Borough of Florham Park, NJ General Provisions

This chapter shall be known as "Zoning."

In interpreting and applying this chapter, the provisions hereof shall be held to be minimum requirements adopted for the promotion of the public health, safety and welfare of the citizens of the Borough. Among other purposes, the provisions of this chapter are intended to:

Permit the appropriate use or development of all lands in a manner which will promote the public health, safety, morals and general welfare.

Secure safety from fire, flood, panic and other natural and man-made disasters.

Provide adequate light, air and open space.

Promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment.

Encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.

Provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, cultural, religious, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements.

Encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight.

Promote a desirable visual environment through creative development techniques and good civic design and arrangements.

Promote the conservation of open space and valuable natural resources and prevent urban sprawl and degradation of the environment through improper use of land.

§ 250-2.1 Scope; conflict with other provisions; interpretation of references to Planning Board.

It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically or implicitly repealed by this chapter, or any private restrictions placed upon property by this chapter or any private restrictions placed upon property by covenant, deed or other private agreement unless in conflict herewith.

This chapter generally establishes minimum requirements under the law. Where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or lot coverage or requires greater lot area or larger yards or other open spaces than are imposed or required by the rules, regulations or permits referred to above or by such private restrictions, the provisions of this chapter shall control.

This chapter, as well as the Subdivision and Site Plan Review Chapter (See Chapter 212), and the Sign Ordinance (Ch. 199) shall represent the Land Use Ordinances of the Borough of Florham Park and have been drafted so as to implement the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. Any conflict between the ordinances mentioned above and the designated statutes shall be interpreted and resolved so as to best achieve the intentions of the drafters of this legislation in maintaining the most stringent standards which will inure to the benefit of the Borough.

All references to the Planning Board in this chapter include, in appropriate instances, the Zoning Board of Adjustment, which has equal powers, and therefore such reference is meant to include the Zoning Board of Adjustment, where applicable.

References to specific Borough codes are made a part of this code.

§ 250-2.2 Definitions.

General rules of construction and interpretation. Words used in the present tense include the future; the singular number shall include the plural and the plural the singular; the word "used" shall include the words "arranged," "designed," "constructed," "altered," "converted," "rented," "leased" or "intended to be used"; the word "shall" is mandatory and not optional, and the word "abut" shall include the words "directly across from," "adjacent" or "next to."

Terms not defined. Whenever a term is not defined in this chapter, it is intended to have the meaning set forth in P.L. 1975, c.291 (N.J.S.A. 40:55D-3 through 40:55D-7), if defined by that statute. In the event of conflict between the definition in this chapter and that contained in said statute, the definition in said statute shall apply.

Word usage. The word "lot" includes the words "plot" and "parcel"; the word "person" includes a corporation as well as an individual; and the words "used" and "occupied" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied, or offered for occupancy." The term "such as," where used herein, shall be considered as introducing a typical or illustrative, rather than an entirely exclusive or inclusive, designation of permitted or prohibited uses, activities, establishments or structures. The words "zone" and "district" are synonymous.

For the purposes and use of the Land Use Ordinance, the following words and phrases shall have the meanings respectively ascribed to them by this section:

ACCESSORY BUILDING OR STRUCTURE OR USE

A separate and subordinate use or structure customarily incidental to and located on the same lot occupied by the principal use or structure to which it relates. Where an accessory structure is attached to the principal structure by any means, it shall be considered part of the principal structure for the purposes of determining all bulk requirements.

[Added 11-14-2022 by Ord. No. 22-16][1]]

ADDITION

A structure or an increase in floor area or height, added to the original structure after the certificate of occupancy has been issued for the original structure.

ADMINISTRATIVE OFFICER

The Borough Administrator, unless a different municipal official or officials are designated by ordinance, statute or resolution.

AGE-RESTRICTED HOUSING

Housing (a) occupied by (i) at least one individual who is age 55 or over or (ii) the surviving spouse of an individual who occupied the housing unit and was 55 years of age or older at the time of death, and (b) not occupied by anyone under age 19.

[Added 9-19-2006 by Ord. No. 8-06]

ALTERATION

As applied to a building or structure, a change or rearrangement in the structural parts or an enlargement, whether by extension of a side or by increase in height or by moving from one location to another, or a change in use. (See also N.J.A.C. 5:23-6.4-1.4)

ANTENNA

Any structural or mechanical device which is designed for the purpose of sending or receiving television, radio, microwave, telephone, satellite or similar signals transmitted from a geostationary orbit or another land source.

APPLICANT

A developer submitting an application for development and the owner of the property to be developed.

APPLICATION FOR DEVELOPMENT

The application form and all accompanying documents required for approval of a subdivision plat, site plan, planned development, conditional use, development permit or zoning variance or for direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36. (See also Ch. 212).

ASSISTED-LIVING RESIDENCE

A facility licensed by the New Jersey Department of Health to provide apartment-style housing and congregate dining and to assure that assisted-living services are available when needed, for four or more adult persons, age 55 or older, unrelated to the proprietor. Apartment units offer, at a minimum, one multipurpose room, a private bathroom, a kitchenette and a lockable door on the unit entrance.

BASEMENT

An interior space of a building having a floor level more than two feet below the average level of the finished grade at the front of the building. A basement in a nonresidential building shall be considered a story unless the basement is and remains unfinished and under-utilized except for storage or utility purposes. (See also N.J.A.C. 5:23-1.4.). Notwithstanding the foregoing, basements in office buildings in the POD-S Zone (regardless of finish or use) shall not be counted as a story so long as the finished basement space, and basement space used for purposes other than storage (including vehicle parking) or utility service, are counted as floor area in determining compliance with the limits on maximum permitted office space under § 250-123A(1)(b) below.

[Amended 4-27-2010 by Ord. No. 10-8]

BILLBOARD

Any sign advertising a business, organization or other entity, property, product, service, or entertainment, which is conducted, sold, or offered at a location other than the premises on which the sign is located. This definition shall not include any signs with a sign area smaller than 24 square feet. "Static billboard" shall mean a billboard that does not include internal illumination or digital display, such as a printed copy for a single advertisement. "Digital billboard" shall mean a billboard that uses internal illumination or digital display, including those that contain multiple advertisements that cycle on predetermined intervals.

[Added 11-14-2022 by Ord. No. 22-16]

BREWERY, WINERY OR DISTILLERY

Any establishment or facility that brews, distills, manufactures, blends, or bottles alcoholic beverages, including, but not limited to, wine, hard cider, mead, cordials, or liquors, provided it is licensed by New Jersey as per N.J.S.A. 33:1-10 (1b), (3d) or (2a) respectively.

[Added 11-14-2022 by Ord. No. 22-16]

BUFFER AREA

A strip or parcel of land containing natural woodlands, earth mounds or other planted screening materials or vegetation which separates one type of land use from another and wherein no use, activities or signs shall be permitted unless permitted by the Planning Board.

BUILDING

A combination of materials to form a construction with a roof, adopted to permanent, temporary or continuous use or occupancy for public, educational, assembly, institutional, residential, business, industrial or storage purposes. The term "structure" as used herein is compatible with but not necessarily limited to an occupancy use. (See also N.J.A.C. 5:23-1.4.)

BUILDING LOT COVERAGE

The percentage of a lot covered by building structures, as measured at the exterior of the walls, and not including the area under roof overhangs that extend under 18 inches beyond the building wall, should there be any. In any instance where an overhang exceeds 18 inches, the entire overhang shall be included in building coverage calculations. Building lot coverage shall include all permanently fixed solid roof structures, with the exception of any accessory structures that are under 200 square feet in area.

[Amended 11-14-2022 by Ord. No. 22-16]

BUILDING ENVELOPE

The perimeter area within a lot formed by the minimum front, rear and side yards, or other greater established yards.

CERTIFICATE OF OCCUPANCY

The certificate issued by the Construction Code Official, in accordance with the New Jersey Uniform Construction Code[2] and the Borough Land Use Ordinances and in conjunction with all construction or change of use, subject to any prior approvals and any conditions established by the appropriate boards having jurisdiction.

CHANGE IN USE

The use of the building or land which is in any manner different from the previous use by way of function, operation, extent or change in products sold, handled or manufactured, including a change from one permitted use to another permitted use in the same zone; this includes any change in occupancy or tenancy in nonresidential zones, even if the use remains the same. [(See also § 250-7.2B(l)(b).]

CHILD-CARE CENTER

Any institution licensed by the New Jersey State Department of Children and Families (DCF) or its successor agency that provides care for six or more children below 13 years of age who attend less than 24 hours a day. This shall include all child-care facilities, including private day cares, and day cares maintained by a charitable or religious organization.

[Added 11-14-2022 by Ord. No. 22-16]

CLUSTER SUBDIVISION

A form of development that permits a reduction of lot area and bulk requirements, provided that there is no increase in the number of lots permitted under the conventional zone and no increase in the overall density, and that the remaining area is devoted to open space, active recreation or preservation of environmentally sensitive areas.

COAH

The New Jersey Council on Affordable Housing.

[Added 5-15-2001 by Ord. No. 9-01]

COLLEGE or UNIVERSITY

An education institution authorized by the state to award baccalaureate or higher degrees. The use may include buildings, structures, uses and activities normally associated with institutions of higher learning, such as classroom and laboratory buildings, dormitories, libraries, student centers, faculty residences, auditoriums, gymnasiums and athletic facilities.

[Added 2-15-2018 by Ord. No. 18-2]

COMMERCIAL ATHLETIC TRAINING FACILITIES

Athletic training facilities for professional or amateur sports teams and facilities and/or uses ancillary or incidental thereto, which facilities and/or uses may include buildings containing administrative, operations and business offices, buildings containing gymnasiums, locker rooms and athletic training equipment, dormitories, indoor and outdoor athletic fields, air-supported domes for indoor fields, indoor and outdoor field lighting, surface parking, buildings for maintenance, food service, medical (including, without limitation, rehabilitation and physical therapy facilities and services and related administrative uses), lodging for the players and staff of the sports team, related retail, merchandising, restaurant and entertainment uses, temporary or permanent seating or facilities for public spectator events, including, without limitation, training, practice sessions, special scrimmages, mini-camps, fitness and training camps, marketing events, carnivals, fairs, concerts, and the like, and any other accessory buildings and facilities related or incidental to any of the foregoing uses.

[Added 9-19-2006 by Ord. No. 08-06]

COMMERCIAL RECREATION

Provision of recreation-related products or services for a fee, where the building or lot or part thereof is used for recreation or entertainment purposes, and may include such uses as indoor sports fields, laser tag, billiards or pool halls, bowling alleys, miniature golf courses, bingo halls, roller skating, and amusement arcades.

[Added 11-14-2022 by Ord. No. 22-16]

COMMERCIAL VEHICLE

Any motor vehicle registered commercially, or used for profit, which is required by law, if used on the highways, to bear any license plate other than that issued for passenger car use under applicable state laws; excluding, however, any passenger automobile not for hire, used and designed for the transportation of fewer than 10 passengers.

COMMISSARY KITCHEN

A business regulated by the NJ Department of Health and FDA or successor agencies that provides inspected and registered commercial kitchen space for the preparation and storage of food, on a temporary, rental, or scheduled basis for commercial catering, mobile food truck, or other food businesses that do not operate in restaurant building. May include a business that provides commercial kitchen space for start-up food businesses on a fee or rental basis.

[Added 11-14-2022 by Ord. No. 22-16]

COMMON OWNERSHIP

Ownership of two or more contiguous parcels of real property by one person or entity, or by two or more persons or entities owning such property as joint tenants or as tenants in common.

CONCEPT PLAN

A plan intended for informal review and discussion purposes which presents in a general manner the proposed design and features of development, but which carries no vesting rights or obligations to any party.

CONDITIONAL USE

A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an approval therefor by the Planning Board.

CONSTRUCTION CODE OFFICIAL

The qualified official appointed by the Mayor and approved by the Borough Council to enforce and administer the regulations promulgated by the State Uniform Construction Code. (See N.J.S.A. 52:27D-119 et seq. and N.J.A.C. 5:23-1 et seq.)

CONSTRUCTION PERMIT

Any permit required prior to constructing, moving, altering or demolishing any building or structure.

CORPORATE SUITES

One or more buildings containing suites/occupancy units available to the public, with or without meals. The suites/occupancy units shall be contracted for occupancy on a transient and/or transitional basis. The minimum size of such suites/occupancy units shall be not less than 650 heated square feet and shall include facilities for living, sleeping, eating, cooking and sanitation. At least 50% of the corporate suites provided on any lot shall contain one bedroom, and no corporate suite/occupancy shall have more than two bedrooms. Accessory services and amenities offered by the facility shall include and be limited to a) indoor facilities and services consisting of leasing center, housekeeping services, furnished and unfurnished units, café, vending facilities, lobby/lounge/gallery, structures and facilities, maintenance facilities, commercial laundry, garages, mail facilities, and a state of the art business center, which shall contain a business lounge, computer center/cybercafe videoconferencing facilities, telecommunications facilities, multimedia presentation facilities, copy/production facilities, theater with permanent seating for not more than 35 people, media screen room, meeting rooms and conference facilities, breakout rooms, fitness center, yoga room, spa, massage facilities and other business support areas, and b) outdoor amenities consisting of pool, cabanas, fire pit, passive recreation seating, meeting areas with outdoor furniture, and dancing area, all of which shall be for the exclusive use of occupants and their guests. Use of facilities by guests shall be accessory to the occupant's use of such facilities.

[Added 4-17-2014 by Ord. No. 14-1]

DENSITY

The permitted number of families, individuals, households or dwelling units per unit area of land to be developed.

DEVELOPER

The legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT

The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, location or enlargement of any building or other structure or of any mining, excavation or landfill; and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required and municipal permits obtained.

DEVELOPMENT FEES

Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in COAH's rules.

[Added 5-15-2001 by Ord. No. 9-01]

DISTRIBUTION CENTER

A building or place primarily used for the short-term storage, loading, unloading, as well as accessory consolidation and repacking of goods and/or relatively rapid distribution from the facility to multiple locations. This shall include buildings with dock doors on at least two sides. Fulfillment centers, parcel hubs, and last-mile facilities for local van deliveries may be considered a distribution center, subject to the other requirements of this section.

[Added 11-14-2022 by Ord. No. 22-16]

DOCK DOOR

A sectional door on a building façade above grade, which allows truck trailer doors to open into the building for the loading and unloading.

[Added 11-14-2022 by Ord. No. 22-16]

DRAINAGE

The removal of surface water or groundwater from land by drains, grading or other means, including control of runoff to minimize erosion and sedimentation during and after construction or development, and the means necessary for water supply preservation or prevention or alleviation of flooding.

DRIVE-IN DOOR

A grade level door that is located both inside and outside of the building that vertically opens and closes down to the ground, and allows for the passage of vehicles through it.

[Added 11-14-2022 by Ord. No. 22-16]

DWELLING

A single unit of housing providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping eating, cooking and sanitation.

EASEMENT

A use or burden imposed upon real estate by deed or other legal means to permit the use of land by the municipality, public, a corporation or particular persons for specific uses.

EDUCATIONAL TRAINING

A use or business that provides private education services, including training facilities, cosmetology and barber schools, fine arts schools, language schools, exam preparation and tutoring, or similar uses, but excluding heavy machinery or mechanical equipment training.

[Added 11-14-2022 by Ord. No. 22-16]

EQUALIZED ASSESSED VALUE

The value of a property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of building permit may be obtained by the Tax Assessor utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the Municipal Tax Assessor.

[Added 5-15-2001 by Ord. No. 9-01]

ESSENTIAL SERVICE

The erection, construction, reconstruction, alteration or maintenance by public utilities, municipal or other governmental agencies of gas, electrical power, water mains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or governmental agencies for the public health, safety or general welfare. Essential services shall include firehouses and first aid and emergency aid squads, whether provided by municipal or nonprofit agency.

EXPOSED FOUNDATION

The exterior portion of a structural component used at the base of a building, or the foundation, that is visible above grade.

[Added 11-14-2022 by Ord. No. 22-16]

FAMILY

One or more persons customarily living together as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodging house, hotel or motel; an individual or married couple and the children thereof, with not more than two other persons related directly to the individual or married couple by blood or marriage; or a group of not more than five unrelated persons, living together as a single housekeeping unit in a dwelling unit.

FARMING

The use of land for agricultural or horticultural use or for raising poultry or domesticated livestock.

FENCE

An arrangement of rails, stakes, shrubs, metal, masonry, wood or wire, erected or planted as an enclosure, barrier or boundary. (See also Chapter 216).

FLAG LOT

A lot not meeting the minimum frontage requirements or not abutting a public street and where access is provided through a narrow private right-of-way or driveway.

[Added 2-15-2018 by Ord. No. 18-2]

FLATS, APARTMENTS

A dwelling unit located in a building containing one or more similar units and adjoining said similar units above, below or to the side and which may share with said similar units common facilities, such as entranceways, hallways and utility facilities or systems.

FLOODPLAIN; FLOODWAY; FLOOD HAZARD AREA

All lands designated flood areas, as determined by a map entitled "Special Flood Hazard Area and Floodway Map," dated January 9, 1976, with latest revisions.

FLOOR AREA

The area of interior floor space computed by measuring the dimensions of the outside walls in a building or dwelling unit, excluding attic, cellar and basement floors, porches, patios, terraces or breezeways, carports, verandahs or garages; provided, however, that floor area shall include any area located below the first or ground floor if used for human habitation or service to the public.

FLOOR AREA RATIO

The sum of all floor area of buildings or structures compared to the total area of the site.

[Added 3-19-2002 by Ord. No. 4-02; amended 12-19-2002 by Ord. No. 22-02A]

FULFILLMENT CENTER

A type of building for third-party logistics that receives, processes, and fills customer orders on behalf of retailers. Fulfillment centers are characterized by the presence of multiple mezzanine levels and require additional on-site parking for employee vehicles.

[Added 11-14-2022 by Ord. No. 22-16]

GARAGE, PRIVATE

An accessory building or structure or a part of the main building used for the storage of not more than three passenger motor vehicles or two such vehicles and one automotive truck not exceeding a gross vehicle weight of 10,000 pounds' capacity owned or used by the occupant of the building to which the garage is accessory, and in which no occupation, business or service for profit is conducted.

[Amended 11-14-2022 by Ord. No. 22-16]

GARAGE, PUBLIC

A building or part thereof, other than a private garage, used for the commercial storage, washing, maintenance or repair of motor vehicles for profit, or where any such vehicles are kept for hire.

[Amended 11-14-2022 by Ord. No. 22-16]

GARDEN APARTMENT

A building of no more than three stories containing at least three dwelling units, in which one dwelling unit may be located over another unit. Access to individual units may be from common or shared areas.

GOLF COURSE

An area of 50 or more contiguous acres containing a full-size golf course, at least nine holes in length, as well as the necessary and usual accessory uses and structures, including but not limited to clubhouse facilities, dining and refreshment facilities, swimming pools and tennis courts, if not otherwise prohibited by this Code or other ordinance, provided that the operation of such is incidental and subordinate to the operation of a golf course.

HABITABLE SPACE

Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.

HAZARDOUS SUBSTANCE

Any substance or material that, by reason of its toxic, caustic, corrosive, abrasive or otherwise injurious properties, may be injurious, detrimental or deleterious to the health of any person coming in contact with the same, which materials are set forth and listed by the New Jersey Department of Environmental Protection.

HEALTH AND WELLNESS CENTER or HWC

An establishment providing a broad range of facilities and services for the promotion, maintenance, and improvement of the health and well-being of people within the surrounding community, including but not limited to cardiovascular, strength training and other exercise rooms and equipment, individual and group exercise programs, swimming pools, lap pools, therapy pools, whirlpools, locker rooms, private changing rooms, steam rooms, saunas, showers, individual and group aquatic exercise and rehabilitation programs, community health education programs and individual health education counseling, classrooms, nursing offices, health research library, computer laboratories providing internet access to health-related topics, medical spas, health spas, rehabilitation services and facilities, including cardiac rehabilitation and physical, speech, and occupational therapies, child care facilities, caf, and cooking classrooms for training and instruction in the preparation of healthful diets for diabetics, heart patients, and others with special dietary needs, as well as for normally healthy individuals.

[Added 9-19-2006 by Ord. No. 08-06]

HEIGHT OF BUILDINGS

The vertical distance of a structure measured from the average elevation of the finished grade 10 feet from the building corners, measured diagonally, to the level of the highest point of the roof. On lots of less than two acres in lot size, where retaining walls are proposed, the height shall be measured from the average grade of the lot prior to construction.

[Amended 4-26-2005 by Ord. No. 17-05; 6-14-2018 by Ord. No. 18-15; 11-14-2022 by Ord. No. 22-16]

HOME OFFICE

Any activity carried out for gain by a resident and conducted as a customary, incidental, and accessory use in the resident’s dwelling unit, such as but not limited to physician, dentist, lawyer, architect, artist, engineer, accountant, consultant, teacher of academic subjects or musical instruments, or similar occupations, but shall not include personal service businesses as defined herein, except for medical massage therapists treating patients solely by prescription.

[Added 9-21-2004 by Ord. No. 08-04; amended 3-20-2007 by Ord. No. 07-2]

HOTEL or HOTEL AND CONFERENCE CENTER

A facility providing rooms for temporary lodging for paying guests, which facility may also include in the same building a fitness center for use of hotel guests, meeting and/or conference rooms, restaurant and/or bar facilities, ballrooms, and ancillary stores, shops, and service facilities, provided that such stores, shops, and service facilities are primarily for the use and convenience of hotel guests and/or patrons of other uses within the hotel building.

[Added 9-19-2006 by Ord. No. 08-06; amended 3-18-2008 by Ord. No. 08-4; 4-17-2014 by Ord. No. 14-1]

INDEPENDENT LIVING UNITS

A dwelling that is located within a senior citizen housing community and is a) occupied by i) at least one individual who is age 62 or over or ii) the surviving spouse of an individual who occupied the housing unit and was 62 years of age or older at the time of death, and b) not occupied by anyone under age 19.

[Added 9-24-2020 by Ord. No. 20-15]

INSTITUTIONAL USE

A use by a public, nonprofit, quasipublic or private institution or entity for educational, religious, charitable or medical purposes. Summer camps shall not be considered institutional uses.

JUDGMENT OF REPOSE

A judgment issued by the Superior Court approving a municipality's plan to satisfy its fair share obligation.

[Added 5-15-2001 by Ord. No. 9-01]

LAND

Ground, soil or earth, including improvements and fixtures on, above or below the surface thereof.

LAND USE ORDINANCE

See Chapter 212, Subdivision and Site Plan Review, and Chapter 199, Signs.

LOADING AREA

An off-street loading or unloading area of at least 420 square feet, exclusive of driveways or aisles giving access thereto, which is accessible from a street, alley, driveway or aisle and is arranged, designed and usable for the temporary parking for loading or unloading of one motor vehicle.

LOT or LOT AREA

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law, to be used, developed or built upon as a unit.

LOT, CORNER

A lot at the junction of and bounded by two or more intersecting streets, or a lot bounded on two or more sides of the same street or different streets when these sides form an interior angle of less than 135°.

LOT COVERAGE, IMPROVED

That percentage of a lot which is improved or is proposed to be improved with buildings and structures, covered by surfaces that have been compacted or covered with a layer of material so that it is highly resistant to infiltration by water, including, but not limited to, driveways, parking lots, pedestrian walkways, signs, and other man-made improvements on the ground surface which are more impervious than the natural surface. For purposes of this definition, the area of water within a pool and gravel landscaping shall be exempt from the lot coverage calculation. Notwithstanding anything to the contrary above, stormwater detention basins (with or without liners) and artificial turf athletic fields shall not be considered to be improved lot coverage.

[Amended 9-19-2006 by Ord. No. 08-06; 11-14-2022 by Ord. No. 22-16]

LOT DEPTH

The average distance between the front and rear property lines of any lot.

LOT FRONTAGE

The length of the front lot line measured along the street right-of-way line. In the case of corner lots, the line on which the primary entrance faces.

[Amended 11-14-2022 by Ord. No. 22-16]

LOT WIDTH

In the case of irregularly shaped lots, the minimum lot width specified in the Schedule (§ 250-9)[3] shall be measured at the rear line of the minimum required front yard area, provided that never shall the frontage of such lot be less than 70% of the minimum frontage required in the Schedule.

MASTER PLAN

A composite of one or more written or graphic proposals for the development of the Borough prepared and adopted pursuant to the Municipal Land Use Law.

MEDICAID WAIVER

Medicaid waiver designates a form of insurance payment for certain assisted living care, health and medical services paid through the Enhanced Community Options (ECO) waiver program which is a home and community-based services waiver for the elderly and disabled. The New Jersey Department of Health and Senior Services must license Medicaid providers of assisted living services. In addition, the New Jersey Department of Health and Senior Services allocates Medicaid waivers to specific licensed assisted living residences. In accordance with N.J.S.A. 26:2H-12.16 et seq., a new assisted living residence or comprehensive personal care home licensed on or after September 1, 2001, shall attain a level of occupancy by Medicaid eligible persons of at least 10% of its total bed complement within three years of licensure and shall maintain this level of Medicaid occupancy thereafter.

[Added 9-24-2020 by Ord. No. 20-15]

MEMORY CARE UNITS

Residential facilities within a senior citizen housing community providing housing and care to individuals with Alzheimer's and other forms of dementia and memory impairment. Memory care units will primarily be occupied by senior citizens but may also be occupied by early onset residents of any age.

[Added 9-24-2020 by Ord. No. 20-15]

MOBILE HOME

Any truck or trailer-type structure, over 32 feet in length, designed and used for habitation.

MOTOR VEHICLE SERVICE STATION

Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel for motor vehicles and which may include facilities used for repairing, storing, polishing, greasing, washing, maintaining or servicing such motor vehicles, but shall not include convenience stores, motor vehicle body repairing, motor vehicle painting, commercial car washing establishments or the selling of new or used vehicles or the display of those vehicles, new or used, for sale and other businesses to which motor vehicle service stations are necessary.

MULTIFAMILY RESIDENCE

An attached grouping of more than two dwelling units on a common parcel of real property, commonly referred to as townhouses, apartments, villas, condominiums or low- to moderate-income housing, and having been constructed in conformity with an approved site development plan and any other prior approvals.

MUNICIPAL LAND USE LAW

N.J.S.A. 40:55D-1 et seq., as amended.

NONCONFORMING LOT

A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING STRUCTURE

A building or structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING USE

A use or activity which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment. Such uses shall not be expanded or enlarged except by variance.

NONPUBLIC SCHOOL

An elementary or secondary school, other than a public school, offering education for grades kindergarten through 12, or any combination thereof, wherein any child may legally fulfill compulsory school attendance requirements and which complies with the requirements of Title VI of the Civil Rights Act of 1964 [N.J.S.A. 18A:46A-2b].

[Added 11-14-2022 by Ord. No. 22-16]

OFF-SITE

Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.

OFF-TRACT

Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

OFF-TRACT IMPROVEMENT

An improvement which is not located on the property which is the subject of an application for development nor on a contiguous portion of a street or right-of-way, and includes any of the following:

(1)

All improvements of the types required for on-tract installation where the need for the providing of such improvements off-tract is, in whole or in part, made necessary by the proposed application of the applicant and where the making of such improvements will confer a benefit upon the applicant's lands which are the subject of the application.

(2)

Any improvement or facility, the installation of which is required in the public interest and the public need for which would not arise but for the improvement of the lands which are the subject of the applicant's application and the installation of which would confer a benefit upon the applicant's lands which are the subject of the application. In addition to improvements of the type referred to above, improvements required to maintain a safe flow of vehicular and pedestrian traffic are specifically declared to be necessary in the public interest.

(3)

Installation of new improvements and extensions and modifications of existing improvements.

ON-SITE

Located on the lot in question.

ON-TRACT

Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OPEN SPACE

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or in the neighborhood of such open space.

OUTDOOR STORAGE

The keeping, outside the confines of a building, of goods, supplies, equipment, materials and merchandise of any kind intended for use or sale on or off the premises.

PARCEL HUB

A type of warehouse that typically serves as a regional or local freight-forwarder facility for time-sensitive shipments via airfreight or ground carriers that is characterized by a building that is 150 to 300 feet wide, with access to dock doors provided on two opposites of the building and up to all four sides. This use does not include truck maintenance, wash, or fueling facilities.

[Added 11-14-2022 by Ord. No. 22-16]

PARKING SPACE

An accommodation for the parking off-street of one operable, licensed vehicle, which shall be 10 feet wide and 20 feet long. Pursuant to the New Jersey Residential Site Improvement Standards (RSIS), a parking space for residential use shall be a minimum of nine feet wide and 18 feet long.

[Amended 11-14-2022 by Ord. No. 22-16]

PERMITTED USE

Any use of land or buildings which shall be allowed, subject to the provisions of this Land Use Ordinance of the Borough.

PERSONAL CARE SERVICES

A business engaged in providing services involving the care of a person, such as beauty salons (which may include cosmetic services such as eyebrow threading, eyebrow microblading or other semipermanent makeup application, eyelash extensions or tinting, or similar services), nail salons, barbershops, tanning salons, nonmedical massage, bodywork and somatic therapy establishments, and exercise and fitness clubs. Personal care services shall not include tattoo or body art businesses.

[Added 2-15-2018 by Ord. No. 18-2[4]; amended 11-14-2022 by Ord. No. 22-16]

PET CARE SERVICES

A business engaged in providing services in the care of animals kept as pets, which includes pet grooming, daytime pet care less than 24 hours a day, and pet obedience and training facilities, but does not include overnight lodging or kennel services.

[Added 11-14-2022 by Ord. No. 22-16]

PLANNED COMMERCIAL DEVELOPMENT

A contiguous or noncontiguous area greater than 300 acres to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial, office and such other uses incidental to the prominent use as may be permitted by this chapter.

[Added 3-19-2002 by Ord. No. 4-02; amended 12-19-2002 by Ord. No. 22-02A]

PLANNED DEVELOPMENT

A planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.

PLANNED UNIT DEVELOPMENT or PUD

An area with a minimum contiguous or noncontiguous area of 450 acres to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ratios of nonresidential uses to residential uses as are specified in this chapter.

[Added 9-19-2006 by Ord. No. 08-06]

POD PARKING SPACE

An accommodation in the Planned Office District Zones for the off-street parking of one operable, licensed vehicle, which shall be nine feet wide and 18 feet long.

[Added 3-19-2002 by Ord. No. 44-02; amended 12-19-2002 by Ord. No. 22-02A]

PORTABLE STORAGE CONTAINER

Any container, storage unit or portable structure (commonly known as PODS) designed to be used on a temporary basis and without a foundation for the purpose of storing tangible property for the use of the residents lawfully occupying the subject premises and not for occupancy by persons.

[Added 9-24-2015 by Ord. No. 15-19]

PRINCIPAL USE

The primary or predominant use of a building or structure.

PROHIBITED USE

A use not listed as a permitted use in the Land Use Ordinances of the Borough or which is specifically prohibited.

PUBLIC UTILITY USES

Buildings, structures and facilities, including generating and switching stations, poles, lines, pipes, pumping stations, repeaters, antennas, transmitters and receivers, valves and all buildings and structures relating to the furnishing of utility services, such as electric, gas, telephone, water, sewer, and public transit, to the public.

R.O.W.

Right-of-way (public).

RESIDENTIAL CLUSTER

An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.

RESTAURANT

A facility in which food is prepared and is served for consumption on the premises to patrons seated at tables, booths or counters inside the building by waiters and/or waitresses. (See also Sidewalk Cafe Code, Chapter 208, Article VI.)

RESTAURANT, FAST-FOOD

A facility or part thereof whose primary, principal, normal and usual function is the sale of food and beverages prepared for immediate consumption and packaged or wrapped in paper or other disposable containers for sale over the counter or at a drive-up window to customers for consumption within the building or off and away from the premises, and may or may not include a drive-through ordering window.

[Amended 11-14-2022 by Ord. No. 22-16]

RESTAURANT, FULL-SERVICE

[Added 11-14-2022 by Ord. No. 22-16]

RESTRICTIVE COVENANT

A restriction on the use of land usually set forth in a deed and intended to control the future use of lands consistent with present approvals.

RETAIL SERVICES

Establishments primarily providing services as opposed to products to the general public, such as but not limited to laundry, cleaning and pressing services, tailors, shoe repair, tutoring, and not including personal care services.

[Added 2-15-2018 by Ord. No. 18-2]

RETENTION BASIN

A pond, pool or basin used for the permanent or temporary storage of water runoff.

R.S.I.S.

Residential Site Improvement Standards.

SENIOR CITIZEN HOUSING COMMUNITY

A residential community providing a continuum of care primarily for senior citizens and consisting of independent living units, assisted living units, and memory care units, together with support uses and services such as, but not limited to, dining rooms, kitchens, exercise rooms, living rooms, multipurpose rooms, theaters, libraries, salons and studios, laundry rooms, offices, exam rooms, nursing stations, mail rooms, indoor and outdoor recreation, surface and structured parking, and other uses and services customary and incidental to a senior citizen housing community.

[Added 9-24-2020 by Ord. No. 20-15]

SETBACK LINE

The line to which a building must be set back from the property line or street line. The setback is measured to the outermost portion of the structure; provided, however, that architectural features, such as bay windows and chimneys, may project no more than 18 inches into the minimum setback as long as such features do not increase the building's floor area. In any instance where overhangs exceed 18 inches, the entire overhang shall be included in building coverage calculations. Roof overhangs may project no more than 18 inches into any minimum setback area; however, this exemption shall not apply for any residential structures that are proposed as new construction, re-construction on existing foundation, or proposed to be increased by over 20% of the existing ground floor area. Unenclosed front steps and stoops no longer than eight feet wide and six feet deep, with no more than four risers, are permitted encroachments into the minimum front yard setback.

[Amended 4-26-2005 by Ord. No. 17-05; 11-14-2022 by Ord. No. 22-16]

SHORT-TERM RENTAL

The leasing of a dwelling for fewer than 28 consecutive nights.

[Added 11-14-2022 by Ord. No. 22-16]

SIGN

Any composition of text, symbols or graphics, object, device, display or structure, or part thereof, situated outdoors or indoors, and intended to be viewed from the outdoors, which is used to advertise, identify, display, direct or attract attention to an object, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images. However, a sign shall not include any display of official, court or public office notices or any official traffic control device; nor shall it include the flag, emblem or insignia of a nation, state, county, municipality, school or religious group. A sign may have two display faces (See Borough Code Chapter 199, Signs.)

SINGLE-FAMILY DWELLING

A dwelling unit owned by one person solely, joint tenants, tenants by the entirety, or in common or joint tenancy, on a separate parcel of real property.

SOLAR CARPORT or SOLAR CANOPY

An accessory structure located within a surface parking area that covers parking spaces and utilizes photovoltaic technology as a roofing element to generate electricity.

[Added 11-14-2022 by Ord. No. 22-16]

STEALTH TOWER STRUCTURE

Man-made trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

STORY

That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. In single-family residential structures, an attic with a clear height of seven feet that exceeds 1/3 of the floor area below shall constitute a story. (See also "basement.")

[Amended 4-26-2005 by Ord. No. 17-05]

STORY ABOVE GRADE

Any story having its finished floor surface entirely above grade plane, or in which the finished surface of the floor next above is: 1) more than six feet above grade plane; or 2) more than 12 feet above the finished ground level at any point, pursuant to International Building Code (IBC).

[Amended 11-14-2022 by Ord. No. 22-16]

STREET

(1)

Any street, avenue, boulevard, road, lane, parkway, viaduct, drive or other way which is:

(a)

An existing state, county or municipal roadway;

(b)

Shown upon a plat heretofore dedicated and approved pursuant to law;

(c)

Approved by official action as provided herein; or

(d)

Shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats.

(2)

"Street" includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.

STREET, PAPER

A street or right-of-way that has not been built but which is shown on an approved plan, subdivision map, tax map or official map and has not been accepted or approved by the Borough.

STREETS, PRIVATE

A street that has not been accepted or approved by the municipality or other governmental entity for the purposes of maintenance or control.

STRUCTURE

A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.

SUBSTANTIVE CERTIFICATION

A determination by the Council approving municipality's housing element and fair share plan in accordance with the provisions of the Act[5] and the rules and criteria set forth herein. A grant of substantive certification shall be valid for a period of six years in accordance with the terms and conditions contained therein.

[Added 5-15-2001 by Ord. No. 9-01]

SUPPORTIVE AND SPECIAL NEEDS HOUSING

A living arrangement for intellectually and/or developmentally disabled persons providing services and support in a community setting, privately leased or owned by the provider, all of which are utilized for the provision of residential services, which include group homes, supervised apartments, and supportive shared living. All individuals or households occupying supportive and special needs housing shall be of very low, low or moderate income.

[Added 12-15-2016 by Ord. No. 16-17]

TOWER SITE

The enclosed area in which the tower and its appurtenances are located.

TOWNHOUSE

A single-family dwelling contiguous with other such units in which each unit has its own front access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more common rated wall assemblies.

UCC

The Uniform Construction Code.

USE

The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be lawfully occupied, used or maintained. (See also "permitted use.")

VARIANCE

The permission to depart from the literal requirements of this chapter, pursuant to the Municipal Land Use Law.

VETERINARY CLINIC

A building where animals are given medical care and the boarding of animals is limited to short-term care incidental to the medical care, and such boarding is entirely inside such building. This definition shall not include a building used for overnight animal boarding, outside pens or kennels, experimental laboratories, or animal breeding.

[Added 11-14-2022 by Ord. No. 22-16]

WAREHOUSE

A building or place where raw materials or finished goods are stored, where the primary use of the facility is storage. Any such building that contains dock doors on only one side of the building shall be considered a warehouse, not a distribution center. Warehouse facilities used for cold storage shall be considered a warehouse, not a distribution center.

[Added 11-14-2022 by Ord. No. 22-16]

YARD, FRONT

An open space, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the front street property line and the nearest point of any structure on the lot. Any lot abutting a street less than 50 feet in width shall be construed as having a front street property line located 25 feet from the center line of such street. Any lot abutting a street shown as greater than 50 feet on the Master Plan or Official Map shall provide a front yard measured from the right-of-way required therein.

YARD, REAR

An open space, unoccupied except by a use hereinafter specifically permitted, extending across the full width of a lot and lying between the rear lot line and the nearest point of the principal structure on the lot. In the case of corner lots, the rear yard shall be opposite the front primary entrance.

[Amended 11-14-2022 by Ord. No. 22-16]

YARD, SIDE

An open space, unoccupied except by a use as hereinafter specifically permitted, extending between the front yard and the rear yard of a lot and lying between the side lot line and the nearest point of any structure on the lot.

ZONING ENFORCEMENT OFFICER

The official appointed by the Mayor and approved by the Borough Council to enforce the provisions of this chapter, Chapter 188 and Chapter 199, and to prosecute any violation of such provisions in the Borough Municipal Court.

ZONING FEE

The mandated fee to be paid by an owner, applicant and/or agent to the Borough for the review of a zoning application submitted to the Zoning Official on the form prescribed in the manner acceptable to the Borough for work proposed. The fee is described in the attachment below and is nonrefundable.[6] The fee for a zoning permit, whether approved or denied, is separate from any fees associated with a Board hearing, if needed, or any validly issued construction permit. The owner of the subject property in question for which a zoning permit is filed is the owner of the zoning permit regardless of who pays for it.

[Added 9-24-2015 by Ord. No. 15-16]

ZONING PERMIT

A document signed by the Zoning Official which is required by this chapter as a condition precedent to the commencement of use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of this chapter, subdivision or site plan approval or has an approved variance therefrom.

[1]

Editor's Note: The former definitions of "accessory building or structure" and "accessory use" were repealed 11-14-2022 by Ord. No. 22-16.

[2]

Editor's Note: See N.J.S.A. 52:27D-119 et seq. and N.J.S.A.C. 5:23-1 et seq.

[3]

Editor's Note: See the Schedule of Area, Yard and Building Requirements at the end of this chapter.

[4]

Editor’s Note: This ordinance also repealed the former definition of “personal service business,” added 9-21-2004 by Ord. No. 08-04, as amended.

[5]

Editor's Note: The "Act" refers to the Fair Housing Act of 1985, N.J.S.A. 52:27D-301 et seq.

[6]

Editor's Note: Said attachment is included as § 250-30.1.

§ 250-2.3 Rezoning requests.

A request for rezoning or amendment to any zoning regulations shall be in writing to the Planning Board on forms available from the Planning Board Secretary and shall be accompanied by a fee and escrow deposit, as provided for in the Planning Board fee schedule found at § 212-15B.

[Amended 2-25-2016 by Ord. No. 16-1]

The Planning Board shall review the request and, if it finds that the request has merit, it shall refer same to the Borough Council for its consideration.

§ 250-3 Zones established and enumerated.

[Amended 3-19-2002 by Ord. No. 4-02; 12-19-2002 by Ord. No. 22-02A; 8-23-2005 by Ord. No. 29-05; 12-14-2017 by Ord. No. 17-19; 2-15-2018 by Ord. No. 18-1; 2-15-2018 by Ord. No. 18-2; 5-17-2018 by Ord. No. 18-9; 5-17-2018 by Ord. No. 18-10; 5-17-2018 by Ord. No. 18-11]

The land of the Borough is hereby divided into the following zones:

R-88	One-Family Residence Residential Zone
R-44	One-Family Residence Residential Zone
R-25	One-Family Residence Residential Zone
R-15	One-Family Residence Residential Zone
R-7	One-Family Residence Residential Zone
B-1	Business Zone
PB-1	Professional and Business Office Zone
PB-2	Professional and Business Office Zone — Residential Appearance Required
C-1	Office and Manufacturing Zone
C-1MF	Multifamily Residential Housing
C-1MFAR	Multifamily Age Restricted Housing
C-2	Office and Manufacturing Zone
C-3	Office, Research and Laboratory Zone
C-4	Mixed Office, Research, Laboratory and Multifamily Residential Zone
MF-1	Multifamily Residential Zone
MF-2	Multifamily Residential Zone
MF-3	Multifamily Residential Zone
MF-4	Multifamily Residential Zone
MF-5	Multifamily Residential Zone
MF-6	Multifamily Residential Zone
MF-7	Multifamily Residential Zone
MF-8	Multifamily Residential Zone
MF-9	Multifamily Residential Zone
OSR	Open Space Recreation Zone
OSM	Open Space Municipal Zone
POD-N	Planned Office District - North
POD-S	Planned Office District - South
U	University/College Zone

§ 250-4 Zoning Map.

[Amended 3-18-2008 by Ord. No. 08-4; 11-14-2022 by Ord. No. 22-16]

The zones enumerated in § 250-3 are hereby established by the designations, locations and boundaries thereof set forth and indicated on the Zoning Map dated December 17, 1962, as revised from time to time, the last revision being dated July 2, 2018. Such map shall be known as the "Zoning Map of the Borough of Florham Park" and is hereby incorporated in and made a part of this chapter, and is available in the Borough Clerk's office.[1]

[1]

Editor's Note: The Zoning Map is included as an attachment to this chapter.

§ 250-5 Determination of zone boundaries.

The following rules shall apply to the location of zone boundaries on the Zoning Map.

Zone boundary lines are intended to follow the center line of the streets, railroad rights-of-way, streams and lot or property lines, or in the same extended as they exist on the Borough's current Tax Maps, unless such zone boundary lines are fixed by dimensions shown on the Zoning Map.

Where there is a dispute as to the location of a zone boundary, such determination shall be made by the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70b.

§ 250-6 Enforcement of chapter.

This chapter shall be administered by the Construction Code Official, who shall in no case grant any permit for the construction or alteration of any building or structure where the proposed construction, alteration or use thereof or use of land would be in violation of any provision of this chapter.

This chapter shall be enforced by the Zoning Enforcement Officer, and/or Construction Official, or any other Borough official having jurisdiction, who is hereby empowered to cause any building, structure, place or premises to be inspected and examined and to enforce the remedying of any conditions found to exist which are in violation of any zoning provisions of this chapter and to prosecute such violation in the Municipal Court pursuant to the provisions of this chapter.

The Zoning Enforcement Officer shall maintain records of every written complaint of any violation of the provisions of this chapter, as well as the action taken in answer to or as a result of such complaint.

The Construction Code Official shall maintain appropriate files of all applications for permits and certificates of occupancy, along with the documents submitted therewith, as well as a record of the dates of issuance of said certificates and permits.

The Construction Code Official and the Zoning Enforcement Officer shall each report to the Borough Council monthly as to the number and types of permits and certificates issued and the types and number of violations reported and actions taken thereon.

§ 250-7 Construction permit: generally.

Required; conditions to issuance. No building or part thereof shall be erected, demolished, constructed, altered, repaired or moved until a construction permit has been issued by the Construction Code Official. No construction permit shall be issued unless the relevant following requirements and conditions are complied with:

(1)

The application process has been successfully completed by the developer, property owner or authorized agent.

(2)

The Board of Health has issued a permit for an individual disposal system, where required, or the developer has an approved means of sewage treatment or disposal.

(3)

For the erection, demolition, construction, reconstruction, alteration or moving of any building or part thereof, that the plans and intended use indicate that such building is designed and intended to conform in all respects to the provisions of this chapter, and that there has been the proper certification by the Borough Engineer that all required improvements have been installed or their installation has been guaranteed.

(4)

A licensed land surveyor shall locate such building or improvement and the lot lines of the intended site for the Construction Code Official. A land survey is valid for a maximum of 10 years.

(5)

The Construction Code Official shall ascertain that all requirements of this chapter or of an approved site plan have been complied with.

(6)

Except for a single-family residence, where permitted:

(a)

That the Construction Code Official has received a certified copy of a resolution of final site plan approval or waiver therefrom from the Planning Board or Board of Adjustment.

(b)

That more than 45 days (10 acres of land or less) or 95 days (more than 10 acres of land) have elapsed since the Planning Board or Board of Adjustment has accepted the completed application without approval or disapproval having been given. Then the final site plan will be deemed to have been approved. The Secretary of the Planning Board or Board of Adjustment will make the notation on the final site plan that approval is automatic due to failure of the Planning Board or Board of Adjustment to act within the time required.

(7)

That the Borough Engineer, or his agent, has approved all proposed drainage plans.

(8)

All development must comply with barrier-free requirements as set forth in the UCC.

Maintenance; expiration. All permits as applied for shall be held, and maintained, or shall expire, as provided for in the State Uniform Construction Code or unless otherwise provided for in a developer's agreement.

Fees. The fees for building permits are more particularly set forth in Chapter 103 of this Code and copies are available from the Construction Code Official.

§ 250-7.1 Construction permit: surface grading permit requirements for all residential zones.

[Amended 12-16-2008 by Ord. No. 08-41]

A surface grading permit shall be required prior to any residential lot improvements that include land disturbance, excavation, placement of fill, or changes to the existing surface grades. The surface grading permit shall be considered a "prior approval" under the Uniform Construction Code, and no construction permit shall be issued unless the applicant has obtained the required surface grading permit. The surface grading permit shall be issued by the Borough Engineer or his designee.

Exemptions:

(1)

Any development that has received site plan approval from the Planning Board or Zoning Board of Adjustment; provided, however, individual lots for single-family and multifamily dwellings included within any approved subdivision shall not be exempt.

(2)

Placement of topsoil not greater than four inches deep for the purpose of turf replacement, and/or the placement of mulch in planting beds.

(3)

The Borough Engineer may waive the requirement for a surface grading permit, or any components of a surface grading permit, based upon the specific land disturbance and site conditions.

Surface grading plan preparation and requirements.

(1)

A surface grading plan shall be designed to provide proper grading and erosion control; protect against adverse consequences for surface water runoff; and prevent sedimentation and/or damage to on-site and off-site property, as established herein.

(2)

A surface grading plan is required for any proposed land disturbance and the construction of a residential dwelling and shall be prepared by a professional engineer and/or architect licensed in the State of New Jersey. Where required, a surface grading plan for any land disturbance of less than 1,000 square feet, and land disturbance for the purpose of constructing a building addition of less than 600 square feet to an existing residential dwelling may be prepared and submitted by a homeowner, provided sufficient technical information is included. In addition to the conditions listed above, any surface grading plan that proposes land disturbance greater than 5,000 square feet shall be submitted with an approved soil erosion and control plan issued and approved by the Morris County Soil Conservation District. Any surface grading plan proposing construction of a new residential dwelling shall be submitted with an approved soil erosion and control plan or a letter of exemption issued and approved by the Morris County Soil Conservation District.

(3)

Three copies of a signed surface grading permit application and a surface grading plan, signed and sealed by a professional engineer (if required), shall be submitted to the Borough Engineer with the required permit fee. A surface grading permit application may be obtained from the Engineering Department. The surface grading plan shall be drawn to a scale of not greater than 30 feet equals one inch and shall be prepared with sufficient detail to show the following requirements:

[Amended 11-14-2022 by Ord. No. 22-16]

(a)

Date, North arrow, scale, block and lot number of the subject property, name and address of the record owner, name and address of the person preparing the plan (include license number and seal if the plan is prepared by a professional engineer).

(b)

Complete lot boundary line, property easements, deed restriction information, and adjacent public right-of-way based on a current survey prepared by a surveyor licensed in the State of New Jersey. The surveyor shall include and indicate all corner property markers on the survey, and install such corner property markers, prior to submission of the surface grading plan, on the site, which shall remain visible throughout construction.

[Amended 12-9-2021 by Ord. No. 21-18]

(c)

Existing surface drainage pattern as it affects the subject property and all adjacent properties. Contours shall be shown at maximum intervals of two feet on the subject property and extend 10 feet beyond all property lines. Existing contours shall be shown by dashed lines.

(d)

Silt fencing, hay bales, soil stockpile protection measures, and such other soil conservation methods shall be shown and implemented regardless of area of disturbance to retain all sediment on the site. Soil conservation and sediment control measures shall conform to the Standards for Soil Erosion and Sediment Control in New Jersey authored by the New Jersey State Soil Conservation Committee.

(e)

Spot elevations of the street and top of curb at each limit of the subject property frontage, and grate and pipe invert elevations of public stormwater drainage inlets along or near the frontage of the subject property, or on the subject property.

(f)

All existing trees with trunks exceeding five inches in diameter measured at a point four feet above the existing ground line on the subject property as well as any trees 10 feet beyond all property lines. Any tree removals and proposed tree plantings shall be shown on the surface grading plan. Tree removal is governed by Chapter 229, Trees, of the Borough Code. A tree removal permit application is required for any tree removal and shall be attached to the surface grading permit application, if applicable.

(g)

Location of all existing and proposed structures, including walls, fences, accessory structures, and any other aboveground physical features. Top and bottom of wall elevations shall be shown.

(h)

Location of existing rock outcroppings, high points, watercourses, depressions, ponds, marsh areas, wooded areas, and other significant natural features.

(i)

Any proposed changes in the existing surface grading and drainage pattern that will result from construction of said improvements or land disturbance, including any proposed grade changes to adjacent properties. Proposed contours shall be shown by solid lines. Existing and proposed contours shall be in the North American Vertical Datum of 1988 (NAVD 88) or any future vertical datum acceptable by the Borough Engineer. Assumed elevations shall not be accepted.

[Amended 12-9-2021 by Ord. No. 21-18]

(j)

Proposed elevations of the finished garage floor, first floor, and basement floor of any new residential dwelling or addition to an existing residential dwelling. All elevations shall be in the North American Vertical Datum of 1988 (NAVD 88) or any future vertical datum acceptable by the Borough Engineer. Assumed elevations shall not be accepted.

[Amended 12-9-2021 by Ord. No. 21-18]

(k)

Proposed location of all foundation, roof leader, and sump pump drain outlets and underground drainage piping.

(l)

Existing and proposed stormwater conveyance structures, dry wells, ditches, or swales.

(m)

Existing and proposed utility locations.

(n)

Existing and proposed driveways, curbs, sidewalks, walkways, patios, and any other accessory structure or surface element defined as improved lot coverage.

(o)

Outer limits of all areas where any proposed filling or grading is proposed.

(p)

Principal building setback lines; principal buildings, including outline of roof overhangs; detached accessory buildings, including outline of roof overhangs; decks; and balconies.

(q)

FEMA one-hundred-year flood hazard area, if applicable. A copy of the FEMA Flood Insurance Rate Maps can be obtained from the Borough of Florham Park's Engineering Department.

(r)

For the proposed construction of any new residential dwelling, or where otherwise required by the Borough Engineer, the metes and bounds of all delineated wetlands and wetland transition areas confirmed through a NJDEP letter of interpretation (LOI) application shall be shown on the surface grading plan. The NJDEP file number shall be shown on the surface grading plan, and a copy of the LOI with associated conditions shall be attached to the surface grading plan. If no wetlands exist, then the plan must contain a note confirming that no wetlands exist on the subject property.

(s)

Such other information as required by the Borough Engineer or his designee in order to determine that the requirements of this section have been met.

(4)

Surface grading plan design standards. The following surface grading plan standards shall be met prior to the Borough Engineer's approval of the surface grading plan. If any of the following provisions of this section cannot be satisfied, then the applicant must appear before the Zoning Board of Adjustment for a variance from said provisions, or for a request for interpretation of said provisions of this section.

(a)

A zoning table referencing applicable zoning requirements in § 250-9 shall be shown on the surface grading plan.

(b)

Driveways should be as narrow as possible to minimize improved lot coverage and to minimize disruption of the sidewalk or street front planting strips. The number of curb cuts or driveway access points shall be limited to one per 50 feet of frontage up to a maximum of two as long as the two curb cuts access the same driveway. The maximum width of the depressed curb cut for a driveway shall be 22 feet for one curb cut and 15 feet per curb cut for two curb cuts. A roadway opening permit is required for the replacement/installation of any curbing, sidewalks, driveways, and planting strips within the Borough's right-of-way. Driveways on a corner lot shall only access one street, and the start of the curb cut shall be located at least 50 feet from the intersection of the nearest street curblines. Driveways shall be located to have a minimum four-foot setback from the side property lines. The setback area shall be suitably landscaped when a side-loaded garage faces an adjoining property to buffer impact of headlights and vehicle exhaust, and to prevent vehicles from overhanging or encroaching on adjoining property. Driveways shall be a minimum of 24 feet wide perpendicular to the opening of each side-load garage entrance.

(c)

Any proposed piers/light stanchions at driveway entrances and proposed mailboxes supported by masonry construction shall be located out of the public right-of-way and are considered accessory structures with a minimum ten-foot setback requirement from the side property lines. Existing piers/light stanchions and mailboxes supported by masonry construction within the Borough's right-of-way shall be removed as part of any proposed construction of a building addition greater than 400 square feet and/or major renovation to an existing single-family dwelling, or construction of a new single-family dwelling. Concrete sidewalks in the public right-of-way, if required, shall follow the requirements in the Borough's Public Works Improvement Standards and shall be continuous across driveways, unless written approval is granted by the Borough Engineer for installation of an alternative material within the Borough's right-of-way. A roadway opening permit is required for the replacement/installation of any curbing, sidewalks, driveways, and planting strips within the Borough's right-of-way.

(d)

The amount of improved coverage in the area bounded by the front wall of the principal building, the front property line, and the two sidelines shall be limited to a maximum of 40% of said area.

(e)

Provisions shall be designed for the proper disposition of stormwater surface runoff so that it shall not create unstable conditions. Appropriate storm drainage facilities shall be provided to protect downstream properties. Stormwater surface drainage running off the site shall be controlled and connected to the Borough's public storm sewer system, where possible.

(f)

Dry wells or other infiltration facilities acceptable to the Borough Engineer or his designee are required for all new dwellings and for all new additions to existing dwellings involving a roof area of greater than 600 square feet. The design capacity of the infiltration facility must, at a minimum, be sized for three inches of rainfall over the area of the roof of the new dwelling or new addition to an existing dwelling. Design of these facilities must be based on appropriate site-specific soil tests certified by the applicant's engineer and submitted and approved by the Borough Engineer. Overflow pipes shall be incorporated into the dry well design. Should site specific conditions obviate the use of dry wells or any other infiltration facility, an alternative means acceptable to the Borough Engineer for management of stormwater must be provided. All underground roof leader pipes shall be a minimum of four inches in diameter, designed of sufficient strength taking into account surface loads, and shall connect to the infiltration facility. If a dry well or infiltration facility is not feasible as per the Borough Engineer or his designee, then roof leaders and sump pump discharge pipes may be discharged into the municipal stormwater collection system via direct connection to a stormwater structure or pipe, where feasible. The last alternative shall be the discharge of roof leaders and sump pump water through the curb. Discharge pipes through the curb shall be a minimum of four-inch diameter Schedule 40 PVC.

(g)

For corner lots, fences, walls, hedges and other landscaping shall not be located so as to constitute a hazard to traffic or safety within the sight triangle. (Refer to Borough Code Chapter 188.)

(h)

There shall be no alteration to existing site elevations and grades without the implementation of drainage facilities or swales to control stormwater runoff in a manner that will protect adjoining lands. There shall be no alteration to existing site elevations in excess of one foot within five feet of an adjoining property line. There shall be no change in existing grade which raises any portion of the lot within 15 feet of a property line to an elevation that is more than two feet above the existing ground level at the adjoining property line.

(i)

There shall be no disturbance to any existing steep slopes exceeding 1H:4V. Changes in grade shall not exceed a slope of 1H:3V unless supported by retaining walls, maintenance-free vegetation, or other approved method of soil stabilization.

(j)

Calculations signed and sealed by a professional engineer licensed in the State of New Jersey for all proposed structural retaining walls greater than four feet in height shall be submitted to the Construction Official for approval.

(k)

Prior to issuance of any certificate of occupancy for a new dwelling, a final as-built topographic survey, including certification of building and improved lot coverages and garage and first-floor elevations, must be submitted to the Borough Engineer via hardcopy and approved digital format (Autocad^TM format) prior to final approval and closeout of a surface grading permit.

(5)

Time of action.

(a)

The Borough Engineer or his designee shall review and approve, conditionally approve, or deny the surface grading permit application within 10 days from which a complete application was submitted.

(6)

Site inspections. Site inspections may be performed at random, when requested, or when required. The applicant shall coordinate the required inspections with the Borough Engineer prior to performing work. Inspections are required for, but are not limited to, curb cut installation, sidewalk installation in public right-of-way, underground pipe connection to Borough-owned stormwater facilities, and final rough grading prior to landscaping. Request for inspections by the applicant are required within 24 hours of performing work.

(7)

Approval of surface grading. Upon application for issuance of a certificate of occupancy or temporary certificate of occupancy, the Construction Official shall request the Borough Engineer to perform a final surface grading inspection of property. The Borough Engineer or his designee will report items of nonconformance or will provide a closed-out surface grading permit to the Construction Official.

(8)

Escrow to complete work. Notwithstanding any other provision of this chapter, the Construction Official may issue a certificate of occupancy or a temporary certificate of occupancy prior to full compliance with the surface grading plan, provided that the Borough Engineer has determined that sufficient work has been completed to ensure adequate site access, site safety, and soil erosion control, and a cash escrow deposit in the amount of the estimated cost effecting full compliance, as determined by the Borough Engineer, is submitted along with the establishment of an effective date of compliance as determined by the Borough Engineer.

(9)

Surface grading permit fee.

(a)

A fee of $400 shall be imposed for each permit for any proposed land disturbance of greater than 1,000 square feet and any proposed land disturbance for the purpose of constructing a building addition to an existing residential dwelling greater than 600 square feet; otherwise, a fee of $150 shall be imposed for smaller projects.

(b)

The fee shall cover the cost of a preliminary site visit, review of initial submission and one revision, issuance of surface grading plan approval, two random site inspections in addition to required inspections, and final approval of surface grading prior to issuance of a certificate of occupancy, temporary certificate of occupancy, or the release of any performance guarantee that may have been posted for incomplete site work.

(c)

An additional fee of $50 for each review of plans with substantial revisions and each additional inspection other than those noted above shall be charged to the applicant. Fees shall be paid prior to issuance of a certificate of occupancy or a temporary certificate of occupancy.

(10)

Liability of applicant. Notwithstanding any provision of this chapter or any condition of the permit, the applicant is responsible for the prevention of damage to other properties, and personal injury, which may result from the activity requiring the surface grading permit.

(11)

Violations.

(a)

Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure, or land in violation of the requirements of this chapter or an approved surface grading permit shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be liable for a fine of not less than $400 nor more than $2,000 or to imprisonment for a term of not more than 90 days, or both, as such court in its discretion may impose. Each day during or on which a violation occurs or continues shall be deemed a separate offense.

(b)

If a certificate of occupancy or temporary certificate of occupancy is issued for a property prior to full compliance with a surface grading permit, and full compliance is not effected by a date set forth by the Borough Engineer, then continued occupancy of such property after such date shall constitute a use of such property in violation of this section.

§ 250-7.2 Certificate of occupancy/approval.

No building, private or commercial, hereafter erected, altered or subject to a change of use or tenant shall be occupied or used, in whole or in part, for any purpose whatsoever until a certificate of occupancy has been issued by the Construction Code Official. The certificate shall state that the building, structure or alteration complies with all the provisions of the UCC and all applicable Borough and state requirements.

Certificates shall be granted or denied within 10 days of the application being received by the Construction Code Official.

(1)

Contents; changed use or occupancy.

(a)

A certificate of occupancy shall specify the use of the building and any circumstances or conditions imposed by any public agency, code or regulations.

(b)

Any change in a nonresidential occupancy or use, including a change from one permitted use to another kind of permitted use or a change from one permitted use to the same use conducted by another tenant or owner, in the same zone, will be treated as a new use, and site plan approval, or waiver, and a new certificate of occupancy shall be required. Prior to the issuance of a certificate of occupancy for such change in use, all provisions of this chapter shall be complied with as if the new use were a new structure or use, including making an application for a certificate of occupancy.

(c)

Upon a change of occupancy of an existing nonresidential building or structure, or tenant space and after review and approval by the Borough Engineer pursuant to § 250-8 hereof or § 212-21 of this Code, the Construction Code Official, upon payment of an appropriate fee, shall issue a certificate of continued occupancy, provided that there are not violations of law or orders of the Construction Code Official pending and that it is established after inspection and investigation that the alleged use of the building or structure has heretofore existed. The certificate of continued occupancy shall evidence only that a general inspection of the visible parts of the building has been made and that there are not apparent violations of the regulations. Nothing in this subsection shall prevent the continued use and occupancy of any such lawfully existing building or structure.

[Amended 6-13-2019 by Ord. No. 19-12]

(d)

Any change in the occupancy or use of nonresidential premises will be treated as a new use and will require the review and approval of the Borough Engineer as aforesaid and the issuance of a certificate of continued occupancy.

[Amended 6-13-2019 by Ord. No. 19-12]

(2)

Compliance with other regulations. No certificate of occupancy shall be issued by the Construction Code Official until he has ascertained that all requirements of the Uniform Construction Code and Borough ordinances have been fully complied with. Prior approval compliance must be met.

(3)

Plan approval. Where a subdivision or site plan, as required by Borough ordinances, has been duly reviewed and approved by the Planning Board, the erection or alteration of the building or structure shall not be deemed to be completed until all requirements of the approved plan, including the surface grading plan, are installed and approved by the Borough Engineer.

(4)

Temporary issuance. Upon written request by the applicant, the Construction Code Official, with the approval of the Borough Council, may issue a temporary certificate of occupancy, for a period not to exceed 90 days, when:

(a)

The issuance of such temporary certificate of occupancy is in the best interest of the Borough; and

(b)

The failure to meet the requirements for a permanent certificate of occupancy is due to circumstances beyond the applicant's control; and

(c)

The failure to issue a certificate of occupancy will impose a serious hardship on the applicant. In such case, the Borough governing body may authorize such temporary certificate of occupancy when the applicant has requested, in writing, to occupy the premises and states as a condition that he understands that the unfulfilled conditions will be met by an established date or his use and/or occupancy will be terminated. Upon application by the developer owner or agent, the Borough Council, with consent of the Construction Official, may extend the temporary certificate of occupancy for one ninety-day period. Escrow funds may be required to insure compliance.

(d)

Failure of the applicant to comply with Borough regulations within the term of the extended temporary certificate of occupancy will result in litigation for removal, and the applicant shall be liable for all costs and fees incurred by the Borough during this process, irrespective of whether the applicant eventually complies or not.

(5)

The Construction Code Official, when authorized by the Borough Council, may issue a temporary certificate of occupancy for uses incidental to construction, such as storage and field office buildings, and for dwellings to be used for sales and management purposes, subject to the following:

(a)

Recommendation of the Planning Board

(b)

That the temporary building is being located on an approved lot.

(c)

That only sales, management or storage may be conducted on the property in the same development which is incidental to the construction thereon.

(d)

That there is observance of all local laws, especially zoning and property and maintenance codes.

(e)

That there is landscaping, permanent or temporary, to improve site appearance.

(f)

That there is removal of the temporary use, either by demolition or by converting to permanent use, within one year of the date of issuance of the certificate.

(g)

Upon termination of a temporary use, the site must be restored to a condition satisfactory to the Borough Engineer.

(h)

The location and use of the proposed temporary structure must be approved by the Fire and Police Departments.

(6)

Fees. Fees for all certificates are more particularly set in Chapter 103 of this Code by Council resolution, and copies are available from the Construction Code Official or Borough Clerk.

§ 250-7.3 Mandatory development fees.

[Added 5-15-2001 by Ord. No. 9-01]

In Holmdel Builder's Ass'n. v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985, N.J.S.A. 52:27D-301 et seq., and the State Constitution subject to COAH developing rules. The purpose of this section is to establish standards for the collection, maintenance and expenditure of development fees pursuant to COAH's rules. Fees collected pursuant to this section shall be used for the sole purpose of providing low- and moderate-income housing. This section shall be interpreted within the framework of COAH's rules on development fees.

Within all zone districts, excepting those excluded in Subsection D, developers shall pay a development fee of 1 1/2% of either the equalized assessed value of the eligible residential activity pursuant to Subsection D of this section, the coverage amount of the homeowner warranty document for a for-sale unit, or the appraised value on the document used for construction financing for a rental unit. Where a project involves a "d" variance or density increase, a greater percentage will be charged in accordance with N.J.S.A. 5:94-6.6 and 6.7.

[Amended 4-26-2005 by Ord. No. 18-05; 3-18-2008 by Ord. No. 08-10]

Nonresidential development fees. Developers within all zone districts, except as specifically excluded in Subsection D, shall pay a fee of 2.5% of the equalized assessed value or the appraised value on the document used for construction financing for eligible nonresidential activities pursuant to Subsection D of this section. Where a project involves a "d" variance or density increase, a greater percentage will be charged in accordance with N.J.S.A. 5:94-5.6 and 6.7.

[Amended 4-26-2005 by Ord. No. 18-05; 3-18-2008 by Ord. No. 08-10; 10-17-2013 by Ord. No. 13-12]

Eligible exaction, ineligible exaction and exemptions.

(1)

Developers of low- and moderate-income units shall be exempt from paying development fees.

(2)

Developers shall pay a development fee when an existing structure undergoes a change to an increased use, is demolished and replaced, or is expanded, if the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.

[Amended 11-14-2022 by Ord. No. 22-16]

(3)

Developers that have received preliminary or final approval prior to the effective date of this section shall be exempt from paying a development fee unless the developer seeks a substantial change in the approval.

(4)

Within that portion of the MF-4 and C-4 Districts which are zoned to provide Affordable Housing (Block 1201, Lot 4; Block 4201, Lots 28, 29 and 30), developers shall be exempt from paying a development fee.

(5)

(Reserved)[1]

[1]

Editor's Note: Former Subsection D(5), regarding an exemption for developers within the B-1 Business Zone, was repealed 6-17-2008 by Ord. No. 08-19.

(6)

Developers of single-family residential structures which are undergoing additions and renovations shall be exempt from paying a development fee, provided the addition is less than 50% of the floor area prior to the expansion. Additions that are greater than 50% of the floor area shall be subject to the fee.

[Amended 10-17-2013 by Ord. No. 13-12]

(7)

Owner-occupied residential structures demolished and replaced, of equal building area or within 10% larger building area, as a result of a fire, flood, or natural disaster shall be exempt from paying a development fee.

[Added 11-14-2022 by Ord. No. 22-16]

Collection of fees.

(1)

Developer shall pay 50% of the calculated development fee to the Borough at the issuance of building permits. The development fee shall be estimated by the tax assessor prior to the issuance of building permits.

(2)

Developers shall pay the remaining fee to the Borough at the issuance of certificates of occupancy. At the issuance of certificates of occupancy, the Tax Assessor shall calculate the equalized assessed value and the appropriate development fee. The developer shall be responsible for paying the difference between the fee calculated at certificate of occupancy and the amount paid at building permit.

Housing trust fund.

(1)

There is hereby created an interest bearing housing trust fund in the Valley National Bank, for the purpose of receiving development fees from residential and nonresidential developers. All development fees paid by developers pursuant to this section shall be deposited in this fund. No money shall be expended from the housing trust fund unless the expenditure conforms to a spending plan approved by COAH.

[Amended 11-14-2022 by Ord. No. 22-16]

(2)

If COAH determines that the Borough is not in conformance with COAH's rules on development fees, COAH is authorized to direct the manner in which all development fees collected pursuant to this section shall be expended. Such authorization is pursuant to this section, COAH's rules on development fees, the written authorization from the governing body to the Chase Manhattan Bank, Florham Park Branch, Florham Park, New Jersey, and a final adjudication as to the COAH determination.

Use of funds.

(1)

Money deposited in a housing trust fund may be used for an activity approved by COAH for addressing the Borough's low- and moderate-income housing obligation. Such activities may include, but are not necessarily limited to, housing rehabilitation; new construction; regional contribution agreements; the purchase of land for low- and moderate-income housing; extensions and/or improvements of roads and infrastructure to low- and moderate-income housing sites; assistance designed to render units to be more affordable to low and moderate income people; and administrative costs necessary to implement the Borough's housing elements. The expenditure of all money shall conform to a spending plan approved by COAH or the Courts.

[Amended 11-14-2022 by Ord. No. 22-16]

(2)

At least 30% of the revenues collected shall be devoted to render units more affordable. Examples of such activities include, but are not limited to, down payment assistance; low interest loans; and rental assistance.

(3)

No more than 20% of the revenues shall be expended on administrative costs necessary to develop, revise or implement the housing element. Examples of eligible administrative activities include personnel; consultant services; space costs; consumable supplies; and rental purchase of equipment.

(4)

Development fee revenues received pursuant to this section shall not be expended to reimburse the Borough for housing activities that preceded substantive certification.

Expiration. This section shall expire if:

(1)

COAH dismisses or denies the Borough's petition for substantive certification.

(2)

COAH revokes substantive certification or its certification of this section.

COAH monitoring and penalties. The Borough is required to comply with the monitoring requirements set forth in N.J.A.C. 5:93-8.16 and to the penalties for noncompliance with COAH regulations set forth in N.J.A.C. 5:93-8.17.

§ 250-7.4 Mandatory set-aside.

[Added 10-18-2018 by Ord. No. 18-20]

If Florham Park permits the construction of multifamily or single-family attached residential development that is "approvable" and "developable," as defined at N.J.A.C. 5:93-1.3, at a gross residential density of five or more units per acre, the Borough shall require that an appropriate percentage of the residential units be set aside for low- and moderate-income households, as defined by applicable state law or regulations. For inclusionary projects in which the low- and moderate-income units are to be offered for sale, the appropriate set-aside percentage is 20%; for projects in which the low- and moderate-income units are to be offered for rent, the appropriate set-aside percentage is 15%.

(1)

All affordable housing controls and standards are subject to the rules of the Council on Affordable Housing ("COAH") or any subsequent state agency. The development, marketing and sale of the affordable units shall be pursuant to applicable state regulations and §§ 250-84 through 250-90 of this chapter, and any subsequent amendments thereto.

(2)

This requirement shall apply to any multifamily or single-family attached residential development, including the residential portion of a mixed-use project, of three acres or more, in any zone within Florham Park, and proposed at a density of five units per acre or greater, whether permitted by a zoning amendment, a variance granted by Florham Park's Land Use Boards, or adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation.

(3)

This requirement shall not impose any obligation on a development, or the nonresidential portion of a mixed-use development, that is subject to the Statewide Non-Residential Development Fee Act, N.J.S.A. 40:45D-8.1 et seq.

Nothing in this section precludes Florham Park from imposing an affordable housing set-aside requirement on a development that is not required to have an affordable housing set-aside pursuant to this section, when such imposition is consistent with N.J.S.A. 52:27D-311, Subdivision h, and other applicable law.

This affordable housing set-aside requirement shall not create any entitlement to a special dispensation or approval for a property owner or applicant for a zoning amendment, variance, or adoption of a redevelopment plan or amended redevelopment plan.

§ 250-7.5 Affordable housing regulations.

[Added 2-21-2019 by Ord. No. 19-4]

Purpose.

(1)

This section is intended to assure that low- and moderate-income units ("affordable units") are created with controls on affordability and that low- and moderate-income households shall occupy these units. This section is also intended to ensure that any site that benefits from a rezoning, variance, or redevelopment or rehabilitation plan approved by the Borough that results in any multifamily or single-family attached residential development, including the residential portion of a mixed-use project, of three acres or more, in any zone within Florham Park, and proposed at a density of five units per acre or greater produces affordable housing at a set-aside rate of 20% for for-sale affordable units and at a set-aside rate of 15% for rental affordable units. This section shall apply except where inconsistent with applicable law. This requirement does not give any developer the right to any such rezoning, variance or other relief, or establish any obligation on the part of the Borough of Florham Park to grant such rezoning, variance or other relief.

(2)

The Borough of Florham Park Planning Board has adopted a Housing Element and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1, et seq. (hereinafter "Fair Share Plan"). The Fair Share Plan was subsequently endorsed by the governing body. The Fair Share Plan describes how Florham Park Borough shall address its fair share of low- and moderate-income housing as documented in the Fair Share Plan itself, the settlement agreement entered into between the Borough of Florham Park; Fair Share Housing Center ("FSHC"); Alfieri-Florham Park, LLC; the Sisters of Charity of Saint Elizabeth; Palmont Associates, LLC; Ridgedale Plaza Associates, LLC; Braemar Homes, LLC; and B&B Associates, LLC on July 6, 2017, (hereinafter "settlement agreement"), and the court order approving same dated, which was entered by the Court on July 28, 2017, after a properly noticed fairness hearing.

(3)

The Borough of Florham Park shall track the status of the implementation of the Fair Share Plan. Any evaluation report of the Fair Share Plan shall be available to the public at the Borough Municipal Building located on 111 Ridgedale Avenue, Florham Park, NJ 07932.

Definitions. The following terms when used in this section shall have the meanings given in this Section:

ACCESSORY APARTMENT

A self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing home, or through the conversion of an existing accessory structure on the same site, or by an addition to an existing home or accessory building, or by the construction of a new accessory structure on the same site.

ACT

The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.) as has been subsequently amended.

ADAPTABLE

Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.

ADMINISTRATIVE AGENT

The entity responsible for the administration of affordable units in accordance with this ordinance, applicable COAH regulations and the Uniform Housing Affordability Controls (UHAC)(N.J.A.C. 5:80-26.1 et seq.)

AFFIRMATIVE MARKETING

A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.

AFFORDABILITY AVERAGE

The average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households.

AFFORDABLE

A sales price or rent within the means of a low- or moderate-income household as defined by COAH in its applicable regulations or an equivalent controlling New Jersey state agency; in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.

AFFORDABLE DEVELOPMENT

A housing development, all or a portion of which consists of restricted units.

AFFORDABLE HOUSING DEVELOPMENT

A development included in the Borough's Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development.

AFFORDABLE HOUSING PROGRAM(S)

Any mechanism in the Borough's Fair Share Plan prepared or implemented to address the Borough's fair share obligation.

AFFORDABLE UNIT

A housing unit proposed or created pursuant to the Act, credited pursuant to applicable COAH regulations, the FSHC settlement agreement, or an order of the Court.

AGE-RESTRICTED UNIT

A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that: 1) all the residents of the development where the unit is situated are 62 years or older; or 2) at least 80% of the units are occupied by one person that is 55 years or older; or 3) the development has been designated by the Secretary of the United States Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.

AGENCY

The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).

ASSISTED LIVING RESIDENCE

A facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.

CERTIFIED HOUSEHOLD

A household that has been certified by an administrative agent as a low-income household or moderate-income household.

COAH

The New Jersey Council on Affordable Housing.

DCA

The State of New Jersey Department of Community Affairs.

DEFICIENT HOUSING UNIT

A housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load-bearing structural systems.

DEPARTMENT

The Department of Community Affairs of the State of New Jersey, that was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).

DEVELOPER

Any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development including the holder of an option to contract or purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.

INCLUSIONARY DEVELOPMENT

A development containing both affordable units and market rate units. Inclusionary developments must have a 20% set-aside of affordable units if the development has five or more units and is a for-sale project, or a 15% set-aside if the development is a rental project. This term includes, but is not necessarily limited to: new construction, the conversion of a nonresidential structure to residential and the creation of new affordable units through the reconstruction of a vacant residential structure.

LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 50% or less of the median household income.

LOW-INCOME UNIT

A restricted unit that is affordable to a low-income household.

MAJOR SYSTEM

The primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load-bearing structural systems.

MARKET-RATE UNITS

Housing not restricted to low- and moderate-income households that may sell or rent at any price.

MEDIAN INCOME

The median income by household size for the applicable county, as adopted annually by the Department.

MODERATE-INCOME HOUSEHOLD

A household with a total gross annual household income in excess of 50% but less than 80% of the median household income.

MODERATE-INCOME UNIT

A restricted unit that is affordable to a moderate-income household.

NONEXEMPT SALE

Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a class A beneficiary and the transfer of ownership by court order.

RANDOM SELECTION PROCESS

A process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).

REGIONAL ASSET LIMIT

The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as defined by the Department's adopted Regional Income Limits published annually by the Department.

REHABILITATION

The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.

RENT

The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, "rent" does not include charges for food and services.

RESTRICTED UNIT

A dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as may be amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.

UHAC

The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.

VERY-LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 30% or less of the median household income.

VERY-LOW-INCOME UNIT

A restricted unit that is affordable to a very-low-income household.

WEATHERIZATION

Building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for rehabilitation.

Affordable housing programs. The Borough of Florham Park will use the following mechanisms to satisfy its affordable housing obligations:

(1)

A rehabilitation program.

(a)

The Borough of Florham Park and FSHC have agreed that the Borough's indigenous need rehabilitation obligation is 74 units. The Borough currently participates in the Morris County Housing Rehabilitation Program and Morris County HOME Consortium, which is funded through county CDBG planning. The Borough will continue to implement its rehabilitation program to ensure that its entire rehabilitation obligation has been satisfied. The Borough will enact its own rehabilitation program to update and renovate deficient housing units occupied by low- and moderate-income households such that, after rehabilitation, these units will comply with the New Jersey State Housing Code pursuant to N.J.A.C. 5:28. The Borough will continue to rehabilitate housing units to improve its housing stock and to continue to provide indigenous need affordable units.

(b)

All rehabilitated rental and owner-occupied units shall remain affordable to low- and moderate-income households for a period of 10 years (the control period). For owner-occupied units, the control period will be enforced with a lien and for renter occupied units the control period will be enforced with a deed restriction.

(c)

The Borough of Florham Park shall dedicate an average of $10,000 for each unit to be rehabilitated through this program, reflecting the minimum hard cost of rehabilitation for each unit.

(d)

The Borough of Florham Park plans to set aside funding through the Affordable Housing Trust Fund to help fund and implement a rehabilitation program, per the review and approval of a Spending Plan. Additionally, the Borough will continue to participate in the Morris County Housing Rehabilitation Program to administer the Rehabilitation Program in accordance with N.J.A.C. 5:93 et. seq.[1]

[1]

Editor's Note: N.J.A.C. 5:93 expired October 16, 2016.

(e)

Units in a Rehabilitation Program shall be exempt from N.J.A.C. 5:93-9[2] and UHAC requirements, but shall be administered in accordance with the following:

[1]

If a unit is vacant, upon initial rental subsequent to rehabilitation, or if a renter-occupied unit is re-rented prior to the end of controls on affordability, the deed restriction shall require the unit to be rented to a low- or moderate-income household at an affordable rent and affirmatively marketed pursuant to N.J.A.C. 5:93-9 and UHAC.

[2]

If a unit is renter-occupied, upon completion of the rehabilitation, the maximum rate of rent shall be the lesser of the current rent or the maximum permitted rent pursuant to N.J.A.C. 5:93-9 and UHAC.

[3]

Rents in rehabilitated units may increase annually based on the standards in N.J.A.C. 5:93-9 or the standards issued by a New Jersey administrative agency with proper authority to issue such standards.

[4]

Applicant and/or tenant households shall be certified as income-eligible in accordance with N.J.A.C. 5:93-9 and UHAC, except that households in owner-occupied units shall be exempt from the regional asset limit.

[2]

Editor's Note: N.J.A.C. 5:93 expired October 16, 2016.

(2)

Phasing. Inclusionary developments shall be subject to the following schedule, except where an alternate phasing schedule has been incorporated into a development or redevelopment agreement:

Minimum Percentage of Low- and Moderate-Income Units Completed	Maximum Percentage of Market-Rate Units Completed
0%	25%
10%	25%+1 Unit
50%	50%
75%	75%
100%	90%

(3)

Fractional units. If 15% or 20% of the total number of units in a development (or the set-aside, as applicable) results in a fraction or decimal, the developer shall be required to provide an additional affordable unit on site.

Example: An eight-unit development requiring an affordable housing set-aside of 1.6 units is proposed. The developer is required to provide two on-site affordable units.

(4)

Integration of affordable units. In inclusionary developments, to the extent possible, low- and moderate-income units shall be integrated with the market-rate units.

(5)

Utilities. Affordable units shall utilize the same type of heating source as market units within the affordable development.

New construction. The following general guidelines apply to all newly constructed developments that contain low- and moderate-income housing units, including any currently unanticipated future developments that will provide low- and moderate-income housing units.

(1)

Low/moderate split and bedroom distribution of affordable housing units:

(a)

The fair share obligation shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units the extra unit shall be a low-income unit.

(b)

In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be low-income units. If there is only one affordable unit it must be a low-income unit.

(c)

Thirteen percent of all affordable units in the Borough, with the exception of units constructed as of July 1, 2008, and units subject to preliminary or final site plan approval as of July 1, 2008, shall be designated as very-low-income households at 30% of the median income, with at least 50% of all very-low-income units being available to families. Very-low-income units shall be considered low-income units for the purposes of evaluating compliance with the required low/moderate-income unit splits, bedroom distribution, and phasing requirements of this section.

(d)

Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:

[1]

The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;

[2]

At least 30% of all low- and moderate-income units are two-bedroom units;

[3]

At least 20% of all low- and moderate-income units shall be three-bedroom units; and

[4]

The remaining units, if any, may be allocated among two- and three-bedroom units at the discretion of the developer.

(e)

Affordable developments that are age-restricted shall be structured such that the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the inclusionary development. The standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit.

(2)

Accessibility requirements:

(a)

The first floor of all restricted townhouse dwelling units and all restricted units in all other multistory buildings shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.

(b)

All restricted townhouse dwelling units and all restricted units in other multistory buildings in which a restricted dwelling unit is attached to at least one other dwelling unit shall have the following features:

[1]

An adaptable toilet and bathing facility on the first floor;

[2]

An adaptable kitchen on the first floor;

[3]

An interior accessible route of travel on the first floor;

[4]

An interior accessible route of travel shall not be required between stories within an individual unit;

[5]

An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door, on the first floor; and

[6]

An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that the Borough of Florham Park has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:

[a]

Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.

[b]

To this end, the builder of restricted units shall deposit funds within the Borough's Affordable Housing Trust Fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.

[c]

The funds deposited under Subsection D(2)(b)[6][b] above shall be used by the Borough of Florham Park for the sole purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.

[d]

The developer of the restricted units shall submit a design plan and cost estimate for the conversion from adaptable to accessible entrances to the Construction Official of the Borough.

[e]

Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Borough's Affordable Housing Trust Fund and appropriately earmarked.

[f]

Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is site impracticable to meet the requirements. Determinations of site impracticability shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.

(3)

Maximum rents and sales prices.

(a)

In establishing rents and sales prices of affordable housing units, the administrative agent shall follow the procedures set forth in UHAC utilizing the regional income limits established by the New Jersey Department of Community Affairs (DCA) or other agency as required by the Court.

(b)

The maximum rent for restricted rental units within each affordable development shall be affordable to households earning no more than 60% of median income, and the average rent for restricted low- and moderate-income units shall be affordable to households earning no more than 52% of median income.

(c)

The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both low-income and moderate-income units.

[1]

At least 13% of all low- and moderate-income dwelling units shall be affordable to households earning no more than 30% of median income.

(d)

The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70% of median income, and each affordable development must achieve an affordability average of 55% for restricted ownership units; in achieving this affordability average, moderate-income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type.

(e)

In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units other than assisted living facilities, the following standards shall be used:

[1]

A studio shall be affordable to a one-person household;

[2]

A one-bedroom unit shall be affordable to a one-and-one-half-person household;

[3]

A two-bedroom unit shall be affordable to a three-person household;

[4]

A three-bedroom unit shall be affordable to a four-and-one-half-person household; and

[5]

A four-bedroom unit shall be affordable to a six-person household.

(f)

In determining the initial rents for compliance with the affordability average requirements for restricted units in assisted living facilities, the following standards shall be used:

[1]

A studio shall be affordable to a one-person household;

[2]

A one-bedroom unit shall be affordable to a one-and-one-half-person household; and

[3]

A two-bedroom unit shall be affordable to a two-person household or to two one-person households.

(g)

The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 28% of the eligible monthly income of the appropriate size household as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.

(h)

The initial rent for a restricted rental unit shall be calculated so as not to exceed 30% of the eligible monthly income of the appropriate household size as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.

(i)

The price of owner-occupied low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the administrative agent be lower than the last recorded purchase price.

(j)

The rent of low- and moderate-income units may be increased annually based on the percentage increase in the Housing Consumer Price Index for the United States. This increase shall not exceed 9% in any one year. Rents for units constructed pursuant to low-income housing tax credit regulations shall be indexed pursuant to the regulations governing low-income housing tax credits.

(k)

Utilities. Tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance approved by DCA for its Section 8 program.

Affirmative marketing requirements.

(1)

The Borough of Florham Park shall adopt by resolution an Affirmative Marketing Plan, subject to approval of the Court, compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented. The initial Affirmative Marketing Plan shall include the following community and regional organizations: Fair Share Housing Center, the New Jersey State Conference of the NAACP, the Latino Action Network, East Orange NAACP, Newark NAACP, Morris County NAACP and Elizabeth NAACP.

(2)

The Affirmative Marketing Plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The Affirmative Marketing Plan is also intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward Housing Region 2 and covers the period of deed restriction.

(3)

The Affirmative Marketing Plan shall provide a regional preference for all households that live and/or work in Housing Region 2.

(4)

The administrative agent designated by the Borough of Florham Park shall assure the affirmative marketing of all affordable units consistent with the Affirmative Marketing Plan for the municipality.

(5)

In implementing the Affirmative Marketing Plan, the administrative agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.

(6)

The affirmative marketing process for available affordable units shall begin at least four months prior to the expected date of occupancy.

(7)

The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner, unless otherwise determined or agreed to by the Borough.

Occupancy standards.

(1)

In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the administrative agent shall strive to:

(a)

Provide an occupant for each bedroom;

(b)

Provide separate bedrooms for adults and children;

(c)

Provide children of different sex with separate bedrooms; and

(d)

Prevent more than two persons from occupying a single bedroom.

(2)

Additional provisions related to occupancy standards (if any) shall be provided in the municipal Operating Manual.

Control periods for restricted ownership units and enforcement mechanisms.

(1)

Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each restricted ownership unit shall remain subject to the requirements of this section until the Borough of Florham Park elects to release the unit from such requirement; however, and prior to such an election, a restricted ownership unit must remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented, for at least 30 years.

(2)

The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.

(3)

Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each successive sale during the period of restricted ownership, the administrative agent shall determine the restricted price for the unit and shall also determine the non-restricted, fair market value of the unit based on either an appraisal or the unit's equalized assessed value.

(4)

At the time of the first sale of the unit, the purchaser shall execute and deliver to the administrative agent a recapture note obligating the purchaser (as well as the purchaser's heirs, successors and assigns) to repay, upon the first non-exempt sale after the unit's release from the requirements of this section, an amount equal to the difference between the unit's nonrestricted fair market value and its restricted price, and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit.

(5)

The affordability controls set forth in this section shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units.

(6)

A restricted ownership unit shall be required to obtain a continuing certificate of occupancy or a certified statement from the Construction Official stating that the unit meets all code standards upon the first transfer of title that follows the expiration of the applicable minimum control period provided under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.

Price restrictions for restricted ownership units, homeowner association fees and resale prices. Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:

(1)

The initial purchase price for a restricted ownership unit shall be approved by the administrative agent.

(2)

The administrative agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.

(3)

The method used to determine the condominium association fee amounts and special assessments shall be indistinguishable between the low- and moderate-income unit owners and the market unit owners.

(4)

The owners of restricted ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom.

Buyer income eligibility.

(1)

Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, such that low-income ownership units shall be reserved for households with a gross household income less than or equal to 50% of median income and moderate-income ownership units shall be reserved for households with a gross household income less than 80% of median income. Very-low-income units shall be reserved for households with a gross household income of less than 30% of median income.

(2)

The administrative agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 33% of the household's certified monthly income.

Limitations on indebtedness secured by ownership unit; subordination.

(1)

Prior to incurring any indebtedness to be secured by a restricted ownership unit, the administrative agent shall determine in writing that the proposed indebtedness complies with the provisions of this section.

(2)

With the exception of original purchase money mortgages, during a control period neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of that unit, as such price is determined by the administrative agent in accordance with N.J.A.C. 5:80-26.6(b).

Control periods for restricted rental units.

(1)

Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80- 26.11, as may be amended and supplemented, and each restricted rental unit shall remain subject to the requirements of this section until the Borough of Florham Park elects to release the unit from such requirements pursuant to action taken in compliance with N.J.A.C. 5:80-26.1 et. seq, as may be amended and supplemented, and prior to such an election, a restricted rental unit must remain subject to the requirements of N.J.A.C. 5:80- 26.1 et seq, as may be amended and supplemented, for at least 30 years.

(2)

Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or seller with the records office of the County of Morris. A copy of the filed document shall be provided to the administrative agent within 30 days of the receipt of a certificate of occupancy.

(3)

A restricted rental unit shall remain subject to the affordability controls of this section, despite the occurrence of any of the following events:

(a)

Sublease or assignment of the lease of the unit;

(b)

Sale or other voluntary transfer of the ownership of the unit; or

(c)

The entry and enforcement of any judgment of foreclosure.

Price restrictions for rental units; leases.

(1)

A written lease shall be required for all restricted rental units, except for units in an assisted living residence, and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be provided to the administrative agent.

(2)

No additional fees or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the administrative agent.

(3)

Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit and shall be payable to the administrative agent to be applied to the costs of administering the controls applicable to the unit as set forth in this section.

Tenant income eligibility.

(1)

Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as may be amended and supplemented, and shall be determined as follows:

(a)

Very-low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of median income.

(b)

Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of median income.

(c)

Moderate-income rental units shall be reserved for households with a gross household income less than 80% of median income.

(2)

The administrative agent shall certify a household as eligible for a restricted rental unit when the household is a very-low-income, low-income household or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:

(a)

The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;

(b)

The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;

(c)

The household is currently in substandard or overcrowded living conditions;

(d)

The household documents the existence of assets with which the household proposes to supplement the rent payments; or

(e)

The household documents proposed third-party assistance from an outside source such as a family member in a form acceptable to the administrative agent and the owner of the unit.

(3)

The applicant shall file documentation sufficient to establish the existence of the circumstances in Subsection M(2)(a) through (e) above with the administrative agent, who shall counsel the household on budgeting.

Administration.

(1)

The position of Municipal Housing Liaison (MHL) for the Borough of Florham Park is established by this section. The Borough shall make the actual appointment of the MHL by means of a resolution.

(a)

The MHL must be either a full time or part-time employee or professional consultant of Florham Park.

[Amended 11-14-2022 by Ord. No. 22-16]

(b)

The person appointed as the MHL must be reported to the Court and thereafter posted on the Borough's website.

(c)

The MHL must meet all the requirements for qualifications, including initial and periodic training, if such training is made available by COAH or the DCA.

(d)

The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Borough of Florham Park, including the following responsibilities which may not be contracted out to the administrative agent:

[1]

Serving as the municipality's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents and interested households;

[2]

The implementation of the Affirmative Marketing Plan and affordability controls.

[3]

When applicable, supervising any contracting administrative agent.

[4]

Monitoring the status of all restricted units in the Borough's Fair Share Plan;

[5]

Compiling, verifying and submitting annual reports as required;

[6]

Coordinating meetings with affordable housing providers and administrative agents, as applicable; and

[7]

Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing as offered or approved by the Affordable Housing Professionals of New Jersey (AHPNJ), if such continuing education opportunities are made available by COAH or the DCA.

(2)

The Borough of Florham Park shall designate by resolution of the Borough Council, subject to the approval of the Court, one or more administrative agents to administer newly constructed affordable units in accordance with N.J.A.C. 5:93[3] and UHAC.

[3]

Editor's Note: N.J.A.C. 5:93 expired October 16, 2016.

(3)

An Operating Manual shall be provided by the administrative agent(s) to be adopted by resolution of the governing body. The Operating Manuals shall be available for public inspection in the Office of the Municipal Clerk and in the office(s) of the administrative agent(s).

(4)

The administrative agent shall perform the duties and responsibilities of an administrative agent as are set forth in UHAC, including those set forth in N.J.A.C. 5:80- 26.14, 16 and 18 thereof, and shall have authority to take all actions necessary and appropriate to carry out its responsibilities, which includes:

(a)

Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Affordable Housing Professionals of New Jersey (AHPNJ).;

(b)

Affirmative marketing;

(c)

Household certification;

(d)

Affordability controls;

(e)

Records retention;

(f)

Resale and re-rental;

(g)

Processing requests from unit owners; and

(h)

Enforcement, though the ultimate responsibility for retaining controls on the units rests with the municipality.

Enforcement of affordable housing regulations.

(1)

Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant, the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.

(2)

After providing written notice of a violation to an owner, developer or tenant of a low- or moderate-income unit and advising the owner, developer or tenant of the penalties for such violations, the municipality may take the following action against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:

(a)

The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations governing the affordable housing unit. If the owner, developer or tenant is found by the court to have violated any provision of the regulations governing affordable housing units, the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the court:

[1]

A fine of not more than $10,000 or imprisonment for a period not to exceed 90 days, or both. Each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense;

[2]

In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Borough of Florham Park Affordable Housing Trust Fund of the gross amount of rent illegally collected;

[3]

In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the court.

(b)

The municipality may file a court action in the Superior Court seeking a judgment, which would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the low- and moderate-income unit.

(3)

Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the low- and moderate-income unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating owner shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale.

(4)

The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for and to the extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the municipality for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the municipality for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the owner or forfeited to the municipality.

(5)

Foreclosure by the municipality due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.

(6)

If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the municipality may acquire title to the low- and moderate-income unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low- and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.

(7)

Failure of the low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- and moderate-income unit as permitted by the regulations governing affordable housing units.

(8)

The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner.

Annual and periodic monitoring of the implementation of the Borough's affordable housing plan.

(1)

Beginning one year after the entry of the Borough's Round 3 Judgment of Compliance and Repose, the Borough agrees to provide annual reporting of the status of all affordable housing activity within the Borough through posting on the municipal website with a copy of such posting provided to Fair Share Housing Center, using forms previously developed for this purpose by the Council on Affordable Housing or any other forms endorsed by the Special Master and Fair Share Housing Center. In addition to the foregoing, the Borough may also post such activity on the CTM system and/or file a copy of its report with COAH or its successor agency at the State level.

(2)

The Fair Housing Act includes two provisions regarding action to be taken by the Borough during its ten-year repose period. The Borough agrees to comply with those provisions as follows:

(a)

For the midpoint realistic opportunity review due on July 1, 2020, as required pursuant to N.J.S.A. 52:27D-313, the Borough will post on its municipal website, with a copy provided to Fair Share Housing Center, a status report as to its implementation of its Plan and an analysis of whether any unbuilt sites or unfulfilled mechanisms continue to present a realistic opportunity and whether the mechanisms to meet unmet need should be revised or supplemented. Such posting shall invite any interested party to submit comments to the Borough, with a copy to Fair Share Housing Center, regarding whether any sites no longer present a realistic opportunity and should be replaced and whether the mechanisms to meet unmet need should be revised or supplemented. Any interested party may by motion request a hearing before the Court regarding these issues.

(b)

For the review of very-low-income housing requirements required by N.J.S.A. 52:27D-329.1, within 30 days of the third anniversary of the entry of the Borough's Judgement of Compliance and Repose, and every third year thereafter, the Borough will post on its municipal website, with a copy provided to Fair Share Housing Center, a status report as to its satisfaction of its very-low-income requirements, including the family very-low-income requirements referenced herein. Such posting shall invite any interested party to submit comments to the Borough and Fair Share Housing Center on the issue of whether the Borough has complied with its very low income housing obligation under the terms of this settlement.

(c)

In addition to the foregoing postings, the Borough may also elect to file copies of its reports with COAH or its successor agency at the state level.

§ 250-8 Site plan applications; waiver.

Site plan applications shall be made by the owner of the property pursuant to Chapter 212 of this Code.

To apply for a waiver of site plan review, the owner shall submit sufficient information to the Borough Engineer so as to facilitate his/her decision. The information shall include, but not necessarily be limited to, a survey or other suitable map, the date of and copies of any prior site plan approval affecting the property and a definite statement as to why no present site plan review is necessary.

[Amended 6-13-2019 by Ord. No. 19-12]

Where a site plan waiver is applied for, the nonrefundable filing fee shall be in accordance with § 212-23F of this Code.

The Borough Engineer may consider granting a waiver of site plan review where a new use does not require substantial structural changes and a greater amount of off-street parking than the prior use and where the proposed use does not pose an increased risk to the public health, safety, morals and general welfare.

[Amended 6-13-2019 by Ord. No. 19-12]

Except for special or extraordinary reasons as determined by the Borough Engineer, a site plan waiver shall customarily issue where a site plan approval was obtained within the past five years and there is compliance with Subsections B, C and D above.

[Amended 6-13-2019 by Ord. No. 19-12]

Should the Borough Engineer deny a site plan waiver the application shall be referred to the Planning Board for review and decision. The Borough Engineer shall submit a report to the Planning Board notifying the Board of all site plan waiver actions.

[Added 6-13-2019 by Ord. No. 19-12]

§ 250-9 Schedule of Area, Yard and Building Requirements.

The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.

§ 250-10 Dimensional requirements for irregularly shaped lots.

In the case of irregularly shaped lots, the minimum lot width specified in the Schedule of Area, Yard and Building Requirements set forth in § 250-9 [1] shall be the horizontal distance between the side lot lines of such lot, measured at the front yard setback line, provided that in no case shall the frontage of such lot at the street line be less than 70% of the minimum frontage required in such section.

[1]

Editor's Note: See the Schedule of Area, Yard and Building Requirements as an amendment to this chapter.

§ 250-11 Reduction of requirement: conditions.

Where additional street right-of-way is obtained by the Borough, county or state for a road improvement by purchase, donation, dedication, condemnation or by other legal means, the required minimum lot area, dimensions or setbacks may be reduced by the same area deeded to the Borough, county or state as aforesaid, at the discretion of the Planning Board or Board of Adjustment.

§ 250-12 Joint use of area to meet requirements.

Yards and open spaces. No part of a yard or open space required about any building for the purpose of complying with the provisions of this chapter shall be included as part of a yard or other open space similarly required for another building.

Off-street parking and loading. No off-street parking area, loading or unloading area provided to meet the minimum off-street parking, loading or unloading for one use or structure shall be considered as providing off-street parking, loading or unloading for a use or structure on any other lot.

§ 250-13 Placement of principal residential building or dwelling on lots.

A building to be used as a single-family residence shall not be constructed in the rear or moved to the rear of a structure on the same lot, and a structure shall not be constructed in front of or moved to the front of a residence situated on the same lot.

No lot shall have more than one principal residential building.

§ 250-14 Accessory buildings.

[Amended 2-26-2008 by Ord. No. 08-2; 2-15-2018 by Ord. No. 18-2; 5-17-2018 by Ord. No. 18-11; 11-14-2022 by Ord. No. 22-16]

Buildings which are accessory to the principal use or building are permitted in all zones, provided that:

Yard and accessory building requirements are met as specified for the zone in the Schedule of Area, Yard and Building Requirements set forth in § 250-9.[1]

[1]

Editor's Note: See the Schedule of Area, Yard and Building Requirements included as an attachment to this chapter.

An accessory building attached to a principal building shall comply in all respects with the yard requirements of this chapter for the principal building and may be considered a part of the principal building. Detached accessory buildings shall be located to the rear of the front building line of the principal building and, if located in a side yard area, shall conform to the side yard requirements with respect to the principal building.

Such buildings, when constructed subsequent to the principal building, shall require a certificate of occupancy before they may be legally used.

No detached accessory building shall be used as a residence or dwelling unit in any zone, with the exception of those permitted under § 250-14.3 that contribute towards the Borough's Affordable Housing obligation.

Accessory structure standards for residential zones.

(1)

Detached accessory structure design standards.

(a)

Detached accessory structures are subject to the bulk standards under § 250-9.

(b)

Area. The footprint of an accessory building shall not exceed 600 square feet in area in a residential zone.

(c)

Height. The height of an accessory building shall not exceed 15 feet or be more than one story high.

(d)

Number of structures. A maximum of two accessory buildings are permitted per lot in all residential zones, provided that one is a detached garage for the storage of vehicles or materials.

(2)

Exemptions from building coverage.

(a)

Accessory structures including sheds, or other structures such as gazebos or pool houses without plumbing or electrical which comply with the following conditions shall not require a building permit for installation and shall not be counted when calculating building coverage.

[1]

Less than 200 square feet in area and 10 feet in height.

(b)

Such exempt structures shall be subject to the following standards, which supersede § 250-9.

[1]

Shall not be located in any front yard.

[2]

Accessory structures less than or equal to 100 square feet shall not be located closer than three feet to any rear or side property lines.

[3]

Accessory structures over 100 feet and less than 200 square feet shall not be located closer than five feet to any rear or side property lines.

[4]

Such structures shall not be permitted for use as storage of automobiles.

(c)

Accessory structures in excess of 200 square feet shall comply with the requirements under Chapter 250, Attachment 1,[2] for their respective zone.

[2]

Editor's Note: Attachment 1 is included as an attachment to this chapter.

(3)

Swimming pools.

(a)

No swimming pool or its mechanical pool equipment may be located in the front or side yard setback.

(b)

Pools, as measured from the outer edge of the coping, shall not be located any closer than ten feet to any property line.

(c)

Mechanical pool equipment shall not be located closer than five feet to the side or rear property lines of any property.

(4)

Additional coverage generated by accessory structures and pools shall still contribute towards the calculation of appropriately sized stormwater management facilities.

Nonresidential Zones.

(1)

Sheds no greater than 250 square feet shall be allowed in nonresidential zones, provided that the shed is the only accessory structure on the lot, and that no other accessory structures or uses exist on the lot.

(2)

Such sheds shall not be located in any front yard, shall not be located closer than 10 feet to any rear or side property lines.

§ 250-14.1 Keeping of animals.

[Added 4-17-2014 by Ord. No. 14-4]

The keeping of animals within the Borough shall be permitted as an accessory use in all single-family residential districts subject to the following conditions:

A permit shall be required from the Health Department subject to compliance with the regulations contained in Chapter 265.

The keeping of dogs and cats is excluded from the requirements of this section.

No person shall keep swine in the Borough.

The following animals may be kept within the Borough, provided that the property contains the specified minimum lot sizes and maximum number of animals:

(1)

Horses: five acres and no more than one horse per acre.

(2)

Ponies: five acres and no more than one pony per acre.

(3)

Cattle: five acres and no more than one per acre.

(4)

Sheep: two acres and no more than one per acre.

(5)

Goats: two acres and no more than one per acre.

(6)

Fowl (including pigeons, ducks, geese, peacocks and chickens, excluding roosters): 15,000 square feet and no more than four per 1/3 acre. The keeping of roosters is specifically prohibited.

Properties classified as "farmland assessment" shall not be subject to the limitations concerning the number of animals.

Regulations for buildings, coops and enclosures for housing animals.

(1)

No building, coop, run or stable used for the housing or shelter of animals shall be located in the front yard.

(2)

All buildings, coops, runs or stables shall be located only in the rear yard and shall be a minimum of 20 feet from the rear and side property lines and 20 feet from any dwelling, except that stables or other buildings used for the keeping of horses, ponies, cattle, sheep or goats shall be located a minimum of 50 feet from any dwelling.

(3)

Any outdoor area for keeping animals, including corrals, shall be located a minimum of 20 feet from the rear and side property lines, 20 feet from any residential structure and is not permitted in the front yard.

§ 250-14.2 Freestanding air-conditioning units and permanent generators.

[Added 2-15-2018 by Ord. No. 18-2]

Freestanding air-conditioning units and permanent generators shall not be located in the front yard of any property and shall not be located any closer than five feet to the side or rear property lines of any property.

§ 250-14.3 Affordable accessory apartments.

[Added 2-21-2019 by Ord. No. 19-3]

Applicability. This chapter applies to the creation of subsidized accessory apartments in all residential districts of the Borough.

Purpose. It is the purpose of this program to help meet a portion of the Borough's fair-share housing obligation and provides a realistic opportunity for the development of affordable housing through subsidizing the construction of up to 10 accessory apartments for occupancy by low-income or moderate-income households, Borough-wide. Accessory apartments are permitted in conjunction with the Borough's affordable housing program and the rules and regulations established herein shall be designed to ensure that each accessory apartment established hereunder shall be and shall remain creditworthy under the rules and regulations of the New Jersey Council on Affordable Housing (COAH) and other applicable law for a period of at least 10 years.

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. 5:93-1 et seq. as used in this chapter:[1]

ACCESSORY APARTMENT

A self-contained residential dwelling unit of no less than 300 square feet with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing home, or through the conversion of an existing accessory structure on the same site, or by an addition to an existing home or accessory building, or by the construction of a new accessory structure on the same site. Any dwelling unit created or designated as an accessory apartment pursuant to this section shall be and shall remain permanently accessory to the primary use of the property as a single-family dwelling and shall in no way confer upon the property owner any future rights to subdivide the existing lot in order to place the accessory dwelling on a separate lot from the principal dwelling.

APPLICANT FOR AN AFFORDABLE ACCESSORY APARTMENT

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

COUNCIL ON AFFORDABLE HOUSING

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, agency or consultant designated by the Borough Council to perform the duties described in this chapter. The Borough Council may appoint the Borough Housing Liaison as the Housing Administrator.

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., or its subsequent rules and regulations.[2]

MODERATE-INCOME HOUSEHOLD

A household with a gross household income 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., or its subsequent rules and regulations.[3]

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).

[1]

Editor's Note: N.J.A.C. 5:93 expired on October 16, 2016.

[2]

Editor's Note: N.J.A.C. 5:93 expired on October 16, 2016.

[3]

Editor's Note: N.J.A.C. 5:93 expired on October 16, 2016.

Minimum standards.

(1)

Accessory apartments shall be permitted on properties in which a dwelling with three or more bedrooms, which is in conformity with the regulations of the zoning district in which it is located, including minimum required lot area, lot frontage, lot width, and lot depth, and is at least one acre in area.

(2)

Accessory apartments shall have living/sleeping space, cooking facilities, a kitchen sink, and complete sanitary facilities for the exclusive use of its occupants. The accessory apartment shall have a separate, private entrance from the principal structure on the same property. It shall consist of no less than 300 square feet with at least two rooms, one of which shall be a full bathroom.

(3)

The potable water supply and sewage disposal system for the accessory apartment shall be adequate as evidenced by approval of the Borough Water and Sewer Utility.

(4)

The net habitable floor area devoted to the accessory apartment shall not exceed 25% of the aggregate net habitable floor area within buildings on the site, including both the principal single-family building on the site and all accessory buildings on the site, which shall be certified by a licensed New Jersey architect.

(5)

The creation of an accessory apartment shall not create a nonconforming condition on the site regarding applicable zoning requirements. An accessory apartment that is detached from the principal dwelling shall conform to all of the accessory building requirements of the zone.

(6)

There shall be no more than one accessory apartment located on any one lot.

(7)

Off-street parking shall be provided for the occupants of the affordable accessory apartment in conformance with § 250-34, Off-street parking requirements, which shall be depicted on the submitted sketch or site plan.

(8)

Any construction relative to the creation of an accessory apartment shall be architecturally consistent with the appearance of other structures on the same site. Accessory apartments shall be designed to blend and harmonize new construction with the existing exterior architectural design of the original dwelling unit using similar materials, colors and details. The present exterior architectural design of the original dwelling unit shall be maintained to preserve the residential character of the neighborhood.

(9)

Any dwelling unit created or designated as an accessory apartment pursuant to this section shall be and shall remain permanently accessory to the primary use of the property as a single-family dwelling, and shall in no way confer upon the property owner any future rights to subdivide the existing lot in order to place the accessory dwelling on a separate lot from the principal dwelling.

(10)

In the case of an accessory apartment created illegally or without proper permits, which the property owner desires to legitimize as an accessory apartment under this program, all of the requirements of this section and all requirements of the U.C.C. shall apply.

(11)

Any existing code deficiencies in the portion of the building to be devoted to the accessory apartment unit shall be corrected, and the unit shall be brought up to code standard. The standard for evaluating any rehabilitation activity on an existing dwelling unit shall be N.J.A.C. 5:23-2.4 and 5:23-2.5. The evaluation shall be undertaken and certified by a licensed New Jersey architect prior to the issuance of a construction permit.

(12)

The owner of any accessory apartment as part of this program shall agree, by written contract, to comply with all of the requirements of § 250-87, Affordable Housing Board regulations, of the Borough Code, § 250-7.5, Affordable housing regulations, and the Accessory Apartment Manual.

(13)

The owner shall agree to rent the accessory apartment unit only to a moderate- or low-income tenant.

(14)

The owner shall agree that, prior to the issuance of a construction permit and certificate of occupancy for the initial tenant of the accessory apartment, there shall be a recorded deed or declaration of covenants and restrictions applied to the property running with the land that maintains the affordability of the accessory apartment for the minimum ten-year period. A sample deed restriction and/or loan agreement prepared by the Borough Attorney shall be supplied to the applicant.

(15)

The owner shall agree that, prior to the issuance of a construction permit and certificate of occupancy for the initial tenant of the accessory apartment, a separate deed restriction shall be recorded for any property containing an accessory apartment created pursuant to this section specifying that such unit(s) shall remain permanently accessory to the principal dwelling and shall not in the future be subdivided and placed on a separate lot from the principal dwelling.

Administration.

(1)

Affirmative marketing plan.

(a)

The accessory apartments created shall be affirmatively marketed in accordance with the Borough's affirmative marketing plan.

(b)

Notification of the availability of funds for the creation of accessory apartments shall be accomplished through the circulation of flyers describing the accessory apartments program, as described in the Accessory Apartment Manual adopted by the Borough, and making information and application packets available to interested owners upon request and free of charge.

(c)

Before any rental or re-rental of an accessory apartment, the unit shall be affirmatively marketed by the Borough's affordable housing administrative agent to households throughout the housing region (consisting of Union, Morris, Essex, and Warren Counties) in a manner consistent with the affirmative marketing requirements of the New Jersey Council on Affordable Housing.

(2)

Housing administrator or Borough administrative agent. The Borough Council shall designate a Housing Administrator, who may be the Borough housing liaison, or the Borough administrative agent, to manage the accessory apartment program, whose duties may include all or some of the following:

(a)

Preparing an accessory apartment program operating manual consisting of the following:

[1]

Implementing the affirmative marketing plan adopted by the Borough;

[2]

Criteria for determining eligibility of properties and accepting applications from interested households to determine their eligibility;

[3]

Creating and maintaining a waiting list of applicant households;

[4]

The amount of money currently available for accessory apartment conversions or additions;

[5]

Ensuring compliance with permissible rents and annual rent increases;

[6]

Procedures for review and approval of work, including interim inspections of work;

[7]

Establishing and maintaining effective communication with owners and sending out annual mailings about restrictions including allowable rent increases; and

[8]

The length and terms of affordability controls.

(b)

Preparing information packets to be distributed to interested owners.

(c)

Developing the necessary application forms to be used by owners interested in applying for participation in the accessory apartments program. The application form shall clearly state that any owner who utilizes the provisions of this program shall agree to place a deed restriction and a lien on his or her property. In addition, the application form shall require proof of ownership, insurance and other general information on the property in question. The content shall be pursuant to the accessory apartment program operating manual.

(3)

The affordable accessory apartment shall be subject to inspection by the appropriate subcode officials and Construction Official in the normal course of his/her responsibilities, upon the submission of a construction permit.

(4)

Funding.

(a)

Funding for the accessory apartments program shall come from the Borough's Affordable Housing Trust Fund, as designated in the Borough's approved spending plan. The money expended on the accessory apartments program shall be exempt from the limitations on final appropriations imposed pursuant to P.L. 1976, c. 68 (N.J.S.A. 40A:4-45.1 et seq.).

(b)

The Borough shall provide ten-year forgivable loans to fund the creation of up to 10 accessory apartments Borough-wide in the amount up to $25,000 per unit.

(c)

A minimum of $10,000 and up to a maximum of $20,000 shall be provided for each moderate-income accessory apartment unit to be created, or $25,000 for each low-income accessory apartment created. The property owner shall be obligated for any additional costs. The $20,000 or $25,000 subsidy shall be applied to the construction costs of the accessory apartment unit and/or to provide compensation for reduced rental costs.

(d)

Recommendations for funding shall be sent by the Housing Administrator or Borough administrative agent to the Borough Clerk for inclusion on the agenda of the Borough Council. If all program criteria and zoning requirements have been met and certified by both the Housing Administrator/administrative agent and Zoning Officer in writing, the Committee shall approve the funding of the improvements from the funds reserved for the program and shall authorize the Borough Attorney to prepare an accessory apartment loan agreement and deed restriction so as to ensure that a lien position may be held the Borough. The recommendation for funding shall include all capital costs and an estimate of the soft costs/administrative expenses to be budgeted (such as the inspection costs, attorney's fees, and processing expenses incurred by the Borough Clerk).

(e)

Funding will be provided to the approved accessory apartment owner as follows:

[1]

Twenty percent will be provided once the lien and deed restrictions are recorded.

[2]

Twenty percent will be provided at the issuance of the building permit.

[3]

Twenty percent will be provided after the project passes the framing inspection.

[4]

Twenty percent will be provided at the issuance of the certificate of occupancy or the certificate of approval.

[5]

Twenty percent will be provided when the lease is executed with the initial prospective tenant.

(f)

All subsidy monies shall be refunded to the Borough should the affordable accessory apartment not be occupied by a qualified family or tenant within one year of the granting of the subsidy.

General procedures for application, review, and approval.

(1)

owner application, eligibility, and review.

(a)

Interested owners will be able to secure information and application packets from the designated Housing Administrator or Borough administrative agent.

(b)

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

(c)

Interested owners who submit applications for the accessory apartments program shall not be required to pay application fees. Any necessary construction fees or permitting are not waived.

(d)

The Housing Administrator or Borough administrative agent 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 accessory apartment unit to a qualified low- or moderate-income household.

(2)

Zoning approval procedure.

(a)

Approved applicants for the creation of an accessory apartment shall submit for approval through the Borough's zoning permit approval process. The application shall include the forms required for a Borough zoning permit and all information necessary for the Zoning Officer to determine compliance with this section. The application shall include, but may not be limited to, the following:

[1]

A plot plan (survey) including the location of the proposed construction and demonstration of conformity to the applicable bulk requirements of the zone.

[2]

A sketch of floor plan(s) and site plan(s) signed and sealed plan by a licensed New Jersey architect showing the location, size, and relationship of both the accessory apartment and the primary dwelling within the building or in another structure as to size and demonstration of compliance with the applicable requirements of this section.

[3]

Elevations showing modification of any exterior building facade to which changes are proposed.

[4]

The zoning permit for an application for an accessory apartment shall only be denied if the property is not in conformance with this section and other applicable zone requirements. All denials shall be made in writing with the reasons clearly stated.

(b)

The Zoning Officer's determination shall be submitted in writing to the Housing Administrator or Borough administrative agent. Funding shall be requested and administered according to the schedule required by Subsection E(4) of this section.

(c)

Any new construction or renovation of an accessory apartment shall require construction permits which submitted to the Construction Official with the appropriate forms and fees. The Construction Official shall review the plans in the normal course of business and issue the appropriate permits when warranted.

(d)

Before a construction permit and a certificate of occupancy may be issued;

[1]

The applicant shall have entered into and recorded an agreement with the Borough of Florham Park specifying that the proposed accessory apartment shall be constructed, occupied, and maintained in a manner that complies with all of the requirements of the New Jersey Council on Affordable Housing, including the minimum ten-year length of the affordable housing deed restriction, the necessity of affirmatively marketing the unit, the basis for calculating the maximum permitted rent and all incremental increases in the permissible rent; the method and timing of payments/subsidies by the Borough and any other relevant matters consistent with the intent and purpose of this section and the affordable housing program in general;

[2]

All of the necessary agreements shall be signed by the applicant and the Housing Administrator or Borough administrative agent;

[3]

The lien shall be filed and recorded with the County Clerk;

[4]

The deed restriction for the ten-year affordability control shall be filed and recorded with the County Clerk; and

[5]

A separate permanent deed restriction establishing the permanent accessory status of the accessory apartment shall be filed and recorded with the County Clerk.

(e)

All subsidy monies shall be refunded to the Borough should the affordable accessory apartment not be occupied by a qualified family or tenant within one year of the granting of the subsidy. Should the affordable accessory apartment not be produced or rented to a qualified low- or moderate-income household, the subsidy shall be returned to the Borough and deposited in the Housing Trust Fund. All escrow and/or permitting fees shall not be refunded. The affordable accessory apartment shall only be rented to a qualified household.

Affordability controls.

(1)

Liens on property. An owner who receives financial assistance 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:

(a)

The Borough shall be specified as the lienholder.

(b)

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

(c)

A record of the lien will be kept on the property tax record, in the County Clerk's files, in the Housing Administrator's or Borough administrative agent's records, and notification to the tax collector with the deed and with the insurance policy, as required by this program.

(d)

The owner shall notify the Housing Administrator or Borough administrative agent, in writing, of the intent to sell a property that has benefitted from the accessory apartments program, if the accessory apartment is still under the affordability controls and restrictions required by this program.

(e)

Each time the unit is re-rented, the Housing Administrator or Borough administrative agent will verify that the unit will continue to be occupied by a qualified moderate- or low-income household and that the rent charged meets the affordability guidelines of the program.

(f)

All properties shall be periodically checked for liens, and any suspected violations of the program shall be reported to the Housing Administrator or Borough administrative agent for further investigation.

(g)

At the termination of the affordability controls, the loan shall be forgiven and the lien shall be discharged by way of a notice of lien discharged filed with the County Clerk.

(2)

Length of affordability. owners who utilize the provisions of the accessory apartments program shall accept a deed restriction on the property. The deed restriction shall state that only a moderate- or low-income tenant, as determined by the Housing Administrator or Borough administrative agent, shall occupy the accessory apartment unit. The deed restriction shall be recorded with the County Clerk, and a copy of the recorded deed shall be forwarded to the Housing Administrator or Borough administrative agent. The deed restriction shall go into effect as soon as a certificate of occupancy has been issued and shall apply for a period of at least 10 years until the Borough elects to release the unit from the requirements of the deed restriction. Any sale of the subject property shall not affect the length or terms of the deed restriction.

(3)

Pricing. The Housing Administrator or Borough administrative agent and owner(s) of a deed-restricted 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 to 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)

The following criteria shall be used to calculate applicable rents for the accessory apartment units:

[1]

Efficiency units shall be affordable to one-person households;

[2]

One-bedroom units shall be affordable to one-and-one-half-person households;

[3]

Two-bedroom units shall be affordable to three-person households.

(c)

The rent level of each subsidized accessory apartment shall be affordable to an appropriately sized household, as set forth in Subsection G(3)(b), above, earning not more than 50% of the regional median income for that size household for low-income residents and between 50% and 80% of the regional median income for that size household for moderate-income residents. The Housing Administrator or Borough administrative agent shall establish the maximum rent level for each subsidized accessory apartment based upon these criteria.

(4)

Annual indexed increases. The rents of the accessory apartment units may be increased annually in accordance with N.J.A.C. 5:93-9.15.[4]

[4]

Editor's Note: N.J.A.C. 5:93 expired on October 16, 2016.

Program compliance.

(1)

The provisions of this chapter notwithstanding, the accessory apartments program will comply with all of the regulations of the Council on Affordable Housing, Uniform Housing Affordability Controls, and with the requirements of the Chapter 250, § 250-7.5, Affordable housing regulations. When references to the New Jersey Administrative Code (N.J.A.C.) made herein are superseded, the successor correlative regulations are intended to be referred to.

(2)

Violations, defaults, and remedies. In the event of a threatened breach of any of the regulations governing the affordable unit by an owner of an accessory apartment, the administrative agent shall have all the remedies provided at law or equity, including the right to seek injunctive relief or specific performance, it being recognized by both parties that it will cause irreparable harm to the municipality, in light of the public policies set forth in the Fair Housing Act[5] and the obligation for the provision of low- and moderate-income housing. Upon the occurrence of a breach of any of the regulations governing the affordable units by an owner of an accessory apartment, the Borough shall have all remedies provided at law or equity, including but not limited to foreclosure, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.

[5]

Editor's Note: See N.J.S.A. 52:27D-301 et seq.

§ 250-15 Churches.

Churches and similar places of worship and religious instruction shall have a minimum lot area of three acres. No such building or accessory building shall be within 75 feet of any lot or street line. Such uses shall comply with all other requirements of the zone in which located.

§ 250-16 Lot frontage; yards.

Every principal building shall be built upon a lot with a frontage on a public street which has been improved or approved in accordance with Borough standards, unless relief is granted pursuant to the provisions of N.J.S.A. 40:55D-36, 40:55D-60 or 40:55D-76, except that lots in the R-88 Zone may be developed on private driveways as provided in § 250-46 hereunder.

Every lot must provide front, side and rear yards as required for its zone.

All front yards must face upon a dedicated public street or a private street approved by the Planning Board.

All yards abutting a street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which located for the purpose of constructing the principal building only.

§ 250-17 Buffer areas.

Requirements and permitted uses, within buffer area. Wherever the property line of a lot in a nonresidential zone abuts a residential zone, a buffer area shall be established within the property of the nonresidential zone. A buffer shall be required for nonresidential or multifamily zone hat abut a single-family residential zone line, measured from the building wall to the residential zone line. Buffer strips apply shall only in side and rear yards and shall be inclusive of side and rear yard setback requirements. Within the buffer area, no use or activity shall be permitted, except for driveways or signage as permitted by the Planning Board.

[Amended 11-14-2022 by Ord. No. 22-16]

Buffer requirements by zone.

[Amended 11-14-2022 by Ord. No. 22-16]

(1)

A fifty-foot buffer shall be required in the B-1 Zone,

(2)

A fifty-foot buffer shall be required in the PB Zones,

(3)

A 100-foot buffer shall be required in the C Zones,

(4)

Any variation from these requirements constitutes a noticed exception, which may be granted by the Planning Board.

Landscaping. Within the buffer area, solid and continuous landscaping shall be planted and maintained and be in accordance with requirements of the Florham Park Planning Board or Board of Adjustment. The landscaping shall consist of lawn, massed conifer and deciduous trees, ornamental trees and shrubs of such species, size and density as will:

(1)

Obscure, through all seasons, all of the glare of automobile headlights emitted from the premises as is reasonably practicable.

(2)

Conceal or at least break up the outline of the structure and parking area and convey, as much as possible, to the general public a pleasing view. Screens also should be designed to facilitate maintenance such as weeding, pruning, etc. Plantings at intersections should be placed so as to protect and provide required sight distance. Landscaping in buffer zones is exclusive of any other landscaping requirements of the Code.

Remaining area. The remainder of the area and all required yard areas not occupied by parking areas shall be landscaped according to plans approved by the Planning Board.

Replacement of plantings. In the event that any of the plantings in accordance with the above requirements do not live or are removed within one year from the time of planting, they shall be replaced.

§ 250-18 Radio, television and satellite communication antennas.

Radio and television antennas, including satellite dish antennas, may be installed, erected and maintained as accessory uses on a lot which contains a principal structure within all Zone districts, but only in accordance with the provisions of this section. The term "antenna," as used herein, shall include any system of wires, poles, rods, reflecting discs or similar devices, which system is external to or attached to the exterior of any building. Antennas shall include devices having active elements extending in any direction and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna. The height of an antenna shall be the total maximum to which it is capable of being raised and shall be measured from the highest point of the finished grade adjacent to the structure if ground-mounted or from the peak of the roof if roof-mounted.

It is the purpose of this section, in particular, to regulate the construction, erection and use of satellite dishes consistent with an applicant's desire to receive and utilize satellite signals. The size, shape and location of satellite dish antennas present health, safety and aesthetic concerns to the community, and it is the purpose of this section to locate all antennas in the rear yard whenever and wherever possible. It is further the purpose of this section to locate the satellite dish antennas on the ground. Finally, except as otherwise permitted in the PB, B-1 and C Zones, it is the purpose of this section to limit rooftop locations of antennas to those applicants who are unable to received desired signals from hidden or screened locations on the property.

(1)

All such antennas are accessory uses and must comply with the provisions and regulations controlling such uses and structures.

(2)

With the exception of antennas which are less than one meter in diameter, and two meters or less in commercial and industrial zones, all other antennas shall be installed only after application to the Planning Board and approval as to the issuance of a construction permit by the Construction Official.

(3)

The Planning Board may grant exception to ordinance requirements in an attempt to ensure adequate signal reception, but clear and convincing proof must first be submitted by the applicant as to the need for the reception and the "negative criteria" impact on the neighborhood involved in the location of the antenna.

(4)

The antennas shall only relate to the primary use on the property.

(5)

Consistent with this purpose, the following regulations shall apply:

(a)

No antenna shall be erected more than a height of 12 feet to the highest point of the antenna without approval of the Planning Board. The height requirement relates to visibility from other properties.

(b)

No antenna shall have a diameter of more than eight feet, unless otherwise approved by the Planning Board.

(c)

Every antenna shall be located to the rear of the premises, no closer than 10 feet to the rear/side lot line and screened to create a minimum visibility to surrounding properties. On corner lots which have no defined rear yard area, the antenna may be located in a side yard at least two times the required front yard setback from the street line.

(d)

Screening or buffer requirements may be established by the Planning Board, but all such antennas shall be screened from view by plants or trees of at least the same height as the structure and shall be placed so as to provide maximum screening capabilities.

(e)

Power and control cables, whenever possible, shall be underground.

(f)

The antenna shall not be constructed so as to extend the permitted height of the principal building.

(g)

In all residential zones, there shall be a limit of one screened antenna per principal building, and, in multifamily zones, there shall be one screened antenna permitted for each 25 housing units. In all commercial zones (PB, B-1 and C Zones), the number of screened antennas permitted on a commercial building shall be limited to one antenna per 10,000 square feet of gross floor area up to a maximum of five antennas per building. If a commercial building contains less than 10,000 square feet of gross floor area, no more than one screened antenna would be permitted.

All antennas shall be subject to the following:

(1)

Development standards. All antennas shall be located, designed, constructed, treated and maintained in compliance with the requirements of the applicable Building Code and the requirements set forth below. The requirements below have been designed with the intent of advancing and achieving health, safety and aesthetic interests and objectives and are further intended to operate so as not to impose unreasonable limitations on, or prevent, reception of satellite-delivered signals or to impose costs on the users which are excessive in light of the cost of purchase and installation. However, wherever possible, the antenna to be installed shall be the smallest or most compact available.

[Amended 11-14-2022 by Ord. No. 22-16]

(2)

Antennas in residential districts.

(a)

No lot shall contain more than two antennas, not more than one of which may be a satellite dish antenna.

(b)

No antenna shall be located in a front yard.

(c)

Roof-mounted antennas of any type shall not extend higher than 12 feet above the highest point of the roof. Satellite dish antennas shall not be permitted on the roof unless the requirements set forth in this section cannot be satisfied, as determined by the Planning Board. In such instances, no roof-mounted satellite dish antenna shall exceed eight feet in diameter nor extend higher than 10 feet above the highest point of the roof. A roof antenna shall be of mesh construction.

(d)

Ground-mounted, accessory antennas of any type shall not extend higher than 50 feet above adjacent ground level, except that ground-mounted, satellite dish antennas shall not exceed eight feet in diameter nor 12 feet in height.

(e)

Antennas located in a side yard shall meet the side yard setback requirement for principal buildings.

(f)

Antennas located in a rear yard shall meet the property line setback requirement applicable to accessory buildings, but in no event shall be located closer to a property line than 1/2 the height of the antenna.

(3)

Antennas located in multifamily housing developments shall meet the requirements of Subsection B(2) above, except that there may be one satellite dish antenna for each 25 dwelling units up to a maximum of three such antennas.

(a)

No antenna shall be located in a front yard.

(b)

An antenna may be erected on the roof of a building, provided that the building, including the antenna, falls within the height limits established for the zone district. Dish antennas exceeding eight feet in diameter or ten feet in height shall not be permitted on the roof. Ground-mounted antennas shall not exceed 50 feet in height, provided that no ground-mounted dish antenna shall exceed a diameter of 12 feet nor extend above the ground more than 12 feet.

(c)

An antenna located in a side yard or a rear yard shall be located at least 40 feet from a property line, but not less than the height of the antenna.

(4)

General regulations.

(a)

No portion of an antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area but may be attached to the building.

(b)

Ground-mounted antennas shall be any antenna with its base mounted directly in the ground, even if such antenna is supported or attached to the wall of a building. Fixed-guyed antenna towers shall be fascia-mounted or guyed according to approved standards. Wire antennas that are not self-supporting shall be supported by objects within the property lines, but not within any front yard areas.

(c)

The antenna, including guy wires, supporting structures and accessory equipment, shall be located and designed so as to minimize, to the greatest extent possible, the visual impact on surrounding properties and from public streets. Antennas should be screened from view through the addition of anti-climb fencing and architectural features or evergreen landscaping that harmonize with the elements and characteristics of the property; provided, however, that no screening shall be required which would inhibit adequate reception. Screening by fencing or plantings may be waived if natural terrain and landscaping provide adequate screening. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish or reflective, and all antennas shall blend with the surrounding environment.

(d)

Antennas shall be so constructed, erected and/or mounted to withstand the elements, including maximum wind velocities, that may be anticipated based on the Borough's geographic location. The mast or tower shall be of noncombustible and noncorrosive hardware; brackets, turnbuckles, clips and similar type equipment subject to rust or corrosion shall be protected with a zinc or cadmium coating by either galvanizing or a compatible process after forming. These finishes are selected to guard against corrosion and to protect from the elements against electrolytic action due to the use of adjoining dissimilar metals. All structural elements and supports shall be subject to inspection and approval by the Borough Engineer. Written evidence of the structural integrity of the antenna and its installation from the manufacturer and/or installer, as the case may be, shall be provided, and the applicant may be required, upon installation, to provide an affidavit certifying that the composition and installation of the antenna meets all manufacturer's specifications.

(e)

Power control and signal cables to or from the antenna shall be by underground conduit.

(5)

Approval of antennas. Prior to the issuance of a zoning permit, an application for an antenna shall be made to and approved by the Planning Board following the procedures established for minor site plan approval. Said application shall include or shall be accompanied by the following:

(a)

Completed application form in triplicate.

(b)

Application fees, as established.

(c)

A plat plan drawn in accordance with minor site plan specifications, accurately showing the following:

[1]

The property in question, with all lot lines and lot line dimensions.

[2]

The location of all buildings on the property.

[3]

The location of the proposed antenna, including:

[a]

Distances from property lines and buildings.

[b]

Specifications for the antenna, including its size, height, color and physical description, proposed mounting and support structures and other relevant information.

[c]

Existing and proposed vegetation, fencing and other provisions for screening of any dish antenna.

[d]

A report prepared by the installer of the antenna explaining why the proposed location was selected.

(6)

Exceptions. The foregoing regulations are intended to foster the health, safety and general welfare of the Borough, especially to protect the values of neighboring properties, which values may be threatened by the negative impacts created by dish and other antennas, particularly those impacts on aesthetic values resulting from potential unsightly appearance, obstruction of light and visibility and similar adverse effects. Where the limitations imposed by these regulations as applied to a particular property would prevent, limit or restrict reception of satellite-delivered signals, the Planning Board may grant such exceptions from said regulations which will violate their purpose and intent to the least degree possible. In seeking any such exceptions, and in support of the same, the applicant, at his own expense, may be required by the Planning Board to provide technical evidence from a qualified expert.

(7)

Prohibitions. No antenna or antenna structure located in the Borough, regardless of when it was erected, shall be used as a sign or as a supporting structure for any sign or lettering.

(8)

Enforcement.

(a)

All antennas shall be maintained in good condition and in accordance with all requirements of this section.

(b)

All antennas shall be subject to periodic reinspection. No additions, changes or modifications shall be made to an antenna, unless the addition, change or modification is in conformity with the BOCA Basic Building Code and approved by the Planning Board.

§ 250-19 Walls and fences; shrubbery.

All zones. Walls and fences are permitted in the yards of all zones, provided that they are not higher than four feet. If fences are proposed to be located adjacent to existing fencing (back to back), then the foundation or posts shall be located inside the property line. Fences above six feet are permitted only to enclose permanent athletic facilities. (See also § 250-19C.) An appropriate fence permit must be obtained from the Zoning Official or Construction Official prior to construction.

[Amended 11-14-2022 by Ord. No. 22-16]

Residential zones. In all residential zones, fences not higher than six feet are permitted in the side and rear yards. Fences more than 50% solid are permitted only in rear and side yards of residential zones to the plane defining the front of the house. (See also § 216-4.) Front yards may have fences not exceeding four feet high, 50% solid. When a wall or fence is installed on top of a berm, railroad tie wall, or other similar structure or mounding, the height of the fence shall include the height of the berm, retaining wall or other mounding which is at a higher elevation than the predominant grade of the property on which the fence is located, as determined by the Zoning Officer. For the purpose of corner lots, both street frontages shall be treated as a front yard. Retaining walls shall be permitted up to six feet in height, inclusive of any safety fence required atop the wall in the side and rear yards of all residential zones.

[Amended 7-16-2002 by Ord. No. 14-02; 11-14-2022 by Ord. No. 22-16]

B-1, PB-1, PB-2 and C Zones. In these zones, fences or walls not exceeding seven feet in height shall be permitted in the side and rear yards. A fence or wall used for screening, if required by the Planning Board, may be higher as determined by the Planning Board. When a wall or fence is installed on top of a berm, railroad tie wall, or other similar structure or mounding, the height of the fence shall include the height of the berm, retaining wall or other mounding which is at a higher elevation than the predominant grade of the property on which the fence is located, as determined by the Zoning Officer.

[Amended 7-16-2002 by Ord. No. 14-02; 11-14-2022 by Ord. No. 22-16]

Electric or barbed-wire fences are permitted only in connection with farming operations to control livestock.

All zones.

(1)

The finished or "good side" of the fence must face away from the property on which installed.

(2)

If fencing has dissimilar sides in respect to finish, the structural members, supports and braces must face property for which the fence is intended, and the finished side must face adjoining property.

§ 250-19.1 Signs.

The provisions of Borough Code, Chapter 199, are incorporated, by reference, in Borough Code Chapter 250 as if fully set forth at length. (See § 250-2.1 C.)

§ 250-20 Soil removal; lot grading plan.

No persons shall excavate, scrape, dig or otherwise disturb the soil on any lots or property in the Borough for use other than on the premises from which it shall be taken, nor shall any person remove or cause to be removed an amount of soil in excess of 12 cubic yards from any lot or property for use on any other lot or property, whether such removal is for sale, gift or otherwise, unless a permit is first secured pursuant to Chapter 203 of the Code of the Borough of Florham Park.

Soil disturbance shall include cutting, filling and removing of natural vegetation, along with the excavation of any soil for other than the foundation of the principal building.

Topsoil may be redistributed on a lot or on the premises in question, but removal requires a soil disturbance or removal permit.

A surface grading plan may be required in conjunction with any soil movement or removal prior to the issuance of any construction permit. This requirement may be waived by the Borough Engineer, or his agent, where the proposed installation or construction will not present any risks of problems of soil erosion, drainage or other hazards.

§ 250-21 Landscaping for nonresidential uses in residential zones.

Nonresidential uses in all zones shall be landscaped from the property line in the front yard area so that the landscaped area shall be at least 1/2 of the gross floor area of all nonresidential buildings and structures.

§ 250-22 Parking of mobile homes, recreational vehicles, trailers, travel trailers and boats.

Notwithstanding any other provisions of this chapter, the parking of mobile homes, recreational vehicles, trailers, travel trailers and boats in excess of 32 feet in any zone is prohibited. This prohibition does not apply to one unoccupied trailer, travel trailer, camper, van, recreational vehicle or boat, which is 32 feet or less, owned and used by the residential occupant property owner, and provided that said vehicle has an existing valid license, registration and insurance. Parking should be behind the principal dwelling when possible.

§ 250-23 Parking or storage of commercial vehicles in residential zones.

Not more than one commercial vehicle not exceeding a manufacturers' gross vehicle weight of 10,000 pounds excluding a trailer, owned or used by a resident of the premises, shall be permitted to be stored or parked outdoors in a residential zone, and, if possible, such parking or storage shall be in a garage or in the rear of the premises and buffered from public view.

§ 250-24 Visibility at street intersections (sight distance).

[Amended 2-17-2022 by Ord. No. 22-2]

See Borough Code § 188-28, Sight triangles, for residential and nonresidential zones.

§ 250-25 Outdoor storage.

B-1 and C Zones. In the B-1 and C Zones, no article or material shall be kept, stored or displayed outside the confines of a building unless such article or material is so screened by special plantings or a fence, as approved by the Planning Board, and is not visible from an adjacent residential zone, a public street or from an interior driveway between public streets and principal buildings.

Residential and PB Zones. In the Residential and PB Zones, outdoor storage of items defined in Borough Code § 188-4 (See definition of "nuisance") is prohibited. Outdoor storage, as regulated in this section and Borough Code § 188-4 (nuisance), is only permitted in side and rear yards.

Within any residential zone, no motor vehicle shall be permitted to be stored, spray painted or repaired, including but not limited to the removal of wheels, outside of a garage so as to cause the motor vehicle at any time to be in any disassembled or disabled condition, or be unregistered or uninspected or be left on blocks or other similar devices.

No public garage, service station or new or used automobile sales establishment shall store outside in a side or front yard wrecked, damaged or disassembled, either whole or in part, motor vehicles, boats or used automotive or marine parts or used supplies or materials. Any such storage area located in a rear yard shall be screened so that no stored vehicle or article shall be visible from the front of the premises or to any adjacent premises. No vehicle, boat or equipment shall be offered for sale at a public garage or service station.

The use of portable storage containers in an R-Zone will be allowed on a temporary basis, subject to the following conditions:

[Added 9-24-2015 by Ord. No. 15-19]

(1)

Portable storage containers and/or similar temporary storage-type structures shall be placed on a subject property within a residential zone for no more than 30 days unless used in conjunction with a validly issued construction permit, in which event, said container shall be permitted to remain for the active duration of the construction permit, but in no event for more than one year (365 days) from the date of the initial permit issuance.

(2)

A property owner may apply for an extension of the thirty-day limitation to the Zoning Official for good cause, but in no event for more than an additional 30 days.

(3)

No portable storage container or similar storage-type temporary structure shall be placed in any area on a residential property not meeting the accessory structure setback requirements of the zone in which it lies and in no event shall a portable storage container be placed in or on a front yard, the public right-of-way, or at any location which obstructs traffic visibility or flow as determined by the Borough Zoning Official and/or the Borough Police Chief or approved designee. All portable storage containers shall be placed on a driveway, where possible.

(4)

There shall be a limit of one portable storage container per property.

(5)

No more than one portable storage container permit shall be issued to the same property within a three-hundred-sixty-five-day period without express consent of the Zoning Official.

(6)

The size of a portable storage container shall not exceed 10 feet in height and 10 feet width by 20 feet in length.

(7)

The portable storage container and the area surrounding it shall be kept in a neat and clean condition.

(8)

No material, goods, wares or debris is allowed to be placed on or under the portable storage container.

(9)

Said container is to be left closed at all times except when loading or unloading.

(10)

No hazardous, toxic or dangerous material is permitted to be stored in said container.

§ 250-26 Restoration of unsafe structures.

Any structure or portion thereof declared unsafe by the Construction Official or his agent shall be razed and removed from the property. It may be restored to a safe condition, provided that the use is a permitted use in the zone in which it is located and the appropriate permits and/or Planning Board or Board of Adjustment approvals have been obtained. (See also Borough Code Chapter § 94.)

§ 250-27 Prohibited uses generally.

Any use not specifically permitted in a zoning district established by this chapter is hereby specifically prohibited from that district, and the following uses and activities are specifically prohibited in any zone in the Borough:

All billboards, signboards, advertising signs or devices not expressly related to the business permitted or being conducted on the premises unless otherwise specifically permitted by this chapter.

[Amended 11-14-2022 by Ord. No. 22-16]

Auction markets.

Carousels, roller coasters, Ferris wheels, pony or train rides, midways, sideshows.

[Amended 11-14-2022 by Ord. No. 22-16]

Motels, hotels, cabins for hire, trailer coach or mobile home parks.

Outdoor storage or display of new or used motor vehicles or trailer coaches or mobile homes or any other related goods for sale or storage at point of sale.

Junkyards, automobile wrecking or disassembly yards, the sorting or baling of scrap metal, paper, rags or other scrap or waste material or the outdoor storage of machines, containers or parts thereof.

Any use which emits excessive or objectionable amounts of dust, fumes, noise, odor, smoke, vibration, glare or waste products.

Use of any building or premises in such manner that the health, morals, safety or welfare of the community may be endangered.

Use of a trailer coach or mobile home as a dwelling; use of a trailer for storage or for offering goods for sale.

New or proposed outdoor or aboveground storage of building supplies, lumber, coal or fuel.

[Amended 11-14-2022 by Ord. No. 22-16]

Drive-in eating establishments in which food or drink are served to or consumed by customers while in automobiles.

Mines, quarries or other commercial excavating or associated or related activity.

Mobile homes, whether or not situated on a permanent foundation. (See also § 250-22.)

Any commercial operation or facility operated, maintained or used in any public or quasi-public place or in any building or place to which the public is invited, where money is charged for the use or operation of any automatic amusement device or game, including but not limited to pinball machines or computer games. This prohibition extends to all premises designated for the principal or primary use of amusement games or machines. Any facility having such an automatic amusement device or game as an incidental feature and which is not the principal or sole purpose and function of such facility is not prohibited if properly licensed by the Borough.

The storage of more than 10 gallons of Class I flammable liquids above or below ground in a residential zone. (See N.J.A.C. 5:23.)

Car washes.

Sexually oriented businesses.

(1)

"Sexually oriented businesses" is to be construed to include the following: Any establishment which sells, distributes, rents or exhibits obscene material within the Borough of Florham Park or permits or employs a person in any place open to the public, or to which the public is invited within the limits of the Borough of Florham Park, to perform the following:

(a)

Dances commonly known as "go-go dances."

(b)

Engaging in what is commonly known as "strip tease" by the removing of all or part of one's clothing where accompanied by music or without music and whether or not as part of a dance.

(c)

Topless or bottomless exhibitions or dancing by a female person or persons.

(d)

Bottomless exhibition or dancing by male persons.

(2)

Definitions. The following words and terms, when used in this subsection, shall have the following meanings:

BOTTOMLESS

Having the genital area beneath the waist unclothed or clothed by a transparent material.

EXHIBIT or EXHIBITION

To show oneself in any capacity, whether while employed in the performance of work or entertainment or whether simply at leisure or otherwise, or the sale of admission to view obscene material.

OBSCENE MATERIAL

Any description, narrative account, display or depiction of sexual activity or anatomical area contained in, or consisting of, a picture or other representation, publication, sound recording, live performance or film video which, by means of posing, composition, format or animated sensual details:

(a)

Depicts or describes in a patently offensive way ultimate sexual acts, normal or perverted, actual or simulated masturbation, excretory functions or lewd exhibition of the genitals;

(b)

Lacks serious literary, artistic, political or scientific value, when taken as a whole; and

(c)

Is a part of a work which, to the average person applying contemporary community standards, has a dominant theme, taken as a whole, which appeals to the prurient interest.

TOPLESS

Having the breasts unclothed or clothed by a transparent material.

(3)

Sale of obscene material shall be deemed to include any form of transaction which results in the admission to a display or depiction of obscene material or temporary or permanent access to any obscene material.

Firearm and ammunition sales.

[Added 12-19-2000 by Ord. No. 30-00]

Flag lots.

[Added 2-15-2018 by Ord. No. 18-2]

All cannabis businesses as defined in Chapter 95, §95-1, of the Revised General Ordinances of the Borough of Florham Park, including, but not limited to, all classes of "cannabis distributors," "cannabis delivery services," "cannabis establishments," "cannabis cultivators," "cannabis manufacturers," "cannabis wholesalers," and "cannabis retailers" as said terms are defined in the aforementioned section of this Code and in Section 3 of P.L. 2021, c. 16, as amended and supplemented, and any and all uses related to the same, but not the delivery of cannabis items and related supplies by a delivery service.

[Added 5-20-2021 by Ord. No. 21-13]

Solar carports in any zones except C, POD-S, and POD-N Zones.

[Added 11-14-2022 by Ord. No. 22-16]

Short-term rentals of any residential dwelling for a period less than 28 nights.

[Added 11-14-2022 by Ord. No. 22-16]

§ 250-28 Land uses within flood hazard areas.

All land uses falling within a flood hazard area shall be specifically controlled by the Florham Park Surface Water Management Plan. (See Borough Code Chapter 215.)

§ 250-29 Hazardous conditions.

No site approval, construction permit or occupancy permit shall be granted for a structure or use if the design or construction of such structure or use involves or is likely to involve exceptional risk of traffic congestion, public safety or hazard. No lighting of any kind shall be permitted which interferes with or is likely to involve a risk to traffic safety or creates any condition which violates the purposes of this chapter. (See § 250-2.)

§ 250-30 Nonconforming uses and structures; lots.

Continuance. The use of any building or land which was lawful prior to the time of any adoption, revisions or amendments changing zones or uses may be continued although such uses do not conform to the provisions of this chapter and are not favored under the Land Use Ordinances of the Borough of Florham Park.

Maintenance; repair; alteration. A nonconforming structure may be maintained and repaired during its life, provided that any reconstruction complies with all the requirements of this chapter and with the State Uniform Construction Code.

Extension; enlargement; change. A nonconforming use shall not be increased, extended, changed or enlarged.

Discontinuance; reestablishment. Whenever a nonconforming use has been discontinued or abandoned for a period of six months, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.

Reversion. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.

A lot which fails to comply with the minimum lot area or frontage requirements of this chapter may be used for any use not prohibited in the zone in which it lies, provided that the same owner or owners do not own any contiguous lot and can not acquire additional contiguous property, and provided that all other requirements of this chapter are complied with.

§ 250-30.1 Zoning permit fees.

[Added 9-24-2015 by Ord. No. 15-16]

The following fees have been established for the review of a properly filed zoning permit. Note that the fee is due whether the application is approved or denied.

[Amended 11-14-2022 by Ord. No. 22-16; 2-16-2023 by Ord. No. 23-01]

Item		Fee
New residential, single-family dwellings and additions		$250
Residential alterations (if zoning review is required)		$75
Commercial/nonresidential applications		$250
Detached accessory structures such as garages, sheds greater than 100 square feet, pool cabanas and similar structures		$150
Sheds 100 square feet or less		$75
Decks, whether attached or detached		$75
	*(If filed for in conjunction with a new residential, single-family dwelling or addition, no fee.)
A/C condensers, generators, driveways (new or altered), patios, tennis courts, hot tubs, swimming pools, retaining walls, fences (other than temporary required for excavations)		$75
Temporary signs, not to exceed 30 days with the consent and approval of mayor and council		$75
Permanent signs		$150 per sign
Storage containers/pods		See § 250-25E; $75
Charity clothing bins		See § 250-179-13C(2); $75
Nonresidential change of occupancy certificates, when requested		$250
Zoning analysis/confirmation letter, per request		$150
Review of any re-submission		$75

Any item, feature or function not specifically listed and/or described above shall include a permit fee determined by the Zoning Official to match, as closely as possible, a similar type of use and/or based on the extent and nature of the complexity of the matter being reviewed.

§ 250-30.2 Airport safety and zoning.

[Added 3-18-2021 by Ord. No. 21-4]

Purpose. The purpose of this section is to amend the zoning ordinances of the Borough of Florham Park to comply with the Air Safety and Zoning Act of 1983, N.J.S.A. 6:1-80 et seq., and the rules established in N.J.A.C. 16:62.

Adoption of standards.

(1)

Pursuant to the directive of N.J.A.C. 16:62-2.1(a), the Borough Council hereby adopts the minimum obstruction and land use standards promulgated by the Department of Transportation in Chapter 62, known as "Air Safety and Hazardous Zoning," of Title 16 of the New Jersey Administrative Code, including all subsequent revisions and amendments thereto. This chapter of the Administrative Code is hereby adopted by reference as the "Air Safety and Zoning Ordinance" for the Borough of Florham Park. All obstruction and land use standards delineated under Chapter 62 of Title 16 of the New Jersey Administrative Code shall, by reference, set forth the minimum standards applicable within the Borough of Florham Park. Land uses specifically prohibited within an airport safety zone are the following:

(a)

Residential (dwelling units) not situated on a lot of at least three acres in size;

(b)

Planned unit developments and multifamily dwellings;

(c)

Hospitals;

(d)

Schools;

(e)

Aboveground bulk tank storage of compressed flammable or compressed toxic gases and liquids;

(f)

Within the runway end subzones only, the aboveground bulk tank storage of flammable or toxic gases and liquids;

(g)

Uses that may attract massing birds, including landfills;

(h)

Abovegrade major utility transmission lines and/or mains.

(2)

These standards are hereby incorporated into and made a part of the Master Plan of the Borough.

Granting of variance. No variance or other relief from the standards promulgated by this section shall be granted by the Borough to itself or to any person, except upon the condition that the variance or relief is contingent upon the issuance of a permit allowing the variance or relief by the Commissioner of the Department of Transportation. Application for a variance shall be made to the Florham Park Planning Board or Zoning Board of Adjustment in accordance with its regulations and procedures.

Regulations on file. A copy of Chapter 62, known as "Air Safety and Hazardous Zoning," of Title 16 of the New Jersey Administrative Code, may be reviewed at the Florham Park Borough Clerk's office during its regular business hours.

Municipality's notice to owners. Pursuant to the requirements of N.J.S.A. 6:1-85.1, the Borough of Florham Park shall notify, in writing, each owner of record of property located within an airport safety zone of the boundaries of the airport safety zone. A duly authenticated copy of this notification shall be filed with the County Recording Officer in the same manner as a deed or other instrument of conveyance. Failure to give such notice shall give rise to no cause of action against the state, Morris County, or the Borough of Florham Park.

Metes and bounds description. A metes and bounds description of the airport safety zones shall be incorporated into the Borough's maps which are used for tax purposes.

Notice by seller to prospective buyers. Pursuant to N.J.S.A. 6:1-85.2, any person who sells or transfers property in the airport safety zone and appearing on a municipal map used for tax purposes shall provide notice to a prospective buyer that the property is located in an airport safety zone, prior to the signing of a contract of sale. Failure to provide such notice may result in the suspension or revocation of the person's license to engage in real estate sales or other appropriate disciplinary action by the New Jersey Real Estate Commission, in the case of a person subject to the jurisdiction of the Commission as provided by N.J.S.A. 6:1-85.2.

§ 250-30.3 Supplementary design standards.

[Added 11-14-2022 by Ord. No. 22-16]

Exposed foundation.

(1)

An exposed foundation shall not exceed 48 inches a for any visible building elevation abutting a public or private road.

(2)

An exposed foundation 24 inches or above shall be subject to landscaping requirements as follows:

(a)

The color of the exposed foundation shall complement the primary color of the building materials.

(b)

Vegetative screening and/or landscaping shall be provided along the length of the exposed foundation to minimize visual impact and shall be a minimum of 24 inches in height.

Solar panels.

(1)

Solar panels shall be permitted for rooftop installation in any zone.

(2)

Solar panels may be ground-mounted only on a lot with a minimum lot size of three acres and a buffer of 200 feet is required between any ground-mounted solar panels and the lot's property line. Ground-mounted solar panels may not be located in the front yard of any zone. Ground-mounted solar panels shall count towards improved lot coverage.

(3)

Ground-mounted solar arrays are not permitted in any residential zones.

(4)

Solar carports shall be permitted in the C Zones and POD Zones as an accessory use pursuant to the following requirements.

(a)

Solar carports shall not be in excess of 15 feet in height.

(b)

Solar carport coverage shall be included in the improved lot coverage and shall not exceed the allowable total improved lot coverage within the zone.

(c)

Solar carport coverage shall be included in the allowable improved lot coverage and shall not exceed the allowable improved lot coverage within the zone.

(d)

Solar carports shall be subject to site plan approval.

§ 250-30.4 Electric vehicle supply/service equipment.

[Added 11-14-2022 by Ord. No. 22-16]

Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and make-ready parking spaces through municipal parking regulations and other standards. EVSE and make-ready parking spaces will support the state's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and stormwater runoff contaminants. The goals are to:

(1)

Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public.

(2)

Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.

(3)

Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.

(4)

Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.

Definitions. As used in this section, the following terms shall have the meanings indicated:

CERTIFICATE OF OCCUPANCY

The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), and regulations adopted pursuant thereto.

CHARGING LEVEL

The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:

(1)

Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt AC circuit.

(2)

Level 2 operates on a forty- to 100-amp breaker on a 208- or 240-volt AC circuit.

(3)

Direct-current fast charger (DCFC) operates on a sixty-amp or higher breaker on a 480-volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial-grade electrical outlets that allow for faster recharging of electric vehicles.

ELECTRIC VEHICLE

Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.

ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT (EVSE)

The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."

MAKE-READY PARKING SPACE

The pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. Make Ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment on a "plug and play" basis. "Make-Ready" is synonymous with the term "charger ready," as used in P.L. 2019, c.362 (C.48:25-1 et al.).

PRIVATE EVSE

EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).

PUBLICLY-ACCESSIBLE EVSE

EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).

Approvals and permits.

(1)

An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.

(2)

EVSE and make-ready parking spaces installed pursuant to Subsection D below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection C(1) above.

(3)

All EVSE and make-ready parking spaces shall be subject to applicable local and/or state permit and inspection requirements.

(4)

The Zoning Officer shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of the Borough of Florham Park's land use regulations.

(5)

An application for development for the installation of EVSE or make-ready parking spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other Land Use Board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq., or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the Zoning Officer, provided the application meets the following requirements:

(a)

The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;

(b)

All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and

(c)

The proposed installation complies with the construction codes adopted in or promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.

(6)

An application pursuant to Subsection C(5) above shall be deemed complete if:

(a)

The application, including the permit fee and all necessary documentation, is determined to be complete;

(b)

A notice of incompleteness is not provided within 20 days after the filing of the application; or

(c)

A one-time written correction notice is not issued by the Zoning Officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.

(7)

EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or state inspection requirements.

(8)

A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.

Requirements for new installation of EVSE and make-ready parking spaces.

(1)

Multiple dwellings.

(a)

As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:

[1]

Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least 1/3 of the 15% of make-ready parking spaces;

[2]

Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of make-ready parking spaces; and

[3]

Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of make-ready parking spaces.

(b)

Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the EVSE shall be accessible for people with disabilities.

(c)

Nothing in this subsection shall be construed to restrict the ability to install EVSE or make-ready parking spaces at a faster or more expansive rate than as required above.

(2)

Parking lots and garages.

(a)

As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection D(1) above shall:

[1]

Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.

[2]

Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.

[3]

Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.

[4]

Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.

[5]

Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.

(b)

In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.

(c)

Nothing in this subsection shall be construed to restrict the ability to install EVSE or make-ready parking spaces at a faster or more expansive rate than as required above.

(d)

Notwithstanding the provisions of this section, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.

Minimum parking requirements.

(1)

All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § 250-105.

(2)

A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.

(3)

All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.

(4)

Additional installation of EVSE and make-ready parking spaces above what is required in Subsection D above is encouraged, but shall not be required in development projects.

Reasonable standards for all new EVSE and make-ready parking spaces.

(1)

Location and layout of EVSE and make-ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.

(2)

Installation.

(a)

Installation of EVSE and make-ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.

(b)

Each EVSE or make-ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.

(c)

To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and make-ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

(d)

Each EVSE or make-ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

(3)

EVSE parking.

(a)

Publicly accessible EVSE shall be reserved for parking while charging electric vehicles only. Electric vehicles shall be connected to the EVSE. Time limits may be established at individual EVSEs and penalties may be imposed for remaining beyond time limits.

(b)

Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.

(c)

Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Code. Signage indicating the penalties for violations shall comply with Subsection F(5) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.

(d)

Private parking. The use of EVSE shall be monitored by the property owner or designee.

(4)

Safety.

(a)

Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection F(5) below.

(b)

Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with Borough of Florham Park's ordinances and regulations.

(c)

Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Nonmountable curbing may be used in lieu of bollards if the EVSE is set back a minimum of 24 inches from the face of the curb. Any standalone EVSE bollards should be three feet to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.

(d)

EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted and shall contain a cord management system as described in Subsection F(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.

(e)

Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.

(f)

Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

(g)

Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the Borough of Florham Park shall require the owners/designees of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.

(5)

Signs.

(a)

Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.

(b)

All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.

(c)

Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection F(5)(b) above.

(d)

In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:

[1]

Hours of operation and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;

[2]

Usage fees and parking fees, if applicable; and

[3]

Contact information (telephone number) for reporting when the equipment is not operating or other problems.

(e)

Prohibited signage.

[1]

Any EVSE signage shall be limited to the above provisions.

[2]

Digital advertising signage or screens providing advertising signage located on EVSE shall be prohibited.

(6)

Usage fees.

(a)

For publicly accessible municipal EVSE. In addition to any parking fees, the fee to use parking spaces within the municipality identified as EVSE spaces shall be subject to approval by the Council, and may be amended, for each hour that the electric vehicle is connected to the EVSE.

(b)

This fee may be amended by a resolution adopted by the Borough of Florham Park.

(c)

Private EVSE. Nothing in this section shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable state and federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.