reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Chapter 31C - FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Subchapter 3 - LAND USE › Section 19:31C-3.1 - Applicability and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Fort
				  Monmouth Economic Revitalization Authority is promulgating these rules pursuant
				  to authorization under the Fort Monmouth Economic Revitalization Authority Act,
				  P.L.
				  2010, c. 51 et seq.
				  (N.J.S.A.
				  52:27I-18 et seq.). The rules, comprising the
				  land use regulations and development and design guidelines, shall govern all
				  future development and redevelopment within the Fort Monmouth Project Area,
				  that is, the area encompassed by the metes and bounds of Fort Monmouth (see
				  Figure 1, Aerial Photograph of Fort Monmouth, below), and shall apply to the
				  construction and uses of all buildings and structures and to the uses of land
				  therein (see Figures 2a and 2b, Existing Fort Buildings and Streets, below).
1.
											N.J.A.C.
				  19:31C-3.3 through 3.13 include both
				  traditional zoning standards (for example, use, bulk, density, floor area
				  ratio, height, setbacks, lot coverage, signage, and related requirements), as
				  well as site plan and subdivision standards (for example, design of streets,
				  sidewalks and parking areas, walls and fences, utilities, lighting, etc.). Due
				  to their historic significance, certain existing Fort Monmouth buildings are
				  required to be preserved through adaptive reuse, with varying degrees of
				  flexibility as to how each building may be reused.
2.
											N.J.A.C.
				  19:31C-3.1 4 through 3.18 include a series of
				  development and design guidelines encompassing circulation, parking design,
				  open space and landscaping, building placement, building design, and
				  sustainability. Such guidelines are intended to foster development that is
				  consistent with the overall vision spelled out in the Fort Monmouth Reuse and
				  Redevelopment Plan (Reuse Plan), and also blend with the fabric of the host
				  municipalities while also respecting existing neighborhood character. In order
				  to promote flexibility, the guidelines contained in these sections are not
				  deemed mandatory, but rather are intended to reflect the preferred form of
				  development and design.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Chapter 31C - FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Subchapter 3 - LAND USE › Section 19:31C-3.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the
				  construction of this subchapter, the following shall apply, except where the
				  context clearly requires otherwise:
1. Words
				  used in the present tense shall include the future, and words and terms, when
				  used in the future tense, shall include the present;
2. Words in the singular number shall include
				  the plural number, and words in the plural number shall include the singular
				  number;
3. The phrase "used for"
				  shall include the phrases "employed for," "utilized for," "arranged for,"
				  "designed for," "intended for," "maintained for," and "occupied for";
4. The word "shall" is mandatory;
5. The words "may" or "should" are
				  permissive;
6. The word "person"
				  includes individuals, firms, corporations, associations, trusts, governmental
				  bodies and agencies, and all other legal entities;
7. The masculine gender shall include the
				  feminine and neuter;
8. Any word or
				  phrase that is not defined in this section, or elsewhere in this subchapter,
				  shall have the meaning as defined in the most recent edition of
				  Merriam-Webster's Collegiate Dictionary;
9. In their interpretation and application,
				  the provisions of this subchapter shall be held to be the minimum requirements
				  for the promotion of the public health, safety, morals, and welfare;
				  and
10. Where the conditions or
				  requirements imposed by any provisions of this subchapter upon the use of land
				  or structures are either more restrictive or less restrictive than comparable
				  conditions or regulations imposed by any other provisions of this subchapter,
				  the conditions or requirements which are more restrictive shall
				  govern.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Chapter 31C - FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Subchapter 3 - LAND USE › Section 19:31C-3.3 - Development districts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Fort
				  Monmouth Project Area is divided into a series of development districts as
				  depicted on the official zoning map (see Figures 3a and 3b, Official Zoning
				  Map, below). The current version of the official zoning map with notations is
				  available at the offices of the Authority. There shall be three types of
				  development districts at Fort Monmouth: neighborhoods, centers, and campuses.
				  Each of the three boroughs includes one of each of the three types of
				  districts:
1. Neighborhood districts are
				  residentially-focused, with the smallest block sizes as may be appropriate for
				  low- and medium-density residential development. Where allowable,
				  non-residential development within neighborhood districts is intended as a
				  complementary use;
2. Center
				  districts consist of a highly connected network of blocks. Buildings are
				  intended to be placed close to the street to create an intimate, comfortable
				  walking environment and formal open spaces are intended to serve as central
				  gathering spaces. The widest variety of land uses is permitted in center
				  districts, including residential and mixed-use development; and
3. Campus districts are characterized by
				  large block sizes, low lot coverage limits, and a focus on office/research
				  facilities, hotels, and institutional uses.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Chapter 31C - FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Subchapter 3 - LAND USE › Section 19:31C-3.4 - Allowable land uses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  following concern land uses by municipality and development district:
1. Permitted principal uses shall be those
				  specified below in Table 1, Permitted Principal Land Uses by Municipality and
				  Development District:
i. Residential:
(1) Low density: Single-family detached,
				  duplex (stacked vertically or side by side, in a detached structure), and
				  townhouses (only one unit vertically, in attached structures providing up to
				  eight units per structure). Each low-density unit shall have its own private
				  entrance at the first level;
(2)
				  Medium density: Stacked flats (two to three units stacked vertically, in
				  attached structures providing up to eight horizontal stacks per structure,
				  total of 16 to 24 units per structure). Up to three stacked flat units may
				  share one entrance at the first level. Apartment buildings with four or more
				  units/building and with at least four units sharing each ground-level entrance;
				  and
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Chapter 31C - FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Subchapter 3 - LAND USE › Section 19:31C-3.5 - Yield, density, and bulk

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Maximum
				  reuse yield: - Table 4, Maximum Reuse Yield by Municipality, Development
				  District, and Land Use, below shows the maximum yield permitted for certain
				  existing Fort Monmouth buildings that are required to be adaptively reused per
				  the Programmatic Agreement pursuant to
				  N.J.A.C.
				  19:31C-3.4(b).
(b) The following concern maximum yield:
1. Residential development shall not exceed
				  the total number of units listed in Table 5, Maximum Residential Yield by
				  Municipality, District, and Use Type.
2. Residential (maximum number of dwelling
				  units per acre): No application for residential development shall exceed the
				  allowable densities provided below in relation to the total tract area for such
				  development:
i. Low-density residential: Shall
				  not exceed six units per acre;
ii.
				  Medium-density residential: Shall not exceed 12 units per acre; and
iii. Residential in mixed-use buildings:
				  Shall not exceed eight units per acre.
3. Non-residential (maximum floor area
				  ratio): The maximum allowable FAR for non-residential development by
				  development district is provided below. As with the calculation of residential
				  density, the computation of FAR for a development application shall be in
				  relation to the total tract area for such development:
i. Center districts: Shall not exceed FAR of
				  .25;
ii. Neighborhood districts:
				  Shall not exceed FAR of .20; and
iii. Campus districts: Shall not exceed FAR
				  of .30.
Table 4. Maximum Reuse Yield by Municipality, Development
					 District, and Land Use
Data in
					 image
1 "Russel/Allen Ave Housing" and "Gosslin Housing" in
					 Oceanport Main Post. Russel/Allen Ave Housing includes Buildings 211-216, 233,
					 218-230, 302, 305, 309, 314, 319. Gosslin Housing includes Buildings 234-256,
					 258.
2 "Russell/Carty Avenue Apts" and "Gardner Hall
					 Residential" in Oceanport Main Post.
Table 5. Maximum Residential Yield by Municipality,
					 Development District, and Use Type*
Data in
					 image
*Includes new and reused residential units.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Chapter 31C - FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Subchapter 3 - LAND USE › Section 19:31C-3.6 - Reuse Plan amendments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Amendment
				  No. 1 to the Reuse Plan is hereby incorporated into this subchapter as an
				  overlay district, whereby an additional set of requirements are superimposed on
				  the development districts in Tinton Falls, allowing for the alternative
				  development scenario shown below in Figure 5, Alternative Development Scenario
				  in the Tinton Falls Reuse Area, to be realized.
1. Parcel E: Parcel E is the subject of a
				  Redevelopment Plan for a Portion of Block 101, Lot 1 that was adopted by the
				  Borough of Tinton Falls Council on May 15, 2012. If the alternative development
				  scenario described in Amendment No. 1 is pursued, the land use requirements and
				  design standards for Parcel E contained in the redevelopment plan shall apply
				  pursuant to
				  N.J.A.C.
				  19:31C-3.2 5(b)12; and
2. The following apply to the remainder of
				  the Tinton Falls Reuse Area:
i. Allowable
				  land uses: If development under Amendment No. 1 is pursued, the allowable
				  principal and accessory land uses by development district in the Borough of
				  Tinton Falls shall be as shown below in Tables 6a and 6b, Allowable Principal
				  Land Uses by Development District, Amendment No. 1, and Permitted Accessory
				  Land Uses by Development District, Amendment No. 1, respectively; and
Table 6a. Allowable Principal Land Uses by Development
					 District, Amendment No. 1
Data in
					 image
Table 6b. Permitted Accessory Land Uses by
							 Development District, Amendment No. 1
Data in
					 image
ii. If
				  development under Amendment No. 1 is pursued, maximum new residential yield by
				  development district and use type in the Borough of Tinton Falls shall be as
				  shown below in Table 7, Maximum Residential Yield by, Development District and
				  Use Type, Amendment No. 1.
Table 7. Maximum Residential Yield by Development
						  District and Use Type, Amendment No. 1
Data in
					 image
Data in
					 image
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Chapter 31C - FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Subchapter 3 - LAND USE › Section 19:31C-3.8 - Supplemental standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Childcare
				  centers: Childcare centers are permitted uses as part of all non-residential or
				  mixed-use development and shall be licensed by the New Jersey Department of
				  Human Services. The floor area occupied in any building or structure as a child
				  care center shall be excluded in calculating any parking requirement otherwise
				  applicable to that number of units or amount of floor space, as appropriate,
				  under State or local laws or regulations adopted thereunder; and the permitted
				  density allowable for that building or structure. New buildings shall comply
				  with parking standards contained at
				  19:31C-3.7.
1. Minimum drop-off area: An on-site area
				  shall be provided separate from the parking spaces for temporary parking so
				  students leaving vehicles have access to a sidewalk leading into the school
				  without the child having to cross a street, parking lot, loading area, driveway
				  or aisle.
2. Minimum recreation
				  area: All outdoor recreation areas shall be fenced and no closer to any lot
				  line than 20 feet. All recreation areas shall be screened from adjoining lots
				  by massed evergreens spaced so as to provide a dense visual screen to buffer
				  the center's activities from adjacent development. The amount of outdoor
				  recreation area shall be based on the requirements of the New Jersey Department
				  of Human Services.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Chapter 31C - FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Subchapter 3 - LAND USE › Section 19:31C-3.9 - Signage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				  provisions concerning signage are as follows:
1. Signs permitted for all uses: Signs
				  permitted for all uses shall include signs containing street number
				  designations, postal boxes, historical markers, and advisory signs, such as,
				  but not limited to, "private property," "no soliciting," and "no trespassing,"
				  provided that no such sign exceeds two square feet in size. In addition, any
				  public notice or warning required by a valid and applicable Federal, State,
				  county, or local law, regulation, or ordinance shall be permitted for all
				  uses.
2. Parking area signs:
				  Directional and traffic control signs in parking areas for the purpose of
				  directing patrons to entrances and exits shall be permitted signs. Each such
				  directional sign shall not exceed three square feet in size. The number and
				  location of such signs shall be approved by the respective host municipality
				  planning board.
3. Construction
				  area signs: Temporary signs directing vehicular and pedestrian traffic around
				  construction areas may be erected as needed on a construction site. Such signs
				  shall not exceed 15 square feet in area.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Chapter 31C - FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Subchapter 3 - LAND USE › Section 19:31C-3.10 - Site plan; subdivision standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless
				  otherwise established in this subchapter, the Residential Site Improvement
				  Standards (RSIS) shall be applicable in relation to residential development
				  within the project area.
(b) The
				  following concern new streets:
1. General
				  requirements are as follows:
i. All
				  developments shall be served by paved streets with an all-weather base and
				  pavement with an adequate crown. All new streets shall be constructed in
				  accordance with the standard specifications of the New Jersey Department of
				  Transportation. Pavement thicknesses shall be not less than the following:
(1) Arterial and collector streets:
				  bituminous stabilized base course, six inches compacted thickness;
(2) Fine aggregate bituminous concrete
				  (FABC), two-surface course, two inches compacted thickness; and
(3) Local streets: bituminous stabilized base
				  course, five inches compacted thickness; FABC, one-surface course, 11/2 inches
				  compacted thickness; and
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Chapter 31C - FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Subchapter 3 - LAND USE › Section 19:31C-3.11 - Performance standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				  applications: As a condition of approval and the continuance of any use,
				  occupancy of any structure, and operation of any process or equipment, an
				  applicant shall certify compliance with the performance standards contained in
				  this section. Permits and certificates required by other government agencies
				  shall be submitted with a development application as proof of compliance with
				  applicable codes.
(b) The following
				  concern regulation of nuisance elements:
1.
				  The determination of the existence of nuisance elements shall be made to the
				  following locations:
Nuisance
							 Characteristic
Location of Tests
Smoke
Vent or smokestack
Air pollution including solid particles or fly
							 ash
Vent or smokestack
Odors
Property line
Liquid waste
Property line
Solid waste
Property line
Noise
Property line
Vibration
Building wall
Glare
Property line
Trespass Lighting
Property line
Temperature change: Gas, Liquid or Solid
Vent
							 or smokestack
Storage
Tank or drum
2. Continued compliance with the performance
				  standards stated in this section shall be a requirement for the continued
				  occupancy of any structure or the operation of any process or
				  equipment.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Chapter 31C - FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Subchapter 3 - LAND USE › Section 19:31C-3.12 - Stormwater management and control

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The scope
				  and purpose of this section are as follows:
1. It is the purpose of this section to
				  establish minimum stormwater management requirements and controls for "major
				  development" as defined in (b) below. This section requires the retrofitting of
				  existing storm drain inlets that are in direct contact with repaving,
				  repairing, reconstruction, or resurfacing or alterations of facilities within
				  the Fort Monmouth Project Area, to prevent the discharge of solids and
				  floatables (such as plastic bottles, cans, food wrappers, and other litter) to
				  sewer system(s) so as to protect public health, safety, and welfare, and to
				  prescribe penalties for the failure to comply.
2. The applicability of this section is as
				  follows:
i. This section shall be applicable
				  to all site plans and subdivisions for the following major developments that
				  require preliminary or final site plan or subdivision review:
(1) Nonresidential major developments;
				  and
(2) Aspects of residential
				  major developments that are not addressed by the Residential Site Improvement
				  Standards at N.J.A.C. 5:21;
ii. This section shall also be applicable to
				  all major developments undertaken by one of the host municipalities;
				  and
iii. Subsections (b) and (d)
				  below shall also be applicable to property that is not owned or operated by the
				  host municipality, with the exception of single-family homes.
3. Development approvals issued
				  pursuant to this section are to be considered an integral part of development
				  approvals under the development permit, subdivision, and site plan review
				  process and do not relieve the applicant of the responsibility to secure
				  required permits or approvals for activities regulated by any other applicable
				  code, rule, act, or ordinance. In their interpretation and application, the
				  provisions of this section shall be held to be the minimum requirements for the
				  promotion of the public health, safety, and general welfare. This section is
				  not intended to interfere with, abrogate, or annul any other ordinances, rule
				  or regulation, statute, or other provision of law except that, where any
				  provision of this section imposes restrictions different from those imposed by
				  any other ordinance, rule or regulation, or other provision of law, the more
				  restrictive provisions or higher standards shall control.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Chapter 31C - FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Subchapter 3 - LAND USE › Section 19:31C-3.13 - Flood damage prevention

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The scope
				  and purpose of this section are as follows:
1. It is the purpose of this section to
				  promote the public health, safety, and general welfare, and to minimize public
				  and private losses due to flood conditions in specific areas by provisions
				  designed to:
i. Protect human life and
				  health;
ii. Minimize expenditure of
				  public money for costly flood control projects;
iii. Minimize the need for rescue and relief
				  efforts associated with flooding and generally undertaken at the expense of the
				  general public;
iv. Minimize
				  prolonged business interruptions;
v. Minimize damage to public facilities and
				  utilities such as water and gas mains, electric, telephone and sewer lines,
				  streets, and bridges located in areas of special flood hazard;
vi. Help maintain a stable tax base by
				  providing for the sound use and development of areas of special flood hazard so
				  as to minimize future flood blight areas;
vii. Ensure that potential buyers are
				  notified that property is in an area of special flood hazard; and
viii. Ensure that those who occupy the areas
				  of special flood hazard assume responsibility for their actions.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Chapter 31C - FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Subchapter 3 - LAND USE › Section 19:31C-3.14 - Circulation network

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  following concern gates and access points:
1.
				  Security gate dismantling: As the Fort Monmouth Project Area is redeveloped,
				  the removal of security gates and barricades should be considered to enhance
				  public access.
2. Additional street
				  connections to Fort Monmouth Project Area exterior: Figures 6a and 6b,
				  Circulation Elements, below show the desired new vehicular access points to the
				  Fort Monmouth Project Area. Most of these access points involve the extension
				  of dead-end roadways at the Fort Monmouth Project Area perimeter to connect to
				  adjacent streets.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Chapter 31C - FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Subchapter 3 - LAND USE › Section 19:31C-3.15 - Parking design

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On-street
				  parking: On-street parking spaces should be allocated towards the required
				  parking supply first, before the number of off-street parking spaces is
				  determined. On-street parking spaces may not be double-counted (that is,
				  allocated to more than one development).
(b) The following concern location of parking
				  spaces:
1. Any and all parking spaces (except
				  those provided on-street) should be located in parking structures or parking
				  lots located within the following distances of a pedestrian entrance of the
				  building containing uses that they serve:
i.
				  Residential uses: Minimum of one space per unit either within the building, or
				  within 500 feet. Additional spaces, or fraction thereof, within 1,000
				  feet.
ii. Retail uses: Within 750
				  feet.
iii. Hospitality,
				  office/research, and institutional/civic uses: At least half of the parking
				  supply within 750 feet. The remainder within 1,500 feet.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Chapter 31C - FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Subchapter 3 - LAND USE › Section 19:31C-3.16 - Open space network and landscaping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Figures 8a
				  and 8b, Open Space Network, below show the recommended open spaces and
				  suggested open spaces. The types of open spaces are:
1. Formal parks: Formal parks include various
				  greens and squares should create well-used "people places" for gathering,
				  people-watching, and relaxing. They should include a range of landscaping and
				  hardscape/paved areas, and should also be flanked by streets and buildings in
				  accordance with
				  N.J.A.C.
				  19:31C-3.1 7(a).
2. Active recreation: Active recreation areas
				  are intended for ball fields, hard surface courts, tracks, golf courses,
				  swimming pools, and other intensive recreational use.
3. Passive open space: Passive open space
				  constitutes the parade ground in Oceanport. Passive open spaces should remain
				  as open, minimally landscaped space, with little hardscape or paving.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Chapter 31C - FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Subchapter 3 - LAND USE › Section 19:31C-3.17 - Building placement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  following concern build-to lines:
1. Build-to
				  lines should be interpreted to proactively site buildings to frame important
				  streets or open spaces and should create a comfortable sense of enclosure like
				  that of an "outdoor room." Thus, a critical mass of building frontage should be
				  channeled to designated street frontages in order to frame the street (and
				  adjacent open space, in many locations). The locations where build-to lines are
				  recommended are shown in Figures 9a and 9b, Build-To Lines, below. Build-to
				  lines are defined in all development districts except Eatontown's
				  Golf/Conference Campus district. Where a recommended build-to line is shown:
i. A certain percentage of the street
				  frontage should be framed by buildings whose front facade is located within the
				  recommended minimum and maximum street-facing setback area as specified in
				  N.J.A.C.
				  19:31C-3.1 4(d) for each type of
				  street.
ii. All ground floor uses
				  within the contributing portion of building mass should be principal permitted
				  uses, with the exception of open space.
iii. Off-street parking areas should not
				  adjoin the street along recommended build-to lines.
iv. In certain areas, a minimum amount of
				  ground floor retail use along the recommended build-to line should be
				  considered.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Chapter 31C - FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Subchapter 3 - LAND USE › Section 19:31C-3.18 - Building design and sustainability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  following concern massing and articulation:
1. In center and neighborhood districts,
				  buildings should have a traditional, pedestrian-friendly massing, echoing forms
				  of the historic Fort Monmouth. Buildings in neighborhood districts should have
				  massing and articulation appropriate to a residential focus. In campus
				  districts, larger-scale massing may be employed, in keeping with the allowable
				  uses of office, institutional, and hospitality.
i. The following concern horizontal massing
				  of buildings:
(1) Along streets, facade planes
				  of buildings should appear as a series of distinct bays. Bays in center and
				  neighborhood districts should not exceed 60 feet in width. Bays in campus
				  districts should not exceed 100 feet in width. Bays may be defined through
				  elements such as columns, pilasters, gutters or expansion joints, changes in
				  facade plane, size and rhythm of window spacing, pattern of balconies, and/or
				  variation in surface material and pattern. Facade articulation should vary in
				  the design and dimensions of bays along one building facade; a monotonous
				  repetition of the same bay along a very wide facade is discouraged.
(2) Bay definition should extend through all
				  levels of the building(s), except where horizontal massing changes in the
				  facade plane are provided to break up the bulk of a building.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Chapter 31C - FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Subchapter 3 - LAND USE › Section 19:31C-3.20 - Site plan and subdivision applications; mandatory conceptual review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority shall be an interested party entitled to notice in connection with
				  all hearings of any local planning board relating to applications for
				  development of land within 200 feet of the boundary of the Fort Monmouth
				  Project Area.
(b) The following
				  concern applications for site plan and subdivision approval:
1. All non-exempt development or
				  redevelopment within the Fort Monmouth Project Area shall require site plan
				  and/or subdivision approval.
2.
				  Applications for subdivision approval and site plan approval in connection with
				  development within the Fort Monmouth Project Area shall be submitted to the
				  planning board of the host municipality in which the development parcel is
				  located, and where and to the extent required pursuant to the County Planning
				  Law, 40:27-1 et seq., to the County
				  planning board, for review and approval.
3. The Authority shall be an interested party
				  entitled to notice in connection with all local planning board hearings
				  relating to applications for development of land within the Fort Monmouth
				  Project Area.
4. An application for
				  development within the Fort Monmouth Project Area may not be deemed complete by
				  a planning board until the planning board has received the Authority's written
				  determination as to the results of its mandatory conceptual review pursuant to
				  (c) below.
5. It shall be a
				  condition of each final site plan or subdivision approval granted by the
				  planning boards that the developer shall have entered into a redevelopment
				  agreement with the Authority or EDA as designated redeveloper for the project
				  that is the subject of the application, unless the project is exempt from the
				  requirement of a redevelopment agreement pursuant to
				  19:31C-3.2 4(b).
6. Whenever a planning board shall make a
				  land use decision pursuant to this subsection, a copy of the approved plans and
				  of the memorializing resolution and all accompanying exhibits or reports
				  incorporated by reference in the resolution shall be provided to the Authority,
				  within not more than 10 working days following the adoption of the
				  memorializing resolution.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Chapter 31C - FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Subchapter 3 - LAND USE › Section 19:31C-3.21 - Variances and exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  following concern bulk and area-type variances:
1. In connection with subdivision and site
				  plan approval, the Planning Board shall have the authority to grant bulk and
				  area-type variances from the requirements contained in this subchapter or
				  applicable LRHL redevelopment plan, upon the satisfaction of either of the
				  following criteria:
i. By reason of the
				  exceptional narrowness, shallowness, or shape of the property; exceptional
				  topographic conditions or physical features uniquely affecting the property; or
				  an extraordinary and exceptional situation uniquely affecting the property or
				  structures lawfully existing thereon, strict application would result in
				  peculiar and exceptional practical difficulties to, or exceptional and undue
				  hardship upon, the developer; or
ii. A determination that the purposes of the
				  Reuse Plan and this subchapter would be advanced by a deviation from the bulk
				  and area requirements of this subchapter and the benefits of the deviation
				  would substantially outweigh any detriment.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Chapter 31C - FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Subchapter 3 - LAND USE › Section 19:31C-3.22 - Nonconforming uses, lots, and structures; temporary uses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  following concern nonconforming uses, lots, and structures:
1. The following apply to nonconforming uses:
i. Any nonconforming use of land or
				  structure, or portions thereof, may be continued if otherwise lawful, subject
				  to the provisions of this section.
ii. A nonconforming use shall not be
				  extended, expanded, or increased in intensity, or otherwise altered so as to
				  increase the degree of nonconformity.
iii. A nonconforming use shall not be changed
				  to any use other than a use permitted in the development district. When a
				  nonconforming use has been changed to any permitted use, it shall not
				  thereafter revert to a nonconforming use.
iv. No nonconforming use shall be moved in
				  whole or in part for any distance to any location on the same or any other lot,
				  unless such use conforms to the requirements of the development district in
				  which it is located after being so moved.
v. When a nonconforming use is discontinued
				  or abandoned for 12 continuous months, any subsequent use or occupancy of the
				  land or structure in which the nonconforming use was located shall comply with
				  the rules of the development district in which it is located.
vi. No use that is accessory to a principal
				  nonconforming use shall continue after such principal use has ceased or
				  terminated, unless otherwise permitted by the applicable rules.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Chapter 31C - FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Subchapter 3 - LAND USE › Section 19:31C-3.23 - Affordable housing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Development
				  within the Fort Monmouth Project Area shall ensure that affordable housing
				  units are constructed and comply with applicable provisions of the Fair Housing
				  Act of 1985 and implementing rules and guidelines. As used in this section,
				  "low or moderate income" shall have the meaning in the Fair Housing Act of
				  1985, 52:27D-301 et seq., and
				  implementing rules and guidelines.
(b) For developments consisting of
				  newly-constructed residential units located, or to be located, within the Fort
				  Monmouth Project Area, at least 20 percent of the residential units constructed
				  shall be required to be reserved for occupancy by low or moderate income
				  households, to the extent this is economically feasible.
(c) A developer of a project consisting of
				  newly-constructed residential units within the Fort Monmouth Project Area being
				  financed in whole or in part with State funds, including, but not limited to,
				  transit villages designated by the Department of Transportation and units
				  constructed on State-owned property, shall be required to reserve at least 20
				  percent of the residential units constructed for occupancy by low or moderate
				  income households.
(d) Affordable
				  housing units constructed within the Fort Monmouth Project Area in accordance
				  with COAH rules and guidelines and this subchapter may be utilized by the host
				  municipality where such units are located toward fulfilling its COAH obligation
				  (if such obligation specifically includes the host municipality's obligation
				  attributable to development within the boundaries of the Fort Monmouth Project
				  Area).
(e) The Authority shall
				  identify and coordinate regional affordable housing opportunities in
				  cooperation with the host municipalities in areas with convenient access to
				  infrastructure, employment opportunities, and public transportation.
				  Coordination of affordable housing opportunities may include methods to
				  regionally provide housing in line with regional concerns, such as transit
				  needs or opportunities, environmental concerns, or such other factors as COAH
				  may permit; provided, however, that such provision by the Authority may not
				  result in more than a 50 percent change in the fair share obligation of any
				  municipality.
(f) Notwithstanding
				  any other law or provision of this subchapter to the contrary, no development
				  fees assessed within the Fort Monmouth Transportation Planning District (as
				  defined in the Fort Monmouth Economic Revitalization Authority Act) shall be
				  assessed for any low and moderate income housing units which are constructed
				  within the Fort Monmouth Project Area pursuant to this subchapter.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Chapter 31C - FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Subchapter 3 - LAND USE › Section 19:31C-3.24 - Redevelopment agreements; designated redevelopment agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  following concern redevelopment agreements required:
1. Except as otherwise specifically provided
				  to the contrary in this subchapter, all redevelopment within the Fort Monmouth
				  Project Area shall be implemented pursuant to a redevelopment agreement or the
				  designated redevelopment agreement. The Authority or EDA as designated
				  redeveloper shall be a party to, and empowered to enforce, all redevelopment
				  agreements concerning property or projects within the Fort Monmouth Project
				  Area. Without limiting the generality of the foregoing sentence, where the
				  Authority has consented to the designation of an area in need of redevelopment
				  or rehabilitation and to the adoption of a redevelopment plan by a host
				  municipality pursuant to the LRHL, the Authority or EDA as designated
				  redeveloper shall be a necessary party to, and empowered to enforce, any
				  redevelopment agreement entered into between the host municipality and the
				  redeveloper.
2. It shall be a
				  condition of each final site plan or final subdivision approval granted by the
				  planning boards that the applicant shall enter into a redevelopment agreement
				  with the Authority or EDA as designated redeveloper for the project that is the
				  subject of the application, unless the project is exempt from the requirement
				  of a redevelopment agreement pursuant to (b) below.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Chapter 31C - FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Subchapter 3 - LAND USE › Section 19:31C-3.28 - Fee schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General
				  provisions are as follows:
1. This fee
				  schedule shall apply to all applications submitted to the Authority pursuant to
				  this subchapter, unless waived.
2.
				  Any application fee, or portion thereof, provided for in this section, may be
				  waived by the Director of the Authority upon good cause shown, including, but
				  not limited to, financial hardship, size and scope of the application and/or
				  business entity, and general economic conditions in the regions. Applications
				  submitted by a host municipality or the County are exempt from the payment of
				  fees.
3. Application fees are
				  nonrefundable, except that a full refund of fees may be made by the Director of
				  the Authority provided that a written request to withdraw the application is
				  received before the close of the second working day after receipt of the
				  same.
4. Escrow deposits shall be
				  utilized by the Authority to defray costs for professional fees incurred by or
				  on behalf of the Authority in reviewing and considering an application. The
				  Authority shall be entitled to be reimbursed for all professional charges
				  incurred by the Authority in connection with the consideration of the
				  applications for which an escrow deposit is required. Properly reimbursable
				  professional charges shall be reasonable and necessary and shall relate to
				  reviews and related activities performed by the Authority's consultants and
				  professionals. Additions to the escrow deposit may subsequently become
				  necessary to cover all reimbursable costs and expenses incurred by the
				  Authority pursuant to the terms of this subchapter.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31D - ECONOMIC REDEVELOPMENT AND GROWTH PROGRAM › Subchapter 1 - ECONOMIC REDEVELOPMENT AND GROWTH PROGRAM › Section 19:31D-1.1 - Applicability and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The EDA and the
				  State Treasurer may enter into a redevelopment incentive grant agreement with a
				  developer, or non-profit organization on behalf of a qualified developer, for
				  any qualifying redevelopment project located in an economic redevelopment and
				  growth grant incentive area, except an area that qualifies solely by virtue of
				  being a transit village. Up to an average of 75 percent of the incremental
				  increase in approved State revenues or 85 percent of the project annual
				  incremental revenues in a Garden State Growth Zone that are directly realized
				  from businesses operating on the redevelopment project premises may be paid to
				  the developer in the form of a grant derived from the realized revenues. For
				  certain qualified residential projects, mixed use parking projects or projects
				  involving university infrastructure, where the estimated amount of incremental
				  revenues is inadequate to fully fund the amount of the State portion of the
				  incentive grant, tax credits equal to the full amount of the incentive grant
				  may be awarded. The term of each approved State redevelopment incentive grant
				  agreement may extend for up to 20 years. Except for a redevelopment incentive
				  grant agreement with a municipal redeveloper, the base amount of the combined
				  reimbursements from State and local grants or tax credits cannot exceed 20
				  percent of the eligible cost of the project, except in a Garden State Growth
				  Zone, which cannot exceed 30 percent and except for the parking component of a
				  mixed use parking project, which can be up to 100 percent. A developer seeking
				  an incentive grant is required to make an equity participation for at least 20
				  percent of the project's eligible cost.
(b) The Authority will conduct a fiscal
				  analysis to determine redevelopment project costs, evaluate and validate the
				  project financing gap estimated by the developer and conduct a State fiscal
				  impact analysis to ensure that the overall public assistance provided to the
				  project will result in net positive economic benefit to the State where each
				  proposed project is located. The State Treasurer will approve or disapprove
				  such analysis.
(c) In order to
				  ensure compliance with the "Appropriations clause" of the New Jersey State
				  Constitution (N.J. Const. Art. VIII, Sect. II, para.2), this subchapter
				  provides that payments under State incentive grant agreements are subject to
				  annual appropriations and availability of funds.
(d) Upon notice to and consent by the EDA and
				  the State Treasurer, a developer's right, title, and interest in, a
				  redevelopment incentive grant agreement may be pledged, assigned, or sold by a
				  developer.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31D - ECONOMIC REDEVELOPMENT AND GROWTH PROGRAM › Subchapter 1 - ECONOMIC REDEVELOPMENT AND GROWTH PROGRAM › Section 19:31D-1.3 - Eligibility criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to be
				  eligible for a State or local incentive grant the following must apply:
1. The redevelopment project must be located
				  in a qualifying economic redevelopment and growth grant incentive area,
				  provided, however, that a State incentive grant shall not be given for a
				  project in an incentive area that qualifies as such solely by virtue of being a
				  transit village;
2. The developer
				  must not have commenced any construction at the site of a proposed
				  redevelopment project prior to submitting an application, except as set forth
				  at (a)2i or ii below. For purposes of this paragraph, construction shall have
				  commenced if the project has received site plan approval and started site
				  preparation or utility installation.
i. In the
				  event construction has commenced on a proposed redevelopment project, the
				  project may be eligible if the Authority, at its sole discretion, determines
				  that the project would not be completed otherwise; or
ii. In the event the project is to be
				  undertaken in phases, a developer may apply for phases for which construction
				  has not yet commenced, subject to
				  N.J.A.C.
				  19:31-4.6(a)2;
3. For any State incentive grant project
				  consisting of newly-constructed residential units, the developer shall be
				  required, pursuant to
				  P.L.
				  2008, c. 46
				  (N.J.S.A.
				  52:27D-329.9), to reserve at least 20 percent
				  of the residential units constructed for occupancy by low or moderate income
				  households, as those terms are defined in section 4 at P.L. 1985, c. 222
				  (N.J.S.A.
				  52:27D-304), with affordability controls as
				  required under the rules of the Council on Affordable Housing, unless the
				  municipality in which the property is located has received substantive
				  certification from the council and such a reservation is not required under the
				  approved affordable housing plan, or the municipality has been given a judgment
				  of repose or a judgment of compliance by the court, and such a reservation is
				  not required under the approved affordable housing plan;
4. A project financing gap exists;
				  and
5. For a State incentive grant,
				  except for a qualified residential project, a mixed use parking project, or a
				  project involving university infrastructure, pursuant to a fiscal impact
				  analysis, the overall public assistance provided to the project will result in
				  net benefits to the State.