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the Court.
2.
The Township may file a court action in the Superior Court seeking a judgment that would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any such judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the low- or moderate-income unit.
a.
The judgment shall be enforceable, at the option of the Township, by means of an execution sale by the Sheriff, at which time the low- and moderate-income unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the Township, including attorney's fees. The violating owner shall have his right to possession terminated as well as his title conveyed pursuant to the Sheriff's sale.
b.
The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the Township for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the Township in full as aforesaid, the violating owner shall be personally responsible for the full extent of such deficiency, in addition to any and all costs incurred by the Township 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 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 for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the Township. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the Township, whether such balance shall be paid to the owner or forfeited to the Township.
c.
Foreclosure by the Township due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.
d.
If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the Township may acquire title to the low- and moderate-income unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low- and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.
e.
Failure of the low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the Township shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the Township, with such offer to purchase being equal to the maximum resale price of the low- and moderate-income unit as permitted by the regulations governing affordable housing units.
f.
The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner.
§ 35-606.18 Appeals.
Appeals from all decisions of an administrative agent appointed pursuant to this section shall be filed in writing with the Court.
§ 35-606.19 Development Fees for Affordable Housing.
A.
Purpose.
1.
In Holmdel Builder's Ass'n 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, N.J.S.A. 52:27D-301 et seq., and the State Constitution, subject to the Council On Affordable Housing's (COAH) adoption of rules.
2.
Pursuant to P.L. 2008, c.46 section 8 (N.J.S.A. 52:27D-329.2) and the Statewide Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1 through 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 rules and in accordance P.L. 2008, c. 46, Sections 8 and 32 through 38. Fees collected pursuant to this section shall be used for the sole purpose of providing very-low-, 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]
[1]
Editor's Note: The provisions of N.J.A.C. 5:97 expired 6-2-2015.
C.
Definitions.
1. AFFORDABLE HOUSING DEVELOPMENT COAH or THE COUNCIL DEVELOPER DEVELOPMENT FEE EQUALIZED ASSESSED VALUE GREEN BUILDING STRATEGIES
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 100% affordable development.
The New Jersey Council on Affordable Housing and/or its successors and assigned pursuant to applicable laws.
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
Money paid by a developer for the improvement of property as permitted by applicable COAH regulations.
The assessed value of a property divided by the current average ratio of assessed to true value for the Township 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. 54:135a 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.
Imposition of Fees.
a.
Within the Township of Upper Freehold, all residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1.5% of the equalized assessed value for residential development provided no increased density is permitted. Development fees shall also be imposed and collected when an additional dwelling unit is added to an existing residential structure; in such cases, the fee shall be calculated based on the increase in the equalized assessed value of the property due to the additional dwelling unit.
b.
When an increase in residential density pursuant to a "d" variance is granted under N.J.S.A. 40:55D-70d(5) (known as a "d" variance), developers shall be required to pay a "bonus" development fee of 6% of the equalized assessed value for each additional unit that may be realized, except that this provision shall not be applicable to a development that will include affordable housing. 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 filing of the "d" variance application. Example: If an approval allows four units to be constructed on a site that was zoned for two units, the development fees will equal 1 1/2% of the equalized assessed value on the first two units; and 6% of the equalized assessed value for the two non-age-restricted additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.
1)
Eligible Exactions, Ineligible Exactions and Exemptions for Residential Development.
(a)
Affordable housing developments and developments where the developer is providing for the construction of affordable units elsewhere in the Township, if permitted by ordinance or by agreement with the Township of Upper Freehold, shall be exempt from development fees.
(b)
Developments that have received preliminary or final site plan approval prior to the adoption of the first development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval is not applicable, the issuance of a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for the purpose of determining the right to exemption. In all cases, the applicable fee percentage shall be determined based upon the development fee ordinance in effect on the date that building permit is issued.
(c)
In addition to the construction of new principal and/or accessory buildings, development fees shall be imposed and collected when an existing structure is demolished and replaced, if the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the new structure. Furthermore:
[1]
No development fee shall be collected for a demolition and replacement of a residential building resulting from a natural disaster.
[2]
No development fee shall be collected for the construction of an "accessory structure" which is not a "building" as these terms are defined in the Upper Freehold Township Land Use Regulations Ordinance.
(d)
Nonprofit organizations which have received tax-exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code, providing current evidence of that status is submitted to the municipal clerk, together with a certification that services of the organization are provided at reduced rates to those who establish an inability to pay existing charges, shall be exempted from paying a development fee.
(e)
Federal, state, county, and local governments shall be exempted from paying a development fee.
E.
Nonresidential Development Fees.
1.
Imposition of Fees.
a.
Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted below, shall pay a fee equal to 2.5% of the increase in equalized assessed value of the land and improvements, for all new nonresidential construction on an unimproved lot or lots.
b.
Within all zoning districts, 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.
Eligible exactions, ineligible exactions and exemptions for nonresidential development:
1)
The nonresidential portion of a mixed-use inclusionary or market rate development shall be subject to the 2.5% development fee, unless otherwise exempted below.
2)
The 2.5% fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.
3)
Nonresidential projects that have received a certificate of occupancy or general development plan approval or have entered into a developer's agreement or a redevelopment agreement, all prior to July 17, 2008 (the effective date of P.L. 2008, c.46), shall be exempt from the payment of nonresidential development fees, provided that an affordable housing fee of at least 1% of the equalized assessed value of the improvements is included in the development plan, developer's agreement or redevelopment agreement.
4)
Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required as specified in the Form N-RDF "State of New Jersey Nonresidential Development Certification/Exemption." Any exemption claimed by a developer shall be substantiated by that developer.
5)
A developer of a nonresidential development exempted from the nonresidential Township development fee shall be subject to the fee 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.
6)
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 Upper Freehold Township as a lien against the real property of the owner.
F.
Collection Procedures. The Township of Upper Freehold shall collect development fees for affordable housing in accordance with the following:
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 Township Construction Code Official responsible for the issuance of a building permit of the applicable approval.
2.
For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF "State of New Jersey Nonresidential Development Certification/Exemption," to be completed by the developer as per the instructions provided. The Township Construction Official shall verify the information submitted by the nonresidential developer as per the instructions provided in the Form N-RDF. The Township Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
3.
The Township Construction Official responsible for the issuance of a building permit shall notify the Township Tax Assessor of the issuance of the first building permit for a development that is subject to a development fee.
4.
Within 90 days of receipt of that notice, the Township 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 shall notify the Township Tax Assessor of any and all requests for the scheduling of a final inspection on a property that is subject to a development fee.
6.
Within 10 business days of a request for the scheduling of a final inspection, the Township Tax 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 Township fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b of Section 37 of P.L. 2008, c.46 (N.J.S.A. 40:55D-8.6).
8.
Fifty percent of the initially calculated development fee shall be collected at the time of the issuance of the building permit. The remaining portion shall be tendered to Upper Freehold Township at the time of the issuance of a certificate of occupancy. The developer shall be responsible for paying any difference between the fee calculated at the issuance of the building permit and the fee determined at issuance of certificate of occupancy.
9.
Upon tender of the remaining development fee, provided the developer is in full compliance with all other applicable laws and regulations, the Township shall issue a final certificate of occupancy for the subject property.
10.
Regardless of the time of collection of the development fee, the fee shall be based upon the percentage that applies on the date that the construction permit is issued.
11.
The Construction Code Official shall forward all collected development fees to Upper Freehold Township's Chief Financial Officer who shall deposit such fees into the established Housing Trust Fund.
G.
Appeal of Development Fees.
1.
A developer may challenge residential development fees imposed due to a disagreement as to the equalized assessed value of the property by filing a challenge with the County Board of Taxation. Such a challenge must be made within 45 days from the issuance of the certificate of occupancy. Pending a review and determination by the Board, collected fees shall be placed in an interest-bearing escrow account by Upper Freehold Township. 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. Other challenges to the imposition of a residential development fee must be brought in the Superior Court as a prerogative writ challenge.
2.
A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest bearing escrow account by Upper Freehold Township. 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.
H.
Affordable Housing Trust Fund.
1.
All collected development fees and any proceeds from the sale of units with extinguished controls shall be deposited by the Chief Financial Officer of the Township of Upper Freehold into a separate designated interest-bearing Housing Trust Fund, which shall be maintained by the Township Chief Financial Officer.
2.
The following additional funds shall be deposited in the "Housing Trust Fund" and shall at all times be identifiable by source and amount:
a.
Recapture funds;
b.
Proceeds from the sale of affordable units;
c.
Rental income from municipally operated units;
d.
Affordable housing enforcement fines and application fees;
f.
Repayments from affordable housing program loans; and
g.
Any other funds collected in connection with the Township's affordable housing program.
3.
Interest accrued in the Affordable Housing Trust Fund shall only be used on eligible affordable housing activities approved by the Court.
I.
Use of Funds.
1.
The expenditure of all funds shall conform to a spending plan approved by the Court, COAH, or its successor agency. Funds deposited in the Affordable Housing Trust Fund may be used for any activity approved by the Court to address the Township's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to:
a.
A housing rehabilitation program;
b.
New construction of affordable housing units and related costs; in the case of inclusionary developments, eligible costs shall be prorated based on the proportion of affordable housing units included in the development;
c.
Accessory apartment, market to affordable, or regional affordable housing partnership programs;
d.
Financial assistance designed to increase affordability;
e.
Conversion of existing nonresidential buildings to create new affordable units;
f.
Purchase of and/or improvement of land to be used for affordable housing;
g.
Purchase of existing market rate or affordable housing for the purpose of maintaining or implementing affordability controls;
h.
Extensions or improvements of roads and infrastructure directly serving affordable housing sites; in the case of inclusionary developments, costs shall be prorated based on the proportion of affordable housing units included in the development;
i.
Green building strategies designed to be cost-saving and in accordance with accepted national or state standards;
j.
Administration necessary for implementation of the Housing Plan Element and Fair Share Plan, or any other activity as specified in the approved spending plan and as permitted by the Court and specified in the approved Spending Plan.
2.
Funds shall not be expended to reimburse the Township of Upper Freehold for past housing activities.
3.
At least 30% of all development fees collected and interest earned shall be used to provide affordability assistance to very-low-, low- and moderate-income households in affordable units included in the Housing Element and 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 for Housing Region 4, in which Upper Freehold is located.
a.
Affordability assistance programs may include down payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowner's association or condominium fees and special assessments, and assistance with emergency repairs. The specific programs to be used for affordability assistance shall be identified and described within the spending plan.
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 specific programs to be used for very-low-income affordability assistance shall be identified and described within the spending plan.
c.
Payments in lieu of constructing affordable units on site, if permitted by ordinance or by agreement with the Township of Upper Freehold, and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
4.
The Township of Upper Freehold may contract with a private or public entity to administer any part of its Housing Plan Element and Fair Share Plan, including the requirement for affordability assistance.
5.
No more than 20% of development fee revenues collected in any given year from the development fees may be expended on administration, including, but not limited to, the salaries and benefits for Upper Freehold Township employees or consultant fees necessary to develop or implement a new affordable housing program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program.
a.
In the case of a rehabilitation program, the administrative costs of the rehabilitation program shall be included as part of the 20% of the collected development fees that may be expended on administration.
b.
Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH and or its successor agency, and/or Court monitoring requirements. All other housing rehabilitation costs are considered programmatic and not administrative. Legal or other fees related to litigation opposing affordable housing sites or related to securing or appealing a judgment from the Court are not eligible uses of the Affordable Housing Trust Fund.
J.
Monitoring. The Upper Freehold Township Municipal Housing Liaison shall provide annual reporting of Affordable Housing Trust Fund activity to the State of New Jersey, Department of Community Affairs, Council on Affordable Housing or Local Government Services, or other entity designated by the State of New Jersey, with a copy provided to Fair Share Housing Center and posted on the municipal website, using forms developed for this purpose by the New Jersey Department of Community Affairs, Council on Affordable Housing or Local Government Services. The reporting shall include an accounting of all Affordable Housing Trust Fund activity, including the sources and amounts of funds collected and the amounts and purposes for which any funds have been expended. Such reporting shall include an accounting of development fees collected from residential and nonresidential developers, payments in lieu of constructing affordable units on site (if permitted by ordinance or by agreement with the Township), funds from the sale of units with extinguished controls, barrier-free escrow funds, repayments from affordable housing program loans, and any other funds collected in connection with the Township's housing program, as well as an accounting of the expenditures of the revenues and implementation of the Spending Plan approved by the Court.
K.
Ongoing Collection of Development Fees. The ability for the Township of Upper Freehold to impose, collect and expend development fees shall expire with its substantive certification unless Upper Freehold Township has filed an adopted Housing Element and Fair Share Plan with the Court, COAH or its successor agency, has petitioned for substantive certification, and has received the Court's or COAH's approval of its development fee ordinance. If the Township of Upper Freehold 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 Township of Upper Freehold 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.
§ 35-606.20 Moratorium on Affordable Housing.
When any combination of affordable for-sale and/or rental units reaches 189 credits as identified in the Settlement Agreement executed July 23, 2018, the Township of Upper Freehold will rescind all overlay zoning that permits inclusionary affordable housing developments.
§ 35-607 REQUIREMENTS FOR CAMPGROUNDS IN THE "HD" DISTRICT. [1] [2]
[Ord. No. 65-00 § [81-607G; Ord. No. 34-97 § 81-607; Ord. No. 65-00 § 2]
A.
Campgrounds shall be permitted only within the "HD" Highway Development District and only on tracts of land at least 25 acres in size with at least 1,000 feet of vehicular access frontage along County Route 537.
B.
The following definitions of "Camper," "Campground," "Camping Unit," "Camping Vehicle" and "Campsite" shall apply:
1.
Camper: Any person who registers his party for the occupancy of a campsite or who otherwise assumes charge of, or is placed in charge of, a campsite.
2.
Campground: A plot of ground upon which two or more campsites are located, established or maintained for occupancy by camping units of the general public as temporary living quarters for children and adults, or both, for recreation or vacation purposes.
3.
Camping Unit: Any tent or camping vehicle temporarily located on a campsite in a campground as temporary living quarters for children or adults, or both, for recreation or vacation purposes.
4.
Camping Vehicle: Any camp trailer, travel trailer or other unit built or mounted on a vehicle or chassis, designed without permanent foundation, which is used for temporary dwelling or sleeping purposes and which, under the provisions of Title 39 of the Revised Statutes of New Jersey, may be legally driven or towed by a passenger automobile on a street.
5.
Campsite: Any plot of ground within a campground intended for the exclusive occupation by a camping unit or units under the control of a camper.
C.
The maximum number of campsites in a campground shall not exceed seven campsites per gross acre of land area within the tract, and no portion of any campsite shall be located on wetlands, wetlands transitional buffer areas, 100-year flood plains or on topographic slopes 15% or more in grade, and provided further that all other applicable requirements of this chapter are met.
D.
Except for the access drives from County Route 537 into the campground as approved by the Planning Board, no campsite, building, structure, driveway or other improvement shall be permitted within 100 feet of County Route 537 or within 50 feet from any other tract boundary, except that unmounded septic systems may be located no closer than 25 feet to any tract boundary line.
E.
Each campsite, including the adjacent space(s) for the parking of vehicles brought to the campsite by the campers, but excluding any portion of any access drive providing vehicular access to the campsite and the adjacent parking space(s), shall not be less than 1,500 square feet in area, and the area of each campsite shall be shown and dimensioned on the submitted site plan.
F.
The campground shall be under the supervision of a caretaker who shall reside on the campground in a location and building as specifically approved by the Planning Board as part of the site plan approval.
G.
Campsites shall be rented by the day or week only and no people, other than the on-site caretaker, shall be permitted to remain within the campground for more than a total of 70 days during any calendar year, and the following requirements shall be met:
1.
A log book shall be dutifully kept by the operator of the campground with the names and signatures of the campers and the dates they were on the campground, and the log book shall be made available to the Zoning Officer and/or the Code Enforcement Official upon request;
2.
No campsite shall be decorated or otherwise improved with additions or embellishments to make the campsite more like the site of a more permanent home, or even to create the appearance of a more permanent home; and
3.
No recreational vehicle, tent or any other form of lodging, and no property of a camper, shall be permitted to remain on a campsite during any time the camper is not authorized to be at the campground, except that a recreational vehicle owned by the camper may be temporarily stored within the campground, but only on those campsites and in accordance with the other provisions specified in Subsection 35-607S of this chapter hereinbelow.
H.
Accessory uses to the campground shall be required in accordance with the following:
1.
The residence of the on-site caretaker as approved by the Planning Board;
2.
One office building which shall not exceed 5,000 square feet in area and a height of 30 feet and 2 1/2 stories, which shall contain coin operated clothes washing and drying equipment, and which shall have a single ridge roof design;
3.
Recreational facilities as approved by the Planning Board for use only by the people within the campground and not by the general public, including at a minimum an in-ground swimming pool, a playground area for children, a volleyball court, a horseshoe pitching area and one all-purpose field for each 100 campsites (rounded to the nearest hundred), with each all-purpose field being at least 10,000 square feet in area and at least 75 feet wide;
4.
Water closet and shower buildings which have a single-ridge roof design and which meet the requirements specified in Subsection 35-90C10 hereinbelow; and
5.
A network of designated walkways and/or roadways provided throughout the campground, connecting the campsites to the recreational facilities and water closet and shower buildings.
I.
Additional accessory uses to the campground may be provided as follows, provided that they are specifically approved by the Planning Board as part of the site plan approval:
2.
Picnics for private parties, provided that the area to be used for the picnics is shown on the submitted site plan and that adequate off-street parking is provided and shown on the site plan for such private picnics.
J.
Water closet and shower buildings shall be required in accordance with the following design criteria:
1.
Buildings containing toilet and shower facilities shall be located throughout the campground and not farther than 500 feet from any campsite as shown and dimensioned on the submitted site plan, except that campsites for "RV" Recreational Vehicles provided with full utility hookups may be located as distant as 600 feet from a building containing toilet and shower facilities;
2.
All toilets, urinals, wash sinks and showers shall be connected to an approved septic system and no "privies" or "pit toilets" shall be permitted; and
3.
Separate water closets shall be provided in each building for males and females and shall be separated from each other and from the shower facilities by a sound-resistant wall which shall extend floor to ceiling.
K.
One free-standing sign and one attached sign shall be permitted in accordance with the following:
1.
The free-standing sign shall not exceed 10 feet in height and 75 square feet in area and shall be set back at least 30 feet from all property and street lines; and
2.
The attached sign shall be attached flat against the front wall of the office building and shall not exceed 5% of the front facade of the office building or 30 square feet, whichever is less.
L.
Landscaping shall be provided as approved by the Planning Board in accordance with the following criteria:
1.
All existing vegetation on the subject property shall be preserved to the greatest extent practicable;
2.
Where necessary in order to visually screen the campground from adjacent properties and from County Route 537, coniferous trees at least six feet high at time of planting shall be required by the Planning Board as part of the site plan approval;
3.
Fencing between six feet and eight feet in height shall be required by the Planning Board, as part of the site plan approval, to be installed by the developer in appropriate locations in order to discourage campers from trespassing onto adjacent properties;
4.
The foundations of all buildings, the borders of all detention basins, the land area between adjacent campsites, the recreational areas and the all-purpose fields shall be appropriately landscaped with a combination of evergreen and deciduous trees and shrubbery in order to create a park-like atmosphere; and
5.
Any dead or diseased vegetation shall be replaced by the landowner during the first next planting season.
M.
No campfires shall be permitted unless within fire pits designated and detailed on the submitted site plan as approved by the Planning Board.
N.
Only minimal lighting for safety purposes shall be permitted within the campground, and the location and details of all lighting shall be indicated on the site plan for review and approval by the Planning Board.
O.
The design of the campground shall adhere to the following criteria:
1.
The location, number and distribution of the individual campsites within the campground shall provide a relatively high degree of privacy, not typical of campgrounds in general;
2.
The access drives providing access to the campsites throughout the campground shall be interconnected to provide fluid traffic flow, without the necessity for vehicles other than passenger automobiles to reverse direction in order both to access and to leave a campsite;
3.
To the extent possible, but with the understanding that sufficient surface water management must be achieved to the satisfaction of the Planning Board and the Township Engineer, the existing natural features of the site shall not be disturbed; and
4.
All access drives throughout the campground shall be improved as directed by the Township Engineer to enable emergency vehicle access to all campsites within the campground.
P.
Where not exceeded by these standards and specifications or by any other applicable ordinance provisions of the Township of Upper Freehold, the provisions specified within "Chapter 11: Campgrounds" of the New Jersey State Sanitary Code shall apply.
Q.
The applicant shall be required to post an inspection fee to pay for the services of the Township Engineer to inspect the campground during its construction in order to assure conformity with the plan as approved by the Planning Board.
R.
On July 1st of each year, the owner of the campground shall pay a fee of $100 to the Township Board of Health for the purpose of a mandatory inspection of the entire site by the Township Health Officer and all septic systems shall be pumped at that time.
S.
The temporary storage of recreational vehicles (RV's) shall be permitted, but only in accordance with the following requirements and limitations:
1.
No RV storage area, per se, is permitted; instead, RV storage is permitted only on approved campsites located together in a remote area of the campground as specifically approved by the Planning Board, which area shall have only one vehicular access;
2.
No more than a total of 10% of the total number of approved campsites within the campground, but no more than 25 campsites in any case, shall be used for the temporary storage of recreational vehicles;
3.
No occupancy of any stored RV is to be permitted at any time;
4.
When any one of the subject up to 25 campsites is used for RV storage, none of the subject campsites is to be utilized by campers within the campground;
5.
Each stored RV shall be owned by an individual who has an established permanent residency clearly outside the campground;
6.
The RV's stored at the campground shall only be those owned by a "repeat" campground customer, i.e., by an individual who plans to camp at the campground in the future; and
7.
No RV shall be stored for more than 90 days during any calendar year.
§ 35-608 REQUIREMENTS FOR AGRICULTURAL PRESERVATION SUBDIVISIONS IN THE "AR" DISTRICT. [1]
[Ord. No. 68-2000 § 2 [81-608C]; Ord. No. 68-2000 § 3 [81-608E]; Ord. No. 68-2000 § 4 [781-608I]; Ord. No. 53-1999 § 81-608; Ord. No. 68-2000 § 1; Ord. No. 229-09 §§ 2, 3]
A.
"Agricultural Preservation Subdivisions" and the RA-5 Rural Agricultural 5 District shall be permitted only within the "AR" Agricultural Residential District for the limited development of single-family detached dwellings and the preservation of significant farmland. The "Agricultural Preservation Subdivision" provisions contained herein are intended to provide a density bonus to those properties which are developed in accordance with the provisions.
B.
In order for an applicant to be permitted to develop an "Agricultural Preservation Subdivision," the following minimum farmland preservation requirements shall be met:
1.
At least 75% of the tract acreage (i.e., the acreage of the tract after deducting any right-of-way dedication required for an existing abutting public street) shall be preserved in perpetuity as part of the New Jersey State Farmland Preservation Program regulated by the Monmouth County Agricultural Development Board; and
C.
The number of residential lots permitted to be created within that portion of an "Agricultural Preservation Subdivision" to be developed with single-family detached dwellings shall:
1.
Not exceed 50% of the total number of residential lots that otherwise could be developed on the subject tract of land in accordance with the following "Lot Averaging" provisions:, or
2.
Two lots under the provisions of § 35-803*
3.
The residential lot sizes shall be as follows:
Minimum 1 acre |
Maximum 3 acre [**] |
Average 2 acre [***] |
[*] Minimum lot size is two acres.
[**] Residential lots larger than three acres are permitted, but are considered to be three acres in size for the purpose of the lot averaging calculation.
[***] Only residential lots are to be included in the calculation of lot averaging calculation.
4.
For residential lots less than two acres in size, the minimum required lot depth may be reduced to a minimum of 200 feet and the minimum lot frontage and width each may be reduced to a minimum of 175 feet.
5.
Except for the lot size and lot depth, lot frontage and lot width provisions hereinabove, all other "Area and Yard Requirements" specified in Subsection 35-405D of this chapter for detached dwellings in the "AR" District shall apply to all residential lots, including, but not limited to, the following:
a.
An area equivalent to at least one acre shall be contiguous non "Critical Areas" acreage (see § 35-203 of this chapter for the definition of "Critical Areas"), which shall not include within it any surface stormwater management facility, and which must be appropriately situated for the location and construction of the detached single-family dwelling and its appurtenances, including the septic system and potable water well serving the lot; otherwise the minimum required lot area shall be five acres.
b.
Where a detention or retention basin is part of a residential lot, the area devoted to such stormwater management purposes shall not be included in the calculation of the minimum lot area required for the residential lot.
c.
Notwithstanding any other provision of this chapter to the contrary, where a residential lot abuts Monmouth County Routes 524, 526, 537 or 539, the following minimum "Lot Frontage" and "Front Yard" provisions shall apply:
D.
In order to determine the maximum number of residential lots that otherwise could be developed on the subject tract of land in accordance with the "Lot Averaging" provisions noted and referenced in Subsection 35-608C hereinabove, the applicant shall submit a schematic test subdivision plan for the purpose of demonstrating the number of residential lots which could be created in conformance with the "Lot Averaging" zoning provisions and in conformance with other applicable provisions of this Land Use Regulations chapter, with no "variances" or "waivers" required.
1.
The schematic test subdivision plan must include a delineation of all "critical" acreage on the tract including the following information prepared, signed and sealed by a qualified professional engineer licensed to practice in the State of New Jersey:
2.
Additionally, if deemed necessary by the Planning Board, the applicant may be required to submit other data, also prepared, signed and sealed by a qualified engineer licensed to practice in the State of New Jersey, supporting the probability that a lot or lots shown on the schematic test subdivision plan could be constructed upon, including, for example, soil test borings every five acres and/or other information related to the ability of the proposed lot or lots to support a septic system and potable water well.
3.
The Planning Board shall evaluate the submitted schematic test subdivision for the "Lot Averaging" and shall determine, by a majority vote of the quorum, the total number of residential lots that could be developed on the subject tract utilizing the "Lot Averaging" ordinance provisions.
4.
In its evaluation of the submitted schematic test subdivision for the "Lot Averaging" development, the Planning Board shall not count lots which reasonably can be concluded to be practicably unusable for residential construction because of environmental constraints and, additionally, the Planning Board shall not count lots which would require a "variance" or a "waiver" from the ordinance provisions governing a "Lot Averaging" development.
E.
The actual number of residential lots that will be permitted to be developed within that portion of an "Agricultural Preservation Subdivision" to be developed with single-family detached dwellings shall not exceed 50% of the number of lots determined by the Planning Board in accordance with Subsection 35-608D of this chapter hereinabove to be otherwise developable on the subject tract in accordance with the "Lot Averaging" provisions noted and referenced in Subsection 35-608C hereinabove.
F.
At least 50% of the existing frontage of the subject tract along any existing public street shall be maintained as part of the farmland to be preserved and shall not be part of the land area to be developed with single-family detached dwellings.
G.
A demarcation shall be provided along the border of any residential lot and any farmland to be preserved. The demarcation shall consist either of trees and/or shrubbery and/or a wooden split rail fence as may be approved by the Planning Board as part of the "Agricultural Preservation Subdivision".
H.
An "Agricultural Preservation Subdivision", including the lands to be actually developed with single-family detached dwellings and the lands to be preserved as farmland, shall require preliminary and final major subdivision approval in accordance with the applicable provisions of this Land Use Regulations chapter.
I.
Any preliminary approval granted by the Planning Board for an "Agricultural Preservation Subdivision" shall be conditioned upon the acreage to be preserved being duly accepted and approved into the New Jersey State Farmland Preservation Program by the Monmouth County Agricultural Development Board, the State of New Jersey and any other applicable agency, and no site disturbance of any kind other than farming shall be permitted until and unless the acreage is in the New Jersey State Farmland Preservation Program. In order to provide the intended density bonus on the overall tract of land, it is specifically intended that the acreage to be preserved be permitted to be developed as a fee simple tract of land in accordance with the ordinance provisions governing development within the "AR" zoning district.
J.
At the time of final major subdivision approval, in addition to all other details required for final major subdivisions in Subsection 35-805B of this Land Use Regulations chapter, the following specific requirements also shall be applicable to any "Agricultural Preservation Subdivision" which receives final approval:
1.
All conditions required at the time of preliminary subdivision approval shall be met;
2.
In addition to the "Sales Map" requirement stipulated for final major subdivisions in Subsection 35-805B7e of this chapter, which subsection includes the requirement for a disclosure statement indicating adjacent land uses and a "Right To Farm" statement in accordance with Subsection 35-605 of this chapter, the final plat to be filed with the Monmouth County Clerk specifically shall contain a note that the lands within the "Agricultural Preservation Subdivision" which are to be included in the New Jersey State Farmland Preservation Program have been and will continue to be farmed pursuant to past, current and future agricultural practices; and
3.
At the time the final plat is filed with the Monmouth County Clerk, the applicant shall record a deed with the Monmouth County Clerk which shall include the following:
a.
The resolution of the Planning Board granting final major subdivision approval shall be attached to, and be made part of, the deed as an exhibit thereof; and
b.
The deed shall contain a declaration that the lands within the "Agricultural Preservation Subdivision" which are to be included in the New Jersey State Farmland Preservation Program have been and will continue to be farmed pursuant to past, current and future agricultural practices.
4.
All deeds of the residential lots to be recorded with the Monmouth County Clerk and all subsequent deeds of conveyance and recording of the subject residential lots shall reference and recite the following specific notice of agricultural activity to any subsequent transferee or purchaser of the residential lots within the specific "Agricultural Preservation Subdivision":
A Notice Of Agricultural Activity With Respect To The "Right To Farm"
"The lands within the "Agricultural Preservation Subdivision," approved by Resolution No. _____, dated __________, which are to be included in the New Jersey State Farmland Preservation Program have been and will continue to be farmed pursuant to past, current and future agricultural practices."
§ 35-609 HOUSING REHABILITATION PROGRAM.
[Ord. No. 2001-76 § 1 [81-609]]
A.
Owner Eligibility.
Owners of houses within the Township of Upper Freehold are eligible for the technical and financial assistance made available through the "Housing Rehabilitation Program," provided the following:
1.
The owner must be a "low" or "moderate" income household in accordance with the applicable provisions of the "Substantive Rules" of the New Jersey Council On Affordable Housing (COAH) at N.J.A.C. 5:93-1 et seq. or must agree to rent the house to be rehabilitated to either a "low" or "moderate" income household;
2.
The unit proposed to be rehabilitated must be a housing unit with health and safety code violations that require the repair or replacement of a "major system" as determined in writing by the Township Construction Code Official upon inspection of the unit relative to the prevailing standards of the "BOCA National Existing Structures Code." The term "major system" includes a roof, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems) and/or a load bearing structural system;
3.
The proposed rehabilitation activity shall be limited to the repair or replacement of a "major system" as defined hereinabove, and shall not include luxury improvements, the purchase of appliances or improvements that are strictly cosmetic;
4.
The proposed rehabilitation activity shall be deemed by the Township Construction Code Official, in writing, to be sufficient to remove the applicable existing health and safety code violation(s) and bring the unit up to the standards of the "BOCA National Existing Structures Code"; and
5.
The owner must agree, in writing, to comply with all of the applicable requirements of this section "Housing Rehabilitation Program" provisions.
B.
Conditions.
1.
The rehabilitated housing unit shall be occupied only by a household which is either a "low" or a "moderate" income household at the time of initial occupancy of the unit subsequent to its rehabilitation.
2.
Each rehabilitated housing unit shall, for a period of at least six years from the date of the issuance of a Certificate of Occupancy in the case of an owner-occupied unit, or for a period of at least 10 years in the case of a rental unit, be occupied only by a "low" or "moderate" income household.
3.
Rents of rehabilitated housing units shall be affordable to "low" or "moderate" income households in accordance with the applicable provisions at N.J.A.C. 5:93-7.4 of COAH's "Substantive Rules", and shall specifically include an allowance for utilities in accordance with N.J.A.C. 5:93-7.4(f).
4.
There shall be a recorded deed or declaration of covenants and restrictions applied to the property upon which the rehabilitated housing unit is located running with the land and limiting its subsequent rental or sale within the requirements of Subsections 35-609B2 and 35-609B3 hereinabove.
C.
Administration Of The "Housing Rehabilitation Program".
The Township of Upper Freehold designates (an "administrative entity" to be named by the Township Committee) to administer the "Housing Rehabilitation Program" in accordance with the following:
1.
The administrative entity shall administer the "Housing Rehabilitation Program" including advertising, income qualifying prospective renters, setting rents and annual rental increases, maintaining a waiting list, distributing the grants and/or low interest loans, securing certificates of occupancy, qualifying properties, handling application forms, filing deed restrictions and monitoring reports, and affirmatively marketing the "Affordable Accessory Apartment" program.
2.
The administrative entity shall develop the necessary application and financial statement forms as approved by COAH to be used by an owner of a substandard housing unit applying for a grant or loan for the purpose of rehabilitating the unit.
3.
The administrative entity shall develop a "Rehabilitation Manual" that complies with COAH's "Substantive Rules" and summarizes the administration of the Upper Freehold Township "Housing Rehabilitation Program". The "Rehabilitation Manual" shall include a sample copy of the deed or declaration of covenants and restrictions to be applied to property, and also shall describe the following:
a.
The Housing Rehabilitation Program's staff and its responsibilities;
b.
The procedures for the marketing of the Housing Rehabilitation Program;
c.
Eligible repairs and improvements;
d.
The amount of money available for the rehabilitation;
e.
Financing terms;
f.
Income qualification criteria;
g.
The procedures for filing applications;
h.
The procedures for review and approval of the rehabilitation work, including interim inspections; and
i.
The length of the affordability controls on the rehabilitated unit.
4.
The administrative entity shall maintain a file on each applicant of the Upper Freehold Township "Housing Rehabilitation Program", including the following information:
a.
The name of the applicant;
b.
If the application is not approved, the reasons for the disapproval;
c.
If the application is approved, the following shall be noted:
1)
Proof of income eligibility (Federal tax return);
2)
The initial inspection report of the Township Construction Official;
3)
The bids submitted by interested contractors;
4)
The final contract(s) to do the required work;
5)
Periodic reports as to the progress of the required work;
6)
A copy of the final inspection report of the Township Construction Official; and
7)
A copy of the recorded deed or declaration of covenants and restrictions applied to the subject property.
5.
The administrative entity shall report quarterly to the Upper Freehold Township Committee on the status of the "Housing Rehabilitation Program" in the Township, including the following information:
a.
The number of applications who have filed for participation in the "Housing Rehabilitation Program";
b.
The number of units found to be substandard housing units which are occupied by "low" or "moderate" income households; and
c.
A financial statement for each rehabilitated housing unit and each unit to be rehabilitated, including the amount of money expended or to be expended for actual rehabilitation activities versus administrative costs.
D.
Funding And Phasing Of Funding.
1.
The Township of Upper Freehold shall provide approximately $10,000 per unit for up to the maximum 11 units to be rehabilitated during the course of the "Housing Rehabilitation Program". In accordance with COAH's "Substantive Rules", no more than 20% of the rehabilitation costs may be expended for administrative expenses, and the actual rehabilitation costs shall average at least $8,000 per unit in order to maintain eligibility for rehabilitation credits for COAH for all of the assisted dwelling units.
2.
The Township of Upper Freehold shall provide $30,000 of the total $110,000 to fund the "Housing Rehabilitation Program" within one year of the date it receives "Substantive Certification" from the COAH.
3.
During each subsequent year, for a period of four additional years, the Township of Upper Freehold shall provide $20,000 to fund the "Housing Rehabilitation Program" provided that:
E.
Application Procedures.
1.
Interested owners shall secure information and application packets from the administrative entity via the Township Clerk by visiting the Upper Freehold Township Municipal Building during the Township Clerk's regularly scheduled office hours.
2.
Interested owners shall submit a completed application to the administrative entity via the Township Clerk.
3.
The administrative entity shall review the application for completeness and, once an application is complete, determine whether the owner is eligible in accordance with the criteria set forth in Subsection 35-609A of this section hereinabove.
4.
Upon a determination by the administrative entity that the owner is eligible, the Township Construction Code Official shall inspect the subject unit to determine whether it has the required health and safety code violations that require the repair or replacement of a "major system" as defined in Subsection 35-609A2 of this chapter hereinabove, and whether or not the proposed description and cost of the work needed to improve the unit will meet the parameters of the "Housing Rehabilitation Program". The Construction Code Official's determination shall be submitted in writing to the Housing Authority.
5.
If the Township Construction Code Official determines that the unit is eligible for rehabilitation, but recommends an amended description and cost estimate of the work necessary to rehabilitate the unit, the applicant will be asked to revise the application to satisfactorily address the comments of the Construction Code Official.
6.
When the Township Construction Code Official determines that the unit is eligible for rehabilitation and that the agreed upon work plan to rehabilitate the unit is satisfactory, the Construction Code Official shall notify the administrative entity in writing.
7.
Once the Construction Code Official has notified the administrative entity in writing that the agreed upon work plan to rehabilitate the unit is satisfactory, the administrative entity shall arrange, in consultation with the Upper Freehold Township Committee, for a grant and/or a low interest loan in accordance with Subsection 35-609F of this chapter hereinbelow. The rehabilitation work may begin as soon as the applicant and the appropriate representative of the administrative entity have signed all necessary agreements.
8.
During the course of the completion of the rehabilitation construction, the Township Construction Code Official periodically shall inspect the unit to make certain that the construction is proceeding satisfactorily in accordance with the approved work plan.
9.
After completion of the rehabilitation construction, the Township Construction Code Official shall inspect the unit and, if the rehabilitation construction has been completed satisfactorily, shall certify in writing to the administrative entity that the rehabilitation work has been completed in accordance with the approved work plan.
10.
Should the Township Construction Code Official find upon inspection that the rehabilitation work has not been completed in accordance with the approved work plan, the Construction Code Official shall so notify the administrative entity which will determine a suitable remedy.
F.
Low Interest Loans.
An eligible owner may receive a grant and/or a low interest loan for the rehabilitation.
1.
If a low interest is given to the property owner, the administrative entity shall work with the owner to establish a realistic loan repayment schedule.
2.
If the applicant does not meet the established loan repayment schedule, the administrative entity shall collect the uncollected funds as well as the accumulated interest at the time of the sale of the unit.
G.
Terms Of Low Interest Loans.
The following terms shall apply to low interest loans made for the rehabilitation of an eligible housing unit.
1.
The administrative entity may make a loan to an applicant for all or a part of the total amount of the cost of rehabilitation. Although the loan will be made to the applicant, the proceeds of the loan will be paid to the individual(s) or business(es) who sell the material and/or labor for the project. Owners who contribute "sweat equity" will not receive financial remuneration for their efforts.
2.
The interest rate will be fixed at an annual rate not to exceed 2%.
3.
Payments on the loan principal and interest will be deferred for a ten-year period, since all units are to be rental units.
4.
Payments of the loan principal and the interest due will become payable in full at the end of 10 years, unless the owner elects to continue the affordability controls on the "Affordable Unit" for an appropriate period of time, in which case the loan principal and the interest due will become payable when the affordability controls cease. No interest will be charged after the tenth year if the owner chooses to defer repayment of the loan principal in exchange for extending the affordability controls on the "Affordable Unit".
H.
Priority For Financial Assistance.
In the event that sufficient funds are not available to provide grants and/or low interest loans to every eligible owner, at least 50% of the available assistance shall be awarded to applications that will result in the rehabilitation of housing units occupied by "low" income households.
I.
Rehabilitation Marketing Plan.
The administrative entity shall be responsible to prepare and execute a "Rehabilitation Marketing Plan" which shall, at a minimum, consist of the following:
1.
At least one well publicized public meeting to be held in the Upper Freehold Township Municipal Building to discuss and explain the "Housing Rehabilitation Program";
2.
A large poster highlighting the main features of the "Housing Rehabilitation Program" to be prepared and hung in the Upper Freehold Township Municipal Building at all times;
3.
The issuance of periodic press releases to the Messenger Press and the Asbury Park Press, the official newspapers of Upper Freehold Township, regarding the "Housing Rehabilitation Program" in order to promote interest in the "Housing Rehabilitation Program"; and
4.
Program marketing materials will be prepared by the administrative entity which shall summarize the "Housing Rehabilitation Program". Marketing materials shall be mailed to all residents of the Township of Upper Freehold prior to March 31st of each calendar year included in COAH's "Substantive Certification" of Upper Freehold Township. The marketing materials will discuss all terms, conditions and eligibility criteria, including the following:
a.
The administrative entity and its responsibilities regarding the "Housing Rehabilitation Program";
b.
The eligible repairs and improvements to a substandard housing unit;
c.
The amount of money available for the repairs and improvements;
d.
The financing terms of low interest loans;
e.
The criteria for owner eligibility;
f.
The application procedures;
g.
The procedures for review and approval of the repairs and improvements by the Township Construction Code Official, including periodic inspections of the work in progress; and
h.
The duration of the affordability controls to be contained within the deed or the declaration of covenants and restrictions.
§ 35-610 AFFORDABLE ACCESSORY APARTMENTS.
[Ord. No. 2001-77 § 1 ; 81-610]
A.
Where Permitted.
Notwithstanding any provision of this Land Use Regulations chapter to the contrary, "Affordable Accessory Apartments" shall be permitted in the "AR" District on lots which meet the following requirements:
B.
Definition.
For the purpose of this section, the definition of an "Affordable Accessory Apartment" shall be as follows:
An "Affordable Accessory Apartment" shall be a self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance which is created to be occupied by a "low" or "moderate income household in accordance with the applicable provisions of the "Substantive Rules" of the New Jersey Council On Affordable Housing (COAH) at N.J.A.C. 5:93-1 et seq. The "Affordable Accessory Apartment" may be created within an existing dwelling unit, may be created within an existing structure on the lot or be an addition to an existing home or accessory building.
C.
Conditions.
All "Affordable Accessory Apartments" shall meet the following conditions:
1.
The following yard requirements shall be applicable to an "Affordable Accessory Apartment" which is created within the principal single-family detached dwelling or is within an addition to the principal single-family detached dwelling:
Front Yard | 75 feet, except that the front yard setback shall be 125 feet for any County road |
Rear Yard | 75 feet |
Side Yards | 40 feet each |
2.
If the "Affordable Accessory Apartment" is not created as part of the principal single-family detached dwelling and is created within an accessory structure on the lot, the subject accessory structure must be located in the rear yard area only and the following distance requirements shall apply:
Distance To Side Line | 30 feet |
Distance To Rear Line | 30 feet |
Distance To Other Building | 20 feet |
3.
All "Affordable Accessory Apartments" shall comply with all applicable statutes and regulations of the State of New Jersey in addition to all local building codes.
4.
The "Affordable Accessory Apartment" shall be rented only to a household which is either a "low" or a "moderate" income household at the time of initial occupancy of the unit.
5.
The "Affordable Accessory Apartment" shall, for a period of at least 30 years from the date of the issuance of a Certificate Of Occupancy, be rented only to "low" or "moderate" income households.
6.
Rents of "Affordable Accessory Apartments" shall be affordable to "low" or "moderate" income households in accordance with the applicable provisions at N.J.A.C. 5:93-7.4 of COAH's "Substantive Rules", and shall specifically include an allowance for utilities in accordance with N.J.A.C. 5:93-7.4(f).
7.
No more than 11 "Affordable Accessory Apartments" shall be permitted within the Township of Upper Freehold.
8.
There shall be a recorded deed or declaration of covenants and restrictions applied to the property upon which the "Affordable Accessory Apartment" is located running with the land and limiting its subsequent rental or sale within the requirements of Subsections 35-610C5 and 35-610C6 hereinabove.
9.
Each "Affordable Accessory Apartment" shall have living/sleeping space, cooking facilities, a kitchen sink and complete sanitary facilities for the exclusive use of its occupants. It shall consist of no less than two rooms, one of which shall be a full bathroom.
10.
The "Affordable Accessory Apartment' shall have a separate door with direct access to the outdoors.
11.
The potable water supply and sewage disposal system for the "Affordable Accessory Apartment" shall be adequate as determined by the Upper Freehold Township Board of Health prior to the issuance of any Construction Permit.
12.
The "Affordable Accessory Apartment" program shall be affirmatively marketed to the "East Central Housing Region" consisting of Monmouth, Mercer and Ocean counties in accordance with the "Affirmative Marketing Plan" provisions in Subsection 35-610F of this chapter hereinbelow.
13.
In the case of an "Affordable Accessory Apartment" previously created illegally on the subject property, the owner is entitled to legitimize the accessory apartment as an "Affordable Accessory Apartment" under this chapter, provided that all of the requirements of this chapter and all related COAH criteria shall apply, except that no subsidy need be provided by the Township of Upper Freehold.
D.
Administration Of The "Affordable Accessory Apartment" Program.
The Township Committee of the Township of Upper Freehold shall designate an "administrative entity" to administer the "Affordable Accessory Apartment" program in accordance with the following:
1.
The administrative entity shall administer the "Affordable Accessory Apartment" program including advertising, income qualifying prospective renters, setting rents and annual rental increases, maintaining a waiting list, distributing the subsidy, securing certificates of occupancy, qualifying properties, handling application forms, filing deed restrictions and monitoring reports, and affirmatively marketing the "Affordable Accessory Apartment" program;
2.
The administrative entity shall only deny an application for an accessory apartment if the project is not in conformance with COAH's requirements and/or the provisions of this chapter. All denials shall be in writing with the reasons clearly stated; and
3.
In accordance with COAH requirements, the Township of Upper Freehold shall provide at least $10,000 to subsidize the physical creation of an "Affordable Accessory Apartment" conforming to the requirements of this chapter section and COAH requirements. Prior to the grant of such subsidy, the property owner shall enter into a written agreement with the Township of Upper Freehold insuring that 1) the subsidy shall be used to create the accessory apartment and 2) the apartment shall meet the requirements of this chapter and COAH regulations.
E.
Application Procedures.
Each application for the creation of an "Affordable Accessory Apartment" shall submit the following information to the administrative entity:
1.
A sketch of floor plan(s) showing the location, size and relationship of both the "Affordable Accessory Apartment" and the primary dwelling within the building or in another structure;
2.
Rough elevations showing the modification of any exterior building facade to which changes are proposed; and
3.
A site development sketch showing the location of the existing dwelling and other existing buildings; all property lines; proposed addition if any, along with the minimum building setback lines; the required parking spaces for both dwelling units and any natural or man-made conditions which might affect construction.
F.
Affirmative Marketing Plan.
The administrative entity shall be responsible to prepare and execute an "Affordable Accessory Apartment" marketing plan which shall, at a minimum, consist of the following:
1.
At least one well publicized public meeting to be held in the Upper Freehold Township Municipal Building to discuss and explain the "Affordable Accessory Apartment" program;
2.
A large poster highlighting the main features of the "Affordable Accessory Apartment" program to be prepared and hung in the Upper Freehold Township Municipal Building at all times; and
3.
The issuance of periodic press releases to the Messenger Press and the Asbury Park Press, the official newspapers of Upper Freehold Township, regarding the "Affordable Accessory Apartment" program in order to further inform the public regarding the program.
§ 35-611 FARMLAND/OPEN SPACE CONSERVATION CLUSTERS.
[Ord. No. 117-03 § 6; Ord. No. 120-03 § 2; Ord. No. 188-07 § 1; Ord. No. 206-08 §§ 1 - 3; Ord. No. 261-14 § 3]
A.
Purpose.
The basic purpose of permitting the development of "Farmland/Open Space Conservation Clusters" is to provide and encourage a method of creating single-family residential environments which, at the same time, preserve and safeguard desirable and appropriate agricultural lands, open spaces, steep slopes, flood plains, wetlands, wetland transitional areas and scenic vistas.
B.
Location and Size. "Farmland/Open Space Conservation Clusters" are permitted as optional development alternatives within the "AR" Zoning District.
C.
Maximum Number Of Dwelling Units Permitted.
1.
In order to compute the number of lots permitted to be developed within a "Farmland/Open Space Conservation Cluster", the applicant must submit a "Schematic Test Subdivision Plan" to the Planning Board, indicating the number of lots that could otherwise be developed on the overall tract of land in accordance with the "Land Use Regulations Ordinance" requirements for a conventional subdivision.
2.
Each individual lot in the "Schematic Test Subdivision Plan" must be at least six acres in area, with at least one acre of each lot exhibiting no "Critical Areas" (i.e., freshwater wetlands, 100-year flood plains and slopes 15% and greater,) and with no "variances" or "waivers" required.
3.
The "Schematic Test Subdivision Plan" must include the following information on a plan prepared, signed and sealed by a qualified professional engineer licensed to practice in the State of New Jersey:
a.
Freshwater wetlands and wetlands transitional areas as approved by the New Jersey Department of Environmental Protection (NJDEP) according to a "Letter of Interpretation" issued by the NJDEP;
b.
Topographical slopes 15% and greater in grade;
c.
100-year flood plains and stream corridors;
d.
Proposed detention/retention surface water management areas; and
e.
Additional data, as may be required by the Planning Board, supporting the probability that a lot or lots shown on the "Schematic Test Subdivision Plan" could be constructed upon, including, for example, soil test borings at least every five acres, and other information related to the ability of a proposed lot or lots to support a septic system and, if applicable, a potable water well.
4.
Once the Planning Board determines the number of lots that could be developed in accordance with a conventional subdivision plan from the "Schematic Test Subdivision Plan," the Planning Board shall vote upon and approve by a majority of a quorum of the Board the maximum number "Farmland/Open Space Conservation Cluster."
a.
Regarding a "Farmland/Open Space Conservation Cluster" designed to preserve farmland, an additional "farmstead" house will be permitted to be developed on the deed-restricted farmland.
5.
The final number of residential lots shall then be designed by the applicant in a clustered format on no more than 30% of the overall tract area, with the remaining lands deed restricted in perpetuity as farmland and/or open space.
D.
The "Farmland/Open Space Cluster" Design.
Once the maximum number of lots to be permitted within a "Farmland/Open Space Cluster" has been determined by the Planning Board, the applicant shall submit for review and approval by the Planning Board a "preliminary major subdivision plat" and, at the same time or thereafter, a "final major subdivision plat", each in accordance with the applicable provisions specified within § 35-800 of this "Land Use Regulations Ordinance".
1.
Only single-family detached dwellings and their accessory uses, as noted and permitted in accordance with Subsections 35-405A and B of this chapter, shall be developed on the residential lots within a "Farmland/Open Space Cluster".
2.
Unless specifically approved by the Planning Board, either because there is no practical alternative and/or because the resulting layout will further the stated purposes of these section provisions, no residential lot shall abut any existing public street.
3.
All development of single-family detached dwellings and their accessory uses on residential lots within a "Farmland/Open Space Cluster" development shall meet the following minimum area and yard requirements:
Principal Building Minimum | |
Lot area | 1 acre [1] |
Lot Frontage | 150 feet |
Lot Width | 150 feet |
Lot Depth | 200 feet |
Side Yard (each) | 30 feet |
Front Yard | 50 feet |
Rear Yard | 50 feet |
Accessory Building & Structure Minimum | |
Distance to Side Line | 15 feet |
Distance to Rear Line | 15 feet |
Distance to Other Bldg. | 15 feet |
Maximum Coverage | |
Principal Bldg. Coverage | 10% |
Total Lot Coverage | 18% |
[1] An area equivalent to at least one acre (43,560 square feet) of any residential lot in a "Farmland/Open Space Conservation Cluster" shall be contiguous non- "Critical Areas" acreage (see § 35-203 of this chapter for the definition of "Critical Areas"), which shall meet the following additional criteria: |
[a] In addition to not including any freshwater wetlands, 100-year flood plains and/or topographic slopes 15% or greater, the area shall not include any wetlands transitional buffers or lands used for detention or retention basins; |
[b] The area must be appropriately situated for the location and construction of the detached single-family dwelling and its appurtenances, including customary accessory uses and both the septic system and potable water well serving the lot; and |
[c] The area shall be shaped to permit the inscription of either a circle with a diameter of at least 200 feet within its bounds, or, alternatively, with a rectangle at least 150 feet in width and length and with an area of at least 3/4 of an acre or 32,670 square feet (it is noted that the circle will be approximately 31,416 square feet, which is relatively close to 3/4 acre or 32,670 square feet in area). |
4.
A densely planted buffer at least 25 feet in width shall be required to be planted in a conservation easement area along the frontage of any existing roadway. Moreover, in the case of a "Farmland/Open Space Conservation Cluster" designed to preserve farmland, a densely planted buffer is required between any residential lot and any farmland to be preserved.
5.
Also regarding a "Farmland/Open Space Conservation Cluster" designed to preserve farmland, an additional "farmstead" house is permitted on the deed restricted farmland, and the detention/retention basin(s) serving the clustered residential lots also may be located on the deed restricted farmland.
E.
Farmland/Open Space Preservation Requirements.
1.
At least 70% of the overall tract of land proposed for a "Farmland/Open Space Conservation Cluster" development shall be specifically set aside as preserved farmland or open space.
2.
If the maximum number of allowable lots established for the tract cannot be accommodated without the preservation of the required farmland or open space acreage, then a lesser number of lots shall be proposed by the developer in order to provide the required acreage for farmland or open space preservation.
3.
Should the proposed development consist of a number of development stages, the entirety of the farmland or open space acreage to be preserved shall be provided as a condition to the final approval of the first stage.
4.
If the preserved land is to be open space, the open space to be preserved shall be offered by deed to the Township. All open space not accepted by the Township shall be deed restricted to the use(s) as specifically approved by the Planning Board and shall be owned and maintained by an organization as provided in N.J.S.A. 40:55D-43 of the Municipal Land Use Law.
5.
If the preserved land is to be farmland, in addition to the "Sales Map" requirement stipulated for final major subdivisions in Subsection 35-805B7e of this chapter, which subsection includes the requirement for a disclosure statement indicating adjacent land uses and a "Right to Farm" statement in accordance with Subsection 35-605 of this chapter, the final plat to be filed with the Monmouth County Clerk specifically shall contain a note that the lands within the "Farmland/Open Space Cluster" to be preserved as farmland will continue to be farmed pursuant to past, current and future agricultural practices.
6.
Any preliminary approval granted by the Planning Board for a "Farmland/Open Space Conservation Cluster" shall be conditioned upon the acreage to be preserved being duly deed restricted.
a.
The language of the deed shall be subject to review and approval by the Township Attorney, and the applicant shall record a deed of such restriction with the Monmouth County Clerk as a condition of final approval once it is approved by the Township Attorney.
b.
No site disturbance of any kind shall be permitted for the construction of the clustered residential lots until and unless the deed of restriction for the acreage to be preserved is so recorded.
§ 35-612 (RESERVED) [1]
[1]
Editor's Note: Former § 35-612, Growth Share Uniform Affordable Housing Production Requirements, Ord. No. 147-05 § 1, was repealed 7-11-2019 by Ord. No. 304-19.
§ 35-613 NONCONTINUOUS CLUSTERING.
[Ord. No. 204-08 § 1]
A.
Purpose.
The basic purpose of permitting the development of "Noncontiguous Clustering" is to provide and encourage a method of creating single-family residential environments which, at the same time, preserve the safeguard desirable and appropriate agricultural lands, open spaces, steep slopes, flood plains, wetlands, wetlands transitional areas and scenic vistas.
B.
Objective.
The objective of Noncontiguous Clustering is to allow an individual property owner to transfer the development ability of one parcel to another parcel which that individual owns with the latter parcel remaining in farmland or open space.
C.
Location.
"Noncontiguous Clustering" is permitted as an optional development alternative in the "AR" District.
D.
Requirements.
1.
Eligible parcels are those that are owned by the same individual at the time of perfection of the approval.
2.
The preserved parcel must form a large contiguous pattern of farmland and/or open space in the amount of 150 acres or greater.
3.
The development parcel must submit a "Schematic Test Subdivision Plan" in accordance with § 35-611 as amended less item 5.
4.
The development parcel must adhere to § 35-611D3 and 4.
5.
The maximum number of units on the development parcel is 150 residential units.