Except as previously or hereinafter provided, no person shall locate, relocate, erect, construct, reconstruct, enlarge, or structurally alter any building or structure or use of land or building for any purpose except in conformance with the regulations of the district in which such building or structure is located.

Nothing in this chapter shall require any change in plans, construction, size or designated use of any building, structure, or part thereof, for which any construction permit has been granted before the enactment of this chapter, provided that construction from such plan shall have been started within 60 days after enactment of this chapter and shall be diligently pursued to completion.

a. Within any residential district or any professional office district, no buildings shall be constructed or altered so as to be inharmonious with the residential character of the area. The following types of construction shall be considered not to be residential in character:

1. store front types of construction.

2. Garage doors larger than needed for passenger automobiles and commercial vehicles of two tons gross weight.

3. Concrete block or cinder block wall surfaces.

b. Exterior premises. The storage or display of merchandise on the exterior premises of any building or on any public street or sidewalk shall be prohibited, except as otherwise specifically permitted and regulated in this chapter. This paragraph shall not be construed to prohibit the maintenance of garden shops, restaurant terraces and similar areas maintained in connection with a department store or other business establishment, provided such areas are enclosed by a wall, trellis or screen planting at least four feet in height.

a. Prohibited emissions. No smoke, fumes, or objectionable odors shall be emitted from any building in any zone, nor shall any accumulation of trash, garbage, offal, junk or the like be permitted.

b. Prohibited noise making. No store, shop or office in any building shall use any noise making instruments such as phonographs, loud speakers, amplifiers, radios, television or similar devices so situated as to be heard outside the building; provided however that nothing herein shall be deemed to prohibit playing of Christmas music in commercial districts during the month of December in connection with Christmas displays and decorations sponsored by the town or any civic or business group and approved by the council.

c. Preserve environmentally sensitive lands. No building or structure shall be permitted to be developed on those lands deemed to be environmentally sensitive (e.g., naturally occurring steep slopes, wetlands and flood plains). Precise determination of the extent of such environmental lands may be provided by the applicant subject to verification by the town engineer.

d. Site design reflects sensitive areas. Actual development intensity of a lot shall be subject to an approved site plan respecting zoning intensity criteria and site design standards contained in the town site plan and/or subdivision chapter.

e. Environmental assessment. The planning board, prior to approving any development application for a lot containing environmentally sensitive lands, may require an environmental assessment which shall include sufficient information to assess the proposed development's impact on these sensitive lands.

Site plans for permitted and conditional uses of all property involving construction, conversion or reconstruction of any buildings, or modification of any property or change in its use which alters the amount and location of parking, lighting, storm sewers, water lines, sanitary sewers, or other utilities; fences, curbing, landscaping or existing grade for any property, in other than a residential zone used for other than detached single family residential purposes, except those exceptions permitted by the Town of Newton's site plan ordinance, shall be reviewed and approved by the planning board prior to the issuance of a building permit. In considering any site plan hereunder, the planning board shall be governed by such design standards and objectives as may be specifically set forth in this chapter, as well as those contained in the site plan ordinance.

a. An accessory building attached to the main building shall comply in all respects with the requirements of this chapter applicable to the main building.

b. Height/coverage limits. Accessory buildings in residential districts shall not exceed one story or 15 feet in height, and shall not be located in any required front yard, and may not occupy more than 30 percent of a required rear yard.

c. Building separation. In residential districts, the minimum distance of any accessory building from an adjacent building shall be five feet. An accessory building may be permitted to straddle a side or rear lot line for service to two residences by common consent as contained in a recorded legal instrument between adjoining property owners.

d. Yard requirements. Accessory buildings in residential districts may be erected as part of a principal building, provided that all yard requirements of this chapter for the principal building are complied with. Accessory buildings in non-residential districts shall comply with all yard requirements of the zoning district in which they are located unless otherwise regulated by additional standards of the district.

a. Number of buildings restricted. There shall be not more than one (1) principal structure on each lot in any residential district, except as may be allowed in the R-TH district for townhouses, the R-4 district for townhouses, garden apartments, planned residential developments, or special development districts.

b. Corner lots. Front yards shall be measured to the street line including both streets on a corner lot.

c. Projections into yards. Porches, balconies, breezeways, and terraces shall not be considered part of a principal structure and may project into required open spaces or yards, provided such projections do not intrude into required yard areas more than one-half the minimum yard requirement for the zone in which they are located.

d. Height exceptions. The height limitations of this chapter shall not apply to chimneys, church spires, standpipes, gables, cupolas, flag poles, monuments, television antenna or towers, cables, scenery lofts, or water tanks, elevator housings, and similar structures and necessary mechanical appurtenances for the zone in which the building is located; provided that no such exceptions shall cover at any level more than ten percent of the area of the roof on which it is located.

e. obstruction to vision at street intersections. In any district on any corner lot, no fence, sign or structure, planting, or other obstruction to vision higher than three feet above the existing street grade at center line shall be erected or maintained within a triangle formed by the point of street intersection and points on each of the intersecting lines 25 feet from the intersection.

f. Exceptions to yard requirements. Recognizing that there are trends in home planning and lot arrangement to secure the full benefit of sunlight, prevailing winds and other amenities which may necessitate variation of front, side, and rear yard requirements of this chapter, such variation may be permitted in the case of isolated homes, groups of homes or neighborhood layouts, provided that the site plans thereof are first reviewed by the planning board, and further provided that the planning board determines that the variation is as a result of environmental considerations and not solely for the purpose of creating an additional lot. Otherwise, all requires yard areas shall generally be rectangular in shape and extend the full width of the appropriate area, except for lots on cul-de-sacs.

g. Prohibited Layouts. No lot shall be so laid out that any portion thereof having street frontage projects in front of any portion of any other lot having frontage on the same street; nor shall flag lots be permitted.

The following buffer criteria shall apply to all nonresidential uses:

a. Location and requirement. Buffer strips shall consist of dense evergreen plantings and shall be planted as required along nonresidential side or rear property lines which are adjacent to residential zone lines or existing residential uses.

b. Minimum width/height. Buffer strips shall be at least ten feet in width and initially at least four feet in height.

a. Findings for planned developments. Prior to approval of any planned development, the planning board shall find, as required by R.S. 40:55D-45, the following facts and conclusions:

1. That departures by the proposed development from zoning regulations, otherwise applicable to the subject property, conform to the zoning standards applicable to planned developments.

2. That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space shall be adequate.

3. That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and that the amenities of light and air, recreation and visual enjoyment shall be adequate.

4. That the proposed planned development shall not have an unreasonable adverse impact upon the area in which it is proposed to be established.

5. In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development shall be adequate.

a. General requirements.

1. No open space contiguous to any building shall be encroached upon or reduced in any manner except in conformity to the yard, lot, lot area, building location, percentage of lot coverage, off- street parking space, and such other regulations designated elsewhere in this chapter for the zone in which the building or space is located. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this chapter, and the certificate of occupancy for such building shall become null and void.

2. No open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing open space for any other building.

b. Common open space.

1. Ownership requirements. Such common open space may be deeded to the town or dedicated to a homeowners' association or trust, the incorporation and bylaws of such shall be approved by the planning board. If common recreation and open space areas are not dedicated and accepted by the town or another governmental agency, the landowner shall provide for and establish an organization for the ownership and maintenance of any common recreation areas and open space and such organization shall not be dissolved nor shall it dispose of any of same by sale or otherwise, except to an organization conceived and established to own and maintain the common recreation areas and development open space, without first offering to dedicate the same to the town or any other governmental agency.

2. Open space maintenance requirements.

1. In the event that the organization created for open space management shall, at any time after the establishment of a planned development, fail to maintain any open space or recreation area in a reasonable order and condition in accordance with the plan, the town may serve written notice upon such organization, or upon the owners of the development, setting forth the manner in which the organization has failed to maintain such areas in reasonable condition. The notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall set the date and place of a hearing thereon which shall be held within 15 days of the notice. At the hearing the town may modify the terms of the original notice as to the deficiencies, and may give an extension of time not to exceed 65 days, within which they shall be cured.

If the deficiencies set forth in the original notice or in modifications thereof are not cured within the 35 days or any extension thereof, the town, in order to preserve the open space and maintain such space for a period of one year may enter upon and maintain such land. Such entry and maintenance shall not vest in the public any rights to use the open space and recreation areas except when the land is voluntarily dedicated to the public by the owners.

Before the expiration of the year, the town shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of such areas, call a public hearing upon 15 days written notice to the organization and to the owners of the development to be held by the town, at which hearing such organization and owners of the development shall show cause why maintenance by the town shall not, at the election of the town, continue for a succeeding year. If the town determines that such organization is ready and able to maintain the open space and recreation areas in reasonable condition, the town shall cease to maintain the open space and recreation areas at the end of the year. If the town determines such organization is not ready and able to maintain the open space and recreation areas in a reasonable condition, the town may, in its discretion, continue to maintain such open space and recreation areas during the next succeeding year and, subject to a similar hearing, a determination in each year thereafter. The decision of the town in any such case shall constitute a final administrative decision subject to judicial review.

ii. The cost of maintenance by the town shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space, in accordance with the assessed value at the time of imposition of the lien, and shall become a lien and tax on such property and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the town and in the same manner as other taxes.

All proposed development shall comply with the Town of Newton Flood Damage Prevention Ordinance #5-83 provisions for flood hazard reduction.

All proposed development in a designated historic district shall comply with the Town of Newton Historic Preservation Ordinance #20-87.

The inclusionary housing provisions of this chapter apply to all development proposed to be undertaken on inclusionary sites zoned to provide for an affordable housing component.

In addition to the criteria outlined herein for affordable units, at least fifty percent (50%) of all affordable units in each development shall be affordable to low income households.

Newton has contracted with the State of New Jersey's Affordable Housing Management Service for administration of affordability controls and other matters related to the marketing, tenancy, sale and monitoring of compliance with various requirements associated with low and moderate income housing provision of this chapter. The Affordable Housing Management Service shall be operational within 90 days for issuance of any certificate of occupancy for a development containing low and moderate income housing. Depending on the needs found in Newton, the following services are provided:

a. Assisting with marketing of Newton's affordable housing units.

b. Establishing a screening process for potential homebuyers or tenants based on income eligibility.

c. Maintaining eligibility lists.

d. Referring eligible homebuyers and renters to available units.

e. Determining maximum resale prices or rents.

f. Establishing procedures to ensure that affordable housing units continue to be occupied by and affordable to low and moderate income households for the restricted time frame.

g. Provide housing counseling services to potential homebuyers.

h. Assist households through settlement procedures.

a. The Affordable Housing Management Service shall require of applicants seeking final approval for development projects with low and moderate dwelling units an initial registration fee at the time of issuance of a certificate of occupancy.

b. Upon resale or rerental of such units, a renewal assessed, payable at the time of issuance of the certificate in the case of a resale, or at the time of execution agreement in the case of a rental unit.

The following fee schedule is currently in effect:

The fee schedule will be reassessed annually and revised as needed. The resale fee in effect at the time of each sales transaction closing shall prevail at the next resale.

c . Rental occupancies will be charged to the property owner/landlord at the rate of two percent (2%) of the individual unit's annual rent at the time of vacancy.

d. Projects receiving funding from the NJDCA Neighborhood Preservation Balanced Housing Program will be charged internally for initial occupancy. All subsequent resales and rentals will be charged as noted above.

e. Initial contract fees for sales and rentals will be billed and collected on signing of the agreement with Newton. Newton shall have an option of paying for its entire unit inventory at the prevailing fee at the time of initial contract or negotiating an installment plan. if payment is delayed, Newton or the developer will be charged the initial contract fee in effect at the time of payment.

Subsequent re-occupancy fees will be billed and collected at time of sales or lease agreement (rental).

a. In order to ensure that both low and moderate income units are affordable by a range of households within each household size, the average price of low and moderate income units within an inclusionary development shall be, as best as is practicable, affordable to households at 57.5% of the median income.

b. The following range of affordability for purchased housing shall be required for every twenty low and moderate income units:

c. For Sale Dwellings: Monthly cost of shelter to include mortgage (principal and interest), taxes, insurance and homeowners' or condo association fees, shall not exceed twenty-eight (28%) percent of gross household Section 8 income limits as defined and adjusted from time to time for varied low and moderate income household sizes by the U. S. Department of Housing and Urban Development. Homeowners or condo association fees for low/moderate income units can be increased by an annual percentage, not to exceed the CPI housing component only, for the region in which the Town of Newton is located.

d. For Rent Dwellings: Monthly cost of shelter to include contract rent and utilities (gas, electric, oil, water and sewer) shall not exceed thirty (30%) percent of gross household Section 8 income limits as defined and adjusted from time to time for varied low or moderate income household sizes by the U. S. Department of Housing and Urban Development.

e. For purposes of relating affordability to household size, households of the following size shall be assumed to occupy units of the following size and sale or rental price shall not be affected regardless of the size of the household actually occupying the unit:

a. For rehabilitated housing units, eligible persons who reside in the municipality shall have preference over those who do not reside in the municipality.

b. For newly constructed units, there shall be an occupancy preference **check moderate income households that reside or work in the Counties of Sussex, Bergen, Hudson and Passaic.

c. For housing unit resales and rental/re-rentals, affirmative marketing area and occupancy preference shall be expanded to include eligible persons who live or work in Essex, Morris, Union and Warren Counties.

**Webmasters Note: The previous section 20-5.13.5 has been deleted and amended as per Ordinance No. 2000-11.