[Ord. #6-1989, § 600; Ord. #18-1990, § 2; Ord. No. 2013-06; amended 12-16-2024 by Ord. No. 2024-17]
For the purpose of this chapter, the Borough is divided into the following zones or districts:
R-1
Residential
R-2
Residential
R-3
Residential
R-4
Residential
R-5
Residential
MU-AH-1
Mixed Use Affordable Housing 1
MU-AH-2
Mixed Use Affordable Housing 2
AH-3
Affordable Housing 3
AH-4
Affordable Housing 4
MU-1
Mixed Use 1
MU-2
Mixed Use 2
B-2
Commercial
[Ord. #6-1989, § 601; Ord. #18-1990, § 2; Ord. No. 2013-06; amended 3-23-2023 by Ord. No. 2023-04; 3-23-2023 by Ord. No. 2023-05; 11-20-2023 by Ord. No. 2023-08; 12-18-2023 by Ord. No. 2023-09; 9-16-2024 by Ord. No. 2024-11; 9-16-2024 by Ord. No. 2024-12; 9-16-2024 by Ord. No. 2024-15; 12-16-2024 by Ord. No. 2024-17; 12-16-2024 by Ord. No. 2024-20; 12-16-2024 by Ord. No. 2024-22]
a. 
Adoption of Map. The boundaries of all zone districts are established on the map entitled "Zoning Map of the Borough of Spring Lake Heights," dated October 7, 2024, entitled "2024 Zoning Map Borough of Spring Lake Heights, Monmouth County, New Jersey" and prepared by Leon S. Avakian, Inc., which accompanies and is made part of this chapter.
Editor's Note: The Zoning Map is included as an attachment to this chapter.
b. 
All Zoning Amendments adopted by the Borough of Spring Heights as of December 16, 2024 are incorporated in the newly adopted Zoning Map.
[Ord. #6-1989, § 602; amended 12-16-2024 by Ord. No. 2024-17]
Where uncertainty exists as to any boundary as shown on the Zoning Map, the following rules shall apply:
a. 
Zone boundary lines are intended to follow the center line of streets, streams, railroad rights-of-way, and lot property lines as they exist on plats of record at the time of the passage of this chapter, unless such zone boundary lines are fixed by dimensions as shown on the Zoning Map.
b. 
The location of any disputed zone boundary line shall be determined by the Land Use Board acting as the Zoning Board of Adjustment.
c. 
Where zone boundaries are not fixed by dimensions, and where they approximately follow lot lines, and where they do not scale more than 20 feet distant therefrom, such lot lines shall be construed to be the zone boundary line unless specifically shown otherwise.
d. 
In unsubdivided land and where a zone boundary divides a lot, the location of the zone boundary line shall be determined by the use of the scale appearing thereon, unless the location of the zone boundary line is indicated by dimensions (in feet) shown on the zone map.
e. 
Where a street or public way serves as the zone boundary, and it is lawfully vacated, the former center line shall be considered the zone boundary.
[Ord. #6-1989, § 603; Ord. No. 09-2009 § 1; amended 6-7-2021 by Ord. No. 2021-06; 3-23-2023 by Ord. No. 2023-03; 12-16-2024 by Ord. No. 2024-17]
Any use not specifically permitted or conditionally permitted in a zone shall be considered to be prohibited. Prohibited uses in all zones include, but are not limited to, the following:
a. 
Junk yards.
b. 
Manufacturing, fabrication, assembly or other industrial process.
c. 
Firearm target ranges, skeet or trap shooting ranges or any use, activity or structure which is for the purpose of, or incorporates incidental facilities, for the discharge of firearms for any purpose.
d. 
Campgrounds or any other facility for temporary or transient accommodations other than a dwelling unit which would meet all requirements for a permanent dwelling.
e. 
The raising or keeping of dogs, cats, livestock or other animals on any basis other than as house pets.
f. 
Outdoor storage or display of goods for sale, including the sale of motor vehicles by other than service stations, automotive garages or automobile dealers, subject to the provisions of paragraph h below; goods stored for distribution; or goods in transit.
g. 
Reserved.
h. 
Outdoor storage of more than five motor vehicles for sale by a service station, automotive garage or automotive dealer.
i. 
The outdoor storage of an unoccupied recreational vehicle, motor homes, travel trailer, camper or boat not exceeding sixteen (16) feet in length shall be permitted on single family properties provided that:
1. 
Such storage shall not be located in any front yard.
2. 
Only one such travel trailer, recreational vehicle, camper, motor home or boat not exceeding sixteen (16) feet in length shall be permitted to be stored outdoors at any single family residence.
3. 
Any such vehicles stored in accordance with this section shall not be occupied and shall not be provided with utility connections.
j. 
Storage of Commercial Vehicles, Buses and Omnibuses.
1. 
No commercial motor vehicle, motor drawn vehicle, bus or omnibus having a rated maximum gross vehicle weight (GVW) in excess of 10,000 pounds or having more than two axles, shall be parked or stored overnight on any property in any residential zone or district or on any property which is primarily used for residential purposes, except vehicles engaged in construction, parked or stored on an active construction site and which display a construction vehicle parking permit issued by the Zoning Officer. Applications for such permits shall be made for each such vehicle to be parked or stored and upon a finding that construction has commenced or is imminent, the Zoning Officer shall issue such permits for periods not to exceed 30 days. The permits shall be renewable as needed and shall not require the payment of any fee.
2. 
No more than (1) motor vehicle or motor drawn vehicle with a commercial, bus or omnibus motor vehicle registration, having a rated maximum gross vehicle weight (GVW) of 10,000 pounds or less and which is owned or used by a resident of the premises shall be parked or stored overnight on any property in any residential zone or district or any property which is primarily used for residential purposes except vehicles engaged in construction and which comply with the permit provisions of paragraph j,1 above. Any vehicle permitted to be parked or stored pursuant to this paragraph other than vehicles engaged in construction shall, where conditions permit, be parked in a rear or side yard area, which area is relatively unexposed to neighboring properties. Passenger automobiles for use by residents of the premises with commercial motor vehicle registration shall be exempt from the provisions of this paragraph j, 2.
3. 
For purposes of this paragraph, a commercial vehicle or motor drawn vehicle includes any vehicle containing advertising matter intending to promote the interest of any business, or any vehicle used in connection with the business, whether or not the vehicle is registered as a commercial vehicle with the New Jersey Motor Vehicle Commission.
k. 
Satellite dish antennas.
l. 
Reserved.
m. 
Pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), all cannabis establishments, cannabis distributors or cannabis delivery services are hereby prohibited from operating anywhere in the Borough of Spring Lake Heights, except for the delivery of cannabis items and related supplies by a delivery service.
[Ord. #6-1989, § 604]
Except as specified in Section 22-605, any use, building or structure legally existing at the time of the enactment of this chapter may be continued even though such use, building or structure may not conform to the provisions of this chapter for the district in which it is located.
[Ord. #6-1989, § 605.1; Ord. No. 09-2009 § 2]
Except as otherwise provided in this section, the lawful use of land or buildings existing at the date of the adoption of this chapter may be continued, although such use or building does not conform to the regulations specified by this chapter for the zone district in which such land and building is located.
a. 
No nonconforming lot or building shall be further reduced in size.
b. 
No nonconforming building shall be enlarged, extended or increased, unless such enlargement would reduce the degree of nonconformity.
c. 
No nonconforming use may be expanded.
[Ord. #6-1989, § 605.2]
A nonconforming use shall be adjudged abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner. Such use shall not thereafter be reinstated, and the structure shall not be reoccupied, except in conformance with this chapter.
[Ord. #6-1989, § 605.3]
If any nonconforming building shall be destroyed by reason of windstorm, fire, explosion or other act of God or the public enemy to an extent of more than 60% of the recorded true value as appraised in the records of the tax assessor, then such destruction shall be deemed complete destruction, and the structure may not be rebuilt, restored or repaired except in conformity with this chapter. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any wall, floor, or roof which has been declared unsafe by the Building Official.
[Ord. #6-1989, § 605.4]
No nonconforming use shall, if once changed to a conforming use, be changed back to a nonconforming use.
[Ord. #6-1989, § 605.5; Ord. #6-1989, § 606.1; Ord. #22-2007; Ord. No. 13-2009 § 1; Ord. No. 2014-05; Ord. No. 2015-08; Ord. No. 2017-07 § 8]
Nothing herein contained shall require any change in plans, construction or designated use of a building, for which a building permit has been heretofore issued; provided, however, the construction of which shall have been diligently prosecuted within three months of the date of such permit and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire building be completed according to such plans as filed, within 12 months of the date of this chapter.
[1]
Editor's Note: This chapter was adopted August 14, 1989 by Ordinance No. 6-1989 and became effective pursuant to law.
[Ord. #6-1989, § 605.6]
Whenever the boundary of a zone district shall be changed so as to transfer an area from one district to another district of a different classification, the provisions of this section shall apply to any nonconforming uses or buildings existing therein or created thereby.
[Ord. #6-1989, § 605.7; Ord. #22-2005; Ord. No. 14-2012; amended 12-16-2024 by Ord. No. 2024-17]
a. 
A nonconforming building, or an existing building on a nonconforming lot in a residential zone district, may be altered, repaired, enlarged or extended; provided the use is permitted in the zone district and that the extension does not violate any front, side or rear yard setback requirements or building coverage requirements of the zone district and provided further that any enlargement does not exceed the existing height of the structure.
b. 
An existing nonconforming single family dwelling unit, or an existing single family dwelling unit on a nonconforming lot, located in a flood zone as shown on a current Flood Insurance Rate Map (FIRM) may be elevated or improved in conformance with Chapter 17 Floodplain Management Regulations.
[Ord. #6-1989, §606]
Recognizing the extent and character of existing open space assets within the residential zone districts, it is the intent of these regulations to encourage a comprehensive approach to land development which will result in the preservation of open space in the amount both necessary and appropriate to development types permitted.
[Ord. #6-1989, §606.1; Ord. #22-2007; Ord. No. 13-2009 § 1; Ord. No. 2014-05; Ord. No. 2015-08; Ord. No. 2017-07 § 8; amended 12-16-2024 by Ord. No. 2024-17]
a. 
Permitted Principal Uses (Land and Buildings).
1. 
One-family detached dwellings. The maximum building height for principal structures in all residential zones shall be thirty-two (32) feet, or as listed below, as measured from the top of the curb at the center of the lot. The building height for structures located on corner lots shall be measured from both curbs and the average number shall be utilized. The maximum building and eave height, as listed in the table below for principal structures, may be increased by 5 feet in Flood Insurance Rate Map (FIRM) Flood Zones, in order to achieve a maximum three (3) foot separation of finished floor from the applicable base flood elevation, for structures that are being elevated or newly constructed to meet flood zone construction guidelines. Principal structures in all residential zones shall be limited to two and one-half (2½) stories. Additional requirements relating to building height for principal structures in residential zones is set forth in the table below:
Type of Roof
Maximum Eave Height
(feet)
Maximum Roof Building Height
(feet)
Maximum Stories
Gable/hip
25
32
2 1/2
Flat
25
25
2 1/2
Mansard (Dutch Colonial & Other)
25
32
2 1/2
2. 
Residential Cluster Development of single family detached dwellings or of townhouses in the R-1 zone district only.
3. 
Golf courses as defined by this chapter in an R-1 zone only.
4. 
Municipal facilities and public parks, playgrounds, playfields and walkways deemed necessary and appropriate by the governing body of the Borough.
5. 
Essential services.
6. 
R-5 Residential Townhouse Overlay. Townhouse residential development shall be permitted in the R-5 Zone on the Wyckham Manor Tract, Block 46.02, Lots 1-62, in accordance with the Schedule of Permitted Uses, Yard, Area and Bulk Requirements in Section 22-612. Permitted accessory uses shall include private garage, pool and pool storage building, fences, trash enclosures and off-street parking. Common elements serving the townhouse residential development such as the pool, pool storage building, access drives, off-street parking, trash enclosures and fences shall be permitted on Block 46.02, Lot 63. This shall be considered an Overlay Zone.
[Ord. No. 13-2009 § 1]
7. 
An existing single-family residential dwelling built prior to the adoption of this paragraph 7 (adopted by Ord No. 2017-07: adopted on November 13, 2017) in the R2, R3, R4 and R5 Zones may add a front porch or landing for entrance steps conforming to the following requirements:
(a) 
The distance from the front porch or landing nearest the front property line must be 22 feet or more.
(b) 
The front yard setback of a porch or landing shall not be considered the front yard setback of the principal building.
(c) 
The front entrance landing may have a roof over the landing but no form of enclosure.
(d) 
No porch deck shall be higher than the primary structure entrance threshold and shall be in conformance with the Federal Flood Elevation Standards at the time of construction.
(e) 
In cases where the existing primary structure encroaches into the side yard setback(s), the porch may extend into the side yard setback to same extent as the primary building.
b. 
Permitted Accessory Uses and Buildings.
1. 
Clubhouses and dining facilities, tennis and other racquet sports, swimming pools and shuffleboard courts subordinate to the operation of a golf course in an R-1 zone only.
2. 
Private garage space and other uses customarily incidental and subordinate to residential development, provided that such uses do not house any activity conducted as a business or industry and further provided that any accessory use shall be located on the same lot with the principal use.
3. 
Temporary equipment, uses or structures for uses, shall be permitted during the construction period beginning with the issuance of a Certificate of Occupancy or abandonment of the construction work, or one year, whichever is less, provided that said equipment and structures are situated on the site where construction is taking place. Construction equipment shall not be left on the site during construction for more than 14 consecutive calendar days if not in active use.
4. 
One accessory building per property for use as a storage shed for garden tools and implements, pool equipment shed or changing room for use on the grounds of residential properties as per §22-502.1b.
5. 
Fences and walls.
c. 
Conditional Uses. Other uses permitted upon site plan approval of the Planning Board.
1. 
Quasi-public buildings and recreation areas, conforming to the provisions of subsection 22-607.3.
2. 
Public utility installations, conforming to the provisions of subsection 22-607.5.
3. 
Professional offices as a home occupation only in detached single-family dwellings on lots in the R-4 and R-5 zone districts only and conforming to the residential requirements of this article. Site plan approval shall be required.
d. 
Other Requirements. Area and bulk requirements and off-street parking requirements as specified in Section 22-612 of this chapter.
[Ord. #6-1989, § 606.2; Ord. No. 2017-07 § 10; amended in entirety 9-16-2024 by Ord. No. 2024-12[1]]
a. 
Purpose. The purpose of the MU-1 and MU-2 Zones is to allow for a combination of mixed uses along Route 71 including commercial, retail, and residential uses. The MU-1 Zone includes parcels north of Warren Avenue, and the MU-2 Zone includes parcels south of Warren Avenue.
b. 
Permitted Principal Uses (Land and Building).
1. 
Mixed Use.
(a) 
Retail/commercial on ground level with residential units above; no residence on ground level; townhouse units are permitted in the rear of the mixed-use building. Any mixed-use development requires a mandatory 20% set aside for affordable housing in accordance with the Borough's Affordable Housing Ordinance and all applicable regulatory requirements.
(b) 
Essential services.
(c) 
Municipal facilities, public parking lots, public parks, and walkways deemed necessary and appropriate by the governing body.
2. 
Commercial (Business, Office, Retail).
(a) 
Retail.
(b) 
Convenience store.
(c) 
Personal services.
(d) 
Banks and financial services.
(e) 
Professional offices.
(f) 
Food service.
(g) 
Restaurants.
(h) 
Banquet facilities.
(i) 
Essential services.
(j) 
Municipal facilities, public parking lots, public parks, and walkways deemed necessary and appropriate by the governing body.
c. 
Permitted Accessory Uses.
1. 
Off-street parking and loading facilities.
2. 
Supply and equipment storage.
3. 
Signs, conforming to the provisions of Section 22-610.
4. 
Fences and walls.
d. 
Conditional Uses. Other uses permitted upon site approval of the Planning Board.
1. 
Townhouse attached with individual connecting walls.
2. 
Bed and Breakfast.
3. 
Motor vehicle Fueling and/or Service Stations.
e. 
Area and bulk requirements.
1. 
Minimum Lot Area: 10,000 square feet.
2. 
Minimum Lot Frontage: 100 feet.
3. 
Minimum Lot Width: 100 feet.
4. 
Minimum Lot Depth: 125 feet.
5. 
Minimum Front Yard: 20 feet.
6. 
Minimum Side Yard: 10 feet.
7. 
Minimum Rear Yard: 30 feet.
8. 
Maximum Building Height: 40 feet (3.5 stories).
9. 
Maximum Building Height Accessory Structure: 15 feet.
10. 
Maximum Building Coverage: 40%.
11. 
Maximum Dwelling Unit/Acre: 20.
12. 
Maximum Lot Coverage: 75%.
f. 
Off-street parking and Loading requirements.
1. 
All residential development shall comply with the Residential Site Improvement Standards for all residential development.
2. 
Non-residential parking in accordance with Section 22-611 and Attachment 3 of this chapter, entitled Minimum Off-Street Parking and Loading Requirements.
g. 
Buffers.
1. 
Buffers shall be provided in accordance with Section 22-505.
h. 
Design Criteria. In addition to all other design standards as may be applicable under this chapter, the following design standards shall be applied in the MU-1 and MU-2 Zones:
1. 
Parking lots are prohibited to front on State Highway 71.
2. 
A planting strip, a minimum of five (5') feet wide, is required along State Highway 71 between the curb and the sidewalk.
3. 
All sidewalks shall be five (5') feet wide.
4. 
All approved plantings along State Highway 71 exceeding six (6') feet in height shall be a minimum of ten (10') feet from the curb.
5. 
Shade trees (as per Borough Tree List) shall be required with a minimum of two (2) per lot approximately thirty-five (35') apart as per site plan approval.
6. 
Decorative lamp posts (Grosse Pointe 3173 PB w/305 Base) are required every seventy (70') feet of frontage along State Highway 71 and shall be implemented as per site plan approval.
7. 
Sidewalk benches shall be required (2 per frontage) as per site plan approval.
8. 
All recycling and dumpster areas shall be enclosed on four (4) sides and surrounded by four (4') to six (6') foot evergreen trees (as per Borough Tree List) on three (3) sides.
9. 
Above ground storm water management is prohibited.
10. 
All wiring and utilities shall be underground.
[1]
Editor's Note: Ord. No. 2024-12 repealed and replaced prior § 22-606.2, B-1 Business and Office, with Mixed Use 1 (MU-1) and Mixed Use 2 (MU-2).
[Ord. #6-1989, § 606.3; Ord. #7-2003, § 1; Ord. No. 2017-07 § 11; amended 12-16-2024 by Ord. No. 2024-17]
a. 
Permitted Principal Uses (Land and Buildings).
1. 
Retail sale of consumable products, wearing apparel, pharmaceuticals, hardware, appliances, household goods, confections and general merchandise.
2. 
Banks, fiduciary institutions, business and professional offices and medical centers.
3. 
The sale of personal services such as cleaners, tailors, barbershops and beauty salons, and the repair of appliances and shoes.
4. 
Transportation terminal facilities, including taxi stands, bus passenger stations and similar uses.
5. 
Such municipal facilities deemed necessary and appropriate by the governing body of the Borough.
6. 
Restaurants and bars.
7. 
Motels.
8. 
Banquet facilities.
b. 
Permitted Accessory Uses.
1. 
Off-street parking and loading facilities.
2. 
Signs, conforming to the provisions of Section 22-610 of this chapter.
3. 
Single family dwelling units on the second floor, provided that the dwelling units do not occupy more than 50% of the total building floor area.
4. 
Fences and walls.
c. 
Conditional Uses. Other uses permitted upon site plan approval of the Planning Board.
1. 
Quasi-public buildings and recreation areas, conforming to the provisions of subsection 22-607.3.
2. 
Public utility installations, conforming to the provisions of subsection 22-607.5.
3. 
Motor vehicle service stations.
d. 
Other Requirements. Area and bulk requirements and off-street parking requirements as specified in Section 22-612 of this chapter.
e. 
Design Criteria. In addition to all other design standards as may be applicable under this chapter, the following design standards shall be applied to all properties adjacent to State Highway 71:
1. 
All sidewalks shall be five feet wide with a concrete paver edge.
2. 
Crosswalks shall be concrete pavers with concrete retainer curb.
3. 
Sidewalk benches shall be required (two per frontage):
4. 
Shade trees shall be required (as approved by the Planning Board). Minimum of 35 feet on center.
5. 
Minimum of a five foot wide planting strip required along State Highway 71 between building and sidewalk.
6. 
Parking lots are prohibited to front on State Highway 71.
7. 
Decorative lamp posts shall be implemented in every site plan and are required every 70 feet of frontage along State Highway 71 (Grosse Pointe 3173 BP w/305 Base).
8. 
Above ground storm water management is prohibited.
9. 
All wiring and utilities shall be underground.
10. 
All approved plantings along State Highway 71 exceeding six feet in height shall be a minimum of 10 feet from the curbline.
11. 
All recycling and dumpster areas shall be enclosed on four sides and surrounded by four foot to six foot evergreens on three sides.
[Prior § 22-606.4, Residential Mount Laurel, was repealed 12-16-2024 by Ord. No. 2024-17. History includes Ord. #18-1990, § 3]
[§ Prior § 22-606.5, B-3 Commercial Zone (Business and Retail), was repealed 9-16-2024 by Ord. No. 2024-12. History includes Ord. No. 2013-06 § 6; Ord. No. 2017-02 ]
[Added 10-3-2022 by Ord. No. 2022-16]
a. 
Purpose. The purpose of the Affordable Housing Zone is to provide a realistic opportunity for affordable housing within an inclusionary development. The creation of the Affordable Housing Zone is in furtherance of the Borough's Settlement Agreement of Motzenbecker vs. Borough Spring Lake Heights, Borough Council of Spring Lake Heights and the Borough of Spring Lake Heights Planning Board, Superior Court of New Jersey, Monmouth County, Law Division, Docket No. MON-L-0030-21 (the "Builder's Remedy Action").
The Mixed Use AH-1 Zoning District includes Block 59, Lot 39, consisting of approximately 0.40 acres. The purpose of the MU-AH-1 Zone is to provide a realistic opportunity for affordable housing within an inclusionary development by creating an integrated mixed use zone for a combination of commercial and residential development; to permit the construction of one office or retail space along the frontage of State Highway 71; and permit the construction of five housing units on the remaining undeveloped acres.
Twenty percent, or a single, two-bedroom unit in the development, shall be set-aside for, and shall be, a non-age restricted, two-bedroom, very-low income household earning 30% or less of the regional median income. The Settlement Agreement for the Builder's Remedy Action includes a concept plan that is the basis of this subsection.
b. 
Permitted Principal Uses.
1. 
Mixed-Use buildings that include retail or office space, along the frontage of State Highway 71, and five multi-family housing units. Of the five housing units, one street level, two bedroom unit shall be affordable to a very-low-income household and shall not be age restricted.
c. 
Permitted Accessory Uses. Uses that are customary and incidental to multi-family housing, including, but not limited to:
1. 
Parking.
2. 
Garages.
3. 
Signs.
4. 
Fences.
5. 
Temporary construction trailers.
6. 
Trash enclosures.
7. 
HVAC units.
8. 
Generators.
d. 
Bulk Regulations. The bulk regulations shall be the same as the B-1 Zone as depicted at Attachment 5 of the Borough's Land Development Ordinance (Schedule of Yard, Area and Bulk Requirements) with the following exceptions:
1. 
Minimum Lot Width shall be 95 feet.
2. 
Minimum Lot Area shall be 10,000 square feet.
3. 
Minimum Front Yard shall be 24 feet.
4. 
Minimum Side Yard shall be eight feet.
5. 
Minimum Rear Yard shall be 15 feet.
6. 
Maximum DU/Acre - A maximum of five housing units are permitted.
7. 
Development in this zone shall be exempt from Section 22-503 of the Borough's zoning ordinance (Apartments and Townhouses) as well as any other Borough standard conflicting with the bulk standards established herein.
8. 
Building height shall be the vertical distance measured from the average proposed grade at the perimeter of the building to the midpoint of a non-flat roof, or to the top of a flat roof. Chimneys, antennas, elevator equipment, cupolas, weather vanes, and mechanical and utility equipment may exceed the permitted building height by five feet.
9. 
Parking spaces situated parallel to the side lot line of the property may be a minimum of eight feet in width. No landscaping other than grass shall be required alongside such parallel parking spaces.
10. 
Projections from buildings, such as, but not limited to balconies, patios, chimneys and windows may extend into the building set-back provided they shall be set-back a minimum of 22 feet from the front yard property line and five feet on the side yard property line.
e. 
Parking and Loading.
1. 
Retail and office uses. Pursuant to Section 22-611 of the land development ordinance, no loading spaces shall be required for retail and office uses.
2. 
Residential uses. The residential site improvement standards shall apply, subject to the granting of reasonable de minimus exceptions.
f. 
Off Street Parking. Off street parking shall be set back a minimum of 22 feet from the front lot line, three feet from the site lot line and 30 feet from the rear lot line.
g. 
Fencing. Notwithstanding the set-back requirements for other accessory uses, fencing is permitted along the rear yard or side yard property line. Such fencing may be up to six feet in height and be of solid construction.
h. 
Trash Enclosure. Trash enclosure shall be masonry block and shall not be located closer than 15 feet from the rear lot line nor closer than 36 feet from the side lot line.
i. 
Driveway Aisle. Driveway aisle width shall be a minimum of 22 feet.
j. 
Landscaping. Landscaping along the southern property line shall be pervious material and shall not require planting.
k. 
Signage.
1. 
One monument sign with a maximum area of 40 square feet may be provided along the lot frontage if set-back five feet from the Route 71 street line as of January 1, 2022. The monument sign may provide information regarding the residential and non-residential uses in the building.
2. 
Numbers indicating the addresses of the multi-family residential buildings are permitted to be mounted on the building facade, not to exceed eight square feet and not to protrude more than six inches from the building's surface.
3. 
One tenant sign attached to the building consistent with Section 22-610.7f of the Borough zoning ordinances.
l. 
Deviations from Concept Plan. Development in the Affordable Housing Zone shall generally conform to the Concept Plan, dated (submission date) January 18, 2022. However, it is the intent that the applicant can make reasonable refinements to the Concept Plan and that the Board shall approve those refinements even if such refinements require variance relief.
m. 
Affordable Housing.
1. 
One, single, non-age-restricted, two-bedroom affordable housing unit on the street level, or 20% of the five residential units, shall be affordable to eligible very-low-income households, as defined as those households earning 30% or less of the regional median income, pursuant to N.J.S.A. 52:27D-329.1.
2. 
Pursuant to the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1, et seq. ("UHAC"), the affordable unit shall be subject to affordability controls of at least 30 years from the date of initial occupancy and affordable deed restrictions as provided for by UHAC, with the sole exception that very-low income shall be defined as at or below thirty 30% of median income pursuant to the Fair Housing Act, and the affordability controls shall remain unless and until the Borough, in its sole discretion, takes action to extend or release the unit from such controls after at least 30 years. If the Borough acts to release the unit from such controls, affordability controls shall remain in effect until the date on which a rental unit shall become vacant due the voluntary departure of the occupant household in accordance with N.J.A.C. 5:80-26.11(b).
3. 
The affordable unit shall comply with the UHAC regulations with regards to the pricing of rents or sale prices associated with very-low income households at 30% or less of median income, pursuant to N.J.S.A. 52:27D-329.1.
4. 
Construction of the affordable unit shall be phased in accordance with N.J.A.C. 5:93-5.6(d). The affordable unit shall be deed restricted prior to issuance of the certificates of occupancy, and a copy of the deed restrictions shall be provided to Fair Share Housing Center (510 Park Boulevard, Cherry Hill, New Jersey 08002) upon recording.
5. 
The affordable unit shall utilize the same heating sources as the market unit within the inclusionary development.
6. 
With regard to ADA compliance, the very-low income housing provided as townhouses or multistory dwelling units shall comply with N.J.A.C. 5:97-3.14.
7. 
The developer shall contract with an experienced administrative agent in compliance with N.J.A.C. 5:80-26.14.
8. 
The affordable unit shall be affirmatively marketed in accordance with the UHAC, pursuant to N.J.A.C. 5:80-26.15, and applicable law by an experienced administrative agent. The affirmative marketing shall include posting of the affordable unit in the New Jersey Housing Resource Center website in accordance with applicable law as well as written notice to the following community and regional organizations: Fair Share Housing Center (510 Park Boulevard, Cherry Hill, NJ 08002); the New Jersey State Conference of the NAACP; the Latino Action Network (P.O. Box 943, Freehold, NJ 07728); STEPS, OCEAN, Inc.; the Greater Red Bank, Asbury Park/Neptune, Bayshore, Greater Freehold, Greater Long Branch, and the Trenton branches of the NAACP; and the Supportive Housing Association.
Conflicting Standards and Exemptions. The standards set forth in the Affordable Housing Zone shall supersede any conflicting standards elsewhere in the Land Development Ordinance. It is recognized that the subject properties are relatively flat; and therefore, any Borough land regulation related to slope shall not apply to the Affordable Housing Zone. No municipal standard regulating tree removal or tree replacement shall apply in the Affordable Housing Zone.
[Added 11-20-2023 by Ord. No. 2023-08]
a. 
The purpose of the Affordable Housing AH-2 Zone ("AH-2 Zone") is to provide for the development of an inclusionary development designed to assist the Borough in satisfying its combined Prior Round and Round 3 (1999-2025) Realistic Development Potential ("RDP") affordable housing obligation through construction of affordable units set aside for low and moderate income households. The AH-2 Zone shall comprise the following tax lots: Lots 5 & 7, Block 46.01 and the zoning map shall be amended accordingly. This subsection is adopted in furtherance of the Settlement Agreement entered into between the Borough and Lombardi Residential, LLC (hereinafter the "Lombardi Settlement Agreement"), and in connection with the Borough's Mount Laurel litigation captioned at MON-L-1916-21.
b. 
Permitted Principal Uses.
1. 
Inclusionary residential development with a twenty percent (20%) set aside for low and moderate income housing. A maximum of sixteen (16) residential units are permitted.
2. 
Townhomes, provided that no more than five (5) units be attached in one building, with a maximum of thirteen (13) units.
3. 
Mixed use building, with a minimum nonresidential floor area of one thousand (1,000) square feet on the ground floor. Commercial, retail, and uses permitted in the B-3 Zone. Residential apartment units are permitted on, and above the first floor with a maximum of three (3) units.
4. 
Multiple principal uses are permitted in accordance with this subsection.
c. 
Permitted Accessory Uses.
1. 
Off-street parking facilities.
2. 
Other uses that are customarily incidental to a permitted principal use.
3. 
Fences and walls erected, maintained or planted no greater than six (6) feet above ground level within a side or rear yard, and no greater than four (4) feet within a front yard.
4. 
Decks, porches, balconies and patios.
5. 
Bike racks.
6. 
Solid waste and recycling area, setback at least fifteen (15) feet from any rear yard or side yard. Parking area setback at least five (5) feet from any property line.
7. 
Site lighting. The arrangement of exterior lighting shall adequately illuminate parking areas and prevent glare to adjoining residential areas.
8. 
HVAC units and generators.
d. 
Prohibited Uses.
1. 
Parking or storage of boats, boat trailers, motor homes, and recreational vehicles.
e. 
Bulk, Area and Building requirements (overall tract and townhouse development).
1. 
Minimum lot size: fifty thousand (50,000) square feet.
2. 
Minimum lot frontage: one hundred fifty (150) feet.
3. 
Minimum lot depth: two hundred (200) feet.
4. 
Minimum setbacks to building:
(a) 
Minimum front yard setback: twenty (20) feet.[1]
[1]
Front yard setback is calculated before any dedication that may be required for road widening.
(b) 
Minimum one side yard setback: ten (10) feet.
(c) 
Minimum both side yard setback: twenty (20) feet.
(d) 
Minimum rear yard setback: twenty (20) feet.
5. 
Maximum building height: thirty-eight (38) feet/three and five-tenths (3.5) stories.[2]
[2]
Building height shall mean the vertical distance from the average finished grade measured at the structure's foundation to the midpoint for pitched roofs and to the top of the flat surface for flat roofs. Parapets, chimneys, antennas, cupolas, elevator equipment, weathervanes and mechanical and utility equipment may exceed the permitted building height by five (5) feet.
6. 
Maximum building coverage: forty percent (40%).
7. 
Maximum lot coverage: seventy-five percent (75%).
8. 
Minimum parking setback from side lot line: ten (10) feet.
9. 
Minimum parking setback rear from lot line: forty (40) feet.
10. 
Minimum drive aisle setback from a side lot line: five (5) feet.
f. 
Bulk, Area and Building Requirements (mixed use).
1. 
Minimum lot size: five thousand (5,000) square feet.
2. 
Minimum lot frontage: forty (40) feet.
3. 
Minimum lot depth: forty (40) feet.
4. 
Minimum setbacks to building:
(a) 
Minimum front yard setback: twenty (20) feet.[3]
[3]
Front yard setback is calculated before any dedication that may be required for road widening.
(b) 
Minimum one side yard setback: seven and five-tenths (7.5) feet.
(c) 
Minimum both side yard setback: fifteen (15) feet.
5. 
Minimum rear yard setback: twenty (20) feet.
6. 
Maximum building height: thirty-eight (38) feet/three and five-tenths (3.5) stories.[4]
[4]
Building height shall mean the vertical distance from the average finished grade measured at the structure's foundation to the midpoint for pitched roofs and to the top of the flat surface for flat roofs. Parapets, chimneys, antennas, cupolas, elevator equipment, weathervanes and mechanical and utility equipment may exceed the permitted building height by five feet.
7. 
Maximum building coverage: sixty percent (60%).
8. 
Maximum lot coverage: eighty-five percent (85%).
g. 
Site Access, Off-Street Parking, and Loading Requirements.
1. 
One site access driveway shall be provided with a minimum width of twenty (20) feet.
2. 
Number of spaces, and parking space dimensions, as required by New Jersey Residential Site improvement Standards at N.J.A.C. 5:21-1.1 et seq. (RSIS) shall apply, notwithstanding any standards to the contrary in the zoning ordinance.
3. 
Commercial and retail uses per the parking requirements of this chapter. Space dimensions in accordance with RSIS.
4. 
No loading space is required.
h. 
Signs.
1. 
One (1) monument sign with a maximum sign area of forty (40) square feet is permitted along the lot frontage subject to a ten (10) foot setback from Route 71 prior to any dedication that may be required. The sign may be back-lit or use ground lighting or a combination of both.
2. 
Wall mounted, non-illuminated address sign is permitted with a maximum sign area of five (5) square feet.
3. 
One (1) wall mounted tenant sign consistent with subsection 22-610.7b of this chapter.
i. 
Design Standards. Building should have a unified theme, displayed through the application of common building materials.
j. 
Miscellaneous.
1. 
Projections from buildings, such as, but not limited to, balconies, patios, chimneys, and windows may extend into the building setback provided such encroachment is limited to twenty-four (24) inches and in the case of patios no more than five (5) feet.
2. 
Development in the AH-2 Zone is exempt from Section 22-503 through Section 22-505, of this chapter as well as any other Borough standard conflicting with the standards established herein.
3. 
A five (5) foot planted buffer around the perimeter of the overall tract side and rear yard is required starting at seventy-five (75) feet from the front property line. The planted buffer shall not be required in stormwater features provided a fence is constructed.
4. 
No municipal standards regulating tree removal or tree replacement shall apply.
5. 
In the event the calculated affordable housing obligation results in a fractional number the developer shall be permitted to make a payment in lieu derived from the calculation for payments in N.J.A.C. 5:97-6.4(c) for COAH Region 4, payable to the Borough's Affordable Housing Trust Fund.
k. 
Relationship between the overall tract and subdivided parcels. This zone has been adopted to include one overall tract. A developer shall be permitted to further subdivide the overall tract to create fee simple townhouse lots and a mixed-use lot without any variance relief from the bulk standards, including but not limited to, building, parking, and drive aisle setbacks.
1. 
Affordable Housing.
(a) 
The affordable units shall be non-age restricted rental units.
(b) 
One (1) one-bedroom affordable housing unit shall be affordable to eligible very-low- income households, as defined as those households earning thirty percent (30%) or less of the regional median income, pursuant to N.J.S.A. 52:27D-329.1. One (1) two-bedroom affordable housing unit shall be affordable to eligible moderate income households earning sixty percent (60%) or less of the regional medial income. One (1) three-bedroom affordable housing unit shall be affordable to eligible low-income households earning fifty percent (50%) or less of the regional medial income.
(c) 
Pursuant to the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1, et seq. ("UHAC"), the affordable unit shall be subject to affordability controls of at least thirty (30) years from the date of initial occupancy and affordable deed restrictions as provided for by UHAC, with the sole exception that very low income shall be defined as at or below thirty percent (30%) of median income pursuant to the Fair Housing Act, and the affordability controls shall remain unless and until the Borough, in its sole discretion, takes action release the unit from such controls after at least thirty (30) years. If the Borough acts to release the unit from such controls, affordability controls shall remain in effect until the date on which a rental unit shall become vacant due the voluntary departure of the occupant household in accordance with N.J.A.C. 5:80-26.11(b). The deed restrictions shall state the bedroom size and income level for each affordable unit.
(d) 
The affordable units shall comply with the UHAC regulations with regards to the pricing of rents.
(e) 
Certificates of occupancy for the market rate units and the affordable units shall be phased in accordance with N.J.A.C. 5:93-5.6(d). The affordable units shall be deed restricted prior to issuance of the certificates of occupancy, and a copy of the deed restrictions shall be provided to Fair Share Housing Center (510 Park Boulevard, Cherry Hill, New Jersey 08002) upon recording.
(f) 
The developer shall contract with an experienced administrative agent in compliance with N.J.A.C. 5:80-26.14 and applicable law.
(g) 
The affordable unit shall be affirmatively marketed in accordance with the UHAC, pursuant to N.J.A.C. 5:80-26.15, and applicable law by an experienced administrative agent. The affirmative marketing shall include posting of the affordable unit in the New Jersey Housing Resource Center website in accordance with applicable law as well as written notice to the following community and regional organizations: Fair Share Housing Center, Inc. (510 Park Boulevard, Cherry Hill, NJ 08002); the New Jersey State Conference of the NAACP; the Latino Action Network (P.O. Box 943, Freehold, NJ 07728); STEPS, OCEAN, Inc.; the Greater Red Bank, Asbury Park/Neptune, Bayshore, Greater Freehold, Greater Long Branch, and the Trenton branches of the NAACP; and the Supportive Housing Association at least ninety (90) days before any lottery to select applicants.
[Added 9-16-2024 by Ord. No. 2024-11]
a. 
The purpose of the Affordable Housing AH-3 Zone ("AH-3 Zone") is to provide for the development of an inclusionary development designed to assist the Borough in satisfying its combined Prior Round and Round 3 (1999-2025) Realistic Development Potential ("RDP") affordable housing obligation through construction of affordable units set aside for low- and moderate-income households. The AH-3 Zone shall comprise the following tax lots: Lots 2 (Parcel B), 3 & 4 (Parcel A), Block 46.01 and the zoning map shall be amended accordingly. This Ordinance is adopted in furtherance of the Settlement Agreement entered into by and between the Borough and Fair Share Housing Center (hereinafter the "Settlement Agreement") in connection with the Borough's Mount Laurel litigation captioned at MON-L-1916-21.
b. 
Permitted Principal Uses.
1. 
Residential development with seven (7) low- and moderate-income housing units on Parcel B and forty (40) unrestricted market units on Parcel A maximum of forty-seven (47) residential units are permitted.
2. 
Mixed use residential building with a minimum nonresidential floor area of 600 square feet on the ground floor, located on Parcel A. Commercial and retail uses shall be those permitted in the B-3 Zone.
c. 
Permitted Accessory Uses.
1. 
Off-street parking and loading facilities.
2. 
Other uses that are customarily incidental to a permitted principal use.
3. 
Fences and walls erected, maintained or planted no greater than six (6) feet above ground level within a side or rear yard, and no greater than four (4) feet within a front yard and fifty (50%) open.
4. 
Decks, porches, balconies, and patios.
5. 
Community amenities may include dog runs, community gardens, recreation areas, sitting areas (pergolas) and fire pits.
6. 
Bike racks.
7. 
Electrical Vehicle Charging Stations.
8. 
Solid waste and recycling area, setback at least fifteen (15) feet from any rear or side yard.
9. 
Site Lighting. The arrangement of exterior lighting shall adequately illuminate parking areas and prevent glare to adjoining residential areas.
10. 
Utilities, including HVAC units, transformers, emergency generators and water boxes/vaults.
11. 
Signs, conforming to the provisions of Section 22-610.
12. 
Temporary construction and/or sales trailers.
d. 
Overall Tract: Bulk, Area and Building requirements:
1. 
Minimum Lot Area: 80,000 square feet.
2. 
Minimum Lot Frontage: 275 feet.
3. 
Minimum Lot Width: 275 feet.
4. 
Minimum Lot Depth: 140 feet.
5. 
Maximum Lot Coverage: 75%.
6. 
Maximum Building Coverage: 50%.
e. 
Parcel A: Bulk, Area, and Building requirements:
1. 
Minimum Lot Area: 50,000 square feet.
2. 
Minimum Lot Frontage: 150 feet.
3. 
Minimum Lot Width[1]: 140 feet.
[1]
Lot width shall mean the distance between side lot lines measured parallel with the street line at the minimum building setback from the street.
4. 
Minimum Lot Depth[2]: 350 feet.
[2]
Lot depth shall mean the shortest perpendicular distance between the front lot line and a line drawn parallel (or concentric) to the front line through the midpoint of the rear lot line.
5. 
Minimum setbacks to principal building.
(a) 
Minimum front yard setback: 20 feet.
(b) 
Minimum one side yard setback: 10 feet.
(c) 
Minimum both side yard setback: 20 feet.
(d) 
Minimum rear yard setback: 50 feet.
6. 
Maximum Building Height[3]: 40 feet (3.5 stories).
[3]
Building height shall mean the vertical distance from the average finished grade measured at the structure's foundation to the midpoint for pitched roofs and to the top of the flat surface for flat roofs. Parapets, chimneys, antennas, cupolas, elevator equipment, weathervanes and mechanical and utility equipment may exceed the permitted building height by five (5) feet. To qualify as a "half story", the occupied area cannot exceed 75% of the area of the floorplate below. For a sloped roof, the half story may not alter the slope of the roof and may only intrude to a maximum of 33% of the linear length of a building side with dormers or skylights. For a flat roof, the half story must set back from the lower story by at least five (5) feet, creating a stepped or "wedding cake" effect.
7. 
Maximum Building Coverage: 50%.
8. 
Maximum Lot Coverage: 75%.
9. 
Minimum setbacks to parking.
(a) 
Minimum front yard setback: 3 feet.
(b) 
Minimum one side yard setback (adjoining residential use): 10 feet.
(c) 
Minimum both side yard setback: 15 feet.
(d) 
Minimum rear yard setback: 20 feet.
10. 
The buffer for Parcel A having 20-foot rear yard setback from the property line shall be planted on a berm and will include a fence along the property line.
f. 
Parcel B: Bulk, Area and Building requirements.
1. 
Minimum Lot Area: 14,000 square feet.
2. 
Minimum Lot Frontage: 100 feet.
3. 
Minimum Lot Width: 100 feet.
4. 
Minimum Lot Depth: 125 feet.
5. 
Minimum setbacks to principal buildings (existing building or extension thereto, new construction consistent with Parcel A standards).
(a) 
Minimum front yard setback: 15 feet.
(b) 
Minimum side yard setback: 5 feet.
(c) 
Minimum rear yard setback: 4 feet.
6. 
Maximum Building Height: 40 feet (3.5 stories).
7. 
Maximum Building Coverage: 50%.
8. 
Maximum Lot Coverage: 75%.
9. 
Minimum setbacks to parking.
(a) 
Minimum front yard setback: 3 feet.
(b) 
Minimum side yard setback: 5 feet.
(c) 
Minimum rear yard setback: 20 feet.
g. 
Site Access, Off-Street Parking and Loading Requirements.
1. 
Each parcel shall have independent access to State Highway Route 71 with cross-access established by an easement between the parcels.
2. 
Number of spaces, and parking space dimensions, as required by New Jersey Residential Site Improvement Standards at N.J.A.C. 5:21-1.1 et seq. (RSIS) shall apply to all the residential units on-site, notwithstanding the presence of commercial uses.
3. 
The quantity of parking for commercial and retail uses per the parking requirements of the ordinances.
4. 
If necessary, Parcel A shall provide a parking easement for Parcel B. No loading space is required for any commercial or retail development.
h. 
Signs.
1. 
One (1) monument sign with a maximum sign area of 40 square feet is permitted along the lot frontage subject to a ten (10) foot setback from the property line. The sign may be back-lit or use ground lighting or a combination of both.
2. 
Wall or canopy mounted, illuminated address sign is permitted with a maximum sign area of five (5) square feet.
i. 
Miscellaneous.
1. 
Projections from buildings, such as but not limited to, balconies, patios, chimneys, terraces, and windows may extend into the building setback provided such encroachment is limited to 24".
2. 
Patios shall be setback no less than eight (8) feet from the side lot line. No patios shall be permitted in the front yard.
3. 
Development of the AH-3 Zone is exempt from any other Borough standard conflicting with the standards established herein.
4. 
No municipal standards regulating tree removal or tree replacement shall apply.
j. 
Affordable Housing.
1. 
The affordable units shall be non-age restricted rental units.
2. 
There shall be one (1) 1-bedroom affordable housing unit; four (4) 2-bedroom affordable housing units; and two (2) 3-bedroom affordable housing units and the affordable housing units shall meet the very-low-, low-, and moderate-income household split required by the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et. seq. ("UHAC").
3. 
Pursuant to UHAC, the affordable units shall be subject to affordability controls of at least thirty (30) years from the date of initial occupancy and affordable deed restrictions as provided for by UHAC, with the sole exception that very low income shall be defined as at or below thirty percent (30%) of median income pursuant to the Fair Housing Act, and the affordability controls shall remain unless and until the Borough, in its sole discretion, takes action to release the unit from such controls after at least thirty (30) years. If the Borough acts to release the unit from such controls, affordability controls shall remain in effect until the date on which a rental unit shall become vacant due the voluntary departure of the occupant household in accordance with N.J.A.C. 5:80-26.11(b). The deed restrictions shall state the bedroom size and income level for each affordable unit.
4. 
The affordable units shall comply with the UHAC regulations with regards to the pricing of rents.
5. 
Certificates of occupancy for the market rate units and the affordable units shall be phased in accordance with N.J.A.C. 5:93-5.6(d). The affordable units shall be deed restricted prior to issuance of the certificates of occupancy, and a copy of the deed restrictions shall be provided to Fair Share Housing Center (510 Park Boulevard, Cherry Hill, New Jersey 08002) upon recording.
6. 
The developer shall contract with an experienced administrative agent in compliance with N.J.A.C. 5:80-26.14 and applicable law.
7. 
The affordable unit shall be affirmatively marketed in accordance with the UHAC, pursuant to N.J.A.C. 5:80-26.15, and applicable law by an experienced administrative agent. The affirmative marketing shall include posting of the affordable unit in the New Jersey Housing Resource Center website in accordance with applicable law as well as written notice to the following community and regional organizations: Fair Share Housing Center, Inc. (510 Park Boulevard, Cherry Hill, NJ 08002); the New Jersey State Conference of the NAACP; the Latino Action Network (P.O. Box 943, Freehold, NJ 07728); STEPS, OCEAN, Inc.; the Greater Red Bank, Asbury Park/Neptune, Bayshore, Greater Freehold, Greater Long Branch, and the Trenton branches of the NAACP; and the Supportive Housing Association at least ninety (90) days before any lottery to select applicants.
[Added 9-16-2024 by Ord. No. 2024-15]
a. 
The purpose of the Affordable Housing- 4 Zone (AH-4) is to provide for the development of an inclusionary development designed to assist the Borough in satisfying it's combined Prior Round and Round 3 Realistic Development Potential affordable housing obligation through the construction of affordable units set aside for low- and moderate-income households. The AH-4 zone shall comprise of the following tax lots: Lots 21.03 and 21.04, Block: 59 and the zoning map shall be amended accordingly. This subsection is adopted in furtherance of the settlement agreement entered into between the Borough and Pitney Commons, LLC, and in connection with the Borough's Mount Laurel litigation.
b. 
Permitted principal uses.
1. 
Inclusionary residential development with the 20 percent set aside for low- and moderate-income housing. A maximum of eighteen (18) units per acre but not more than fifteen (15) units total, four (4) of which must be classified as affordable units set aside for very-low-, low-, and moderate-income households and subject to all rules and regulations for such units.
(a) 
Attached dwelling units, provided that no more than two (2) units are attached in one building.
(b) 
Apartments, limited to one (1) building, with a maximum of four units. A basement area, consisting of a maintenance, mechanical, laundry, and property management office shall be permitted.
(c) 
Detached three-bedroom single dwelling unit building, limited to one (1) building.
c. 
Permitted accessory uses.
1. 
Off-street parking facilities.
(a) 
Parking facilities that shall comply with the following requirements.
(1) 
Minimum side yard setback = 1.5 feet.
(2) 
Minimum side yard drive aisle setback = 4 feet.
(3) 
Minimum drive aisle width = 20 feet.
(4) 
Drive aisle shall only permit one way function.
2. 
Other uses that are customarily incidental to a permitted principal use.
3. 
Fences erected, maintained or planted no greater than six (6) feet above grade level within any yard. Chain link, barbed wire, sharp pointed fences, canvas, cloth, and electrically charged fences are prohibited.
4. 
Solid waste and recycling areas must be provided for each unit in each single or attached unit building and one area must be provided for the apartment building. The area must be located in the side or rear of each unit/building and must be located at least five (5) feet from any side or rear property line or any adjacent building. The area shall not be located in any front yard or building frontage nor adjacent to any driveway.
5. 
Site lighting. The arrangement of exterior lighting shall adequately illuminate parking areas and prevent glare to adjoining residential areas.
(a) 
Parking area lighting poles shall be limited to twenty (20) feet in height.
(b) 
All lighting shall provide shielding to prevent glare.
6. 
HVAC units and generators shall only be permitted in the following locations:
(a) 
On roof tops with a setback of five (5) feet from any parapet wall. The equipment may exceed the maximum permitted building height by five (5) feet, and all equipment must be properly screened from street view.
(b) 
In a side or rear yard of each unit or building with a setback of five (5) feet from any adjacent building. The units may be at grade or mounted to the building.
7. 
Electric Vehicle (EV) parking. EV parking shall comply with the regulations outlined in P.L. 1975, c291 (C.40:55D-66.20.3.a.1).
d. 
Prohibit uses.
1. 
Parking or storage of boats, boat trailers, motorhomes, and recreational vehicles.
e. 
All, area and building requirements.
1. 
Minimum lot size = 38,000 square feet.
2. 
Minimum lot width = 50 feet.
3. 
Minimum lot frontage = 50 feet.
4. 
Minimum lot depth = 150 feet.
5. 
Minimum setbacks for principal buildings.
(a) 
Minimum front yard setback = 30 feet (Church Street).
(b) 
Minimum front yard setback = 15 feet (Pitney Drive).
(c) 
Minimum rear yard setback = 5 feet.
(d) 
Minimum side yard setback = 5 feet.
(e) 
Minimum of separation between buildings = 10 feet.
(f) 
Maximum roof height = 40 feet.
(g) 
Maximum number of stories = 3 stories.
(h) 
Maximum building coverage = 30%.
(i) 
Maximum lot coverage = 80%.
6. 
Each attached and single unit building must provide one (1) garage space per unit. Parking for all apartment units shall be provided on-site but will not require garage spaces.
7. 
Access steps and landing for the apartment building may encroach up to five (5) feet into any required side yard.
f. 
Site access and off-street parking.
1. 
A one-way site access driveway shall be provided with a minimum width of 20 feet.
2. 
Number of spaces and parking space dimensions shall comply with the New Jersey Residential Site Improvement Standards, NJAC 5:21-1.1 et seq. (RSIS).
g. 
Signs.
1. 
One monument sign with a maximum sign area of 40 square feet is permitted along each lot frontage subject to a 10-foot setback from any right of way.
2. 
Each sign may be externally lit with goose neck lighting, ground mounted lighting or backlit letters. Interior illuminated letters or internally illuminated signage shall not be permitted.
3. 
Monument signs shall be made of stone or some other attractive material similar to the architectural design of the principal buildings.
4. 
Monument sign bases shall be appropriately landscaped.
5. 
Pole signs are prohibited.
6. 
Directional signs and pavement markings designed and used to control or divert the flow of traffic upon or within the lot shall be permitted.
7. 
Posted "warning", "no trespassing" and "danger" signs not exceeding two square feet are permitted, and no sign permit shall be required.
h. 
Affordable housing.
1. 
The affordable units shall not be age restricted units.
2. 
The bedroom distribution and income distribution of the units available to low- and moderate-income households shall be in compliance with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-1 et. seq., except that 13% of the low-income units shall be available to very-low-income households which are at 30 percent of the medium income of the applicable region.
3. 
Pursuant to the Uniform Housing Affordability Controls, NJAC 5:80-26.1, et seq. (UHAC), the affordable units shall be subject to affordability controls of at least 30 years from the date of initial occupancy and affordable deed restrictions as provided by UHAC, with the sole exception that very low income shall be defined as at or below 30% of median income pursuant to the Fair Housing Act, and the affordability control shall remain unless and until the Borough, at its sole discretion, takes action to release the units from such controls after at least 30 years. If the Borough acts to release the units from such controls, affordability control shall remain in effect until the date on which the rental unit shall become vacant due to voluntary departure of the occupant household in accordance with NJAC 5:80-26.11(b). The deed restriction shall state the minimum bedroom size and income level for each affordable unit.
4. 
The affordable units shall comply with the UHAC regulations with regards to pricing of rents.
5. 
Certificates of Occupancy for the market rate units and the affordable units shall be phased in accordance with NJAC 5:93-5.6.(d). the affordable units shall be deed restricted prior to the issuances of the certificates of occupancy, and a copy of the deed restrictions shall be provided to the Fair Share Housing Center upon recording.
6. 
The developer shall contract with an experienced administrative agent in compliance with NJAC 5:80-26.14 and applicable law.
7. 
The affordable units shall be affirmatively marketed in accordance with the UHAC, pursuant to NJAC 5:80-26.15, and all applicable law, by an experienced administrative agent. The affirmative marketing shall include posting of the affordable units availability on the New Jersey Housing Resource Center website in accordance with all applicable law, as well as written notice to the following community and regional organizations: Fair Share Housing Center, Inc. (510 Park Boulevard Cherry Hill, NJ 08002), the New Jersey State Conference of the NAACP (15 W. Front St, Trenton, NJ 08608), the Latino Action Network (2560 US Hwy. 22, Suite # 322, Scotch Plains, NJ 07076), STEPS (14 Clifton Ave South, Lakewood, NJ 08701), Ocean, Inc. (40 Washington Street, Toms River, NJ 08753), the Greater Red Bank (P.O. Box 791 Red Bank, NJ 07701), Asbury Park/Neptune (P.O. Box 1143, Asbury Park 07712), Bayshore (P.O. Box 865 Matawan, 07747), Greater Freehold (P.O. Box 246 Marlboro Annex, NJ 07746), Greater Long Branch (P.O. Box 472 Long Branch, NJ 07740), and the Trenton Branches of the NAACP (395 W State St., Trenton, NJ 08618): and the Supportive Housing Association (185 Valley St, South Orange, NJ 07079) at least 90 days before any lottery to select applicants.
[Ord. #6-1989, § 607; amended 12-16-2024 by Ord. No. 2024-17]
In recognition that certain necessary specific uses may be, or become, inimical to the public health, safety and general welfare of the Borough if located without due consideration to the existing conditions and surroundings, the following standards and procedures are hereby established for uses designated, as conditional uses. These standards are intended to provide the Land Use Board with a guide for the purpose of reviewing and deciding upon certain uses not otherwise permitted except under restrictions of this section. In approving a site plan for a conditional use, the Land Use Board may suggest modifications and changes. Such changes and modifications, as well as original provisions of the site plans which have not been modified, shall be maintained as a condition of the establishment and maintenance of any use to which they are appurtenant.
[Ord. #6-1989, § 607.1; amended 12-16-2024 by Ord. No. 2024-17]
Places of worship are a conditional use in all non-residential zones provided that the following standards and conditions are complied with:
a. 
The minimum lot area shall be 40,000 square feet and the minimum frontage shall be 200 feet.
b. 
Off-street parking shall be provided at the ratio of one off-street parking space for each four seats in the building.
c. 
Driveways shall cross sidewalk areas at right angles and shall be no more than 24 feet wide at any point. Driveways must be at least 10 feet from any side lot line and 50 feet from the intersection of street lines. No more than two driveways shall be permitted for each 200 feet of street frontage.
d. 
The Land Use Board may require buffers of plantings to protect surrounding properties from the light and noise generated in the parking areas. Not less than one tree shall be provided adjacent to the parking area for each 10 off-street parking spaces.
[Ord. #6-1989, § 607.2; amended 12-16-2024 by Ord. No. 2024-17]
Quasi-public buildings and recreation areas, including clubhouses, parks, playgrounds, swimming pools, tennis courts and other such activities operated by non-profit membership organizations may be permitted in all zones, provided that the following standards and conditions are complied with:
a. 
The applicant must be a bona fide non-profit organization operated solely for the recreation and enjoyment of the members of said organization.
b. 
The proposed use will not adversely affect the safe and comfortable enjoyment of property rights or otherwise adversely affect the value of adjacent properties.
c. 
The design of any structures erected in connection with such use is in keeping with the general character of the residential area, and that sufficient landscaping, including trees, shrubs and lawn, are provided to serve as a buffer between said use and adjoining residential properties, and to insure an attractive appearance for the use.
d. 
The minimum lot area for such use shall be 10,000 square feet. The minimum lot frontage shall be 75 feet. Not more than 50% of the land area shall be occupied by buildings and structures.
e. 
No building, structure or active recreation facility shall be located within 25 feet of an adjacent lot in a residential zone district.
f. 
The maximum number of members of the organization shall be fixed at the time of application and shall be commensurate to the amount of land to be used and the exact nature of the use. No increase in the maximum number of members without application to and approval by the Planning Board.
g. 
Off-street parking spaces shall be provided at a ratio of one space for each four memberships permitted under the terms of the Planning Board approval.
[Prior § 22-607.4, Hospitals, Nursing Homes, Philanthropic and Eleemosynary Uses, was repealed 12-16-2024 by Ord. No. 2024-17. History includes Ord. #6-1989, § 607.3]
[Ord. #6-1989, § 607.4]
Public utility facilities needed to directly provide the service of the utility to the consumer, such as pumping stations and transformers, but excluding repair garages, offices, open storage and work areas and similar commercially and industrially oriented aspects of the utility service, may be permitted in any zone district, provided that the following standards and conditions are complied with:
a. 
The facility must be necessary for the convenient and efficient operation of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the facility is to be located.
b. 
The design of any building shall conform with the general character of the area in which it is proposed to be located. Its construction must not adversely affect the safe and comfortable enjoyment of property rights of the zone district in which it is located. Adequate visual screening with landscaping shall be provided as recommended by the Shade Tree Commission.
c. 
Buildings, facilities, fences, safety devices and landscaping must be periodically maintained.
[Ord. #6-1989, § 607.5; amended 12-16-2024 by Ord. No. 2024-17]
Motor vehicle refueling and service stations may be permitted in the MU-1 and MU-2 zone districts provided that the following standards and conditions are complied with:
a. 
The area devoted to building coverage shall not exceed 10% of the total lot area.
b. 
The minimum distance between property lines of service stations shall be 1,500 feet when measured along the same street, or 500 feet when measured from any portion of the property line in any direction, including measurements into adjoining municipalities, whichever is greater.
c. 
All storage areas, trash facilities, pits, lifts and working areas shall be within a building. All lubrication, repair or similar activities shall be performed in an enclosed building, and no dismantled parts of vehicles shall be placed outside.
d. 
All fuel pumps, air pumps and the islands upon which pumps are normally located shall be set back from the street line at least 50 feet, and from any other property line at least 35 feet. A minimum space of 25 feet shall exist between any two islands and between any island and the service station building.
e. 
No junked motor vehicle or part thereof and no unregistered motor vehicle shall be stored outside an enclosed service station building overnight. Not more than three vehicles awaiting service may be stored outside the building overnight.
Storage of vehicles outdoors for more than 72 hours is to be in an area enclosed with fencing and screened with shrubbery as approved by the Land Use Board shown on a site plan submitted in accordance with this chapter.
f. 
Reserved.
g. 
It is intended that service stations be designed compatibly with the architectural appearance of existing permitted commercial uses in the zone in which they are located, that they not be stripped along the available highway frontage or at each quadrant of a convenient intersection. Ingress and egress shall be designed to recognize the turning movements generated. The access points shall be coordinated with the access points required for nearby uses, frequency of intersecting side streets and maintaining building setbacks compatible with the required setbacks and landscaping.
[Ord. #6-1989, § 608; amended 12-16-2024 by Ord. No. 2024-17]
Residential cluster developments may be permitted in the R-1 zone district, provided that the following standards and conditions are complied with:
a. 
The purpose of this section is to provide a method of preserving land for open spaces, common property, conservation areas, floodplains, recreation areas and parks. These areas are preserved by permitting a reduction in lot sizes without increasing the number of lots or permitted number of dwelling units.
b. 
Cluster developments may be approved in accordance with the following standards:
1. 
All dwelling units shall be connected to approved and functioning central water supply and central sewage disposal systems.
2. 
The maximum number of lots or dwelling units per gross acre of the tract shall be as shown in the Schedule of Permitted Uses, Yard, Area and Bulk Requirements in Section 22-612.
3. 
A minimum percent of the total tract to be set aside for either open space, common property or public areas, excluding street rights-of-way, shall be 20%.
c. 
Open space donated to the Borough shall meet the following requirements:
1. 
The minimum area of each parcel shall be one acre.
2. 
It shall be an integral part of the development and located to best suit the purpose(s) for which it is intended.
3. 
Every parcel accepted by the Borough shall be conveyed by deed at the time final plat approval is granted.
4. 
Lands offered to the Borough shall be subject to approval by the governing body after recommendation by the approving authority. The approving authority shall be guided by the Master Plan, the ability to assemble and relate such lands to an overall plan, the accessibility and potential utility of such lands to serve the intended purpose and such existing features as topography, soils, wetlands and tree cover as these features may enhance or detract from the intended use of lands. The approving authority may request an opinion from other agencies or individuals as to the advisability of accepting any lands to be offered.
d. 
Open space not donated to the Borough shall be owned and maintained by a homeowners' association. See Article V for procedures and requirements of a homeowners' association.
[Ord. #6-1989, § 609.1; Ord. #22-2005]
No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged, nor shall any land be used for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and meeting the requirements set forth in the Schedule of Permitted Uses and Requirements. No open space contiguous to any building shall be encroached upon or reduced in any manner, except in conformity to the requirements for yard, lot area, building location, percentage of building coverage, off-street parking and loading, and all other regulations designated in the schedule and this chapter for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this chapter, and any building permit or other permit, if issued shall become void.
[Ord. #6-1989, § 609.2]
Every principal building shall be built upon a lot with frontage on a public street, which has been improved to meet Borough standards or, the improvement of which has been insured by the posting of a performance guaranty pursuant to the provisions of the Land Subdivision Ordinance of the Borough.
[Ord. #6-1989, § 609.3; amended 12-16-2024 by Ord. No. 2024-17]
All lots shall have curb constructed for the full frontage on any public right-of-way. The full height curb, and the dropped curb for the driveway, shall meet the standard specifications of the Borough including Section 22-507.
[Ord. #6-1989, § 609.4]
In the event that a development adjoins or includes existing Borough streets that do not conform to widths as shown on either the Master Plan or Official Map or the street width requirements of this chapter, additional land along one or both sides of the street shall be donated to the Borough for widening the street to meet the width shown on the Master Plan or Official Map. If the subdivision is along one side of the street only, 1/2 of the required extra width shall be provided.
[Ord. #6-1989, § 609.5]
No residential lot shall have erected upon it more than one principal building, and no yard or other open space provide about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.
[Ord. #6-1989, § 609.6]
No artificial lights shall be used on any building or premises, which because of intensity, location, color or any other factor, disturb the comfort, health or safety of those residing, working or using public property, including streets within the range of said lights.
[Ord. No. 6-1989, § 609.7; Ord. No. 2017-07 § 7]
No swimming pool shall be located within 10 feet of any rear or side property line; the 10 feet shall be measured from the pool line nearest to any rear and/or side property line. No swimming pool shall be within five feet of the principal building or any accessory building. In no case shall the swimming pool be nearer any street than the principal building to which the pool is an accessory. A fence, permanent barrier or obstruction not less than four feet nor more than six feet in height, shall entirely enclose the area on which the swimming pool is located and bar all reasonable and normal access to the pool. Access to the area shall be through self-closing and latched gate or gates. The barrier may enclose a portion of the yard surrounding the pool. The barrier shall meet State of New Jersey requirements and be approved by the Borough Construction Official.
[Ord. No. 2017-07 § 12]
Any open area between the lowest finished floor area and the existing grade shall be enclosed with a breakaway wall or screening. All exposed pilings shall be enclosed. These requirements apply to elevation of an existing building, a new building constructed on an existing foundation or construction of a new building.
[Ord. No. 2017-07 § 12; amended 12-16-2024 by Ord. No. 2024-17]
A Water infiltration system for total roof runoff shall be required for all new construction, or the roof runoff created by any additional construction. The water infiltration system shall be installed in accordance with New Jersey Stormwater Best Management Practices Manual. The system is to be designed for a total volume of 1.5 inches per square foot of roof area or impervious surface. The infiltration volume must be calculated based on all new impervious cover created by the construction.
[Ord. No. 2017-07 § 12; amended 12-16-2024 by Ord. No. 2024-17]
Mechanical equipment shall include but not be limited to the following: permanent generator, air-conditioning, heat pump, pool equipment, ventilation equipment. The placement of the mechanical equipment shall comply with all setback requirements for the zone in which the building is located. No mechanical equipment shall be placed in the primary or secondary front yard. The equipment shall not have the base of the equipment more than 14 inches above the ground (the base may be elevated to the minimum level as allowed by FEMA requirements if that level is higher than 14 inches above the ground). All installations of new and replacement mechanical equipment must obtain a permit.
a. 
Location of Mechanical Equipment on Property.
1. 
Mechanical equipment adjacent to the principal building or any accessory building:
(a) 
Any property with less than a ten-foot side yard setback shall have all mechanical equipment in the rear yard.
(b) 
Equipment located in the side yard shall have a five foot clearance from the unit to the nearest property line.
(c) 
Equipment located in the rear yard shall not project beyond the side building lines of the principal building.
(d) 
Equipment located in the side yard shall be screened on the three non-adjacent sides with a vinyl lattice fence at the height of the top of the equipment and greenery on the sides facing the front and side yards.
(e) 
All permanent generators shall be located in the rear yard.
(f) 
A permanent generator shall not be located closer than five feet from the nearest property line. If a permanent generator is located in the rear yard setback then the generator shall be fully enclosed in a sound attenuating cabinet.
2. 
Mechanical equipment located on top of the principal building:
(a) 
Shall not exceed the building height requirement for the zone.
(b) 
Shall not be visible from the street or neighboring properties.
(c) 
Shall be covered by screening material appropriate to the building.
[Ord. #6-1989, § 610.1]
As used in this section:
ATTACHED SIGN
Shall mean a (wall) sign attached to the wall of a building or structure and mounted flat against the wall so that the face of the sign is parallel with the surface of the wall.
DIRECTORY SIGN
Shall mean a ground sign placed at the intersection of an arterial street and intersecting street in proximity to a commercial area located off the arterial street, which sign contains the names of businesses in the commercial area but no advertising or descriptive material.
ERECT
Shall mean to build, construct, attach, place, suspend or affix, including the painting of signs or displays on the exterior surfaces of a structure.
FACING OR SURFACE
Shall mean a wall surface itself and the surface of a sign upon, against or through which the message is displayed or illuminated on the sign.
FLASHING SIGN
Shall mean any illuminated sign emitting intermittent, noncontinuous light.
FREESTANDING SIGN
Shall mean a sign supported by uprights or braces inserted in the ground and not attached to any building, where the sign is elevated above the ground by a firm supporting device.
GROUND SIGN
Shall mean any sign supported by uprights or braces inserted in or anchored to the ground and not attached to any building, where the bottom of the sign is not more than six inches above the ground surface.
ILLUMINATED SIGN
Shall mean any lighted sign.
INTERNALLY ILLUMINATED SIGN
Shall mean any sign which has its light source within the sign projecting outward.
OTHER ADVERTISING STRUCTURE
Shall mean any device, item, structure, fixture, or other personal property, and including a marquee, canopy, awning, or clock, bearing advertising which is placed on the property by the owner or operator, whether placed to attract attention to the business activity or for any other purpose.
PERMANENT SIGN
Shall mean for the purposes of this chapter, ground signs, freestanding signs, construction signs, attached signs and traffic control devises and signs shall be considered "permanent signs."
PERSON
Shall mean any person, firm, partnership, association, corporation, company or organization.
POLE SIGN
Shall mean a freestanding sign.
PORTABLE SIGN
Shall mean any sign, whether or not supported by uprights or braces, which is not permanently inserted or anchored into the ground or not permanently attached to any structure.
PROJECTING SIGN
Shall mean any attached sign other than a wall sign.
PYLON SIGN
Shall mean a freestanding sign.
ROOF SIGN
Shall mean any sign erected, constructed and maintained wholly upon or above the roof of any building with the principal support of the sign on the roof structure.
SIGN
Shall mean any announcement, declaration, demonstration, display, illustration, insignia (logo) or other visual communication, placed in a position to be seen by the general public from any street or public way, which is used to advertise or promote the interest of any person, product or service.
SIGN AREA AND DIMENSION
Shall mean and include all lettering, wording, coloring and accompanying designs and symbols, together with the background, whether open or enclosed, but not including any supporting framework and bracing incidental to the display itself. A freestanding sign with two exposures shall have a total sign area consisting of the area of one side of the sign, but both sides may be used.
TEMPORARY SIGN
Shall mean any sign, banner or other advertising device, with or without structural frame, intended for a limited period of display, including but not limited to for sale/rent/lease signs, tenant signs, special event signs, election signs, sale signs, informational and directional signs and flags.
WALL SIGN
Shall mean flat (attached) signs placed against the exterior wall of any structure with the face of the sign not more than 15 inches from the surface of the wall.
WINDOW SIGN
Shall mean any permanent or temporary sign attached or otherwise displayed on or through the window of any building.
[Ord. #6-1989, § 610.2]
a. 
Except as otherwise provided in this chapter, it shall be unlawful for any person to erect, alter, relocate or to permit to exist on his premises any sign as defined in this chapter without first making application for and obtaining a sign permit from the Code Enforcement Officer.
b. 
Where site plan approval is required prior to the issuance of a building permit, all applications for sign permits shall be made to the approving authority as part of the site plan application. Upon approval of the site plan, the approving authority shall certify in writing to the Code Enforcement Officer that the sign conforms to this chapter or that a variance from same has been granted. Thereupon, the Code Enforcement Officer shall issue the sign permit.
c. 
Where site plan approval is not required, the Code Enforcement Officer shall examine the application and determine whether the application and the proposed sign comply with the applicable provisions of this chapter and other ordinances. In addition, the Code Enforcement Officer shall be satisfied that the proposed sign shall be erected so as not constitute any hazard to the public or cause any damage to property.
d. 
The Code Enforcement Officer shall issue or deny a sign permit within 15 days of receipt of a properly completed application, including the paid fee, or certification of approval from the approving authority.
e. 
In the event the sign permit is denied, the denial shall be in writing, setting forth the reasons. The applicant shall have the right to appeal the determination to the Zoning Board of Adjustment.
f. 
If the work authorized by the sign permit shall not be completed within one year of the date the sign permit is issued, the sign permit shall be null and void.
g. 
The number of the sign permit issued by the Borough shall be painted, or affixed, to a surface of the sign in letters or numbers not less than one inch in height.
[Ord. #6-1989, § 610.3]
Application for a sign permit shall be made in duplicate on forms to be furnished by the Borough and shall be accompanied by a nonrefundable fee of $25. The application shall contain the following information:
a. 
Name, address and telephone number of the applicant as well as the owner of the premises upon which the sign is sought to be erected.
b. 
Name, address and telephone number of the person or firm erecting the sign.
c. 
Written consent of the owner of the structure or land to which or on which the sign is to be erected, if applicant is other than the owner.
d. 
Attached to each copy of the application shall be plans prepared by the applicant or on his behalf, which shall include the following:
1. 
The location and dimension of all boundary lines of the premises and all buildings and structures, including existing signs, on said premises, showing their respective setbacks from the boundary lines.
2. 
The location of the proposed sign, showing distances from all boundary lines, sidewalks, streets, buildings, structures and existing signs.
3. 
A diagram of the proposed sign, showing all dimensions and the heights above ground with a graphic illustration of the proposed sign content.
4. 
The method of construction and materials to be used, including the mode of illumination, if any, and the manner in which it will be connected to the ground or building.
[Ord. #6-1989, § 610.4]
a. 
Continuance. Except as otherwise provided in this section, the lawful use of any sign existing at the date of the adoption of this chapter, which is not a portable or temporary sign as defined in subsection 22-610.1 above, may be continued although such sign does not conform to this chapter, provided that no nonconforming signs shall be enlarged, extended, increased or changed in material, character, location, illumination or message. Signs of a portable or temporary nature existing as of the date of the adoption of this chapter shall be subject to the provisions of this chapter and as such same shall be removed upon this chapter becoming law.
b. 
Abandonment. A nonconforming sign shall be presumed to be abandoned when there occurs a cessation of any use or activity to which the sign is accessory pursuant to subsection 22-610.8, paragraph f.
c. 
Restoration. In the event any nonconforming sign shall be partially destroyed by reason of windstorm, fire, explosion, or act of God, such sign may be restored or repaired, provided there is no change in size or location. In the event a nonconforming sign shall be totally destroyed by reason of any of the above elements, said sign shall not be rebuilt or reconstructed except in conformance with the provisions of this chapter. Totally destroyed for purposes of this paragraph shall be defined as a sign which is more than 50% destroyed.
d. 
Reversion. No nonconforming sign shall, once it has become a conforming sign, be changed or altered in any manner so that it again becomes a nonconforming sign.
[Ord. #6-1989, § 610.5]
a. 
In the event the Code Enforcement Officer shall determine that any sign, including any nonconforming sign, is unsafe, insecure, in need of repair, not maintained in proper condition or has been constructed, erected or installed in violation of any of the provisions of this chapter, the Code Enforcement Officer shall give written notice of such violation to the permit holder and owner of the premises. If the violation(s) is not remedied within 10 days after receipt of the notice, a complaint shall be filed against the person(s) responsible for the violation in the Municipal Court. In the event such sign violation constitutes an immediate danger to the safety of persons or property, the Code Enforcement Officer shall have the sign removed immediately at the expense of the person(s) responsible for the violation. In such event, notice to the person(s) responsible for the violation shall not be required prior to the ordering of the work.
b. 
All signs in the Borough shall be well maintained, clean and all painted surfaces shall be repainted as needed.
[Ord. #6-1989, § 610.6]
a. 
Nameplates. Not more than one nameplate sign identifying the occupant of the building and which may designate the profession of the occupant may be erected in a residential zone, provided that such sign shall not exceed two square feet. No sign permit shall be required for such nameplate sign.
b. 
Special Event Signs.
1. 
Not more than one special event sign announcing or advertising an educational, civic, or religious special event may be erected or maintained per property.
2. 
The sign shall not exceed 24 square feet in area.
3. 
A sign may be erected for a period not to exceed 21 days either continuously or in aggregate during any one calendar year.
4. 
No special event sign shall be erected within a sight triangle as defined in this chapter.
c. 
Election Campaign Signs.
1. 
No more than one election campaign sign supporting or making a statement concerning a local, County, State or Federal election may be erected or maintained on a property.
2. 
The sign shall not exceed 12 square feet in area.
3. 
No sign shall be erected more than 21 days prior to the election and no sign shall remain more than seven days after the election.
4. 
No election sign shall be erected within a sight triangle as defined in this chapter.
5. 
No election sign shall be erected on publicly owned property or publicly owned rights-of-way.
d. 
Informational and Directional Signs.
1. 
Signs containing street number designations, household nameplates, postal boxes, historical markers, directional signs and advisory signs such as but not limited to "Private Property", "No Soliciting", "No Trespassing", "Warning Dog", shall be permitted provided that they do not exceed two square feet in area.
2. 
Pavement markings, "One-Way", "Do Not Enter" or "Stop" signs designed and utilized to control the flow of traffic on property are permitted.
e. 
Traffic Control Devices and Signs. All signs and signals owned or operated by the Borough, County, State or United States of America are permitted. No sign permit shall be required.
f. 
Flags. One flag of the United States of America, State of New Jersey, or the Borough of Spring Lake Heights shall be displayed on a property at one time. The flag pole shall not exceed 35 feet in height and the flag shall not exceed the dimensions of five feet by eight feet.
g. 
For Sale/Rent/Lease Signs Which do Not Exceed Four Square Feet in Area.
1. 
Not more than one sign may be erected or maintained on a property advertising the availability of the property or a structure located on the property or a portion thereof.
2. 
Within seven days of the execution of a contract of sale or lease, the sign shall be removed from the premises, during which time, the sign may be modified to indicate that the premises has been sold/leased.
h. 
Development Signs.
1. 
One sign at the entrance to a development noting the name of the development, the developer and any professionals or contractors. The sign shall not exceed 24 square feet in area.
2. 
One sign in front of each model home giving the name of the model and other pertinent information. The sign shall not exceed four square feet in area.
i. 
Posted "Warning", "No Trespassing" and "Danger" signs not exceeding two square feet are permitted, and no sign permit shall be required.
[Ord. #6-1989, § 610.7; Ord. #11-2007, § 1]
a. 
Signs, except construction signs, permitted in residential zones.
b. 
Tenant Signs.
1. 
Not more than two tenant signs per business identifying the occupants of the building and their profession may be erected and maintained. One of the two signs must be attached to the wall of the building in accordance with paragraph f of this subsection.
2. 
The tenant sign not attached to the building shall not exceed two square feet in area.
3. 
On premises having more than one business, tenant signs may be accumulated into a directory ground sign; provided that all tenant signs not attached to the building are included in the ground sign and provided further that the overall sign area does not exceed two square feet per business or 40 square feet in total, whichever is less.
c. 
Sales and Credit Card Signs. A sign permit shall not be required.
1. 
Sale, "credit card accepted", and signs for business, advertising, or announcement of special events shall be permitted without limitation to number, provided that the aggregate area of the signs in windows does not exceed 25% of the gross glass area of the wall in which the window is located or in doors does not exceed 10% of the door glass area.
2. 
Sale signs shall be affixed to the inside surface of the window glass.
3. 
A temporary sign announcing the bona fide opening of a new business may be used for one consecutive period of 30 days in any calendar year.
d. 
Ground Signs.
1. 
One ground sign shall be permitted on a property where any single building containing one or more separate established businesses. The sign shall not exceed 40 square feet in area and may display the name, address, or symbol (logo) for the business(es).
2. 
Ground signs shall only be illuminated externally.
3. 
Ground signs shall only advertise the business conducted on the property or the services and products produced, made, or sold on the premises.
e. 
Construction Signs.
1. 
One sign per premises on which construction pursuant to site plan approval is underway shall be permitted, provided that the sign shall not exceed 24 square feet in area. The sign shall be removed prior to the issuance of the Certificate of Occupancy.
2. 
Construction signs may only advertise the project to be erected, the name of the developer, financial institution funding the construction, and the broker or agent responsible for sale/rental/lease of the project.
f. 
Attached Signs (Other Than Tenant Signs). Attached signs shall be signs attached to a building or other similar structure.
1. 
One attached sign shall be permitted per business on a property and shall only advertise the business conducted on the property or the services and products produced, made or sold on the premises.
2. 
Attached signs may only be illuminated externally.
3. 
Attached signs shall not project higher than the highest point of the parapet, facade or roof eave of the building to which it is affixed.
4. 
A sign shall not project more than 15 inches from the wall surface to which it is attached, nor beyond the property line bounding the property upon which it is erected, nor shall it overhang the public street or sidewalk.
5. 
The area of attached signs shall not exceed 10% of the total wall area on which it is mounted and shall not be for more than five feet in height.
6. 
Signs in a shopping center shall be of a consistent design approved as part of the site plan approval. Where a sign is hung under the covering over a walkway, it shall not exceed 12 square feet in area nor shall it extend lower than eight feet above the walkway.
g. 
Freestanding Signs.
1. 
In lieu of a ground sign, one freestanding sign shall be permitted provided it is constructed so that the sign is separated from the ground by a pole, stanchion, beam, or other similar item.
2. 
All ground signs shall be securely built, constructed and erected upon posts and standards sunk at least three feet below the natural surface of the ground, and shall be properly supported. All posts, anchors, and bracing of wood shall be treated to protect them from moisture by using generally accepted methods when they rest upon or enter into the ground. All ground signs and the premises surrounding the same shall be maintained by the owner thereof in a clean, sanitary, and inoffensive condition, and free and clear of all obnoxious substances, rubbish, and weeds.
3. 
The size of the freestanding sign at the minimum setback line shall not exceed 40 square feet.
4. 
Freestanding signs shall only be illuminated externally.
5. 
Freestanding signs shall only advertise the business conducted on the property and/or the services and products produced, made, or sold on the premises.
6. 
The base of freestanding signs shall be screened with plantings.
h. 
Height and Setback Requirements.
Sale/Rent/Lease, Tenant, Special Event, Election, Informational and Directional
Freestanding Ground Construction
Minimum front yard setback (feet)
0
10
Minimum side yard setback (feet)
5
5
Maximum sign structure height (feet)
4
20 Freestanding 5 ground and construction
[Ord. #6-1989, § 610.8]
a. 
In the case of a two faced sign each side shall not exceed the permitted area, provided the two faces are parallel and are separated by a maximum distance of 15 inches.
b. 
All signs shall be constructed of weatherproof materials and placed so as not to prevent free ingress to and egress from any door, window or fire escape.
c. 
All wall signs shall be safely and securely attached to the building.
d. 
If any permitted sign shall be illuminated, the illumination shall cause no glare or blinding light to adjacent properties or roadways. Furthermore, no ground sign shall be illuminated by more than two floodlights on the ground or on individual poles or in combination.
e. 
Signs which project more than 15 inches from buildings, flashing signs, portable signs, billboard signs, rotating signs, roof signs and a sign on a motor vehicle or trailer parked or designated to be parked for advertising purposes are all prohibited.
f. 
Any sign which no longer advertises a bona fide business or product sold shall be taken down or removed by the owner, agent or person having the beneficial use of the building or structure or premises on which such sign is located within 10 days after receipt of written notification from the Code Enforcement Officer. Upon failure to comply with such notice, the Code Enforcement Officer is authorized to file a complaint in Municipal Court against the person(s) responsible for the violation.
g. 
Other advertising structures not expressly permitted in this section are prohibited.
[Ord. #6-1989, § 610.9]
Unless otherwise provided in this chapter, all permitted ground signs in any zone shall be no lower than four feet in height and shall not exceed 20 feet in height as measured from the average grade at the base of the sign to the top of the sign. Ground signs shall be located only in the front yard and shall comply with the setback requirements of paragraph h of subsection 610.7 of this chapter.
[Ord. #6-1989, § 610.10]
No sign shall be permitted within any sight triangle except directional signs not exceeding two square feet in area and not exceeding three feet in height and whose location shall be approved in writing by the approving authority, and also except signs owned or operated by the Borough, County, State or United States of America.
[Ord. #6-1989, § 610.11]
No sign shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision; or any location where by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device; or which makes use of the words "STOP", "LOOK", "DRIVE-IN", "DANGER" or any other word, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic.
[Ord. #6-1989, § 611; Ord. #18-1990, § 5; Ord. #7-2003, § 2; amended 12-16-2024 by Ord. No. 2024-21]
Minimum off-street parking and loading spaces shall be provided as follows:
a. 
Where on-street parking in a residential street right-of-way is not available, additional off street parking of 0.25 spaces per dwelling shall be required for visitor parking.
b. 
One space for each studio or efficiency dwelling unit.
c. 
The stipulated minimum parking requirements set forth in the ordinance may be reduced, based upon the written findings of a qualified parking consultant that the particular use(s) involved are adequately served by regularly scheduled public transportation such as bus or rail, van pooling and/or bicycle usage to be provided at levels such that use of private passenger vehicles will be significantly reduced.
See following schedules for Minimum Off-Street Parking and Loading Requirements.
Editor's Note: The Schedule "Minimum Off-Street Parking and Loading Requirements" is included as an attachment to this Chapter.
[Ord. #6-1989, § 612; Ord. #18-1990, § 6; Ord. #1-1991, § 1; Ord. #22-2005; Ord. #11-2007 § 1; Ord. No. 13-2009; Ord. No. 2017-02 § 2; Ord. No. 2017-07 § 9; amended 12-18-2023 by Ord. No. 2023-12; 12-16-2024 by Ord. No. 2024-23]
a. 
The Schedule of Permitted Uses is included as an attachment to this chapter.
b. 
Schedule of Permitted Uses, Bulk, Area and Setback Requirements.
Schedule of Permitted Uses, Bulk, Area and Setback Requirements Borough of Spring Lake Heights
Zone
Use
Minimum Lot Area
Minimum Lot Depth
(Feet)
Minimum Lot Width
(Feet)
Minimum Lot Frontage
(Feet)
Minimum Front Yard
(Feet)
Minimum Side Yard
(Feet)
Minimum Rear Yard
(Feet)
Maximum Height (P)
(Feet)
Maximum Height (A)
(Feet)
Maximum Building Coverage %
Maximum Lot Cover- age %(1)
Maximum Dwelling Units per Acre
R-1
Single family detached dwelling units
40,000 square feet
200
150
150
50
25
30
32 See subsection 22-606.1
15/10 See Subsection 22-502.1
25
50
1.0G
R-1
Residential Cluster (from tract boundary)
10,000 square feet
100/50
80
80
35/50
10/50
20
32 See subsection 22-606.1
15/10 See Subsection 22-502.1
25
50
1.0G
R-2
Single family detached dwelling units
7,500 square feet
100
75
75
30(3)
10
10
32 See subsection 22-606.1
15/10 See Subsection 22-502.1
20(4)
50
5.8
R-3
Single family detached dwelling units
9,000 square feet
120
75
75
30(3)
10
10
32 See subsection 22-606.1
15/10 See Subsection 22-502.1
20(4)
50
4.8
R-4
Single family detached dwelling units
6,000 square feet
100
60
60
30(3)(8)
5
10
32 See subsection 22-606.1
15/10 See Subsection 22-502.1
25
50
7.2
R-5
Single family detached dwelling units
7,500 square feet
150
50
50
30(3)(5)
10(5)
10(5)
32 See subsection 22-606.1
15/10 See Subsection 22-502.1
25
50
5.8
R-5 Residential Townhouse
Block 46.02
Lots 1-63
Ord No.
2009-13(6)
Residential townhouse
4.5 Acres
—
100
200
40
30
50(7)
35
10
25
50
13.7G(62 units)
B-2
Retail and service stores
18,000 square feet
125
100
100
30
10(2)
20
35
15/10 See Subsection 22-502.1
50
75
0
Business and professional offices
15,000 square feet
125
100
100
30
10(2)
20
35
15/10 See Subsection 22-502.1
40
75
0
Motels
40,000 square feet
150
200
200
50
30
40
30
15/10 See Subsection 22-502.1
30
75
20 units
MU-AH1
Mixed Use Affordable Housing See Ord 2022-16
10,000 square feet
175
95
95
24
8(2)
15
35
15/10 See Subsection 22-502.1
30
75
5.0
MU-AH2
Mixed Use Affordable Housing See Ord 2023-08
50,000 square feet
200
150
150
20(9)
10/20
20
38/3.5 stories (10)
NA
40
75
10
AH-3 Overall Tract
Mixed Use Affordable Housing See Ord 2024-11
80,000 sq. ft.
140
275
275
40 ft. (10)/3.5 stories
15/10 See Subsection 22-502.1
50
75
AH-3 Parcel A
Mixed Use Affordable Housing See Ord 2024-11
50,000 sq. ft.
350
140
150
20
10/20
50
40 ft. (10)/ 3.5 stories (12)
15/10 See Subsection 22-502.1
50
75
AH-3 Parcel B
Mixed Use Affordable Housing See Ord 2024-11
14,000 sq. ft.
125
100
100
15(11)
5(11)
4(11)
40 ft. (10)/3.5 stories
15/10 See Subsection 22-502.1
50
75
AH-4(15)
Mixed Use Affordable Housing See Ord 2024-15
38,000 sq. ft.
150
50
50
30(13) 15(14)
5
5
40 (10)/3 stories
15/10 See Subsection 22-502.1
30
80
18
MU-1
All principally permitted uses
10,000 square feet
125
100
100
20
10
30
40/3.5 stories
15
40
75
20 units
MU-2
All principally permitted uses
10,000 square feet
125
100
100
20
10
30
40/3.5 stories
15
40
75
20 units
Abbreviations:
P: Primary Building
A: Accessory Building
G: Gross residential density (includes required open space and streets)
Footnotes:
1.
Lot coverage: Lot coverage shall include but not be limited to: building coverage; accessory buildings; gazebos; decks; patios; driveways; sidewalks; pavement; pavers; concrete; stone and gravel. See Section 22-302 Lot Coverage.
2.
When adjacent to a residential zone district, a twenty (20) foot side yard setback shall be required.
3.
For certain front porch setbacks in R-2, R-3, R-4 and R-5 residential zone districts see Subsection 22-606.1,a,7.
4.
The maximum building coverage in residential zone districts R-2 and R-3 permit an additional 5% building coverage exclusively for a detached garage. The maximum principal building coverage in these zones shall remain 20%. The requirements for accessory buildings as set forth in Section 22-502 shall remain in effect.
5.
For R-5-corner lots with a width of 50 feet or less, the secondary front yard setback shall be a minimum of 20 feet and the opposite side yard setback shall be a minimum of five feet.
6.
For the R-5 Residential Townhouse Overlay the following are permitted as per Subsection 22-606.1,a,6.; all requirements, with the exception of building height, pertain to the overall townhouse tract.
7.
From Pitney Drive Frontage.
8.
For lots in the R-4 residential zone with a minimum lot depth of 105.0' feet or less, the minimum front yard shall be 25 feet measured from the front lot line.
9.
For the MU-AH2 Zone the minimum front yard setback is calculated before any dedication that may be required for road widening.
10.
For the MU-AH2, AH-3, and AH-4 Zones the building height shall mean the vertical distance from the average finished grade measured at the structure's foundation to the midpoint for pitched roofs and to the top of the flat surface for flat roofs. Parapets, chimneys, antennas, cupolas, elevator equipment, weathervanes and mechanical and utility equipment may exceed the permitted building height by five feet.
11.
Existing building or extension thereto shall be consistent with Parcel A standards.
12.
For the AH-3 Zone Parcel A to qualify as a "half story," the occupied area cannot exceed 75% of the area of the floorplate below. For a sloped roof, the half story may not alter the slope of the roof and may only intrude to a maximum of 33% of the linear length of a building side with dormers or skylights. For a flat roof, the half story must set back from the lower story at least five feet, creating a stepped or "wedding cake" effect.
13.
For the AH-4 Zone, the minimum front yard setback from Church Street.
14.
For the AH-4 Zone, the minimum front yard setback from Pitney Drive.
15.
For the AH-4 Zone, the minimum separation between buildings is 10 feet.
[Ord. #3-2005, § 1]
Cornices and eaves, chimneys and bay windows shall not project more than two feet into any yard setback required by zone. In no event shall any cornices, eaves, chimneys and/or bay window projection be any closer than eight feet to any side yard lot line or result in the enlargement of any nonconforming structure. Additionally, no chimney projection into a yard setback shall be larger than 10 square feet on a lateral plane.
[Added 9-16-2024 by Ord. No. 2024-14]
a. 
Affordable Housing Obligation.
Established hereby are the Borough's regulations regarding very-low-, low- and moderate-income housing units in the Borough consistent with the provisions known as the "Substantive Rules of the New Jersey Council on Affordable Housing", N.J.A.C. 5:93 et seq., the Uniform Housing Affordability Controls ("UHAC"), N.J.A.C. 5:80-26.1 et seq., and the Borough's constitutional obligation to provide fair share of affordable housing for very-low-, low- and moderate-income households as reflected in the NJ Fair Housing Act ("FHA") at N.J.S.A. 52:27D-301, except where modified by the requirements for very-low-income housing as established in P.L. 2008, c.46 (the "Roberts Bill", codified at N.J.S.A. 52:27D-329.1) as reflected in the terms of a Settlement Agreement between the Borough and Fair Share Housing Center ("FSHC") such that the statutory requirement to provide very-low-income units equal to 13% of affordable units approved and constructed after July 17, 2008, to be affordable to households at 30% of the regional median income, overrides the UHAC requirement that 10% of all low- and moderate-income units must be affordable at 35% of the regional median income.
b. 
This section is intended to assure that very-low-, low- and moderate-income units ("affordable units") are created with controls on affordability over time and that very-low-, low- and moderate-income households shall occupy these units. This section shall apply to all inclusionary developments and 100% affordable developments (including those funded with low-income housing tax credit financing) except where inconsistent with applicable law.
c. 
The Borough of Spring Lake Heights Planning Board has adopted a Housing Element and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1, et seq. The Plan has also been endorsed by the Borough Council of the Borough of Spring Lake Heights. The Fair Share Plan describes the ways the Borough shall address its fair share for very-low-, low-, and moderate-income housing as approved by the Superior Court and documented in the Borough's Housing Element and Fair Share Plan.
d. 
This section implements and incorporates the Fair Share Plan and addresses the requirements of N.J.A.C. 5:93, as may be amended and supplemented.
[Added 9-16-2024 by Ord. No. 2024-14]
As used in this Chapter 22 of the Borough Code of the Borough of Spring Lake Heights, the following terms shall have the following meanings:
ACCESSORY APARTMENT
Shall mean a self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing home, or through the conversion of an existing accessory structure on the same site, or by an addition to an existing home or accessory building, or by the construction of a new accessory structure on the same site.
ACT
Shall mean the Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.).
ADAPTABLE
Shall mean constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
ADMINISTRATIVE AGENT
Shall mean the entity responsible for the administration of affordable units in accordance with section 22-9(c) below, N.J.A.C. 5:91, N.J.A.C. 5:93 and N.J.A.C. 5:80-26.1 et seq.
AFFIRMATIVE MARKETING
Shall mean a regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
AFFORDABILITY AVERAGE
Shall mean the average percentage of median income at which restricted units in an affordable housing development are affordable to very-low-, low- and moderate-income households per N.J.A.C. 5:80-26.3.
AFFORDABLE
Shall mean a sales price or rent within the means of a very-low, low- or moderate-income household as defined in N.J.A.C. 5:93-7.4; 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.
AFFORDABLE DEVELOPMENT
Shall mean a housing development all or a portion of which consists of restricted units.
AFFORDABLE HOUSING DEVELOPMENT
Shall mean 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 percent affordable development.
AFFORDABLE HOUSING PROGRAM(S)
Shall mean any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.
AFFORDABLE UNIT
Shall mean a housing unit proposed or created pursuant to the Act, credited pursuant to N.J.A.C. 5:93 and approved for crediting by the Court, and/or funded through an affordable housing trust fund.
AGE-RESTRICTED UNIT
Shall mean a housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that: (1) all the residents of the development where the unit is situated are 62 years or older; or (2) at least 80 percent of the units are occupied by one person that is 55 years or older; or (3) the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
AGENCY
Shall mean the New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
ALTERNATIVE LIVING ARRANGEMENT
Shall mean a structure in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central heat and common areas. Alternative living arrangement includes, but is not limited to: transitional facilities for the homeless, Class A, B, C, D, and E boarding homes as regulated by the 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.
ASSISTED LIVING RESIDENCE
Shall mean a facility 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 (4) or more adult persons unelated to the proprietor and that offers units containing, at a minimum, 1 unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
CERTIFIED HOUSEHOLD
Shall mean a household that has been certified by an Administrative Agent as a very-low-income household, a low-income household or moderate-income household.
COAH or the COUNCIL
Shall mean the New Jersey Council on Affordable Housing, as established by the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301, et seq.) which had primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the State.
DCA
Shall mean the State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT
Shall mean a housing unit with health and safety code violations that require 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.
DEVELOPER
Shall mean any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development including the holder of an option to contract or purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
Shall mean the division of a parcel of land into 2 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.
DEVELOPMENT FEE
Means money paid by a developer for the improvement of property as authorized by Holmdel Builder's Association v. Holmdel Borough. 121 N.J. 550 (1990) and the Fair Housing Act of 1985, N.J.S.A. 52:27D-301, et seq., and the NJ Statewide Non-Residential Development Fee Act, P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.1 et seq.), regulated by applicable COAH regulations.
EQUALIZED ASSESSED VALUE
Shall mean the assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with sections I, 5, and 6 of P.L. 1973, c.123 (C.54:1-35a through C.54:1-35c).
FAIR SHARE PLAN
Shall mean the plan that describes the mechanisms, strategies and the funding sources, if any, by which the Borough proposes to address its affordable housing obligation as established in the Housing Element, including the draft ordinances necessary to implement that plan, and addresses the requirements of N.J.A.C. 5:93-5.
GREEN BUILDING STRATEGIES
Shall mean 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.
HOUSING ELEMENT
Shall mean the portion of the Borough's Master Plan, required by the Municipal Land Use Law ("MLUL"), N.J.S.A. 40:55D-28b.(3) and the Act, that includes the information required by N.J.A.C. 5:93-5.1 and establishes the Borough's fair share obligation.
INCLUSIONARY DEVELOPMENT
Shall mean a development containing both affordable units and market rate units. This term includes, but is not necessarily limited to: new construction, the conversion of a non-residential structure to residential and the creation of new affordable units through the reconstruction of a vacant residential structure.
LOW-INCOME HOUSEHOLD
Shall mean a household with a total gross annual household income equal to 50% or less of the median regional household income by household size.
LOW-INCOME UNIT
Shall mean a restricted unit that is affordable to a low-income household.
MAJOR SYSTEM
Shall mean 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 or load bearing structural systems.
MARKET-RATE UNITS
Shall mean housing not restricted to low- and moderate-income households that may sell or rent at any price.
MEDIAN INCOME
Means the median income by household size for the applicable housing region, as adopted annually by the Borough pursuant to this section, by COAH or a successor entity approved by the Court.
MODERATE-INCOME HOUSEHOLD
Shall mean a household with a total gross annual household income in excess of 50% but less than 80% of the regional median household income by household size.
MODERATE-INCOME UNIT
Shall mean a restricted unit that is affordable to a moderate-income household.
NON-EXEMPT SALE
Shall mean any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a class A beneficiary and the transfer of ownership by court order.
RANDOM SELECTION PROCESS
Shall mean a process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).
REGIONAL ASSET LIMIT
Means the maximum housing value in each housing region affordable to a four-person household with an income at 80 percent of the regional median as defined by duly adopted Regional Income Limits published annually by COAR or a successor entity.
REHABILITATION
Shall mean the repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
RENT
Shall mean the gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.
RESTRICTED UNIT
Shall mean a dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as may be amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.
UHAC
Shall mean the Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.
VERY-LOW-INCOME HOUSEHOLD
Shall mean a household with a total gross annual household income equal to 30 percent or less of the regional median household income by household size.
VERY-LOW-INCOME UNIT
Shall mean a restricted unit that is affordable to a very low-income household.
WEATHERIZATION
Shall mean 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.
[Added 9-16-2024 by Ord. No. 2024-14]
The Borough of Spring Lake Heights shall comply with the following monitoring and reporting requirements regarding the status of the implementation of its Court-approved Housing Element and Fair Share Plan:
Beginning on June 30, 2025, and on every anniversary of that date through June 30, 2025, the Borough shall provide annual reporting of its Affordable Housing Trust Fund activity to the New Jersey Department of Community Affairs ("NJDCA"), Council on Affordable Housing ("COAH"), or Local Government Services ("NJLGS"), or other entity designated by the State of New Jersey, with a copy provided to FSHC and posted on the municipal website, using forms developed for this purpose by the NJDCA, COAH, the Special Master or FSHC. The reporting shall include an accounting of all Affordable Housing Trust Fund activity, including the source and amount of funds collected and the amount and purpose for which any funds have been expended.
Beginning on June 30, 2025, and on every anniversary of that date through June 30, 2025, the Borough agrees to provide annual reporting of the status of all affordable housing activity within the municipality through posting on the municipal website with a copy of such posting provided to FSHC, using forms previously developed for this purpose by COAH or any other forms endorsed by the Special Master and FSHC.
By June 30, 2025, and every third year thereafter, as required by N.J.S.A. 52:27D-329.1, the Borough will post on its municipal website, with a copy provided to FSHC, a status report as to its satisfaction of its very-low-income requirements, including its family very-low-income requirements. Such posting shall invite any interested party to submit comments to the municipality and FSHC on the issue of whether the municipality has complied with its very-low-income and family very-low-income housing obligations.
a. 
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 Borough of Spring Lake Heights pursuant to the Borough's most recently adopted Housing Element and Fair Share Plan.
b. 
Moreover, this section shall apply to all developments that contain very-low-, low- and moderate-income housing units, including any currently unanticipated future developments that will provide very-low-, low- and moderate-income housing units.
c. 
Projects receiving Federal Low Income Housing Tax Credit financing shall comply with the income and bedroom distribution requirements of UHAC at NJ.AC. 5:80-26.3 (with the exception that the UHAC requirement for 10% of the affordable units in rental projects being required to be at 35% of median income be modified as required by the statutory requirement, N.J.S.A. 52:27D-329.1 to 13% of affordable units in such projects shall be required to be at 30% of median income) and the length of the affordability controls applicable to such projects shall be not less than a thirty (30) year compliance period plus a 15 year extended use period.
[Added 9-16-2024 by Ord. No. 2024-14]
a. 
If the Borough or the Borough's Land Use Board permits the construction of multifamily or single family attached residential development consisting of five (5) or more net new dwelling units at a density of at least six (6) or more units per acre, that is "approvable" and "developable," as defined at N.J.A.C. 5:93-1.3, the Borough or the Borough's Land Use Board shall require that 20% (twenty percent) of the residential units be set aside for very-low-, low- and moderate-income households.
b. 
This requirement shall apply beginning with the effective date the Ordinance[1] creating this section was adopted to any multi-family or single-family detached and/or attached residential development, including the residential portion of a mixed use projects which consists of five (5) or more net new residential units at a density at least six (6) or more units per acre, whether permitted by a zoning amendment, a variance granted by the Borough's Land Use Board, or adoption of a Redevelopment Plan or amended Redevelopment Plan in areas in need of redevelopment or rehabilitation.
[1]
Editor's Note: This ordinance was adopted 9-16-2024 by Ord. No. 2024-14.
c. 
Nothing in this section precludes the Borough or the Borough's Land Use Board from imposing an affordable housing set aside in a development not required to have a set aside pursuant to this paragraph consistent with N.J.S.A. 52:27D-3 11(h) and other applicable law.
d. 
This requirement does not create any entitlement for a property owner or applicant for a zoning amendment, variance, or adoption of a Redevelopment Plan or amended Redevelopment Plan in areas in need of redevelopment or rehabilitation, or for approval of any particular proposed project.
e. 
This requirement does not apply to any sites or specific zones otherwise identified in the Borough's Settlement Agreement with FSHC, or in the Borough's Housing Element and Fair Share Plan, for which density and set aside standards shall be governed by the specific standards set forth therein.
f. 
Furthermore, this section shall not apply to developments containing four (4) or less net new dwelling units.
g. 
All subdivision and site plan approvals of qualifying residential developments shall be conditioned upon compliance with the provisions of this section.
h. 
Where a developer demolishes existing dwelling units and with the intent to construct new dwelling units on the same site, the provisions of this section shall apply only if the net number of new dwelling units is five (5) or more.
i. 
All affordable housing units built as required by this section will comply with the requirements of this chapter and any other applicable provisions of the Spring Lake Heights Municipal Code relating to affordable housing.
j. 
No subdivision shall be permitted or approved for the purpose of avoiding compliance with this requirement. For example, a developer cannot subdivide a project into two lots and then make each of them generate a number of units that is lower than the threshold.
[Added 9-16-2024 by Ord. No. 2024-14]
The following requirements shall apply to all new or planned developments that contain very-low-, low- and moderate-income housing units.
a. 
Phasing. Final site plan or subdivision approval shall be contingent upon the affordable housing development meeting the following phasing schedule for very-low-, low- and moderate-income units whether developed in a single-phase development or in a multi-phase development:
Maximum Percentage of Market-Rate Units Completed
Minimum Percentage of Low- and Moderate- Income Units Completed
25%
0%
25% + 1
10%
50%
50%
75%
75%
90%
100%
b. 
Design.
1. 
In inclusionary developments, to the extent possible, very-low-, low- and moderate-income units shall be integrated with the market units.
2. 
In inclusionary developments, very-low-, low- and moderate-income units shall have access to all of the same common elements and facilities as the market-rate units.
c. 
Payments in lieu and off-site construction. Off-site construction of required affordable units shall not be permitted. Payments in lieu of constructing affordable units on-site shall not be permitted, with the exception of fractional units that are part of a required set-aside calculation, as follows:
In the event that the 20% inclusion set-aside percentage of the total number of residential units does not result in a full integer, the developer may choose one of two options of addressing the fractional unit:
1. 
If the set-aside includes a fractional unit equal to 0.5 or more, the developer shall round the set-aside upward to construct a whole additional affordable unit; or
2. 
If the set-aside includes a fractional unit less than 0.5, the developer may either round the set-aside upward and provide an additional affordable unit; or may round the set-aside downward and construct the lesser whole number of affordable units, in which case the developer shall also make a payment in-lieu of constructing the fractional additional unit ("fractional payment in-lieu").
The fractional payment in-lieu amount shall be calculated as the fractional unit multiplied by the base payment in-lieu dollar amount of $152,800.00 as may be increased. For Example: If seven (7) total units are developed at an inclusionary site, a 20% set-aside would require 1.4 affordable units. Per the requirements above, the developer shall either:
(a) 
Round up the 0.4 unit to one (1) whole affordable unit so as to construct a total of two (2) affordable housing units; or
(b) 
Round the set-aside downward so as to construct only (1) affordable unit AND shall pay into the Borough's affordable housing trust fund a fractional in-lieu payment equal to 0.4 times the dollar amount established in N.J.A.C. 5:97-6.4(c)3, as may be increased.
(c) 
Utilities. Affordable units shall utilize the same type of heating source as market units within the affordable development.
d. 
Low/Moderate Split and Bedroom Distribution of Affordable Housing Units:
1. 
The fair share obligation shall be divided equally between low- and moderate- income units N.J.A.C. 5:93-2.20, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit.
2. 
In each affordable development, at least 50 percent of the restricted units shall be affordable to low-income households. Also, at least 50 percent of the restricted units within each bedroom distribution shall be low-income units.
3. 
Within rental developments, of the total number of affordable rental units, at least 13 percent shall be affordable to very-low income households.
4. 
Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:
(a) 
The combined number of efficiency and one-bedroom units shall be no greater than 20 percent of the total very-low-, low- and moderate-income units;
(b) 
At least 30 percent of all very-low-, low- and moderate-income units shall be two-bedroom units;
(c) 
At least 20 percent of all very-low-, low- and moderate-income units shall be three- bedroom units; and
(d) 
The remaining affordable units may be allocated among 2- and 3-bedroom units at the discretion of the developer.
5. 
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. The standard may be met by having all one-bedroom units or by having a two- bedroom unit for each efficiency unit.
e. 
Accessibility Requirements:
1. 
The first floor of all restricted townhouse dwelling units and all restricted units in all other multi-family buildings shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7 and the following:
2. 
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:
(a) 
An adaptable toilet and bathing facility on the first floor;
(b) 
An adaptable kitchen on the first floor;
(c) 
An interior accessible route of travel on the first floor;
(d) 
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
(e) 
If not all of the foregoing requirements in paragraphs 2(a) through 2(d) 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 paragraphs 2(a) through 2(d) above have been satisfied, then an interior accessible route of travel shall not be required between stories within an individual unit; and
(f) 
An accessible entranceway as set forth at P.L. 2005, c.350 (N.J.S.A. 52:27D-31 la et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that the Borough has collected funds from the developer sufficient to make 10 percent of the adaptable entrances in the development accessible:
(1) 
Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.
(2) 
To this end, the builder of restricted units shall deposit funds within the Borough of Spring Lake Heights's affordable housing trust fund sufficient to install accessible entrances in 10 percent of the affordable units that have been constructed with adaptable entrances.
(3) 
The funds deposited under paragraph (e2(f)(2)) herein, shall be used by the Borough for the sole purpose of making the adaptable entrance of any 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.
(4) 
The developer of the restricted units shall submit a design plan and cost estimate for the conversion from adaptable to accessible entrances to the Construction Official of the Borough of Spring Lake Heights.
(5) 
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 Borough of Spring Lake Heights's affordable housing trust fund in care of the Chief Financial Officer who shall ensure that the funds are deposited into the affordable housing trust fund and appropriately earmarked.
(6) 
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.
f. 
Maximum Rents and Sales Prices. In conjunction with realistic market information, the following criteria shall be used in determining maximum rents and sale prices:
1. 
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 and the calculation procedures as approved by the Court and detailed herein.
g. 
Regional income units shall be established for the region that the Borough is located within (i.e., 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 Borough'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 percent 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 percent 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 percent 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.
1. 
The maximum rent for restricted rental units within each affordable development shall be affordable to households earning no more than 60 percent of median income, and the average rent for restricted very-low-, low- and moderate-income units shall be affordable to households earning no more than 52 percent of median income.
2. 
The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both very-low-, low-income and moderate-income units.
(a) 
Very-low-Income. At least 13 percent of all very-low-, low-, and moderate-income rental units shall be affordable to households earning no more than 30 percent of median income.
3. 
The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70 percent of median income, and each affordable development must achieve an affordability average of 55 percent for restricted ownership units; in achieving this affordability average, moderate-income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type.
4. 
In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units other than assisted living facilities, the following standards shall be met:
(a) 
A studio or efficiency unit shall be affordable to a one-person household;
(b) 
A one-bedroom unit shall be affordable to a one and one-half person household;
(c) 
A two-bedroom unit shall be affordable to a three-person household;
(d) 
A three-bedroom unit shall be affordable to a four and one-half person household; and
(e) 
A four-bedroom unit shall be affordable to a six-person household.
5. 
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 met:
(a) 
A studio or efficiency unit shall be affordable to a one-person household;
(b) 
A one-bedroom unit shall be affordable to a one and one-half person household; and
(c) 
A two-bedroom unit shall be affordable to a two-person household or to two one-person households.
6. 
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 percent of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 28 percent 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.
7. 
The initial rent for a restricted rental unit shall be calculated so as not to exceed 30 percent of the eligible monthly income of the appropriate household size 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.
8. 
The price of owner-occupied very-low-, low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the administrative agent be lower than the last recorded purchase price.
9. 
The rent of very low-, low- and moderate-income units may be increased annually based on the percentage increase in the Housing Consumer Price Index for the United States. This increase shall not exceed 9 percent in any one year. Rent increases for units constructed pursuant to very-low-, low-income housing tax credit regulations shall be indexed pursuant to the regulations governing low-income housing tax credits.
10. 
Tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance approved by DCA for its Section 8 program.
[Added 9-16-2024 by Ord. No. 2024-14]
For any affordable housing unit that is part of a condominium association and/or homeowners association, the Master Deed shall reflect that the association fee assessed for each affordable housing unit shall be established at 100 percent of the market rate fee.
[Added 9-16-2024 by Ord. No. 2024-14]
a. 
Purpose. The requirements of this subsection apply to all developments that contain affordable housing units, including any currently unanticipated future developments that will provide very-low-, low- and moderate-income housing units.
b. 
Affirmative Marketing.
c. 
The Borough shall adopt by resolution an Affirmative Marketing Plan, subject to approval of the Superior Court, compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented.
d. 
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 also 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 all marketing activities toward COAH Housing Region 4 and is required to be followed throughout the period of deed restriction.
e. 
The affirmative marketing plan shall provide a regional preference for all households that live and/or work in COAH Housing Region 4, comprised of Mercer, Monmouth and Ocean counties.
f. 
The municipality 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 re-rentals. The Administrative Agent designated by the Borough shall assure the affirmative marketing of all affordable units is consistent with the affirmative marketing plan for the municipality.
g. 
In implementing the affirmative marketing plan, the Administrative Agent shall provide a list of counseling services to very-low-, low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
h. 
The affirmative marketing process for available affordable units shall begin at least 4 months (120 days) prior to the expected date of occupancy.
i. 
The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner, unless otherwise determined or agreed to by the Borough of Spring Lake Heights.
j. 
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 municipality in which the units are located; and the developer's rental office. Applications shall be mailed to prospective applicants upon request.
k. 
In addition to other affirmative marketing strategies, the Administrative Agent shall provide specific notice of the availability of affordable housing units in Spring Lake Heights Borough, and copies of the application forms, to the following entities: Fair Share Housing Center, the New Jersey State Conference of the NAACP, the Latino Action Network, STEPS, OCEAN, Inc., the Greater Red Bank, Asbury Park/Neptune, Bayshore, Greater Freehold, Greater Long Branch, and Trenton Branches of the NAACP, and the Supportive Housing Association. JO. The affirmative marketing plan shall include posting of all affordable units on the New Jersey Housing Resource Center ("HRC") website in accordance with applicable law. The Borough also agrees to require any other entities, including developers or persons or companies retained to do affirmative marketing, to comply with this paragraph.
[Added 9-16-2024 by Ord. No. 2024-14]
a. 
In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the Administrative Agent shall strive to:
1. 
Provide an occupant for each bedroom;
2. 
Provide children of different sex with separate bedrooms;
3. 
Prevent more than 2 persons from occupying a single bedroom; and
4. 
Provide separate bedrooms for parents and children.
5. 
Additional provisions related to occupancy standards (if any) shall be provided in the municipal Operating Manual.
b. 
Selection of Occupants of Affordable Housing Units.
1. 
The Administrative Agent shall use a random selection process to select occupants of very-low-, low- and moderate-income housing.
2. 
A waiting list of all eligible candidates will be maintained in accordance with the provisions of N.J.A.C. 5:80-26.1 et seq.
c. 
Control Periods for Restricted Ownership Units and Enforcement Mechanisms.
1. 
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 thirty (30) years, until Spring Lake Heights Borough 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.
2. 
The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.
3. 
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 non-restricted, fair market value of the unit based on either an appraisal or the unit's equalized assessed value without the restrictions in place.
4. 
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, upon the first non-exempt sale after the unit's release from the restrictions set forth in this section, an amount equal to the difference between the unit's non-restricted 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.
5. 
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.
6. 
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.
d. 
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:
1. 
The initial purchase price for a restricted ownership unit shall be approved by the Administrative Agent.
2. 
The Administrative Agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.
3. 
The method used to determine the condominium association fee amounts and special assessments shall be indistinguishable between the very-low-, low- and moderate-income unit owners and the market unit owners.
4. 
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. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom. In no event shall the maximum sales price of an improved housing unit exceed the limits of affordability for the larger household.
5. 
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 10-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.
e. 
Buyer Income Eligibility.
1. 
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 percent of median income and moderate-income ownership units shall be reserved for households with a gross household income less than 80 percent of median income.
2. 
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 percent of the household's certified monthly income.
3. 
Notwithstanding the foregoing, the Administrative Agent may, upon approval by the Borough, and subject to the Court's approval, permit a moderate-income purchaser to buy a low-income unit if and only if the Administrative Agent can demonstrate that there is an insufficient number of eligible low-income purchasers in the housing region to permit prompt occupancy of the unit and all other reasonable efforts to attract a low income purchaser, including pricing and financing incentives, have failed. Any such low- income unit that is sold to a moderate-income household shall retain the required pricing and pricing restrictions for a low-income unit.
4. 
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.
f. 
Limitations on Indebtedness Secured by Ownership Unit; Subordination.
1. 
Prior to incurring any indebtedness to be secured by a restricted ownership unit, the administrative agent shall determine 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.
2. 
With the exception of original purchase money mortgages, during a control period 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 percent of the maximum allowable resale price of that unit as such price is determined by the administrative agent in accordance with N.J.A.C. 5:80-26.6(b).
g. 
Control Periods for Restricted Rental Units.
1. 
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 ordinance for a period of at least 30 years, until Spring Lake Heights Borough 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.
2. 
Rehabilitated renter-occupied or owner-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of 10 years.
3. 
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. A copy of the filed document shall be provided to the Administrative Agent within 30 days of the receipt of a Certificate of Occupancy.
4. 
A restricted rental unit shall remain subject to the affordability controls of this section, despite the occurrence of any of the following events:
(a) 
Sublease or assignment of the lease of the unit;
(b) 
Sale or other voluntary transfer of the ownership of the unit; or
(c) 
The entry and enforcement of any judgment of foreclosure on the property containing the unit.
h. 
Rent Restrictions for Rental Units; Leases.
1. 
A written lease shall be required for all restricted rental units, except for units in an assisted living residence, 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.
2. 
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.
3. 
Application fees (including the charge for any credit check) shall not exceed 5 percent of the monthly rent of the applicable restricted unit and shall be payable to the Administrative Agent to be applied to the costs of administering the controls applicable to the unit as set forth in this section.
4. 
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 20% of the total number of dwelling units are restricted rental units in compliance with this ordinance.
i. 
Tenant Income Eligibility. 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 percent of regional 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 percent of regional median income by household size.
3. 
Moderate-income rental units shall be reserved for households with a gross household income less than 80 percent of regional median income by household size.
4. 
The Administrative Agent shall certify a household as eligible for a restricted rental unit when the household is a very-low-income, low-income household or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35 percent (40 percent 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:
(a) 
The household currently pays more than 35 percent (40 percent for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;
(b) 
The household has consistently paid more than 35 percent (40 percent for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;
(c) 
The household is currently in substandard or overcrowded living conditions;
(d) 
The household documents the existence of assets with which the household proposes to supplement the rent payments; or
(e) 
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. The applicant shall file documentation sufficient to establish the existence of the circumstances in paragraphs i4(a)-(e) above with the Administrative Agent, who shall counsel the household on budgeting.
j. 
Conversions. Each housing unit created through the conversion of a non-residential structure shall be considered a new housing unit and shall be subject to the affordability controls for a new housing unit.
k. 
Alternative Living Arrangements.
The administration of an alternative living arrangement shall be in compliance with N.J.A.C. 5:93-5.8 and UHAC, with the following exceptions:
1. 
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;
2. 
Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3).
3. 
With the exception of units established with capital funding through a 20- year operating contract with the Department of Human Services, Division of Developmental Disabilities, alternative living arrangements shall have at least 30-year controls on affordability in accordance with UHAC, unless an alternative commitment is approved by the Court. 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.
[Added 9-16-2024 by Ord. No. 2024-14]
a. 
Unnecessary Cost-Generating Features. Section 14(b) of the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. incorporates the need to eliminate unnecessary cost-generating features from Spring Lake Heights Borough's land use ordinances. Accordingly, the Borough will eliminate development standards that are not essential to protect the public welfare and to expedite or fast-tract municipal approvals/denials of inclusionary development applications. Spring Lake Heights Borough will adhere to the components of N.J.A.C. 5:93-10.1-10.3.
b. 
Municipal Housing Liaison.
1. 
The Borough shall appoint a Municipal Housing Liaison by duly adopted resolution of the Borough and be subject to the approval by the Superior Court.
2. 
The Municipal Housing Liaison must be either a full-time or part-time employee of the Borough of Spring Lake Heights.
3. 
The Municipal Housing Liaison must meet the requirements for qualifications, including initial and periodic training found in N.J.A.C. 5:93.
4. 
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Borough of Spring Lake Heights, including the following responsibilities which may not be contracted out to the Administrative Agent:
(a) 
Serving as the municipality's primary point of contact for all inquiries from the State, affordable housing providers, Administrative Agents and interested households;
(b) 
The implementation of the Affirmative Marketing Plan and affordability controls;
(c) 
When applicable, supervising any contracting Administrative Agent;
(d) 
Monitoring the status of all restricted units in the Borough of Spring Lake Heights's Fair Share Plan;
(e) 
Compiling, verifying and submitting annual reports as required by the Court and this ordinance;
(f) 
Coordinating meetings with affordable housing providers and Administrative Agents, as applicable; and
(g) 
Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing as approved by the Superior Court.
c. 
Administrative Agent.
1. 
Should affordable units be developed through any of the Borough's Unmet Need mechanisms, the Borough shall designate by resolution of the Borough, subject to the approval of the Court, one or more Administrative Agents to administer and to affirmatively market the affordable units in accordance with N.J.A.C. 5:93, UHAC and this section.
2. 
An Operating Manual for each program shall be provided by the Administrative Agent(s) to be adopted by resolution of the Governing Body and subject to approval of the Superior Court. The Operating Manuals shall be available for public inspection in the Office of the Municipal Clerk, the Municipal Housing Liaison, and in the office(s) of the Administrative Agent(s).
3. 
The Administrative Agent(s) shall perform the duties and responsibilities of an administrative agent as are set forth in UHAC and which are described in full detail in the Operating Manual, including those set forth in N.J.A.C. 5:80- 26.14, 16 and 18 thereof, which includes:
(a) 
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing at least annually and more often as needed.
(b) 
Affirmative marketing:
(1) 
Conducting an outreach process to affirmatively market affordable housing units in accordance with the Affirmative Marketing Plan of the Borough of Spring Lake Heights and the provisions of N.J.A.C. 5:80-26.15; and
(2) 
Providing counseling or contracting to provide counseling services to very-low, low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
(3) 
Household certification:
(i) 
Soliciting, scheduling, conducting and following up on interviews with interested households;
(ii) 
Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a very-low-, low- or moderate-income unit;
(iii) 
Providing written notification to each applicant as to the determination of eligibility or non-eligibility;
(iv) 
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.;
(v) 
Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located; and
(vi) 
Employing a random selection process as provided in the Affirmative Marketing Plan of the Borough of Spring Lake Heights when referring households for certification to affordable units.
4. 
Affordability controls:
(a) 
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;
(b) 
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;
(c) 
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 Monmouth County Clerk's office after the termination of the affordability controls for each restricted unit;
(d) 
Communicating with lenders regarding foreclosures; and
(e) 
Ensuring the issuance of Continuing Certificates of Occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
5. 
Records retention; Per State of New Jersey, Municipal Agencies General Records Retention Schedule, subsection M500000-002, Municipal Housing and Development records retention guidelines.
6. 
Resale and re-rental:
(a) 
Instituting and maintaining an effective means of communicating information between owners and the Administrative Agent regarding the availability of restricted units for resale or re-rental; and
(b) 
Instituting and maintaining an effective means of communicating information to low- (or very-low-) and moderate-income households regarding the availability of restricted units for resale or re-rental.
7. 
Processing requests from unit owners:
(a) 
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;
(b) 
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;
(c) 
Notifying the municipality of an owner's intent to sell a restricted unit; and
(d) 
Making determinations on requests by owners of restricted units for hardship waivers.
8. 
Enforcement, although the ultimate responsibility for retaining controls on the units rests with the municipality:
(a) 
Securing annually from the municipality a list of all affordable for- sale 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;
(b) 
Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgment 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;
(c) 
Posting annually, in all rental properties (including two-family homes), 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;
(d) 
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;
(e) 
Establishing a program for diverting unlawful rent payments to the municipality's Affordable Housing Trust Fund; and
(f) 
Creating and publishing a written operating manual for each affordable housing program administered by the Administrative Agent, to be approved by the Borough and the Court, setting forth procedures for administering the affordability controls.
9. 
Preparation of monitoring reports for submission to the Municipal Housing Liaison in time to meet the Court-approved monitoring and reporting requirements in accordance with the deadlines set forth in this section; and
10. 
The Administrative Agent shall, as delegated by the Borough, have the authority to take all actions necessary and appropriate to carry out its responsibilities, hereunder.
d. 
Enforcement of Affordable Housing Regulations.
1. 
Upon the occurrence of a breach of any of the regulations governing the affordable unit by an Owner, Developer or Tenant, the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entity on the premises, and specific performance.
2. 
After providing written notice of a violation to an Owner, Developer or Tenant of a very-low-, low- or moderate-income unit and advising the Owner, Developer or Tenant of the penalties for such violations, the municipality may take the following action against the Owner, Developer or Tenant for any violation that remains uncured for a period of 60 days after service of the written notice:
(a) 
The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations governing the affordable housing unit. If the Owner, Developer or Tenant is found 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:
(1) 
A fine of not more than five hundred ($500.00) dollars or imprisonment for a period not to exceed 90 days, or both. Each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense;
(2) 
In the case of an Owner who has rented his or her very-low-, low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Borough of Spring Lake Heights Affordable Housing Trust Fund of the gross amount of rent illegally collected;
(3) 
In the case of an Owner who has rented his or her 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.
(b) 
The municipality may file a court action in the Superior Court seeking a judgment, which would result in the termination of the Owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if the same were a judgment of default of the First Purchase Money Mortgage and shall constitute a lien against the very-low-, low- and moderate-income unit.
3. 
Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the very-low-, low- and moderate-income unit of the violating Owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any First Purchase Money Mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating Owner shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale.
4. 
The proceeds of the Sheriffs sale shall first be applied to satisfy the First Purchase Money Mortgage lien and any prior liens upon the very-low-, low- and moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriffs sale. In the event that the proceeds from the Sheriffs sale are insufficient to reimburse the municipality in full as aforesaid, the violating Owner shall be personally responsible for and to the extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the municipality for the Owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the Owner shall make a claim with the municipality for such.
Failure of the Owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the Owner or forfeited to the municipality.
5. 
Foreclosure by the municipality due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to the very-low-, low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriffs 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 Sheriffs sale shall not be entitled to any right of redemption.
6. 
If there are no bidders at the Sheriffs sale, or if insufficient amounts are bid to satisfy the First Purchase Money Mortgage and any prior liens, the municipality may acquire title to the very-low-, 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 very-low-, 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.
7. 
Failure of the very-low-, low- and moderate-income unit to be either sold at the Sheriffs sale or acquired by the municipality shall obligate the Owner to accept an offer to purchase from any qualified purchaser which may be referred to the Owner by the municipality, with such offer to purchase being equal to the maximum resale price of the very-low-, low- and moderate-income unit as permitted by the regulations governing affordable housing units.
8. 
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.
e. 
Appeals. Appeals from all decisions of an Administrative Agent designated pursuant to this section shall be filed in writing to the Borough.
[Added 9-16-2024 by Ord. No. 2024-13]
a. 
Purpose.
1. 
In Holmdel Builder's Association V. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules.
2. 
Pursuant to P.L. 2008, c.46 section 8 (C. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (C. 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 or court approved spending plan may retain fees collected from non-residential development.
3. 
In Re: Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable Housing, 221 N.J. 1 (2015), also known as the Mount Laurel IV decision, the Supreme Court remanded COAH's duties to the Superior Court. As a result, affordable housing development fee collections and expenditures from the municipal affordable housing trust funds to implement municipal Third Round Fair Share Plans through July 1, 2025, are under the Court's jurisdiction and are subject to approval by the Court.
4. 
This subsection establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's regulations and in accordance P.L. 2008, c.46, Sections 8 and 32-38. Fees collected pursuant to this ordinance shall be used for the sole purpose of providing low- and moderate-income housing. This subsection shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. 5:97-8.
b. 
Definitions.
1. 
The following terms, as used in this subsection, shall have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT
Means 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 percent affordable development.
COAH or the COUNCIL
Means the New Jersey Council on Affordable Housing established under the Fair Housing Act.
DEVELOPER
Means 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.
DEVELOPMENT FEE
Means money paid by a developer for the improvement of property as authorized by Holmdel Builder's Association v. Holmdel Borough, 121 N.J. 550 (1990) and the Fair Housing Act of 1985, N.J.S.A. 52:27d-301, et seq., and the NJ Statewide Non-Residential Development Fee Act, P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.1 et seq.), regulated by applicable COAH regulations.
EQUALIZED ASSESSED VALUE
Means the assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with sections 1, 5, and 6 of P.L. 1973, c.123 (C. 54:1-35a through C.54:1-35c).
GREEN BUILDING STRATEGIES
Means 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.
c. 
Residential Development Fees:
1. 
Imposed Fees.
(a) 
Within the residential district(s), residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of on one and one-half percent (1.5%) of the equalized assessed value for residential development provided no increased density is permitted.
(b) 
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers shall be required to pay a development fee of six percent (6%) of the equalized assessed value for each additional unit that may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.
2. 
Eligible exactions, ineligible exactions and exemptions for residential development.
(a) 
Affordable housing developments, developments where the developer is providing for the construction of affordable units elsewhere in the municipality, and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.
(b) 
Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.
(c) 
Owner-occupied residential structures demolished and replaced as a result of a fire, flood, or natural disaster shall be exempt from paying a development fee.
(d) 
Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced, or is expanded, 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 improved structure.
(e) 
Developers of one or two family owner occupied dwelling units and green buildings shall be subject to a reduced fee of fifty percent (50%).
(f) 
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.
(g) 
Federal, state, county and local governments shall be exempted from paying a development fee.
d. 
Non-Residential Development Fees.
1. 
Imposed fees.
(a) 
Within all zoning districts, non-residential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to two and one-half percent (2.5%) of the equalized assessed value of the land and improvements, for all new non-residential construction on an unimproved lot or lots.
(b) 
Non-residential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to two and one-half percent (2.5%) of the increase in equalized assessed value resulting from any additions to existing structures to be used for non-residential purposes.
(c) 
Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of two and a half percent (2.5%) shall be calculated on the difference between the equalized assessed value of the pre-existing land and improvement and the equalized assessed value of the newly improved structure, i.e., land and improvement, at the time final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the non-residential development fee shall be zero.
2. 
Eligible exactions, ineligible exactions and exemptions for non-residential development.
(a) 
The non-residential portion of a mixed-use inclusionary or market rate development shall be subject to the two and a half percent (2.5%) development fee, unless otherwise exempted below.
(b) 
The two and one-half percent (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.
(c) 
Non-residential developments shall be exempt from the payment of non-residential development fees in accordance with the exemptions required pursuant to P.L. 2008, c.46, as specified in the Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" Form. Any exemption claimed by a developer shall be substantiated by that developer.
(d) 
A developer of a non-residential development exempted from the non-residential development fee pursuant to P.L. 2008, c.46 shall be subject to it at such time the basis for the exemption no longer applies, and shall make the payment of the non-residential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the non-residential development, whichever is later.
(e) 
If a property which was exempted from the collection of a non-residential 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 forty-five (45) days of the termination of the property tax exemption. Unpaid non-residential development fees under these circumstances may be enforceable by Spring Lake Heights as a lien against the real property of the owner.
e. 
Collection Procedures.
1. 
Upon the granting of a preliminary, final or other applicable approval, for a development, the applicable approving authority shall direct its staff to notify the construction official or Zoning Officer whomever is responsible for the issuance of a building permit.
2. 
For non-residential developments only, the developer shall also be provided with a copy of Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" to be completed as per the instructions provided. The developer of a non-residential development shall complete Form N-RDF as per the instructions provided. The construction official shall verify the information submitted by the non-residential developer as per the instructions provided in the Form N-RDF. The Tax assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
3. 
The construction official responsible for the issuance of a building permit shall notify the local tax assessor of the issuance of the first building permit for a development which is subject to a development fee.
4. 
Within ninety (90) days of receipt of that notice, the municipal tax assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.
5. 
The construction official responsible for the issuance of a final certificate of occupancy notifies the local assessor of any and all requests for the scheduling of a final inspection of property which is subject to a development fee.
6. 
Within ten (10) business days of a request for the scheduling of a final inspection, the municipal assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.
7. 
Should Spring Lake Heights fail to determine or notify the developer of the amount of the development fee within ten (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 (C.40:55D-8.6).
8. 
Fifty percent (50%) of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.
9. 
Appeal of development fees.
(a) 
A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest-bearing escrow account by Spring Lake Heights. 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, R.S.54:48-1 et seq., within ninety (90) days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
(b) 
A developer may challenge non-residential 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 forty-five (45) days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by Spring Lake Heights. 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, R.S.54:48-1 et seq., within ninety (90) days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
f. 
Affordable Housing Trust Fund.
1. 
There is hereby created a separate, interest-bearing housing trust fund to be maintained by the chief financial officer for the purpose of depositing development fees collected from residential and non-residential developers and proceeds from the sale of units with extinguished controls.
2. 
The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:
(a) 
Payments in lieu of on-site construction of affordable units;
(b) 
Developer contributed funds to make ten percent (10%) of the adaptable entrances in a townhouse or other multistory attached development accessible;
(c) 
Rental income from municipally operated units;
(d) 
Repayments from affordable housing program loans;
(e) 
Recapture funds;
(f) 
Proceeds from the sale of affordable units;
(g) 
Development fees; and
(h) 
Any other funds collected in connection with Spring Lake Heights's affordable housing program.
3. 
In the event of a failure by the Borough to comply with trust fund monitoring and reporting requirements or to submit accurate monitoring reports; or a failure to comply with the conditions of the judgment of compliance or a revocation of the judgment of compliance; or a failure to implement the approved Spending Plan and to expend funds within the applicable required time period as set forth in In re Tp. of Monroe, 442 N.J. Super. 565 (Law Div. 2015) (aft. d 442 N.J. Super. 563); or the expenditure of funds on activities not approved by the Court; or for other good cause demonstrating the unapproved use(s) of funds, the Court may authorize the State of New Jersey, Department of Community Affairs, Division of Local Government Services (LGS), to direct the manner in which the funds in the Affordable Housing Trust Fund shall be expended, provided that all such funds shall, to the extent practicable, be utilized for affordable housing programs within Spring Lake Heights, or, if not practicable, then within the County or the Housing Region.
4. 
Any party may bring a motion before the Superior Court presenting evidence of such condition(s), and the Court may, after considering the evidence and providing the municipality a reasonable opportunity to respond and/or to remedy the non-compliant condition(s), and upon a finding of continuing and deliberate non-compliance, determine to authorize LGS to direct the expenditure of funds in the Trust Fund. The Court may also impose such other remedies as may be reasonable and appropriate to the circumstances.
5. 
All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH or court of competent jurisdiction.
g. 
Use of Funds.
1. 
The expenditure of all funds shall conform to a spending plan approved by COAH or court of competent jurisdiction. Funds deposited in the housing trust fund may be used for any activity approved by COAH or court of competent jurisdiction, to address Spring Lake Heights's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, or regional housing partnership programs, conversion of existing non-residential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of the Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through 8.9 and specified in the approved spending plan.
2. 
Funds shall not be expended to reimburse Spring Lake Heights for past housing activities.
3. 
At least thirty (30%) of all development fees collected, and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30 percent or less of median income by region.
(a) 
Affordability assistance programs may include down payment assistance, security deposit assistance, low interest loans, rental assistance, assistance with home-owners association or condominium fees and special assessments, and assistance with emergency repairs.
(b) 
Affordability assistance to households earning 30 percent 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 percent or less of median income.
(c) 
Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
4. 
The Borough may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.
5. 
No more than twenty percent (20%) of all revenues collected from development fees, may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than twenty percent (20%) of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH or court of competent jurisdiction's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to COAH's regulations and/or action are not eligible uses of the affordable housing trust fund.
h. 
Monitoring.
1. 
On December 31, 2024, and on every anniversary of that date thereafter through 2025, Spring Lake Heights shall provide annual reporting of the status of all affordable housing activity within the municipality through posting on the municipal website with a copy of such posting provided FSHC, using forms previously developed for this purpose by the Council on Affordable Housing or any other forms endorsed by the Special Master and FSHC. By December 31,2024, Spring Lake Heights shall post on its municipal website, with a copy provided to FSHC, a status as to its satisfaction of its very-low-income requirements, including requirements contained herein.
i. 
Ongoing collection of fees.
1. 
The ability for the Borough to impose, collect and expend development fees shall expire with its Judgment of Compliance and Repose. If the Borough fails to renew its ability to impose and collect development fees prior to the expiration of its Judgment of Compliance and Repose 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 (C.52:27D-320). The Borough shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its Judgment of Compliance and Repose, nor shall the Borough retroactively impose a development fee on such a development. The Borough shall not expend development fees after the expiration of its Judgment of Compliance and Repose.
[Prior § 22-651, Affordable Housing Board, was repealed 9-16-2024 by Ord. No. 2024-14. History includes Ord. #18-1990.]
[Ord. #3-2000 § A]
The purpose of this section is to establish guidelines for the siting of wireless telecommunications towers and antennas and ancillary facilities. The goals of this section are to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers on Borough owned property where appropriate; (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single- use towers; (5) encourage the use of existing buildings, telecommunications towers, light or utility poles, or water towers as opposed to construction of new telecommunications towers; (6) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (7) ensure that all telecommunication facilities, including towers, antennas and ancillary facilities are located and designed to minimize the visual impact on the immediate surroundings and throughout the community by encouraging users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; (8) enhance the ability of providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (9) consider the public health and safety of telecommunications towers; and (10) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these purposes, the Borough of Spring Lake Heights shall give due consideration to the Borough of Spring Lake Height's master plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.
[Ord. #3-2000 § B]
As used in this section the following items shall have the meanings indicated:
ALTERNATIVE TOWER STRUCTURE
Shall mean man-made trees, clock towers, bell steeples, flag poles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANCILLARY FACILITIES
Shall mean the buildings, cabinets, vaults, closures and equipment required for operation of telecommunications systems including but not limited to repeaters, equipment housing, and ventilation and other mechanical equipment.
ANTENNA
Shall mean any exterior apparatus designed for telephone, radio or television communications through the sending and receiving of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Parabolic dish antennas used for satellite communications shall not be included within this definition.
BACKHAUL NETWORK
Shall mean the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
BUFFER AREA
Shall mean surrounding a telecommunications tower and ancillary facilities which lies between the tower and adjacent lot lines and/or land uses.
CARRIER
Shall mean a company that provides wireless services.
CO-LOCATION
Shall mean when two or more receiving and/or transmitting facilities are placed together in the same location or on the same antenna support structure.
FAA
Shall mean the Federal Aviation Administration.
FALL ZONE
Shall mean the area on the ground within a prescribed radius from the base of a wireless telecommunications tower. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing of the structure or portion thereof.
FCC
Shall mean the Federal Communications Commission.
FUNCTIONALLY EQUIVALENT SERVICES
Shall mean Cellular Radio, Personal Communication Service (PCS), Enhanced Specialized Mobile Radio, Specialized Mobile Radio and Paging, Commercial Land Mobile Radio and additional emerging technologies.
GUYED TOWER
Shall mean a tower, which is supported or braced through the use of cables (guy wires) which are permanently anchored.
HEIGHT
Shall mean, when referring to a tower, the vertical distance measured from the lowest finished grade at the base of the tower to the highest point on the tower, even if said highest point is an antenna.
LATTICE TOWER
Shall mean a type of mount that is self- supporting with multiple legs and cross-bracing of structural steel.
MONOPOLE
Shall mean the type of mount that is self- supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the upper portions of pole.
MOUNT
Shall mean the structure or surface upon which antennas are mounted, including the following four types of mounts:
a. 
Roof-mounted. Mounted on the roof of a building.
b. 
Side-mounted. Mounted on the side of a building.
c. 
Ground-mounted. Antenna support (tower) mounted on the ground.
d. 
Structure-mounted. Mounted on a structure other than a building.
PERSONAL WIRELESS SERVICE FACILITY
Shall mean a facility for the provision of personal wireless services, as defined by the Telecommunications Act of 1996.
PRE-EXISTING TOWERS AND PRE-EXISTENCE ANTENNAS
Shall mean any tower or antenna for which a building permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have been approved but have not yet been constructed so long as approval is current and not expired.
RADIO FREQUENCY RADIATION (RFR)
For the purposes of this section shall mean the emissions from personal wireless service facilities or any electromagnetic energy within the frequency range from 0.003 MHz to 300,000 MHz.
STEALTH DESIGN
Shall mean a telecommunication facility that is designed or located in such a way that the facility is not readily recognizable as telecommunications equipment (see Alternative Tower Structure).
TELECOMMUNICATION FACILITY
Shall mean a facility designed and used for the purpose of transmitting, receiving, and relaying voice and data signals from various wireless communication devices including transmission towers, antennas and ancillary facilities. For purposes of this section, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio broadcasts are not telecommunication facilities.
TELECOMMUNICATIONS OR TRANSMISSION TOWER
Shall mean the monopole or lattice framework designed to support transmitting and receiving antennas. For purposes of this section, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio signals are not transmission towers.
WIRELESS COMMUNICATIONS
Shall mean any personal wireless services as defined in the Federal Telecommunications Act of 1996 which includes FCC licensed commercial wireless telecommunications services including cellular, personal communications services (PCS), specialized mobile radio (ESMR), paging, and similar services that currently exist or may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas, nor does it include noncellular telephone service.
[Ord. #3-2000 § C]
a. 
New Towers and Antennas. All new telecommunications towers or antennas in the Borough of Spring Lake Heights shall be subject to these regulations.
b. 
Pre-existing Towers or Antennas. Pre-existing telecommunications towers and pre-existing antennas shall not be required to meet the requirements of this section, other than the requirements of subsections 22-652.10 and 22-652.11 absent any enlargement or structural modification or the addition of any antennas.
c. 
District Height Limitations. The requirements set forth in this section shall govern the location of telecommunications towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district.
d. 
Public Property. Antennas or towers located on property owned, leased or otherwise controlled by the governing authority and which is not used for recreational purposes, shall be encouraged, provided a license or lease authorizing such antenna or tower has been approved by Resolution by the governing authority. Said approved publicly owned site utilized for the purposes of constructing towers and/or antennas shall be treated as engaging in a conditional use under this section.
e. 
Amateur Radio Station Operators/Receive Only Antennas. This section shall not govern any tower, or the installation of any antenna, that is under 50 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.
f. 
Satellite Dish Antennas. This section shall not govern any parabolic dish antennas used for transmission of radio signals associated with satellites.
[Ord. #3-2000 § D; Ord. #22-2005]
a. 
Principal or Accessory Use. Telecommunications antennas and towers may be considered either principal or accessory uses. Notwithstanding any other Borough Land Use Regulation, a different existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be its principal use.
b. 
Lot Size. For purposes of determining whether the installation of a tower or antenna complies with zone development regulations, including but not limited to setback requirements, building coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
c. 
State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within 90 days of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers and antennas into compliance with revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
d. 
Building Codes: Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for towers that are published by the Electronic Industries Association and Telecommunications Industry Association, as amended from time to time. Owner shall provide a certification from a structural engineer, licensed by the State of New Jersey, certifying the structural integrity of the tower not less than every two years. If, upon inspection, the Borough of Spring Lake Heights concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
e. 
Not Essential Service. Telecommunications towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.
f. 
Co-Location Required. The Borough of Spring Lake Heights mandates that carriers co-locate antennas on towers and other structures whenever possible. See subsection 22-652.7 for co-location requirements.
g. 
Conditional Use. All telecommunications facilities shall be conditional uses in accordance with N.J.S.A. 40:55D-67.
h. 
Site Plan Required. Site plan approval shall be required for all new telecommunications facilities in the Borough of Spring Lake Heights including modifications to or addition of new telecommunications facilities to preexisting towers, buildings or other structures.
[Ord. #3-2000 § E]
a. 
Conditional Use. Wireless telecommunications facilities are permitted as conditional uses on lands owned by Spring Lake Heights Borough or any other public entity within the Borough of Spring Lake Heights provided said lands are not used for recreational purposes.
b. 
Conditional Use Standard. Wireless telecommunications facilities may be permitted on the above referenced lands provided that:
1. 
The minimum lot size on which the telecommunications facility is to be located is at least 1/2 acre in area.
2. 
Lattice towers and any type of guyed tower are prohibited.
3. 
Telecommunications towers shall be limited to monopoles without guys designed to ultimately accommodate at least three carriers and shall meet the following height and usage criteria:
(a) 
For a single carrier, up to 75 feet in height;
(b) 
For two or more carriers, up to 100 feet in height.
c. 
Factors Considered in Granting Conditional Use Permits. In addition to the above standards, the Planning Board shall consider the following factors in determining whether to issue a conditional use permit:
1. 
Proximity to residential structures and residential boundaries;
2. 
Nature of uses on adjacent and nearby properties;
3. 
Surrounding topography;
4. 
Surrounding tree coverage and foliage;
5. 
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness including stealth designs which are encouraged;
6. 
Availability of suitable existing towers, alternative tower structures, other structures or alternative technologies not requiring the use of towers or structures;
7. 
Availability of proposed tower to other potential carriers.
This list is considered to be illustrative in nature and may not include all factors to be considered.
[Ord. #3-2000 § F]
The following site design standards shall apply to wireless telecommunications facilities:
a. 
New Towers.
1. 
Telecommunications towers may not be located closer than 50 feet to any residential property. Antennas located on pre-existing buildings or structures are exempt from this requirement.
2. 
Fall Zone. A fall zone shall be established such that the tower is setback 125% of the height from any adjoining lot line or non-appurtenant building.
3. 
Security Fencing. Towers shall be enclosed by security fencing not less than six feet in height. Towers shall also be equipped with appropriate anti-climbing measures.
4. 
Landscaping. The following requirements shall govern the landscaping surrounding towers:
(a) 
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences or planned residences or any other area frequented by the public. The standard buffer shall consist of a landscaped strip at least 10 feet wide outside the perimeter of the compound. However, at a minimum, the facility should be shielded from public view by evergreen trees at least eight feet high at planting and planted in staggered double rows 15 feet on center.
(b) 
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced at the sole discretion of the approving authority.
(c) 
Existing mature tree growth and natural land forms in the site shall be preserved to the maximum extent possible.
5. 
Ancillary buildings. Any proposed building enclosing related electronic equipment shall not be more than 10 feet in height nor more than 200 square feet in area, and only one such building shall be permitted on the lot for each provider of wireless telecommunication services located on the site. Such buildings must satisfy the minimum zoning district requirements for accessory structures.
6. 
Aesthetic. Towers and antennas shall meet the following requirements:
(a) 
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(b) 
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
7. 
Lighting. No lighting is permitted except as follows, which shall be subject to review and approval by the Planning Board as part of the site plan application:
(a) 
The building enclosing electronic equipment may have one light at the entrance to the building, provided that the light is attached to the building, is focused downward, properly shielded and is switched so that the light is turned on only when workers are at the building; and
(b) 
No lighting is permitted on a tower except lighting that specifically is required by the Federal Aviation Administration (FAA), and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.
8. 
Signs. No signs are permitted except those required by the Federal Communications Commission (FCC), the Electronic Industries Association (EIA) and/or the Telecommunication Industry Association (TIA) or by law, such as warning and equipment information signs.
9. 
All ground-mounted telecommunication towers shall be self-supported monopoles and must be capable of withstanding 140 mile per hour hurricane force winds or per local codes, whichever is more stringent.
b. 
Antennas on existing towers. An antenna may be attached to a pre-existing tower and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such co-location is accomplished in a manner consistent with the following:
1. 
A tower which is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower, unless reconstruction as a monopole is proposed.
2. 
An existing tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this section.
3. 
Onsite location.
(a) 
A tower which is being rebuilt to accommodate the co-location of an additional antenna may be moved within 50 feet of its existing location, subject to conformance with setback requirements.
(b) 
After the tower is rebuilt to accommodate colocation, only one tower may remain on the site.
c. 
Noise Standards. Noise attenuation measures shall be included to reduce noise levels at the facility to a maximum exterior level of 60 decibels. Backup generators may only be operated during power outages and for testing and maintenance purposes.
[Ord. #3-2000 § G]
a. 
The Borough of Spring Lake Heights requires that licensed carriers share personal wireless service facilities and sites where feasible and appropriate, thereby reducing the number of personal wireless service facilities that are stand-alone facilities. All applicants for an individual wireless service facility shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes:
1. 
A survey of all existing structures that may be feasible sites for co-locating personal wireless service facilities;
2. 
Notification by certified mail of intent to seek site plan approval to all other licensed centers for commercial mobile radio services operating in the County; and
3. 
Sharing information necessary to determine if colocation is feasible under the design configuration most accommodating to co-location.
b. 
In the event that co-location is found to be not technically feasible, a written statement of the reasons for the infeasibility shall be submitted to the Borough Clerk and the Planning Board. The Borough may retain a technical expert in the field of RF engineering to certify if co-location at the site is not feasible given the design configuration most accommodating to co-location. The cost for such a technical expert will be at the expense of the applicant. The Borough may deny approval to an applicant that has not demonstrated a good faith effort to provide for co-location.
c. 
If the applicant does intend to co-locate or to permit colocation, plans and elevations which show the ultimate appearance and operation of the personal wireless service facility at full build-out shall be submitted.
[Ord. #3-2000 § H]
Wireless telecommunication facilities shall be located and approved in accordance with the following prioritized locations:
a. 
The first priority shall be an existing tower or an existing or proposed water tower or standpipe owned by the Borough of Spring Lake Heights or any other public or private utility within or near the Borough of Spring Lake Heights.
b. 
The second priority shall be new towers on lands owned by the Borough of Spring Lake Heights or other public entity provided said lands are not used for recreational purposes.
[Ord. #3-2000 § I]
a. 
Comprehensive Service Plan.
In order to provide evidence that any proposed location of wireless telecommunications antennas (and any supporting tower and/or ancillary building enclosing related electronic equipment) has been planned to result in the fewest number of towers within the Borough of Spring Lake Heights at the time full service by the applicant throughout the Borough, the applicant shall submit a Comprehensive Service Plan. Said Comprehensive Service Plan shall indicate how the applicant proposes to provide full service throughout the Borough and, to the greatest extent possible, said service plan shall also indicate how the applicant's plan is coordinated with the needs of all other providers of telecommunication services within the Borough of Spring Lake Heights. The Comprehensive Service Plan shall indicate the following:
1. 
Whether the applicant's subscribers can receive adequate service from antennas located outside of the borders of the Borough of Spring Lake Heights.
2. 
How the proposed location of the antennas relates to the location of any existing wireless telecommunications facility within and/or near the Borough of Spring Lake Heights.
3. 
How the proposed location of the antennas relates to the anticipated need for additional antennas and supporting towers within and/or near the Borough of Spring Lake Heights by both the applicant and by other providers of telecommunication services within the Borough of Spring Lake Heights.
4. 
How the proposed location of the antennas relates to the objective of co-locating the antennas of different service carriers on the same facility.
5. 
How the proposed location of the antennas relates to the overall objective of providing full telecommunication services within the Borough of Spring Lake Heights while, at the same time, limiting the number of towers to the fewest possible.
b. 
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses, structures and zoning, adjacent land uses, structures and zoning (including when adjacent to other municipalities), and all other properties within the applicable fall zone, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structure, topography, parking and other information deemed by the Planning Board and Borough Engineer to be necessary to assess compliance with this section.
c. 
Legal description of the entire tract and leased parcel (if applicable).
d. 
The setback distance between the proposed tower and the nearest residential unit and residentially zoned properties.
e. 
The separation distance from other towers and antennas.
f. 
A landscape plan showing specific landscape materials including, but not limited to, species type, size, spacing and existing vegetation to be removed or retained.
g. 
Method of fencing and finished color and, if applicable, the method of camouflage.
h. 
A description of compliance with all applicable federal, state or local laws.
i. 
A notarized statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.
j. 
Identification of the entities providing the backhaul network for the tower(s) described in the application and other telecommunication sites owned or operated by the applicant in the immediate area of the Borough.
k. 
A letter of commitment to lease excess space to other potential users at prevailing market rates and conditions. The letter of commitment shall be in a form suitable for recording with the County Clerk prior to the issuance of any permit and shall commit the tower owner(s), property owner(s) and their successors in interest.
l. 
A visual impact study containing, at a minimum, a photographic simulation showing the appearance of the proposed tower, antennas, and ancillary facilities from at least five points within a 1/2 mile radius. Such points shall be chosen by the carrier with review and approval by the Planning Board and their Consultant to ensure that various potential views are represented.
m. 
An analysis of the RFR levels at the facility as a means of assessing compliance with the FCC RF safety criteria. This analysis shall:
1. 
Take into consideration all co-located radio transmitting antennas and/or nearby antennas that could contribute to RFR levels at the facility.
2. 
Be performed by an RF engineer, health physicist or similar knowledgeable individual.
3. 
Follow current methods recommended by the FCC for performing such analyses.
[Ord. No. 3-2000, § J]
a. 
After the wireless telecommunications facility is operational, the applicant shall submit, within 90 days of beginning operations, and at annual intervals from the date of issuance of the building permit, existing measurements of RFR from the wireless telecommunications facility. Such measurements shall be signed and certified by a RF engineer, stating that RFR measurements are accurate and meet FCC Guidelines as specified in the Radio Frequency Standards section of this bylaw.
b. 
The applicant and co-applicant shall maintain the personal wireless service facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier, and maintenance of the buffer areas and landscaping, fencing and parking areas, etc.
[Ord. No. 3-2000, § K]
a. 
At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless service facility, such carrier shall notify the Borough Clerk by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless telecommuncations facility shall be considered abandoned upon discontinuation of operations.
b. 
Upon abandonment or discontinuation of use, at the option of the Borough, the carrier shall physically remove the personal wireless service facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:
1. 
Removal of antennas, mount, equipment shelters and security barriers for the subject property.
2. 
Proper disposal of the waste materials from the site in accordance with local, county and solid waste disposal regulations.
3. 
Restoring the location of the personal wireless service facility to its natural condition, except that any landscaping and grading shall remain in the after-condition.
c. 
If a carrier fails to remove a personal wireless service facility in accordance with this subsection, the Borough shall have the authority to enter the subject property and physically remove the facility. The Planning Board will require the applicant to post a bond at the time of approval to cover costs for the removal of the individual personal wireless service facility and site restoration in the event the Borough must remove the facility.
[Ord. #15-2003, § 1]
Notwithstanding any ordinance provision to the contrary, the siting and installation of any wireless communications towers or antennas on public lands for a public purpose or quasi-public purpose by a public entity or quasi-public entity shall be exempt from the requirements of this chapter, provided that such siting and installation is approved by a duly enacted resolution of the governing body after a review by the Borough Engineer.
[Added 4-7-2022 by Ord. No. 2022-03]
As used in this section:
CERTIFICATE OF OCCUPANCY
The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act, and the regulations. See "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant thereto.
CHARGING LEVEL
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
a. 
Level 1 operates on a 15 to 20 amp breaker on a 120 volt AC circuit.
b. 
Level 2 operates on a 40 to 100 amp breaker on 208 or 240 volt AC circuit.
c. 
Direct-current fast charger (DCFC) operates on a 60 amp or higher breaker on a 480 volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
ELECTRIC VEHICLE
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT (or EVSE)
The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast-charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."
MAKE-READY PARKING SPACE
Means the pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment, including, but not limited to, Level Two EVSE and direct-current fast chargers. Make-Ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment on a "plug-and-play" basis. "Make- Ready" is synonymous with the term "charger-ready," as used in P.L. 2019, c.362 (C.48:25-1 et al.).
PRIVATE EVSE
EVSE that has restricted access to specific users (e.g., single and two-family homes, executive parking fleet parking with no access to the general public).
PUBLICLY ACCESSIBLE EVSE
EVSE that is publicly available (e.g., park & ride, public parking lots and garages, on-street parking, shopping center parking, non-reserved parking in multi-family parking lots, etc.).
[Added 4-7-2022 by Ord. No. 2022-03]
a. 
An application for development submitted solely for the installation of EVSE or Make-Ready parking spaces shall be considered a permitted accessory use and permitted accessory structures in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
b. 
EVSE and Make-Ready parking spaces installed pursuant to Section C. below in development applications that are subject to site plan approval are considered a permitted accessory use as described in paragraph a above.
c. 
All EVSE and Make-Ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
d. 
The Zoning Officer and Construction Official shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of The Borough of Spring Lake Heights's land use regulations.
e. 
An application for development for the installation of EVSE or Make-Ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to C. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:
1. 
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building; and
2. 
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and
3. 
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (C. 52:27D-119 et seq.), any safety standards concerning the installation, and any State rule or regulation concerning electric vehicle charging stations.
f. 
An application pursuant to paragraph e above shall be deemed complete if:
1. 
The application, including the permit fee and all necessary documentation, is determined to be complete,
2. 
A notice of incompleteness is not provided within 20 days after the filing of the application, or
3. 
A one-time written correction notice is not issued by the Zoning Officer or Construction Official within 20 days of filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
g. 
EVSE and Make-Ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
h. 
A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.
[Amended 4-7-2022 by Ord. No. 2022-03]
a. 
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall;
b. 
Prepare as Make-Ready parking spaces at least 15% of the required off-street parking spaces and install EVSE in at least one-third of the 15% of Make-Ready parking spaces;
c. 
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional one-third of the original 15% of Make-Ready parking spaces; and
d. 
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final one-third of the original 15% of Make-Ready parking spaces.
e. 
Throughout the installation of EVSE in the Make-Ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.
f. 
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above.
g. 
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in paragraph a above shall:
1. 
Install at least one Make-Ready parking space if there will be 50 or fewer off-street parking spaces.
2. 
Install at least two Make-Ready parking spaces if there will be 51 to 75 off-street parking spaces.
3. 
Install at least three Make-Ready parking spaces if there will be 76 to 100 off-street parking spaces.
4. 
Install at least four Make-Ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.
5. 
Install at least 4% of the total parking spaces as Make-Ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.
6. 
In lieu of installing Make-Ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
7. 
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above.
8. 
Notwithstanding the provisions of Subsection 22-653.3 above, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or Make-Ready parking spaces.
[Added 4-7-2022 by Ord. No. 2022-03]
a. 
All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces, as provided in this section.
b. 
A parking space prepared with EVSE or Make-Ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.
c. 
All parking space calculations for EVSE and Make-Ready equipment shall be rounded up to the next full parking space.
d. 
Additional installation of EVSE and Make-Ready parking spaces above what is required in Subsection 22-653.3 above may be encouraged, but shall not be required, in development projects.
[Added 4-7-2022 by Ord. No. 2022-03]
a. 
Nothing in this section of the Ordinance shall be deemed to require site plan review by a municipal agency solely for the installation of EVSE or Make-Ready parking spaces.
b. 
Location and layout of EVSE and Make-Ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines, and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.
c. 
Installation:
1. 
Installation of EVSE and Make-Ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
2. 
Each EVSE or Make-Ready parking space that is not accessible for people with disabilities shall be not less than 9 feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.
3. 
To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and Make-Ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, 5:23, and other applicable accessibility standards.
4. 
Each EVSE or Make-Ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
5. 
Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.
6. 
Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
7. 
Public Parking. Pursuant to NJSA 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this Section to park or stand a non-electric vehicle in such a space or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in an EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code. Signage indicating the penalties for violations shall comply with paragraph e, below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
8. 
Private Parking. The use of EVSE shall be monitored by the property owner or designee.
d. 
Safety.
1. 
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green-painted pavement and/or curb markings, a green-painted charging pictograph symbol, and appropriate signage pursuant to paragraph e, below.
2. 
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with the Borough of Spring Lake Heights's ordinances and regulations.
3. 
Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Non-mountable curbing may be used in lieu of bollards if the EVSE is a setback a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three feet to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.
4. 
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted and shall contain a cord management system as described in paragraph 5 below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
5. 
Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords disconnecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
6. 
Where EVSE is provided with a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
7. 
Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour, on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, The Borough of Spring Lake Heights shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.
e. 
Signs.
1. 
Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to, and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.
2. 
All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.
3. 
Wayfinding or directional signs, if necessary, shall be permitting at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signs, if necessary, shall be permitting at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit, and shall comply with b. above.
4. 
In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:
(a) 
Hour of operations and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;
(b) 
Usage fees and parking fees, if applicable; and
(c) 
Contact information (telephone number) for reporting when the equipment is not operating or other problems.
f. 
Usage Fees.
1. 
For publicly accessible municipal EVSE: In addition to any parking fees, the fee to use parking spaces within the municipality identified as EVSE spaces shall be as set by resolution of the Governing Body.
2. 
This fee may be amended by a resolution adopted by the Governing Body.
3. 
Private EVSE: Nothing in this section shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable State and Federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.