Borough of Wenonah, NJ Zoning Regulations

The Zoning Map of the Borough of Wenonah shall be revised in the following manner:

[Added 8-27-2020 by Ord. No. 2020-12]

Block 4, Lot 39, shall be redesignated from LMR to LMR-1.

Block 4, Lots 36.01, 37.01, 38, 39, 41.02 and 42.04, shall be additionally designated with an LMR-2 Overlay District.

Block 66.02, Lots 10 and 11, shall be additionally designated with an LMR-3 Overlay District.

The LMR District presently applying to Block 4, Lot 42.03, shall be replaced by the C Commercial District.

District boundaries. The boundaries between districts are, unless otherwise indicated, either the center lines of streets or the center lines of railroad beds or such lines extended or lines parallel or perpendicular thereto. Where figures are shown on the Zoning Map between a street and a district boundary line, they indicate that the district boundary line runs parallel to the street line at a distance there from equivalent to the number of feet so indicated.

§ 72-703 R - Residence District.

Purpose. The purpose of the R - Residence district is to provide for a primarily single-family residential zone at moderate densities.

Use regulations. A building may be erected or used, and a lot may be used or occupied, for any of the following purposes, and no other:

Single-family detached dwelling;

Community residences for up to 15 developmentally disabled persons; community shelters for victims of domestic violence and community residences for persons with head injuries, serving not more than six persons, pursuant to N.J.S.A. 40:55D-66.1.

Public open space, including parks and playgrounds or other active recreation, plus passive recreation.

The following uses when authorized by the Combined Planning Board as a conditional use, pursuant to § 72-408.

Two-family dwelling on conversion only, in accordance with the provisions of § 72-711F.

Private recreation club for members and guests, in accordance with the provisions of § 72-711G.

Community shelters for victims of domestic violence and community residences for persons with head injuries, serving more than six persons and not more than 15 persons, pursuant to N.J.S.A. 40:55D-66.1, in accordance with the provisions of § 72-711I.

Major home occupations, as accessory uses, in accordance with the provisions of § 72-711J.

Accessory uses which are customarily incidental to the residential use of a lot, including, but not limited to:

Private garages, pools, gazebos, and similar accessory structures.

Minor home occupations in accordance with the standards below and engaged in by members of the immediate family;

The use shall not occupy more than 500 square feet, nor more than 20% of the gross floor area (GFA) of the detached dwelling, whichever is less, excluding the area of garages, unfinished portions of basements and attics in the calculation of gross floor area.

The use area shall not have direct access to the outside via a door, but shall be an existing room or area within the detached dwelling unit which is integrated within the overall floor plan of the dwelling.

The area of the use shall not contain any kitchen or bathroom facilities which are separate from the remainder of the detached dwelling unit.

The area shall have only typical office equipment, e.g., computers, telefax machines, telephones and copying machines and other equipment customarily used in the occupation, e.g., woodworking equipment, sewing machines, etc.

In no case shall any noise from equipment used in a home occupation be audible beyond the property line.

No supplies or furnishings shall be permitted other than typical office-type supplies and furnishings.

No evidence of the area used for the home occupation shall be shown to the outside of the dwelling unit, and no area used for a home occupation shall be constructed, used, or maintained in any manner that detracts from the residential character of the immediate neighborhood.

No persons shall be permitted on the property regarding the use other than people making deliveries or service calls as otherwise might occur on the property regarding the dwelling units.

[9]

Signs indicating the presence of a home occupation are prohibited.

[10]

Baby sitting or child care services for less than three children under 13 years of age are permitted without additional approvals. Providers of child care and/or baby sitting services for three to five children below 13 years of age must be registered as a family day care home with the New Jersey Division of Youth and Family Services. (See the definition of "family day-care home"[1] for exclusions of family member and cooperative arrangements from the count of children served.)

Editor Note: See § 72-102B.

Family day-care home.

The renting of not more than one room, in a single-family residential districts.

Area, yard, height, and coverage regulations.

Minimum lot and width area:

In any residential area where paved streets exist at the enactment of this amendment, existing single lots shall have an area of not less than 11,250 square feet per family for every building hereafter erected or used in whole or in part as a dwelling. Each lot shall have a width at the building line of not less than 75 feet;

In any residential area where paved streets exist at the enactment of this amendment and where a subdivision is applied for and granted, the resulting lots shall each contain an area of not less than 15,000 square feet per family for every building hereafter erected or used in whole or in part as a dwelling. Each lot shall have a width at the building line of not less than 100 feet;

In any residential area where building is instituted and approved subsequent to the enactment of this amendment and which does not meet the requirement of the foregoing subsection, a lot area of not less than 22,500 square feet per family shall be provided for every building hereafter erected or used in whole or in part as a dwelling. Each lot shall have a width at the building line of not less than 125 feet.

Minimum lot width at the street line shall not be less than 75 feet.

Maximum building area: 30% of total lot area.

Yards. Front, side and rear yards shall be provided on each lot as follows:

Front yard: One yard, not less than 17 feet in depth, but in no case less than the shortest front yard on the same side of the street in the block in which the lot is located, provided that no front yard greater than 40 feet shall be required;

Side yards: Two yards, not less than 20 feet in aggregate width, and neither less than 10 feet, provided that in the case of a corner lot, any yard which abuts a street shall be not less than 17 feet in width;

Rear yard: There shall be a rear yard on each lot which shall be not less than 15 feet in depth, except as provided in § 72-711M.

Height. No building shall exceed 35 feet in height.

§ 72-704 LR - Low Density Residence District.

Purpose. The purpose of the LR - Low Density Residence district is to provide a single-family residential zone with no more than one unit to the acre where public sewer is not readily available.

Use regulations. A building may be erected or used, and a lot may be used or occupied, for any of the following purposes, and no other:

Single-family detached dwelling;

The following uses when authorized by the combined Planning Board as a conditional use, pursuant to § 72-408.

Major home occupations, as accessory uses, in accordance with the provisions of § 72-711J.

Accessory uses which are customarily incidental to the residential use of a lot, but not including professional offices, but shall include:

Private garages, pools, gazebos, and similar accessory structures;

Minor home occupations in accordance with the standards below and engaged in by members of the immediate family;

The area of the use shall not contain any kitchen or bathroom facilities which are separate from the remainder of the detached dwelling unit.

In no case shall any noise from equipment used in a home occupation be audible beyond the property line.

No supplies or furnishings shall be permitted other than typical office-type supplies and furnishings.

No persons shall be permitted on the property regarding the use other than people making deliveries or service calls as otherwise might occur on the property regarding the dwelling units.

[9]

Signs indicating the presence of a home occupation are prohibited.

[10]

Baby sitting or child care services for less than three children under 13 years of age are permitted without additional approvals. Providers of child care and/or babysitting services for three to five children below 13 years of age must be registered as a family day care home with the New Jersey Division of Youth and Family Services. (See the definition of "family day-care home"[1] for exclusions of family member and cooperative arrangements from the count of children served.)

Editor's Note: See § 72-102B.

Family day-care home.

The renting of not more than one room, in a single-family dwelling to not more than two tenants, but not to include a boardinghouse.

Other accessory uses customarily permitted in single family residential districts.

Area, yard, height, and coverage regulations.

Minimum lot area: one acre.

Minimum lot width: 150 feet at the building line and 125 feet at the street line.

Maximum building area: 25% of total lot area.

Yards: Front, side and rear yards shall be provided on each lot as follows:

Side yards: Two yards, not less than 30 feet in aggregate width, and neither less than 15 feet, provided that in the case of a corner lot, any yard which abuts a street shall be not less than 17 feet in width;

Rear yard: There shall be a rear yard on each lot which shall be not less than 15 feet in depth, except as provided in § 72-711M.

Height. No building shall exceed 35 feet in height.

§ 72-705 LMR - Low and Moderate Residential District.

[Amended 10-11-2012 by Ord. No. 2012-9; 11-17-2016 by Ord. No. 2016-10; 8-27-2020 by Ord. No. 2020-12]

Purpose. The purpose of the LMR Low and Moderate Residential District is to provide a realistic opportunity for the Borough of Wenonah to meet its fair share of affordable housing units pursuant to the Fair Housing Act of 1985 (N.J.S.A. 52:27D-301 et seq.). Any development in an LMR District shall provide low- and moderate-income housing units as defined in the Fair Housing Act and the Borough's Affordable Housing Ordinance. The LMR Low and Moderate Income Residential District may be applied as the base zoning district or as an overlay district as depicted on the Zoning Map.

Use regulations. A building may be erected or used, and a lot may be used or occupied, for any of the following purposes, and no other:

Single-family attached dwellings.

Multifamily residential dwellings, excepting overlay districts.

The following uses when authorized by the Combined Planning Board as a conditional use, pursuant to § 72-708:

Child-care center.

Accessory uses which are customarily incidental to the residential use of the lot:

Management office for the operation of the residential complex.

Laundry for the exclusive use of residents.

Maintenance room for the storage of supplies and equipment used in the operation of the residential complex.

Family day-care home.

Required use. A minimum of 20% of all units marketed as for-sale dwellings and a minimum of 15% of all units marketed as rental dwellings shall be affordable to low- and moderate-income households as defined herein.

Area, yard, height, and coverage regulations.

Minimum tract area: two acres.

Minimum tract frontage: 60 feet on a state or county highway.

Maximum density:

Eight units to the acre where the Zoning Map depicts the LMR-1 District.

Six units to the acre where the Zoning Map depicts the LMR-2 Overlay District.

Eight units to the acre where the Zoning Map depicts the LMR-3 Overlay District.

Maximum building area: 30% of total area.

Maximum impervious surface coverage: 60%.

Building setbacks and distances. The following setback of any building from property lines and minimum distances between buildings in a multiple-building development shall be maintained:

Building setback from a street line: 50 feet.

Building setback from a side or rear property line: 40 feet.

Minimum distances between buildings: 35 feet.

Minimum setbacks for parking areas:

From a street: 20 feet.

From a tract perimeter: 25 feet.

Where 90° parking is placed against a building, there shall be a ten-foot-wide separation from the building.

Height. No building shall exceed 35 feet in height.

Minimum dwelling width for single-family attached dwellings: 18 feet.

Maximum building length through the long axis or axes: 180 feet.

Additional area and yard requirements for units marketed on a fee-simple basis:

Minimum lot size: 1,200 square feet.

Minimum lot frontage and width: 18 feet.

Each building shall contain central laundering facilities unless each unit is supplied with an area devoted to such use.

§ 72-706 Senior Citizen Overlay District.

[Amended 8-27-2020 by Ord. No. 2020-13]

Purpose. The Senior Citizen Overlay District is intended to provide an area for the development of high-quality age-restricted housing in accordance with the Federal Fair Housing Amendments Act of 1988 (24 CFR Part 14 et al.), as it may be amended or superseded. Any development in the Senior Citizen Overlay District shall include low- and moderate-income housing units as defined in the Fair Housing Act and the Borough's Affordable Housing Ordinance.

Relationship of overlay district to underlying district. A person with suitable interest in property depicted within the Senior Citizen Overlay District as indicated on the Zoning Map may make application to the Combined Planning Board for development approval under the regulations for either the underlying or overlaying district.

Use regulations. Any use in the Senior Citizen District shall be limited in residency to those persons over the age of 55 in accordance with the purpose of this district. A building may be erected or used, and a lot may be used or occupied, for any of the following purposes, and no other:

Single-family detached dwellings.

Single-family attached dwellings.

The following uses when authorized by the combined Planning Board as a conditional use, pursuant to § 72-408:

Major home occupations, as accessory uses, in accordance with the provisions of § 72-711J.

Accessory uses which are customarily incidental to the residential use of a lot, including, but not limited to:

Private garages, pools, gazebos, and similar accessory structures.

Minor home occupations in accordance with the standards below and engaged in by members of the immediate family;

The area of the use shall not contain any kitchen or bathroom facilities which are separate from the remainder of the detached dwelling unit.

In no case shall any noise from equipment used in a home occupation be audible beyond the property line.

No supplies or furnishings shall be permitted other than typical office-type supplies and furnishings.

No persons shall be permitted on the property regarding the use other than people making deliveries or service calls as otherwise might occur on the property regarding the dwelling units.

Signs indicating the presence of a home occupation are prohibited.

[9]

Babysitting or child-care services for less than three children under 13 years of age are permitted without additional approvals. Providers of child-care and/or babysitting services for three to five children below 13 years of age must be registered as a family day-care home with the New Jersey Division of Youth and Family Services. (See the definition of "family day-care home" for exclusions of family members and cooperative arrangements from the count of children served.)

Family day-care home.

The renting of not more than one room in a single-family dwelling to not more than two tenants, but not to include a boardinghouse.

Other accessory uses customarily permitted in single-family residential districts.

Area, yard, height, and coverage regulations.

Single-family detached dwellings.

Minimum lot area: 6,000 square feet.

Minimum lot frontage and width: 40 feet.

Yards. Front, side and rear yards shall be provided on each lot as follows:

Front yard: one yard, not less than 17 feet in depth, but in no case less than the shortest front yard on the same side of the street in the block in which the lot is located, provided that no front yard greater than 40 feet shall be required.

Side yards: two yards, not less than eight feet in aggregate width, and neither less than three feet, provided that, in the case of a corner lot, any yard which abuts a street shall be not less than 17 feet in width.

Rear yard: there shall be a rear yard on each lot which shall be not less than 15 feet in depth, except as provided in § 72-711M.

Single-family attached dwellings.

Minimum tract area: two acres.

Minimum tract frontage: 200 feet.

Maximum density: seven units per acre.

Maximum building area: 25% of total lot area.

Maximum impervious surface coverage: 50%.

Building setbacks and distances. The following setback of any building from property lines and minimum distances between buildings in a multiple-building development shall be maintained:

Building setback from a street line: 17 feet.

Minimum distances between buildings: 25 feet.

Minimum setbacks for parking areas:

From a dwelling: excepting private garages and driveways thereto, 10 feet.

No parking area, excepting private garages and driveways thereto, shall be located between a building and a street existing at the effective date of this amendment.

Minimum dwelling width: 18 feet.

Maximum number of dwelling units in one building: four units.

Additional area and yard requirements for units marketed on a fee-simple basis:

Minimum lot size: 1,200 square feet.

Minimum lot frontage and width: 18 feet.

Height. No building shall exceed 35 feet in height.

Additional planning and submission requirements for the Senior Citizen Overlay District.

Neighborhood context plan. In addition to the submission requirements for subdivision or site plan approval pursuant to Article V of this chapter, an applicant shall submit a neighborhood context plan at a scale no less than one inch equals 100 feet that indicates all buildings and their location on lots within 200 feet in relation to the subject tract.

Photographs. A linear photographic montage shall be made indicating, from street view, the principal facades of all buildings facing the subject tract.

Any proposed development within the Senior Citizen Overlay District shall utilize the information in § 72-706E(1) and (2) as a guide to determine the general appearance, size, architectural style and period, and exterior building materials of any new buildings. New buildings shall be designed and erected to maintain the general appearance of the surrounding buildings with regard to such architectural style and period, size, height and exterior building materials.

When determining the architectural style, period, area dimensions, height, fenestration, exterior materials, etc., of a new building, the Combined Planning Board shall recognize modern materials which are intended to replace older patterns of wood and/or obsolete building materials, either no longer in existence or no longer practical for use in modern construction.

In establishing architectural period, general appearance, required setbacks, and height and bulk of a proposed structure, the Combined Planning Board may retain the services of qualified registered architects to assist in evaluating the existing and proposed architectural character.

§ 72-707 Professional Office District.

Purpose. The purpose of the professional office district is to provide for limited offices in the center of the Borough or along its major thoroughfares where by virtue of their location adjacent or near to existing governmental and commercial uses, make a logical extension of non-residential uses; or to provide a transition between major thoroughfares and single-family residential areas.

Use regulations. A Building may be erected or used, and a lot may be used or occupied, for any of the following purposes, and no other:

Any use permitted in the R - Residence District.

Professional office or building, subject to the following regulations:

No building shall include a store or personal service shop, but may include a real estate office, insurance office or professional office.

No building shall include a store front, store window or any other retail commercial characteristic which is not in keeping with the character of the district or the surrounding neighborhood.

No more than two apartments, provided that no such dwelling unit shall be permitted on the first floor.

Off-street parking facilities shall be provided in accordance with the provisions of § 72-711K(1)(f).

Financial institutions chartered under state or federal law.

The following uses when authorized by the Combined Planning Board as a conditional use, pursuant to § 72-408 of this chapter.

Club or lodge on conversion only, organized for fraternal or social purposes and not for profit, provided that the chief activity shall not be one which is customarily carried on as a business, and provided that the buildings and services shall be for the use of members and their guests only;

Dwelling for not more than two families on conversion only, in accordance with the provisions of § 72-711F.

Child-care center, in accordance with the provisions of § 72-711H.

Accessory uses on the same lot and customarily incidental to the principal use.

Area, yard, height and coverage regulations.

Minimum lot area: 4,800 square feet.

Minimum lot width: 48 feet at any point on the lot.

Maximum building area: 30% of total lot area.

Maximum impervious coverage: 75% of total lot area.

Yards: Front, side, and rear yards shall be provided on each lot as follows:

Rear yard: There shall be a rear yard on each lot which shall be not less than 20 feet in depth, except as provided in § 72-711M.

Height. No building shall exceed 35 feet in height.

Maximum building size: 10,000 gross square feet.

Parking area setback. No parking area shall be permitted in the front yard nor within 10 feet of a side or rear property line.

Additional standards for Professional Office Districts.

All parking areas and pedestrian walkways shall be adequately lighted during the night without creating glare or other nuisance.

Access to parking areas from public streets shall be limited to one per street frontage up to a maximum of two per site.

Whenever the property line of a lot in the Professional Office district abuts a residential district, a buffer shall be established that is a minimum width of 10 feet measured from the property line. The buffer shall consist of massed evergreen and deciduous shrubs of such species and size as will produce, within two growing seasons a screen at least four feet in height, and of such density as will obscure 75% of the glare of automobile headlights emitted from the premises throughout the full course of the year.

§ 72-708 C - Commercial District.

Purpose. The purpose of the Commercial District is to provide for an area in the center of the Borough for personal service, retail sales and services, and limited office uses primarily designed to serve the residents of Wenonah and visitors thereto.

Use regulations. A building may be erected or used, and a lot may be used or occupied, for any of the following purposes, and no other.

Stores for retail purposes only, provided that no manufacturing shall be carried on therein, and further provided that no goods shall be displayed on the exterior of the premises.

Barber shop, beauty shop, laundry and dry cleaning collection station, tailor or dressmaking shop, or other personal service shop.

Business office, studio or agency, such as an insurance office, real estate office, bank or other financial institution chartered under state or federal law.

Restaurant, provided that all serving and consumption of food and drinks shall be within the restaurant.

No more than one apartment, provided that no such apartment unit shall be permitted on the first floor.

Public garage, motor vehicle service station, automobile parking lot or parking garage when authorized as a conditional use by the Combined Planning Board, after review of detailed plans for the proposed use. Such plans shall be drawn to scale, and shall show the location and dimensions of the site, and all buildings and facilities on the site, including pump islands, display racks, signs and access ways. The applicant shall give proper assurances, and such plans shall be so drawn, that the following requirements will be complied with:

All facilities shall be located within the confines of the lot and shall be so placed that all services and activities will be conducted on the lot, and all repair work shall be conducted within a building;

Lighting facilities shall be so arranged as to reflect away for view in neighboring residence districts, and, where necessary, a fence, shrubbery or other suitable barrier will be provided to protect adjacent uses.

Child-care center, when authorized as a conditional use by the Combined Planning Board, in accordance with the provisions of § 72-711H.

Accessory uses on the same lot that are customarily incidental to the principal use.

Area, yard, height and coverage regulations.

Minimum lot area: 5,500 square feet.

Minimum lot width: 50 feet at any point on the lot.

Maximum building area: 60% of total lot area.

Maximum impervious coverage: 90% of total lot area.

Yards: Front, side, and rear yards shall be provided on each lot as follows.

Front yard: One yard, not less than 17 feet in depth;

Side yards: Two side yards, neither less than five feet in width, where building is used for both residential and commercial purposes. None required for a building used exclusively for commercial purposes, except that where a lot abuts a residence district, or a street on the side lot line, a side yard shall be provided which shall be not less than 10 feet in width. In any case, where side yards are provided, each such side yard shall be not less than five feet in width;

Rear yard: There shall be a rear yard on each lot which shall be not less than 20 feet in depth, provided that where a lot abuts a residence district on the rear lot line, each such rear yard shall be not less than 25 feet in depth.

Height: No building shall exceed 35 feet in height.

Maximum building size: 10,000 gross square feet.

Parking area setback: No parking area shall be permitted in the front yard nor within five feet of a side or rear property line.

Additional standards for commercial districts.

All parking areas and pedestrian walkways shall be adequately lighted during the night without creating glare or other nuisance.

Access to parking areas from public streets shall be limited to one per street frontage up to a maximum of two per site.

Wherever the property line of a lot in the Commercial district abuts a residential district, a buffer shall be established that is a minimum width of five feet along the side property line and a minimum width of 10 feet along the rear property line. The buffer shall consist of massed evergreen and deciduous shrubs of such species and size as will produce, within two growing seasons, a screen at least four feet in height, and of such density as will obscure 75% of the glare of automobile headlights emitted from the premises throughout the full course of the year.

Additional planning and submission requirements for Commercial districts.

Record plan of existing conditions. In addition to the plan submission requirements pursuant to Article V of this chapter, a Record Plan of existing conditions for any development within the Commercial district shall be submitted to and approved by the combined Planning Board prior to:

The issuance of a demolition permit for any structure or building on a lot; or

The approval of a site plan or subdivision for the subject lot.

A Record Plan shall consist of:

A survey, at an appropriate scale, showing accurately and with complete dimensioning, the boundaries of the site and the location of all buildings, structures, uses, parking areas, vegetation, utilities, lighting and other principal features of the subject parcel or lot; and

An architectural record of the existing structures on the site, including, at a minimum:

Photographs which show all facades of the building or buildings and any pertinent architectural details.

A copy of the Borough Assessors record card of the property.

A letter of opinion submitted by a qualified architect, registered in the State of New Jersey, stating the historical period and building style of the existing building.

Neighborhood context to be maintained.

Proposed new structures and buildings.

When any new structure is proposed to be erected within the Commercial district, the current structure or previously existing structure (as documented in the Record Plan) in the case of a vacant lot, will be utilized as a guide to determine the general appearance, size, architectural style and period, and exterior building materials of the new structure. In the event the existing or previous buildings on the site are not contributors to the character of the surrounding district, the new structure shall be designed and erected to maintain the general appearance of the surrounding buildings with regard to architectural style and period, size, height, and exterior building materials.

Where a new structure is proposed and no previous building existed the new structure shall be designed and erected to maintain the general appearance of the surrounding buildings with regard to architectural style and period, size, height, and exterior building materials.

Existing structures and buildings. When an existing building is proposed to be repaired, altered by expansion, or reduced in size, or new exterior materials are proposed, the existing general appearance shall be maintained.

§ 72-709 INS Institutional District.

Use regulations. A building may be erected or used, and a lot may be used or occupied for any of the following purposes, and no other:

Municipal building or use or utility, including pumping stations, water storage tanks and treatment facilities.

Public educational facility.

Firehouse.

Religious use, including, but not limited to, house of worship, rectory, parsonage, convent, monastery, and other incidental religious uses.

Child-care center, when authorized as a conditional use by the Combined Planning Board, in accordance with the provisions of § 72-711H.

Wireless communications Antennas, but only in that Institutional District in which is situated the Borough's water tank, and then only on said tank when authorized as a conditional use by the Combined Planning Board in accordance with the provisions of § 72-7110.

Area, yard, height and coverage limitations.

Religious uses:

Minimum lot area: 22,000 square feet.

Minimum lot frontage and width: 75 feet.

Maximum building height: 45 feet.

Any other area, yard, and coverage limitations as required by Subsection B(2) not herein regulated.

All other uses:

Minimum lot area: 7,500 square feet.

Minimum lot frontage and width: 75 feet.

Maximum building area. Not more than 50% of the area of each lot may be occupied by buildings.

Yards: Front, side and rear yards shall be provided on each lot as follows:

Side yards: Two yards, not less than 20 feet in aggregate width, and neither less than 10 feet provided that in the case of a corner lot, any yard which abuts a street shall be not less than 17 feet in width;

Rear yard: There shall be a rear yard on each lot which shall be not less than 15 feet in depth, except as provided for in § 72-711M.

Height: No building shall exceed 35 feet in height.

§ 72-710 P & C - Parks and Conservation District.

Purpose. The purpose of the P & C - Parks and Conservation District is to provide for an area of publicly owned open space to be preserved in perpetuity for present and future residents of Wenonah.

Use regulations. A lot shall be used for any of the following purposes, and no other:

Conservation and/or recreational purposes which shall not permit exploitation and destructive use of the Borough's natural resources and which shall provide for their long range preservation.

Municipal utilities or uses not inconsistent with § 72-710B(1).

Area, yard, height and coverage limitations.

Minimum lot area: 1,500 square feet.

Minimum lot frontage and width: 10 feet.

§ 72-710.1 Mantua Avenue Overlay District.

[Added 11-30-2017 by Ord. No. 2017-12]

Purpose. The Mantua Avenue Overlay District is intended to allow the continuation of single family detached uses as allowed in the R - Residence District but to also allow for the conversion and expansion of those dwellings for limited commercial use.

Use regulations. A lot may be used for the following purposes in addition to the uses permitted in the underlying zoning district:

Any principal permitted use in § 72-707, Professional Office District, excepting financial institutions and medical offices.

Any principal permitted personal service use listed in § 72-708B(2).

Conditional uses. The following conditional uses when authorized by the Combined Planning Board in accordance with the procedures of § 72-408:

Child care center, in accordance with the provisions of § 72-711H.

Bed-and-breakfast accommodation, subject to the following criteria:

The minimum lot size shall be 11,250 square feet.

No more than six guest rooms or suites shall be permitted.

Off-street parking equal to one for each guest room or suite shall be required.

Only guests of the facility shall be served food and drink on the premises.

No cooking facilities shall be permitted in guest rooms or suites.

There shall be a maximum residency limitation on all guests of 30 days.

Area, yard, height and coverage regulations.

Minimum lot area: 7,500 square feet.

Minimum lot width: 50 feet at any point on the lot.

Maximum building area: 25% of total lot area.

Maximum impervious coverage:

On a lot of less than 10,000 square feet: 80% of total lot area.

On a lot of 10,000 square feet or greater but less than 20,000 square feet: 75% of total lot area.

On a lot of 20,000 square feet or greater: 70% of total lot area.

Yards: Front, side, and rear yards shall be provided on each lot as follows:

Front yard: One yard, not less than 17 feet in depth. Where the lot is a corner lot and has frontage on two public streets, the yard depth on the longest frontage may be reduced to 12 feet.

Side yards:

On a lot with frontage of 50 feet or less: five feet each yard.

On a lot with frontage of greater than 50 feet to 75 feet: 7 1/2 feet each yard.

On a lot with frontage greater than 75 feet: 10 feet each yard.

Rear yard. There shall be a rear yard on each lot which shall be not less than 20 feet in depth, provided that where a lot abuts a residence district on the rear lot line, each such rear yard shall be not less than 25 feet in depth.

Height. No building shall exceed 35 feet in height, except that additions to existing buildings may match the existing height of the structure.

Maximum building size (excluding basement floor area):

On a lot of less than 10,000 square feet: 4,500 square feet of floor area.

On a lot of 10,000 square feet or greater but less than 20,000 square feet: 6,500 square feet of floor area.

On a lot of 20,000 square feet or greater but less than one acre: 10,000 square feet of floor area.

On a lot one acre or greater: 20,000 square feet of floor area.

Parking area setbacks. No parking or loading area shall be permitted in the front yard and shall be set back from the side or rear property line a distance equal to or greater than its required side yard. Parking lot areas shall be buffered by landscaping which shall be supplemented with fencing when the Combined Planning Board determines that the particular circumstances necessitate additional visual blocking. The edge of parking areas visible from a public street shall be planted with shrubs with a minimum installation height of 30 inches and shall be maintained at a height of 36 to 42 inches. Other buffer areas shall be installed with material with a preponderance of plants that are a minimum of five feet in height.

Additional planning and submission requirements for the Mantua Avenue Overlay District.

The issuance of a demolition permit for any structure or building on a lot; or

The approval of a site plan or subdivision for the subject lot.

A record plan shall consist of:

An architectural record of the existing structures on the site, including, at a minimum:

Photographs which show all facades of the building or buildings and any pertinent architectural details.

A copy of the County Assessor's record card of the property.

A letter of opinion submitted by a qualified architect, registered in the State of New Jersey, stating the historical period and building style of the existing building.

Neighborhood context to be maintained.

Proposed new structures and buildings.

When any new structure is proposed to be erected within the Mantua Avenue Overlay District, the current structure or previously existing structure (as documented in the Record Plan) in the case of a vacant lot, will be utilized as a guide to determine the general appearance, size, architectural style and period, and exterior building materials of the new structure. In the event the existing or previous buildings on the site are not contributors to the character of the surrounding district, the new structure shall be designed and erected to maintain the general appearance of the surrounding buildings with regard to architectural style and period, size, height, and exterior building materials.

Cross-access easement. Where appropriate, an agreement providing for cross-access for pedestrians and vehicles between adjacent lots shall be provided to reduce the amount of traffic on adjacent roads. The easement may be established between lots at one time or over a period of time depending on circumstances. The cross-access easement shall be recorded with the County Recording Officer as deeds of easements or shall be placed on final plats for such recording, as appropriate.

§ 72-711 General regulations.

[Amended by Ord. No. O-98-3; Ord. No. O-98-7; Ord, No. 2008-21; Ord. No. 2012-4; Ord. No. 2001-10; Ord. No. 2002-5. Additional amendments noted where applicable.]

Nonconforming buildings and uses.

Continuation. Any lawful nonconforming use or structure existing at the time of the passage of this chapter may be continued upon the lot or in the structure so occupied and any such structure may be restored or repaired in the event of partial destruction thereof. Where, in the opinion of the Zoning Enforcement Officer, a nonconforming use or structure was not in existence at the time of the passage of this chapter, the owner and/or occupier of said nonconforming use or structure, shall be so noticed by the Zoning Enforcement Officer to cease and desist such use and/or occupation. A purchaser or prospective user/occupier of a property thought to be lawfully nonconforming because of its preexisting nature, may apply to the Planning Board for a finding that such a preexisting structure or use does lawfully exist, prior to the prospective purchaser and/or user/occupier taking possession or making use of the property. Any purchaser and/or user/occupier of a nonconforming use or structure who takes possession, or makes use of, such a property or use without the Planning Board having first determined that the nonconforming use or structure is lawful, takes such possession or makes such use at their own risk.

Expansion. Any expansion of a nonconforming use may be permitted only by application to and approval from the Combined Planning Board pursuant to N.J.S.A. 40:55D-70d.

Change of nonconforming use. A nonconforming use of a structure or land may be changed to a permitted use in the district in which the nonconformity is located. Whenever a nonconforming use of a structure or land has been changed to a permitted use in that district, the use shall not thereafter revert to a nonconforming use.

Restoration. A nonconforming structure that is substantially or totally destroyed by fire, explosion, flood, wind, or other phenomenon, or legally condemned, whether by accident or design, shall not thereafter be reconstructed or a nonconforming use continued. A nonconforming structure partially destroyed may be reconstructed and used for a nonconforming use provided that the reconstructed structure shall not exceed in height, area, and volume the structure so destroyed or condemned and provided that the reconstruction of the structure shall commence within one year from the date the building was destroyed or condemned.

Abandonment. In the event that a nonconforming use of a structure or land ceases with intent to abandon for a continuous period of one year or more, the subsequent use of said structure or land shall be in conformance with the provisions of this chapter.

Prohibited uses. No building may be erected, altered or used, and no lot or premises may be used for any use which is likely to create conditions of hazard, smoke, fumes, noise, odor, dust or other noxious or offensive conditions detrimental to the health, safety or general welfare of the surrounding area. All uses shall be subject to such fire safety conditions as understood that any use not so permitted in this chapter is prohibited, the following uses are specifically prohibited:

Any use that:

Constitutes a public nuisance beyond the boundary of the site on which the use is located by reason of dissemination of noxious; toxic or corrosive fumes, smoke, odor or dusts;

Results in noise or vibration exceeding the average intensity of noise or vibration occurring from other causes at the boundary line of the site on which the use is located;

Endangers surrounding areas by reason of fire or explosion;

Produces objectionable heat or glare;

Results in electrical disturbances in nearby residences;

Significantly contributes to the pollution of land, air, or waters;

Creates an objectionable traffic condition on the street or in an adjacent area;

Creates any other objectionable condition in an adjoining area which will endanger public health and safety or be detrimental to the proper use of the surrounding area.

Trailer camps, tourist cabin courts, and or automobile courts shall not be permitted in any districts.

No lot or premises within the Borough shall be used as a junk yard, automobile wrecking yard or yard for the storage or sale of used materials.

The commercial excavation or sale of gravel or topsoil from any premises in the Borough is prohibited.

All classes of cannabis establishments as said terms are defined in Section 3 of P.L. 2021, c. 16, (but not the delivery of cannabis items and related supplies by a delivery service which is located in another municipality).

[Added 6-24-2021 by Ord. No. 2021-10]

Reduction of lot. No lot shall be so reduced that the area of the lot or the dimensions of the open spaces shall be smaller than herein prescribed.

Vision obstruction. On any corner lot, no wall, sign, fence or other stricter shall be erected or altered and no hedge, tree, shrub or other growth shall be maintained which may cause danger to traffic on a street or public road by obscuring tile view.

Loading and unloading space. Off-street loading and unloading space, with proper access from a street or alley, shall be provided on any lot on which a building for trade or business is hereafter erected or substantially altered.

Conversion of dwelling to two family use. The Combined Planning Board may authorize as a conditional use the conversion of any dwelling when existing at the effective date of this chapter into a dwelling for the use of not more than two families, subject to the following requirements:

The yards, building area and parking spaces shall not be reduced to less than the requirements of the district in which located.

The lot area per dwelling unit shall be no less than 5,500 square feet.

Not more than one family unit per floor shall be authorized, and a floor area of not less than 600 square feet shall be provided for each family unit.

No structural alteration of the building exterior shall be made except as may be necessary for purposes of sanitation or safety.

The Combined Planning Board may prescribe such further conditions with respect to the conversion and use of such building as it deems appropriate, in accordance with § 72-408.

Private recreation club. The Combined Planning Board may authorize a private recreation club as a conditional use where permitted, subject to the following criteria:

No such use shall be permitted on a lot less than four acres.

No building shall be permitted within 50 feet of the tract perimeter.

Except for driveways for ingress and egress or signs, there shall be a minimum 25 feet wide planted buffer encompassing the entire perimeter of the tract, unless the Combined Planning Board determines that existing vegetation provides sufficient screening of cars and activities of the private recreation club.

The Combined Planning Board may prescribe such further conditions with respect to use of such land as it deems appropriate, in accordance with § 72-408.

Child care center. The Combined Planning Board may authorize a licensed child care center as a conditional use where permitted, subject to the following criteria:

The use shall occur on a tract with a minimum area of one acre.

Each lot used for this purpose shall have a minimum street frontage and lot width of 150 feet.

No structure shall be provided within 50 feet of a public street or property line.

The maximum permitted building coverage shall not exceed 20%.

The maximum permitted impervious coverage shall not exceed 50%.

The 25 feet closest to the property line or the public street shall be bermed and landscaped so as to screen the use from view.

The maximum height of any structure shall not exceed 35 feet.

A minimum interior area per person, as required by the Child Care Center Licensing Law, N.J.S.A. 30:5B-1 et seq., as amended, must be provided for the day-care use on the first floor, exclusive of hallways, closets, bathrooms, kitchens, and related areas.

A minimum outdoor play or recreation area per person, as required by the Child Care Center Licensing Law, N.J.S.A. 30:5B-1 et seq., as amended, must be provided within a fenced area located within the rear or side yard area.

The use must be licensed by appropriate state and local officials.

Care may not be provided for more than 18 hours within any one day.

Off-street parking shall be provided as required by Subsection J, below.

There are no other similar community residences or shelters within 1,500 feet of the proposed community residence or shelter.

It can be shown that the total number of persons other than staff who are or will be living in community residences or shelters within Wenonah Borough (including the community residence or shelter under consideration) will not exceed 0.5% of the Borough's total population.

There is sufficient off-street parking as required by Subsection J, below.

It can be shown that the site location, existing development pattern of the area, traffic circulation and pedestrian mobility and safety are suitable for the establishment of a community residence or shelter.

Details are submitted concerning all life safety and emergency facilities and equipment to be provided within the building.

A community residence or shelter shall have twenty-four hour on-site supervision and security.

Major home occupations. The Combined Planning Board may authorize a major home occupation as a conditional use where permitted, subject to the following criteria:

The home occupation may not employ more than one person who is not a member of the household residing in the dwelling.

The home occupation must be of a nature that will not generally generate traffic caused by clients or customers visiting the dwelling. The retail or wholesale sale of goods is prohibited.

The residential exterior appearance of the structure shall not be altered.

The use shall not occupy more than 500 square feet, nor more than 20% of the gross floor area (GFA) of the dwelling, whichever is less, excluding the area of garages, unfinished portions of basements and attics in the calculation of gross floor area.

In no case shall any noise from equipment used in a home occupation be audible beyond the property line.

One off-street parking space must be provided in addition to those required for the dwelling if a nonresident person is employed in conjunction with the home occupation use. Parking lot design criteria is waived for this use.

No more than one vehicle or piece of movable equipment, used exclusively for the home occupation (other than vehicles primarily for personal use), shall be permitted per dwelling unit, provided that no such vehicle, equipment, trailer, etc., is in excess of 5,000 pounds vehicle weight and further provided that off-street parking must be provided for any such vehicles, equipment, trailer, etc.

There shall be no outdoor storage or display of materials, products or equipment.

No odors, noise, excessive lighting, glare, vibration, smoke, electrical telecommunications or other airway interference, or any other nuisance resulting from a home occupation, shall be permitted.

No chemicals, explosives, biological agents, or hazardous materials of any type, shall be permitted either indoors or outdoors on any residential property, premises or dwelling as part of a home occupation.

(13)

A sealed survey of the subject property must be submitted to demonstrate the use of the property and the adequacy of the parking provided.

(14)

The combined Planning Board may prescribe such further conditions with respect to use of such land as it deems appropriate, in accordance with § 72-408.

Off-street parking. Off-street parking facilities shall be provided in all districts for the parking of motor vehicles of occupants, employees and patrons of the buildings hereafter erected or converted, in accordance with the requirements listed below and with the approval of the Borough Engineer and Planning Board. Handicapped accessible parking spaces shall be provided in accordance with the standards promulgated by the Americans with Disabilities Act (ADA) and with the approval of the Borough Engineer and Planning Board. Parking facilities existing at the effective date of this chapter, or provided in compliance with the Ordinance, shall not subsequently be reduced below the requirements of this chapter.

Parking space requirements. Parking spaces shall be provided as follows:

Single-family detached or attached dwelling: two spaces per dwelling unit.

Multi-family dwelling or apartment unit: 1.5 spaces per unit.

Senior citizen residential unit: one space per unit.

Restaurant: one space for each 100 square feet of floor space devoted to patron use.

Auditorium, church or other place of public assemblage: one space for every four seats.

Commercial, office or recreational building or use (excepting swimming clubs); other than those specified above: one space for each 200 square feet, or portion thereof, of gross floor area devoted to patron or office use, or of gross recreation area.

Swimming club: 25 spaces for each 1,000 gross square feet of swimming pool surface.

Motor vehicle service stations. Six spaces for the first lift, bay, or work station; five spaces for the second work station; and three spaces for each subsequent work station, but in no event less than four spaces.

Day-care center. One space per every employee plus two spaces per 1,000 square feet of floor area.

Each off-street parking space shall have minimum dimensions of not less than nine by 18 feet and, in addition, appropriate driveways, aisles and maneuvering spaces shall be provided which shall be adequate to permit safe and convenient use of the area for parking purposes.

Location. The off-street parking facilities required for all dwellings shall be on the same lot or parcel of land as the building they are intended to serve, and shall be to the rear of the required front yard.

Collective use of off-street parking. Nothing in this section shall be construed to prevent collective provision of off-street parking facilities for two or more buildings or uses, provided that the total of such off-street parking facilities provided collectively shall not be less than the sum of the requirements for the various individual uses computed separately; excepting that, after due consideration of testimony and evidence, the Combined Planning Board may grant a partial or total reduction of the summed parking demand for uses with complementary parking needs, such as an office building and a religious use.

Surfacing and lighting. Parking areas shall be graded to provide convenient vehicular access and proper drainage, and shall be paved with a hard material or otherwise treated to prevent dust or other loose cover from becoming a nuisance or a hazard. All parking, access or other vehicular service areas shall be adequately illuminated during night hours of use. Such lighting shall be arranged so as to protect roadway users and adjoining property owners from direct glare or hazardous interference of any kind.

Front yard reduction requirement for nonresidential uses. Notwithstanding any other provision in this chapter to the contrary, any new building constructed for nonresidential uses shall be required to align its front building line with the alignment of the building lines established by the existing buildings on each side of the new building. In the event that the front yards of buildings on either side of the proposed building are not of equal depth, the front yard with the lesser depth shall be the controlling one.

Yard exceptions for accessory uses. A private garage or other accessory building which is not an integral structural part of a main building may be located in the required side and/or rear yard but not less than five feet from any property line, provided that such garage is situated not less than 10 feet farther back from the street line than the rearmost portion of the main building. The provisions of this section shall not apply to a side yard or rear yard which abuts a street. The erection of a common or joint garage which is not an integral structural part of a main building on adjoining lot is prohibited.

A maximum of two accessory buildings or structures are permitted per lot in the R, LR and LMR Districts. One such structure shall not exceed 600 square feet in area and a second structure may not exceed 150 square feet in area. Any accessory building or structure shall not exceed the height of 24 feet measured from the ground elevation to the peak of the roof.

Accessory structures or buildings shall not be located in the front yard.

Accessory structures or buildings shall be set back a minimum of five feet from all property lines.

Pools and pool filtration equipment shall be set back a minimum of five feet from any property line.

No accessory building or structure may be located on a parcel not containing a principal use.

Signs. Any sign hereafter erected or maintained shall conform to the provisions of this section and any other ordinance or regulations of the Borough:

Use and location regulations. The following types of signs, and no other, shall be permitted:

Official traffic signs;

Professional name signs indicating the name, profession or activity of the occupant of a dwelling, and trespassing signs, or signs indicating the private nature of a driveway or premises, provided that the size of any such sign shall not exceed nine by 18 inches;

Identification signs for schools, churches, hospitals or similar institutions, and for clubs, lodges, farms, estates or similar uses, provided that the area on one side of any such sign shall not exceed nine square feet;

Real estate signs, including signs advertising the sale or rental of premises, provided the area on one side of any such sign shall not exceed nine square feet, and provided further that only one such sign shall be erected on each street frontage on which the lot abuts. Signs indicating the location and direction of premises in the process of development may be erected when authorized by the combined Planning Board, provided the area on one side of any such sign shall not exceed 50 square feet. Off-premise signs indicating the location and direction of properties for sale shall not exceed three square feet in area on one side, and shall be limited to one such sign per off-premise property;

Temporary signs of contractors, architects, mechanics and artisans, provided that the size on one side of such sign shall not exceed nine square feet and such signs are removed promptly upon completion of the work;

Business signs in Commercial districts only, provided that a) such signs, except directional signs, are placed on the building in which the use to which the sign relates is conducted, and b) the total area of all such signs placed on, or facing any one street frontage of any one building, shall not exceed 10% of the overall surface of the wall facing such frontage, or 30 square feet, whichever is less. Freestanding signs and projecting signs (i.e., mounted more than 12 inches off of a wall) are prohibited. The area on one side of a directional sign shall not exceed four square feet. No more than one directional sign shall be used on each premise on which a commercial building exists.

Business signs in Professional Office districts shall be limited to one per premise not to exceed nine square feet.

Political signs associated with an election, referendum, or plebiscite, provided that such signs are on private property, are not erected more than 45 days prior to the election date on which the election, referendum or plebiscite is to be held, and are removed within five days of said election date. Only one political sign per candidate(s) may appear on any one property at any one time, except with regard to a corner lot, in which case no more than one political sign per candidate(s) may appear on each side of a property when facing a street. No political sign shall exceed nine square feet.

Residential yard signs located at any place of residence or in a Residential district shall not exceed nine square feet in area on one side, and shall be limited to three signs per residential dwelling or building.

General sign regulations. The following restrictions shall apply to all permitted sign uses:

No sign shall be placed in such a position that it will cause danger to traffic on a street by obscuring the view of a motorist or pedestrian;

No sign other than official traffic or other signs having a governmental purpose shall be erected within the lines of any street or on public property unless specifically authorized by other ordinances or regulations of the Borough. Any sign installed or placed on public property, except in conformance with the requirements of this section, shall be subject to confiscation, and the Borough shall have the right to receive from the owner or person placing such sign on such sign on such public property, the full costs of removal and disposal of such sign;

No sign shall be of a flashing, moving, rotating, oscillating or similar type or be designed to distract the attention of motorists, and only while light shall be permitted. No professional or name sign in residence districts shall be illuminated with floodlights;

No sign shall project over a public sidewalk;

No sign shall be erected containing a message that states or implies that a property may be used for a purpose not permitted in the zoning district in which said sign is located;

In addition to the other requirements of this section, every sign referred to in this section must be constructed of durable materials, must be securely anchored and fixed and be kept in good condition and repair, and shall not be allowed to become dilapidated.

No sign shall be located or erected in the Clear Zone as defined in § 56-3B or within any sight triangle.

Wireless communications antennas. Any applicant for the placement and erection of a wireless communications antenna on the Borough Water tank shall indicate why such antenna(s) are specifically required in the Borough of Wenonah given the Borough's small size and the availability of wireless communications antenna location outside and around the Borough of Wenonah and, further, shall indicate how its application specifically relates to and is coordinated with the needs of other providers of wireless communication services within and around the Borough. In addition, any such application shall also include, but not be limited to, the following:

Compliance with §§ 72-406 through 72-407, 72-501 through 72-502, 72-503A and B, 72-504 and 72-509 herein, as well as the submission of such other information as the Combined Planning Board deems necessary for the promotion of the public health, safety and general welfare of Borough residents.

How the proposed antenna(s) specifically relate to the suitability or unsuitability of the existing water tank structure to be utilized to provide the intended wireless communications.

How the proposed antenna(s) specifically relate to the anticipated need for additional antennas within and near the Borough of Wenonah by the applicant and by other providers of wireless communication services within the Borough.

Whether the proposed antenna(s) specifically relate to and accommodate the objective of co-locating the antenna of different providers of wireless communication services on a single supporting structure

How the proposed antenna(s), if located on the existing water tank structure, will relate to and achieve the objective of providing full wireless communication services within the Borough of Wenonah, and whether or not reasonable wireless communication services are already being provided to the residents of the Borough of Wenonah without the need for additional antenna(s).

Written evidence of a lease entered into by and between the applicant and the Borough Council, or evidence that a lease bid package has been received by the applicant from the Borough Council. Any approval by the Planning Board of an application for cellular antenna(s) as contained in this section shall be conditioned on the applicant obtaining a lease from the Borough as to the applicant's use of the water tank facility for said antenna(s).

Evidence submitted to the reasonable satisfaction of the Planning Board, and the Board shall make specific findings thereon, in any approval so granted, that no alternative technology can accommodate the applicant's proposed antenna either within or without the Borough of Wenonah. In submitting its evidence, the applicant must demonstrate that an alternative technology that does not require the use of towers or structures, such as cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new antenna development shall not be presumed to render the technology unsuitable.

Evidence submitted to the reasonable satisfaction of the Board that the proposed antenna(s) would not cause electromagnetic interference with the antenna(s) already existing on the water tank structure, or that the antenna(s) already existing on the water tank structure would not cause interference with the applicant proposed antenna(s).

In addition, the following conditions and requirements shall apply to any approvals granted:

All required electronic equipment for any approved antenna(s) to be located on the subject site, if required to be housed, sheltered or enclosed, shall be housed, sheltered or enclosed within a building which is no greater than 12 feet in height, and which building shall not exceed 250 square feet, and which shall be designed with a residential or office character appearance so as not to detract from the historic character of Wenonah, and must satisfy the minimum zoning district setback requirements for the zoning district in which the building lies.

The building, structure or other facility containing associated electronic equipment for the proposed antenna, along with all existing buildings or structures on the lot on which the water tank structure is located, shall not, together, exceed 50% of the total lot area.

The proposed antenna(s) shall be installed and operated on the platform or railing located on top of the water tank structure to the extent possible. There shall be no cable trays, brackets, or other antenna equipment or materials, including the antennas themselves, attached to the outside of the water tank or supporting structure unless it can be proven to the satisfaction of the Planning Board's Engineer and the Borough Engineer that such attachments can be accomplished without damaging the structural integrity of the water tank or its supporting structure. Any antenna or other related equipment attached to the water tank or its supporting structure shall be painted the same color as the water tank/supporting structure, and it shall be affixed to the same in such a way as to minimize its visual impact upon the surrounding area.

No lighting shall be permitted to accompany a proposed antenna(s) or associated buildings, structures or facilities housing equipment related thereto, unless specifically required by the Planning Board for safety reasons, and then such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.

No signage shall be permitted, unless "warning" and/or equipment information signs are necessary for safety purposes and are specifically approved or requested by the Planning Board.

A landscape design plan shall be submitted by the applicant designating an effective landscape screen using evergreen plants of at least eight feet in height, or such other landscape materials as are approved by the Planning Board of sufficient density to the maximum extent reasonably possible to enhance the appearance of the buildings, structures or facilities housing equipment relate to the placement of the requested antenna(s), and to shield them from the surrounding and adjacent residential properties or streets. The landscape design plan shall also include any fencing required by the Planning Board for the safety and security of any proposed buildings, structures or facilities associated with the requested antenna(s).

Documentation by a qualified expert(s), subject to review by the Borough Engineer, that the existing water tank structure has sufficient structural integrity to support the proposed antennas(s), and that the safety hazards resulting from ice falling from the structure and the antennas(s) have been adequately mitigated.

Evidence from an independent expert(s) that all equipment will comply with the then-current Federal Communications Commission (FCC) and the New Jersey Department of Environmental Protection (NJDEP) rules and regulations, including that radio frequency (RF) emissions will be within the FCC and NJDEP guidelines. Any approval shall contain a condition that the applicant shall provide a further report to the Borough Engineer from an independent expert that the RF emissions are within the FCC and NJDEP guidelines within 90 days after installation and initial operation/use, and a quarterly report shall be issued to the governing body thereafter as to the actual RF emission levels being experienced, and that upon any change in the FCC and/or NJDEP guidelines or regulations governing same, the applicant shall within 120 days of such change, provide a report to the Borough Engineer from an independent expert that the RF emissions are within the revised FCC and/or NJDEP guidelines or regulations.

In addition to it normal professional staff and given the technical and specialized nature of the testimony by the applicant's radio frequency expert(s), the Planning Board reserves the right to hire its own radio frequency expert to review and comment upon the testimony presented by the applicant, which costs shall be borne by the applicant as part of its escrow assessment. Additionally, based upon other testimony presented by the applicant, the Planning Board may hire such other experts with specialized areas of expertise if deemed necessary, and the reasonable costs of such additional experts shall be borne by the applicant.

Any wireless communications antenna and/or associated buildings, structures or facilities, not used for its intended and approved purpose for a period of six months or longer, shall be considered no longer operative and shall be removed by the responsible party within 60 days thereof.

Fences.

Purpose. The purpose of this section shall be to regulate the installation, construction, and maintenance of fences within the Borough of Wenonah and to provide conditions and restrictions thereon.

General regulations.

No fences shall be erected within the Borough without the owner of the premises or his/her representative making application for a permit for same.

Application for such fences shall be made, in writing, to the Zoning Official and Construction Official and shall set forth the following information:

The owner and the address of the premises where the fence is to be erected.

A description and specifications of the fence, including size, height, dimensions, material, size and percentage of openings.

A detailed scale plot plan showing all building locations and proposed location of fence on the applicant's premises and the property lines.

If deemed necessary by the Zoning Officer or Construction Code Official, a certified plot plan or survey of the premises in question shall be submitted which shall show abutting streets and the nearest intersection and shall approximately indicate the location of structures within 10 feet of the fence. The Zoning Officer or Construction Code Official shall have the right to refer review to the Combined Planning Board when, in the view of the official, the unique nature or characteristic of the property or fence in question, requires a further interpretation of the regulations herein.

No fence shall be designed or constructed in such a manner that it may impede, injure or obstruct the performance of health and/or safety personnel, or any other person, be they governmental or private, who might on occasion be lawfully on said property.

Any existing deed restrictions upon a property which requires stricter regulation of a fence situated thereon, than is set forth herein, shall not be superseded by this section.

These fence regulations shall not apply to the erection of an open wire fence, otherwise known as a chain-link fence, on publicly owned property such as. But not limited to, a park, playground or school premises, if the need for such a fence for such uses as athletic fields is demonstrated to, and approved by, the Construction Code Official.

The following fences and fencing materials are permitted: wood, vinyl over wood, aluminum, facing brick (but not masonry block), shrubbery, wrought iron (but not pointed), stone, natural shrubbery, etc. The following fences and fencing materials are specifically prohibited: barbed-wire fences, short pointed fences, canvas, cloth or electrically charged fences, poultry netting or so-called turkey or chicken wire fences, and open wire or chain-link fences (except as provided for in subsection E. immediately above). Temporary fences (such as snow fences, collapsible fences, or plastic fences normally used for soil erosion control, are prohibited except during construction on such property. All such temporary fences must be approved by the Construction Code official prior to and during erection for safety purposes.

Fences which are painted shall be painted in only one color so as to be harmonious with the surrounding area. Multicolored fences are prohibited unless relief is granted by way of variance application to the Combined Planning Board.

All fences shall be erected with the face or finished side facing toward the property line and away from any residences or structures on the property, with the unfinished or structural side facing toward the interior of the property, including any structures thereon. Fence gates shall have a latch and shall open into the property and not onto the sidewalk, street or other adjacent property.

Fences shall be erected in a manner such as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create puddling.

Fences shall not be erected on a property line without the approval of the adjacent property owner submitted in writing with the application for a fence permit, and in no event shall any fence extend beyond a property line.

(k)

In the construction Code Official, or the Zoning Enforcement Official, upon inspection, determines that any fence or wall or portion of any fence or wall is not being maintained in a safe, sound, upright condition, he shall notify the owner of such fence, in writing, of his findings and state briefly the reasons for such finding, and order such fence or wall, or portion of such fence or wall, repaired or removed within 30 days of the date of the written notice. If such an official determines that a fence or wall, or any portion thereof, creates an immediate hazard to the health, safety or welfare of the general public, or to the owners of property on which such fence or wall is located, then said official shall immediately notify said property owners to repair, replace or remove such hazard within a time-frame commensurate with the nature of the risks to safety posed therein. Each day a person fails to obey any such order as is referenced immediately herein shall constitute a separate violation of this order. Whenever such official determines that an immediate hazard exists and contact with the property owner cannot be made, said official shall cause to have the hazard or dancer remediated immediately, with the property owners being responsible for all reasonable costs associated with the same.

(l)

Living fences shall be maintained in a neatly trimmed condition and shall not exceed the permitted height set forth herein. No living fence shall be erected which will exceed any setbacks, cause damage to the foundations of any structure, encroach upon an adjacent property, or is of a species that contains any form of toxicity or emission that could pose a health risk to the general public.

Regulations for residential lots. Fences on residential lots may be erected as hereinafter set forth:

Swimming pools. A private residential swimming pool area must be surrounded by a fence at least four feet above grade, but no more than six feet, and must be in accordance within all state and local codes regarding fences around swimming pools.

Tennis courts. A tennis court area may be surrounded by a fence with a maximum of 12 feet in height, provided that said fence may not be located beyond that which is allowed for front yards, fences on interior lots, and fences on corner lots as set forth below, or be set back from any lot line by the distance required for accessory buildings in the zoning district, whichever is greater.

Front yards. No fence shall extend beyond the front plane of a residence or other principal structure located on a property.

Fence height. Fences six feet high or less above grade are permitted, except as set forth for tennis courts above.

Corner lots. For corner lots, the entire rear yard area may be fenced in, between the interior side lot line and the front lot line of the side street. For the yard area located adjacent to the side street, a fence shall not extend beyond the rear plane of the residence. For the side yard area located adjacent to the interior side lot line, the fence shall not extend beyond the front plane of the residence.

[Amended 5-27-2021 by Ord. No. 2021-5]

For corner lots, any fence extending into the front yard area adjacent to a side street is permitted to be an opaque fence up to a maximum height of three feet above the street grade. Furthermore, any portion of such a fence above said height must provide no less than 50% of clear space per fence panel, so as not obstruct clear sight distance at the intersection. Permit applications proposing such a fence must include evidence that the portion of the fence that exceeds a height of three feet above street grade either meets or exceeds the 50% clear space requirement.

[Added 9-28-2023 by Ord. No. 2023-10]

Satellite dishes, radio and television antennas, ham radio/citizens band antennas.

Purpose. Satellite dishes, radio and television antennas, and ham radio/citizen band antenna shall be located in any front yard of any property.

Front yard. No satellite dish, radio or television antenna, or ham radio/citizen band antenna shall be located in any front yard of any property.

Property line setback. Satellite dishes, radio and television antennas, and ham radio/citizens band antennas, where permitted, shall be setback from a side or rear property line in accordance with the setback requirements of an accessory building in the zone where situated. These setback requirements shall apply to the antenna and/or supporting structure itself, and not any guide wires, cables, etc., which are used to anchor or otherwise support the antenna and key supporting structure itself, and not any grade wires, cables, etc., which are used to anchor or otherwise support the antenna and key supporting structure. No antenna or any supporting structure shall be erected or located anywhere on any premises in such a way that a neighboring property, or a residence or other dwelling or structure thereon, will be damaged in the event that said antenna shall fall. No antenna or its supporting structure shall not be located on any property in any zone where it is in such proximity to a designated children's play area, park, school, playfield, or any other location specifically designed to entice the public to congregate, particularly children, thereby placing a child or adult at risk from injury in the event that said antenna shall fall.

Roof mounting. Satellite dishes, radio and television antennas and ham radio/citizens band antennas may be mounted upon the roof of any building provided that they are not visible from any street, and provided further that they meet all construction code standards.

Screening. All antennas and supporting structures, wherever mounted or positioned, shall be suitably screened with shrubbery to the extent possible, in order to minimize the visual impact of the same upon neighboring properties.

Building permit required. A building permit shall be required at a fee of $15 for the construction of any satellite dish, radio or television antenna, or ham radio/citizens band antenna. The permit shall be issued upon a sketch plan, and such other documentation as the Zoning Enforcement Officer and/or the Construction Code Official deem necessary, being submitted by the applicant, indicating that the conditions set forth herein will be complied with and that all applicable building codes will be met. Portable satellite dishes or antennas which are not permanently ground mounted or affixed to a roof, shall still require the issuance of a building permit if such satellite dish or antenna, or any replacement of the same, is to remain on the premises for more than 15 days.

Commercial antennae. No commercial antennae shall be constructed anywhere within the Borough of Wenonah.

Signs. No satellite dish, radio or television antenna, or ham radio/citizens band erected and/or utilized in the Borough of Wenonah shall have attached to it, or any supporting structure, any signage or lettering whatsoever.

Height restrictions. Antenna erected and utilized for the purpose of ham radio and citizens band operations shall not exceed 65 feet in height, to be measured from the ground at the base of either the antenna or supporting structure, to the highest point of the antenna or supporting structure.

Preemption. All requirements and conditions contained in this section shall be subject to any and all applicable federal or state laws, rulings or regulations, or rulings of any court having competent jurisdiction, particularly 101 FCC2d 952 (1985), A/K/A PRB-1 of the Federal Communications Commission, or any successor rule, or any deed restrictions or covenants upon any property, which shall be contrary to the requirements contained herein and, to the extent that such laws, rulings, regulations or deed restrictions or covenants are contrary to the requirements contained herein, they shall prevail as a matter of law.

Solar energy systems.

[Added 9-26-2019 by Ord. No. 2019-13]

Solar energy systems shall be accessory uses to the permitted principal and other accessory uses on a lot and shall not involve the production of power for off-premises consumption, nor shall such a use constitute the principal use of any lot. This prohibition shall not be interpreted to preclude the occasional sale of excess power from a solar energy system back to the public electric utility provider, but the systems shall be designed to provide output for a single residential structure, and the systems shall be designed to produce no more than 0.01 Kw per square foot of living space as documented in the property assessment of the structure, provided that all plans and usage shall be subject to the approval of the Fire Marshal and the Construction Official. For systems intended for uses other than the ones stated, or for any commercial projects, site plan approval is required.

[Amended 12-17-2020 by Ord. No. 2020-20; 9-28-2023 by Ord. No. 2023-9]

Either rooftop and building-mounted solar collectors or ground-mounted arrays and freestanding solar collectors are permitted to be installed, but not both.

Rooftop and building-mounted solar collectors are permitted in all zoning districts, subject to the following requirements:

Installation of rooftop and building-mounted solar collectors shall require a zoning permit from the Zoning Officer and a building permit from the Construction Office prior to installation.

Solar panels shall not be installed so as to be located above the highest point of the roof surface or structure. In no event shall the placement of solar panels or any part of the solar energy system result in a total height greater than what is permitted in the zoning district in which they are located for the principal building.

No part of the solar panels or solar energy system shall extend beyond the edge of the roof.

All visible solar collector parts, including frames and support structures, shall be black in color.

A rooftop and building-mounted solar collection system shall be no larger than 1,200 square feet.

(Reserved)[1]

Editor's Note: Former Subsection R(3)(f), regarding solar collectors location on façades, was repealed 9-28-2023 by Ord. No. 2023-9.

Rooftop solar collectors shall be contiguously connected, installed and arranged in a manner to mimic the roof shape and design.

The location and arrangement of the rooftop solar collection system shall be subject to zoning approval.

See Subsection R(15) for zoning permit application requirements.

Ground-mounted arrays and freestanding solar collectors are permitted as accessory structures in all zoning districts only if roof mounting is determined to be impractical by the property or homeowner, subject to the following requirements:

Installation of ground-mounted arrays and freestanding solar collectors shall require a zoning permit from the Zoning Officer and a building permit from the Construction Office prior to installation.

Ground-mounted arrays and freestanding collectors shall be located on properties of one acre or greater.

The total surface area of all ground-mounted and freestanding solar collectors on the lot shall not exceed 800 square feet.

The location of the ground-mounted arrays and freestanding collectors shall be set back a distance of 50 feet from all property lines.

Ground-mounted arrays shall not be located between the principal building and the street and shall not be located in any minimum required side or rear yards. All ground-mounted solar energy systems shall be screened from view from adjacent properties and streets with a year-round vegetative screen and/or buildings. An appropriate species of natural buffering vegetative material that will block the view of the solar collectors from abutting residential zones or properties shall be provided.

Ground-mounted arrays shall not exceed six feet in height, when oriented at maximum tilt.

[Amended 12-17-2020 by Ord. No. 2020-20]

All visible solar collector parts, including frames and support structures, shall be black.

Ground-mounted arrays shall be excluded from the calculation of the lot (impervious) coverage if mounted on a lawn or a vegetated area.

Submission of a plot plan survey that shows the location of the proposed ground-mounted array and freestanding solar collectors. Submission of a licensed survey of the property showing one-foot contour lines shall be required.

See Subsection R(15) for zoning permit application requirements.

Applications for a solar energy system shall include information demonstrating compliance with the provisions of this section.

To the extent reasonably possible, solar panels, regardless of whether they are roof-mounted or ground-mounted, shall be oriented and/or screened year-round so that glare is directed away from adjoining properties and streets.

To the extent reasonably possible, solar energy systems shall be designed using such features as colors, materials, textures, screening and landscaping so as to blend into their settings and avoid visual blight.

Solar energy systems shall not be used for the display of advertising.

Where site plan approval is required elsewhere in this chapter for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of solar collectors.

All solar collector installations must be performed by a qualified solar installer, and prior to operation the electrical connections must be inspected by the Construction Office or other appropriate electrical inspection agency as determined by the Borough. In addition, any interconnection to the public utility grid must be inspected by the appropriate public utility.

When solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New Jersey State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of Gloucester County and other applicable laws and regulations.

Clearing of natural vegetation solely for an installation or to improve the performance of a solar energy system shall be prohibited as prescribed by applicable laws, regulations and ordinances of the Borough, including, but not limited to, Chapter 53, Shade Tree Commission, and Chapter 18 Conservation, Park and Recreation Areas, of the Code of the Borough of Wenonah.

(13)

Any ancillary buildings and any outside storage associated with a solar energy system must, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment (i.e., in an agricultural setting accessory buildings could be designed to look like barns). Appropriate landscaping and architecture shall be provided to screen accessory structures from roads and adjacent residences.

(14)

The solar energy systems shall remain painted or finished in the color black. Finishes shall be matte or nonreflective.

(15)

The application for a zoning permit shall include all of the following documents and information which the Zoning Officer may submit to the Planning Board for a courtesy review. The information must demonstrate compliance with the provisions of this section. In the event the Zoning Officer does not believe the provisions of this section will be satisfied, an applicant may request a variance.

A zoning permit shall be required for the installation of a solar energy system.

Structural engineering information and data for rooftop and ground-mounted arrays from a licensed New Jersey Engineer.

The zoning permit application shall be accompanied by a plot plan survey which includes the following:

Property lines and dimensions.

Location, dimension, and types of existing major structures on the property.

Location, dimension, and type of the proposed solar energy system.

Orientation of the solar energy system.

The right-of-way of any public road that is contiguous with the property.

Overhead utility lines and easements.

Proposed screening for ground-mounted systems and equipment.

Location and size of existing trees within and next to the area of the proposed ground-mounted system, as well as any tree proposed to be altered or removed.

Fee. The application for a zoning permit for a solar energy system must be accompanied by the zoning permit fee.

Denial. The applicant shall have the right to appeal a denial for a permit under this provision to the Zoning Board.

Expiration. A permit issued pursuant to this subsection shall expire if:

The solar energy system is not installed and functioning within 24 months from the date the permit is issued; or

The energy system is out of service or otherwise unused for a continuous twelve-month period.

(16)

Any solar energy system that has generated no electricity for a period of 12 months shall be deemed to be abandoned and shall be decommissioned within six months of such abandonment and subject to the following requirements:

Decommissioning shall include the removal of the entire solar panel array and all associated facilities and equipment connected thereto from the premises and the cleaning and restoration of the area to a pre-installation condition.

If said decommissioning has not been completed within the requisite six-month period, then the Borough's Zoning Officer shall provide written notice by certified mail to the landowner requiring that decommissioning be completed within 30 days of the receipt of said notice.

COUNCIL ON AFFORDABLE HOUSING

If the decommissioning has not been completed within 30 days of the receipt of said notice, the Borough may either undertake the decommissioning and charge the landowner and/or facility owner and operator for all of the costs and expenses thereof, including reasonable attorneys' fees, or take appropriate legal action to compel the decommissioning. All costs incurred by the Borough shall be billed to the landowner and, if not paid within 60 days of billing, shall become a lien against the property.

§ 72-712 Administration.

Enforcement. The Mayor shall appoint a Zoning Enforcement Officer, confirmed by council, to enforce the provisions of this chapter. It shall be his or her duty to examine all applications for permits, countersign permits for construction and uses which are in accordance with the requirements of this chapter, record and file all applications for permits with any accompanying plans and documents, and make such reports as Council may require. Permits for construction and uses which are a conditional use, or variance to requirements of this chapter shall be issued only upon order of the Municipal Agency and/or Borough Council. Nothing herein contained shall require any change in plans or construction of a lawful use, the construction of which is started before the effective date of this chapter and which is started before the effective date of this chapter and which is completed within one year of the effective date of this chapter.

Permit required. A permit shall be required prior to the erection or structural alteration of any building, structure or portion thereof, and prior to the use or change in use of a building or land, and prior to the change or extension of a nonconforming use.

Application for permits. Applications for permits shall be made in writing to the Zoning Officer on such forms as may be furnished by the Borough. Such application shall contain all information necessary for the Zoning Enforcement Officer to ascertain whether the proposed erection, alteration, use or change in use complies with the provisions of this chapter.

Issuance of permits. Permits shall be granted or refused within 10 days after the written application has been filed with the Zoning Enforcement Officer. Upon completion of the erection or alteration of any building or portion thereof authorized by any permit, and prior to occupancy or use, the holder of such permit shall notify the Zoning Enforcement Officer of such completion. No permit shall be considered complete or permanently effective until the Zoning Enforcement Officer has certified that the work has been inspected and approved as being in conformity with the provisions of this chapter and other applicable ordinances. All applications, with accompanying plans and documents, shall become a public record.

Temporary permits. A temporary permit may be authorized by Borough Council upon recommendation by a Municipal Agency for a nonconforming structure or use which it deems beneficial to the public health or general welfare, or which it deems necessary to promote the proper development of the community provided that such nonconforming structure or use shall be completely removed upon expiration of the permit, without cost to the Borough. Such permit shall be issued for a specified period of time not exceeding six months, and may be reviewed on written application to Borough Council or a further six-month period.

§ 72-713 Amendments.

Amendment by Mayor and Council. Prior to the hearing on adoption of a revised zoning ordinance, or any amendments thereto, the Mayor and Council shall refer any such proposed ordinance amendment to the Combined Planning Board, pursuant to N.J.S.A. 40:55D-26 and N.J.S.A. 40:55D-64.

Referral to combined planning board. Prior to the adoption of a development regulation, revision, or amendment thereto, the Combined Planning Board shall make and transmit to the Borough council, within 35 days after referral, a report including recommendations concerning the proposed development regulation, revision or amendment thereto. Borough Council shall review the report of the Combined Planning Board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations. Failure of the Combined Planning Board to transmit its report within the thirty-five-day period provided herein shall relieve the Borough Council from the requirements of this subsection in regard to the proposed development regulation, revision or amendment thereto referred to the Combined Planning Board.

§ 72-714 Protests.

A protest against any proposed amendment or revision of a zoning ordinance may be filed with the Borough Clerk, signed by the owners of 20% or more either of the area of the lots or land included in such proposed change, or of the lots or land extending 200 feet in all directions therefrom, inclusive of street space, whether within or without the municipality. Such amendment or revision shall not become effective following the filing of such protest except by the favorable vote of two-thirds of all the members of the Borough Council of the Borough.

§ 72-715 Subsidized accessory apartments.

Intent and purpose. This chapter applies to the creation of subsidized accessory apartments in the Borough of Wenonah in accordance with the Borough of Wenonah's affordable housing obligations. It is the purpose of this program to help meet the Borough of Wenonah's fair share housing obligation through the subsidization of 10 voluntary conversions of existing single-family dwellings to accommodate subsidized accessory apartments.

Definitions. Definitions pertaining to affordable housing not found below are the same as those definitions that appear in the rules and regulations adopted by the Council on Affordable Housing in N.J.A.C. 5:91-1 et seq. or 5:93-1 et seq.[1] As used in this chapter:

APPLICANT

The person or persons applying for funds to create a subsidized accessory apartment in accordance with the provisions of this chapter.

The Council established by the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq., also known as COAH.

HOUSING ADMINISTRATOR

The person or agency hired, appointed or contracted by the Borough to perform the duties as described in this chapter. If an outside person or agency is hired, these duties may be split as best serves the intent of this chapter and the duties described herein between said outside agency or person and other Borough appointee.

INSPECTION OFFICER

A qualified inspector hired, appointed or contracted by the Borough or by the Housing Administrator (if an outside agency) to perform the duties described in this chapter.

LOW INCOME HOUSEHOLD

A household with a gross household income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the housing is located as determined by the Council on Affordable Housing in N.J.A.C. 5:93-1 et seq.[2] or its subsequent rules and regulations.

MODERATE INCOME HOUSEHOLD

A household with a gross household income of more than 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the housing is located as determined by the Council on Affordable Housing in N.J.A.C. 5:93-1 et seq.[3] or its subsequent rules and regulations.

SUBSIDIZED ACCESSORY APARTMENT

A portion of an existing single-family dwelling which has been converted through the use of public funds to an additional dwelling unit which shall be deed-restricted for occupancy by and affordability to a qualified low or moderate income household for a period of 10 years as part of the Borough's affordable housing program.

UTILITY ALLOWANCE

An allowance for utilities that is consistent with the personal benefit expense allowance for utilities as defined by HUD (or a similar allowance approved by COAH).

Editor's Note: Within Title 5, Community Affairs, of New Jersey Regulations, Chapter 91 and 93 are now reserved.

Editor's Note: Within Title 5, Community Affairs, of New Jersey Regulations, Ch. 93 is now reserved.

Editor's Note: Within Title 5, Community Affairs, of New Jersey Regulations, Ch. 93 is now reserved.

Eligibility. Only owners of property within designated zone districts within the Borough of Wenonah are eligible for the subsidized accessory apartments program. These Districts include: RR, R-1, R-2, R-2.5, and R-3. Eligibility is further determined by the following criteria:

The owner must agree to rent the subsidized accessory apartment unit only to a low or moderate income household. Proof of renter's income qualifications will be required by the Housing Administrator.

All existing deficiencies shall be corrected in the structure which will contain the subsidized accessory apartment; the entire structure shall be brought up to code standard. The standard for evaluating any rehabilitation activity on the existing dwelling unit shall be the BOCA National Existing Structures Code. The evaluation shall be undertaken and certified by the Inspection Officer.

The owner of the subsidized accessory apartment shall agree, by written contract, to comply with all of the requirements given herein, and those promulgated by the New Jersey Council on Affordable Housing.

Accessory Apartments developed under this provision shall be exempt from Council on Affordable Housing bedroom mix requirements (N.J.A.C. 5:93-7.3).[4]

Editor's Note: Within Title 5, Community Affairs, of New Jersey Regulations, Ch. 93 is now reserved.

Administration.

Affirmative marketing plan:

The subsidized accessory apartments created shall be affirmatively marketed in accordance with the Borough's Affirmative Marketing Plan.

Marketing of the availability of funds for the creation of subsidized accessory apartments shall be accomplished through the circulation of flyers describing the accessory apartments program, to be enclosed with the annual property tax bills; periodic press releases issued to the official newspaper to promote interest in the program; and making information and application packets available to interested owners upon request and free of charge.

Housing administrator. The Borough Council shall hire, appoint or contract with a Housing Administrator who will report to the Borough Council. The Housing Administrator's duties shall include:

Preparing a subsidized accessory apartments program manual consisting of the following: a) procedures for program marketing; b) eligible properties; c) the amount of money available for accessory apartment conversions; d) procedures for application intake; e) procedures for review and approval of work, including interim inspections of work; and f) the length and terms of affordability controls.

Preparing the information packets to be distributed to interested owners.

Developing the necessary application forms to be used by owners interested in applying for participation in the subsidized accessory apartments program. The application form shall clearly state that any owner who utilizes the provisions of this program will agree to place a deed restriction and a lien on his or her property. In addition, the applicant form shall require proof of ownership, insurance and other general information on the property in question. The content of the forms shall be approved by the Borough Council prior to their distribution to potential applicants.

Determining the eligibility of each property based on the requirements of the program.

Providing assistance to each applicant in completing application forms, submitting required documentation, and obtaining contractor's estimates.

Monitoring the progress of each subsidized accessory apartment project and coordinating contract proposals, inspections and payments under the terms of the program.

Monitoring and oversight of the deed restrictions placed on properties that have participated in the subsidized accessory apartments program.

Preparing and presenting annual monitoring reports to the Borough Council to assist in the Borough Council's submission of annual monitoring reports to COAH.

Maintaining files on each program applicant. The files may be used in responding to monitoring requests and to protect the municipality against charges of irregularity. The files shall include: a) the name of each applicant; b) if the applicant is not approved, the reasons for the disapproval; and c) if the applicant is approved:

The initial inspection report of the Inspection Officer;

Bids submitted by contractors;

The final owner/contractor agreement;

The owner/Borough contract;

Progress reports and interim inspection reports;

A copy of the final inspection report; and

A copy of the lien.

Inspection officer. The Borough Council or Housing Administrator shall designate a qualified Inspection Officer who will report to the Housing Administrator. The duties of the Inspection Officer shall include:

The initial inspection of the property to determine the condition of the existing dwelling.

A determination of whether or not the proposed improvements and the estimated cost of the improvements needed to create the accessory apartment will meet the parameters of the subsidized accessory apartment program. The Inspection Officer's report on the nature and costs of the improvements shall be made in writing to the Housing Administrator.

Interim and final inspections of work in progress, the issuance of a certificate of occupancy for the new dwelling unit, and the issuance of a certification of "standard condition" for the entire structure containing the new dwelling unit if improvements have been required. The certification shall bear the date of the inspection and shall be submitted in a written report to the Housing Administrator.

Funding.

The Borough shall include in its annual budget sufficient funds to cover the costs of the subsidized accessory apartments program. The money expended on the subsidized accessory apartments program shall be exempt from the limitations on final appropriations imposed pursuant to P.L. 1976, c. 88 (N.J.S.A. 40A:4-45.1 et seq.).

For fiscal years 1997-2003, the Borough Council shall appropriate money in its annual budget to provide grants to fund the creation of up to 10 subsidized accessory apartments in the amount of $10,000 per unit, as follows. This money shall be exempt from the limitations on final appropriations imposed pursuant to P.L. 1976, c. 68 (N.J.S.A. 40A:45.1 et seq.)

A minimum of $10,000 shall be provided for each subsidized accessory apartment unit to be created. The actual capital costs of creating an individual unit may be less than $10,000 if, at the end of each two-year period, the subsidized accessory apartment program as a whole has averaged at least $10,000 per unit. The property owner shall be obligated for any costs of bringing the rest of the structure up to code standard; the $10,000 subsidy shall be applied solely to the creation of the subsidized accessory apartment unit.

If the total amount of money budgeted in a given year is not expended as the result of insufficient eligible applications to the program for that year, the following year's budget will be increased to incorporate the residual money of the previous year or years.

General procedures for application, review and approval.

Interested owners will be able to secure information and application packets from the Housing Administrator and from the Borough Clerk/Administrator.

Interested owners will submit a completed application form to the Housing Administrator. The Housing Administrator will be available to assist the owner in the completion of the application form.

Interested owners who submit applications for the Borough's subsidized accessory apartments program shall not be required to pay fees for the application or for any of the inspections, permits or approvals undertaken or issued pursuant to the program.

The Housing Administrator will review the application for completeness and, if the application is complete, determine that the applicant has signed a binding contract stating his or her willingness to rent the subsidized accessory apartment unit to a qualified low or moderate income household.

The Inspection Officer will then inspect the property to rule on whether the structure which will contain the subsidized accessory apartment unit meets applicable code requirements and whether or not the proposed improvements and cost of the work needed to create the new unit will meet the parameters of the Borough's subsidized accessory apartments program. The Inspection Officer's determination will be submitted in writing to the Housing Administrator.

If the Inspection Officer issues a satisfactory report, the Housing Administrator will forward a copy of the application to the Borough Council for its approval. The Housing Administrator shall be available to discuss the application with the Borough Council at the time of its consideration.

Approvals and payments.

If the Borough Council approves the application, it shall simultaneously authorize the transfer of the required amount of the grant to a trust account to be administered by the Borough Clerk for the purpose of making payments for the construction work.

The project may begin as soon as the applicant and the Housing Administrator have, in the presence of the Borough Attorney, signed all of the necessary agreements. The Borough Attorney shall arrange for the filing of the lien and deed restriction with the property deed.

The Borough Council shall only deny an application for an accessory apartment subsidy if the project will not be in conformance with COAH's requirements, the Borough's Development Regulations Ordinance, or this chapter. All denials shall be in writing with the reasons therefor clearly stated.

After construction is completed, the Inspection Officer will inspect the unit and determine that the work has been completed in accordance with the approved work plan. If the work is incomplete, the final payment to the contractor shall be withheld until the work is completed to the satisfaction of the Inspection Officer and in accordance with the owner/contractor agreement.

All payments shall be made jointly to the owner and contractor. The owner shall endorse payment over to the contractor. Payments shall be divided into three or four equal parts to be made upon the signing of an agreement between the owner and the contractor, at one or more appropriate interim stages as set forth in the owner/contractor agreement, and upon final inspections of the completed improvements and the issuance of a certificate of occupancy for the new unit and a certification of standard condition on the rest of the structure by the Inspection Officer.

Owners may contribute "sweat equity" toward the creation of a subsidized accessory apartment and the improvement of the existing dwelling but shall not receive financial remuneration for their efforts.

Affordability controls.

Liens on property. An owner who receives financial assistance in the form of a grant under the provisions of the subsidized accessory apartments program shall be required to place a lien on his or her property. The following requirements shall apply to such liens:

The Borough shall be specified as the lienholder.

The lien shall specify that the value of the lien equals the amount of the monetary benefits received by the applicant under the subsidized accessory apartments program.

A record of the lien will be kept on the property tax record, in the County's tax files, in the Housing Administrator's records, with the deed and with the insurance policy, as required by this program.

All properties shall be checked for liens prior to the issuance of a continuing certificate of occupancy. Any suspected violations of the program shall be reported to the Housing Administrator for further investigation.

The owner shall notify the Housing Administrator, in writing, of the intent to sell a property that has benefited from the subsidized accessory apartments program, if the subsidized accessory apartment is still under the restrictions required by this program.

Each time the unit is re-rented, the owner must demonstrate that the unit will continue to be occupied by a qualified low or moderate income household and that the rent charged meets the affordability guidelines of the program.

Length of affordability. Owners who utilize the provisions of the subsidized accessory apartments program shall accept a deed restriction on the property. The deed restriction shall state that only a low or moderate income household, as determined by the Housing Administrator, shall occupy the subsidized accessory apartment unit. The deed restriction shall be recorded and a copy of the recorded deed shall be forwarded to the Housing Administrator. The deed restriction shall go into effect as soon as a certificate of occupancy has been issued and shall apply for 10 years. Sale of the property shall not affect the length or terms of the deed restriction.

Pricing. Owners of a deed restricted subsidized accessory apartment unit must follow the rental guidelines set forth below: a) Gross rents, including a utility allowance consistent with the utility allowance approved by HUD for use in New Jersey, shall be set so as not the exceed 30% of the gross monthly income for the appropriate household size and income level. Maximum rents for each household size and income level shall be calculated based on the regional weighted average of the current uncapped Section 8 income limits published by HUD and adopted by COAH. b) Rents for accessory apartments shall be established pursuant to N.J.A.C. 5:93-5.9(3).[5] The following criteria shall be used to calculate applicable rents for the accessory apartment units:

Efficiency units shall be affordable to one person households;

One bedroom units shall be affordable to 1.5 person households;

The average rent of all subsidized accessory apartments in each bedroom distribution must be affordable to a household earning 57.5% of the regional median income. To achieve this average, the Housing Administrator will establish one rent for a moderate income unit and one rent for a low income unit for each bedroom distribution. Low and moderate income designations will be alternated, beginning with a low income designation, for each bedroom distribution.

Editor's Note: Within Title 5, Community Affairs, of New Jersey Regulations, Ch. 93 is now reserved.

Annual indexed increases. The rents of the subsidized accessory apartment units may be increased annually in accordance with N.J.A.C. 5:93-9.15.[6]