MILFORD BOROUGH JOINT PLANNING BOARD & BOARD OF ADJUSTMENT
Regular Meeting Agenda
December 16, 2020 at 7:30PM
Note: Chairman reserves the right to change the Agenda or revise the order of business as needed Chairman reserves the right to enter into an Executive Session. Chairman also reserves the right to adjourn the meeting at 9:30pm. Individual public comments may be limited to 10 minutes.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
NEW BUSINESS • Ordinance Supplementing and Amending the Borough Zoning Ordinance to Rezone Portions of Water Street and Mill Street to B, Business
ZONING OFFICER’S REPORT • November’s Report
• Robert White to report
OLD BUSINESS •
Subcommittee for the Hunterdon County Grant
APPROVAL OF MINUTES •
Meeting Minutes November 18, 2020
VOUCHERS REPORT PROCESSED • 2356113 • PUBLIC COMMENTS
EXECUTIVE SESSION (If required or requested)
Special Notice Regarding Conduct of the Borough of Milford Joint Planning Board & Board of Adjustment Meeting Scheduled for December 16, 2020.
PLEASE TAKE NOTICE that due to the current State of Emergency and Public Health Emergency declared by the Governor Phil Murphy pursuant to Executive Order No. 103 and in an effort to prevent further spread of COVID019, The Borough of Milford Planning Board & Board of Adjustment Regular Meeting will be conducted through the conference call system. The public can attend the conference call meeting by dialing 1- 929-205-6099 and using meeting code: 876-4195-0284 (access code 014586) members of the public will be able to give public comment during relevant portions of the meeting. https://us02web.zoom.us/j/87641950284?pwd=Y0cxNGJROW9uWkFOa3dxTHlVcS83dz09
DRAFT FOR REVIEW ONLY
MILFORD BOROUGH ORDINANCE 2020-
SUPPLEMENTING AND AMENDING THE BOROUGH ZONING ORDINANCE TO REZONE PORTIONS OF WATER AND MILL STREET TO B, BUSINESS
WHEREAS the Borough Of Milford 2018 Master Plan Reexamination Report
recommended that it would be appropriate to rezone portions of Water Street from B-1 Business
Corridor, R-1 Residential and R-2 Residential to B, Business which is the Borough’s Downtown
Business Zone; and
WHEREAS the Borough of Milford is the recipient of a Hunterdon County grant to
study and implement zone changes to expand the Borough’s commercial base within the Water
Street corridor and facilitate economic development within the Borough’s business zones; and
WHEREAS, Burgis Associates, a planning consulting firm, was retained by the
Borough to prepare a zoning analysis for the Water Street corridor and business zone
WHEREAS, Burgis Associates prepared a report dated (To be inserted when finalized)
which analyzed and recommended zoning amendments to the Borough’s zoning map and B,
Business zone requirements; and
WHEREAS, the report was reviewed and endorsed by the Borough of Milford Joint
Land Use Board at their meeting of (date to be inserted); and
WHEREAS, the recommendations of the Joint Land Use Board were forwarded to the
Mayor and Council for consideration;
NOW THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough
of Milford in the County of Hunterdon, State of New Jersey that the Borough Zoning
Ordinance Chapter 190 entitled “Zoning” is hereby supplemented and amended as follows:
(note: deletions from the existing zoning are noted in strikeouts and new provisions are noted in bold )
SECTION 1 . Article I, General Provisions §190-5, Zoning Map, is hereby amended to rezone the following properties:
Block 4, Lots 11,12,13,14,15,16,18, 19, 20, 21, 22, 23, 24, 26 and 27 from R-2 Residential to B, Business;
Block 5 Lots 1, 2, 3, 5, 6, 8, 8.01, 9, 10 from B-1, Corridor Business to B, Business;
Block 5 Lots 4, 6.01, 7 from R-1, Residential to B, Business;
Block 6 Lot 1 from B-1, B-1 Corridor Business to B, Business;
Block 8 Lots 6, 7, 10, 11, 12 and 13 from B-1 Corridor Business to B, Business;
Block 11, Lots 2 and 2.01 from B-1 Corridor Business to R-1 Residential. Section 5.
SECTION 2. Article 1, General Provisions § 190-10 Off-street parking and loading is amended to add the following:
S. Required parking, with the exception of required accessible spaces, may be located off- site, if located within 600 feet from the primary pedestrian entrance.
T. Parking requirements may be relaxed at the discretion of the Joint Land Use Board provided a parking demand analysis prepared by a New Jersey licensed professional engineer demonstrating that adequate parking is provided to serve the proposed development is submitted for review and approval. U. A shared parking plan between may be approved by the Joint Land Use Board when uses are located near one another and/or have different peak parking demands and operating hours, based upon a shared parking analysis prepared and presented by a qualified New Jersey licensed professional engineer.
V. Cross access between adjacent parking areas is required when technically feasible
SECTION 3 . Article 1, General Provisions § 190-14 E, is hereby amended to read as follows:
E. Signs and banners of a public nature dealing with a public event when deemed necessary to the public welfare and approved as such by the Joint Land Use Board, subject to such time, size and other requirements as the Board may impose to protect the public interest. No permanant or temporary private banners or flutter-type signs, pennants, flags or illuminated flashing lights or displays, whether carrying written advertisements or simply designed to attract attention, shall be allowed.
SECTION 4 . Article 1, General Provisions § 190-14 K, is hereby added as follows:
K. Electronic Message Center (EMC) herein defined as a sign that utilizes a computer or other electronic controlled means (whether digital, analog, incandescent lamp LCD, LED or other display technologies) to change and control a message display, is hereby prohibited other than “open” signs which may be permitted provided that they are not scrolling or flashing but static.
SECTION 5 . Article VI Downtown Busines (B) Zone is hereby amended and supplemented to read as follows:
§190-79. No lot shall be used, and no structure shall be altered or occupied for any purpose except the following:
A. Retail sales of goods and services such as bakeries, appliance and electronics stores, gift and stationery shops, groceries, liquor stores, jewelers, florists, clothing stores, convenience goods, hardware stores, ice cream parlors, arts and crafts, pharmacies, camera stores and photographic studios, including photo processing and food stores. B. Personal services and facilities such as barbershops, beauty salons, laundry collection, shoe repairing, appliance, radio and television repair, funeral parlors, printing establishments and travel agencies. C. Banks, not including drive-through facilities and financial institutions . D. Restaurants, cafes and taverns, but not including drive-up or drive-through facilities. E. Offices for business, executive or professional purposes such as medical, dental, legal, architectural, engineering, financial services, real estate, insurance and marketing. F. Hotels, inns and bed-and-breakfast accommodations. G. Vocational schools or studios for the instruction of arts, dancing, music, languages and photography. H. Public and semi-public buildings and uses including municipal, library and emergency services . I. Child-care centers in accordance with the requirements found in § 190-84 (a) . J. Church, library, or public or private school. Houses of Worship. K. Educational Institutions (both public and private).
L. Artisan Manufacturing (including distilleries and micro-brewing). M. Recreational type uses such as health clubs and spas. N. Theatres, community centers, art centers and museums. O. Pharmacies but without drive-thru facilities. P. Two-family duplex residences subject to compliance with the R-2 zone requirements. Q. Residential Apartments subject to § 190-84(b).
R. Outdoor dining subject to § 190-84(c). S. Sidewalk sales subject to § 190-84 (d). T. Home Occupations subject to § 190-84(e). § 190-80 Conditional uses. A. Downtown residential apartments. None
§ 190-81 Accessory uses.
A. Off-street parking in accordance with § 190-111 . B. Signage in accordance with § 190-14 and § 190-15 . C. Other accessory uses or structures clearly incidental to the principal use.
§ 190-82 Uses and structures prohibited.
Where a use is not explicitly permitted pursuant to § 190-79 , it shall be considered prohibited. Additionally, the following uses are expressly prohibited: A. Any process of manufacture, assembly or treatment which is not clearly incidental to a retail business conducted on the premises or which normally constitutes a nuisance by reason of odor, noise, dust or smoke or which constitutes an unusual fire or explosion hazard. B. Junkyards, secondhand material yards and automobile graveyards or disassembly plants. C. Repair or machine shops with more than four employees. D. Laundries or dyeing and cleaning works with a capacity for employing more than 10 persons in their processes. E. Lumber and coal yards, building material storage yards and storage warehouses. F. The storage of explosives and the storage of crude oil or any of its volatile products or other highly flammable liquids in aboveground tanks; bottled gas use is permissible. G. Milk bottling and distribution plants and other bottling works. H. All structures and uses prohibited in the Industrial Zone. I. Commercial garages, gas stations, auto body repair or painting and car washes. J. Automobile sales, leasing or rental. K. All drive-through and drive-up facilities.
§ 190-84 Supplemental regulations. Is hereby amended to provide for the following supplemental regulations relating to particular uses to be permitted within the B, Business Zone:
In the B District, all development and redevelopment shall adhere, to the extent possible, to the guidelines identified in the Borough's Master Plan, Land Use Element, regarding the design of structures in the Downtown Business District (B Zone). § 190-85 (a) Child-care centers. Child-care centers for which a license is required from the Department of Human Services pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.), shall be a permitted use in all nonresidential districts. (1) The applicant shall submit a site plan in accordance with Article XIV , Site Plan Review Process. (2) 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 and the permitted density allowable for that building or structure under any applicable municipal zoning ordinance in accordance with N.J.S.A. 40:55D-66.6. (3) Those structures, new or renovated, which will be used solely as child-care centers are required to provide parking at the rate of one space for every 300 square feet of building area. This standard may be amended where the applicant can demonstrate to the satisfaction of the Joint Land Use Board that fewer number of spaces will be required. (4) Any outdoor play areas associated with or used by child-care centers are to be secured and located as to assure child safety. Areas are to be reviewed and approved on an individual basis by the Joint Land Use Board. (5) The child-care center shall meet all bulk standards of the zoning district in which it is located. (6) The child-care center shall be licensed by the New Jersey Department of Human Services. (1) In the B Zone, downtown residential apartments may not be located on the ground floor, basement or attic of the subject structure. (2) No individual unit shall be less than 650 square feet. (3) Each unit shall be complete and independent with its own kitchen, bedroom and bathroom. (4) Parking shall be provided for each unit in accordance with the requirements for dwellings found in § 190-111, unless it is an affordable unit, where each unit must provide one parking space either on site or leased in the neighborhood. (5) All COAH-certified downtown apartments within the B District must conform to the following: (b) Downtown residential apartments.
(a) The rental unit must receive a new certificate of occupancy either through a gut rehabilitation if it is an existing residential unit or if within an existing structure and not a residential unit or new construction. (b) The rental occupant of the apartment must meet the low/moderate income limitations established by COAH for the Hunterdon, Somerset, Middlesex Region and verified by the Borough Administrative Housing Agent. (c) The rent must be restricted to affordable low-income households with a gross household income as determined by COAH and approved by the Borough Administrative Housing Agent. (d) The rental unit must be affirmatively marketed pursuant to the Borough's affirmative marketing plan, and the process must conform to a random selection process dependent only on household income and household size as it relates to the number of bedrooms. (e) Affordability controls of at least 30 years must be imposed on the accessory apartment via a deed restriction or other instrument acceptable to the Borough Attorney. (f) As a condition of approval, the accessory apartment owner must be willing to submit an affidavit of continuing use every two years. (g) A municipal subsidy of $25,000 will be paid to the owner of the accessory unit at the time that the unit is certified by COAH. (1) No outdoor table, shelf or other facility to hold food or drink while the same are being consumed shall be permitted in any nonresidential zone except in accordance with this paragraph. (2) The dining area must be on private property. If any portion of the dining area is on a sidewalk over which the public has a right-of- way, an unobstructed passage not less than four (4) feet wide must be left between the dining area and any street, structure, hydrant, lamppost, highway signpost or other obstruction. No portion of the dining area may be closer than four (4) feet to any fire lane, parking lot or loading dock. No portion of any required parking space or loading dock shall be converted to dining area. (3) The dining area shall be surrounded by a defining barrier not less than two (2) feet high such as landscaping, a fence or ropes and posts. If any portion of the dining area is within ten (10) feet of any area used by vehicles and less than two (2) feet above such area, the barrier shall be designed to protect the dining area unless the same is protected by trees or other means. The placement of tables and chairs in the dining area and the provision of passages through the barrier shall not obstruct entry to or exit from any building. Folding chairs are prohibited. No advertising or product names are permitted on any tablecloths, chairs or umbrellas in the dining area. (c) Outdoor dining. Outdoor Dining shall be permitted as accessory to an existing indoor restaurant only subject to the following regulations:
(4) No use of the dining area shall be permitted after 10pm or before 6:00 a.m. Sunday through Wednesday. Outdoor dining shall not be permitted after 11:59 pm or before 6:00 am Thursday through Saturday.
(5) Convenient containers for trash and recyclables shall be provided. The operator of the dining area shall keep it clean, sanitary and free from litter.
(6) With the permission of the Board of Health and/or the Fire Department as to the maximum number of people in the indoor and outdoor spaces, the restaurant may serve indoor and outdoor diners simultaneously. (7) No retail, restaurant, outdoor dining area, or office in any building shall use any noisemaking instruments such as phonographs, loudspeakers, amplifiers, radios, television sets or similar devices which are so situated as to be heard outside any building at a level exceeding 65 decibels during daytime and 50 decibels between 10:00 p.m. and 7:00 a.m. No smoke, dust, fumes or objectionable odor shall be emitted from any building. The display of merchandise on the exterior premises of any building is prohibited, except as to sidewalk sales as provided herein. (d) Sidewalk sales Sidewalk sales shall be permitted not to exceed more than nine (14) days during each calendar year per business, which days shall be authorized by the Borough Zoning Officer subject to the following standards: (1) Goods and merchandise may be displayed only upon a sidewalk area immediately in front of the business establishment selling same and in such a manner as to permit the free flow of pedestrian traffic on the sidewalk at a minimum width of 48 inches.
(2) Goods and merchandise shall be of the same type and quality as that ordinarily maintained and sold by the business establishment conducting the sale.
(3) Goods and merchandise shall be displayed in such manner as to permit sales to pedestrians on sidewalk areas. Sales shall not be conducted or made to pedestrians walking or standing in streets, roads or other areas where motor vehicles ordinarily travel.
(4) No advertising signs larger than twelve inches by twenty- four inches shall be utilized in sidewalk sales.
(5) Business establishments adjacent to parking areas may set aside portions thereof by clearly marking some and restricting the areas to sidewalk sales. Booths or other displays shall be located in such a manner as to permit the free flow of traffic through the area.
(6) Sidewalk sales shall be restricted between to the hours of 9:00 a.m. and to 9:00 p.m., prevailing time.
(7) The use of public address systems, bells, music, auctioneers or other devices or activities not otherwise utilized by business establishments in the ordinary course of business shall not be permitted in conjunction with sidewalk sales. (8) The location of booths and other merchandise displays along sidewalks and in parking areas shall be subject to approval by an authorized member of the Police Department of the Borough of Milford and an authorized member of the Fire Department of the Borough of Milford. Any party failing to comply with a written directive from either of the agencies shall be deemed to be in violation of this section.
(e) Home Occupations. Home Occupations shall be permitted as authorized by the Borough Zoning Officer subject to the following standards:
(1) The following shall be considered permitted home occupations:
(a) The office of an accountant, architect, dentist, engineer, insurance broker, lawyer, physician, planner, real estate agent, computer professional, marketing agent, public relations professional, literary agent, author or other similar type professions.
(b) An artist's studio, a craft-person's shop, a tailor/seamstress/dressmaker's shop, a baker's shop, or similar artisans' shops or studios where such products are made on premises. Instruction for these occupations is permitted for a maximum of one student at a time.
(c) Musical instrument or voice instructors. Instruction for these occupations is permitted for a maximum of one student at a time.
(d) The administrative office of a tradesman whose field of activity is entirely away from the dwelling unit.
(e) The marketing and sales of home good products provided that retail sales is not open to the general public.
(2) Location and size. The office or studio shall be located on the first or street level floor of the dwelling and the area thereof shall be limited to not more than 50% of the first floor area. Storage of related materials or products for sale incidental to permitted home occupation is permitted but shall be included within the 50% floor area limitation and location restrictions provided for herein.
(3) The home occupation or profession shall be carried on wholly within the principal dwelling unit.
(4) The home occupation or profession shall employ not more than three persons, one of whom may be a person who does not reside at the subject dwelling unit.
(5) Permitted sign. One customary professional or announcement sign, as follows:
(a) Maximum size of two square feet in area, if attached to the main wall of the dwelling. Said sign shall not be illuminated, by internal or external source; or (b) Maximum size of one square foot in area if mounted on a post, provided that such post is set back from the front property line five or more feet. (c) No portion of the sign shall have an electronic message center or a changeable copy sign.
(6) The home occupation or profession may have off-street parking on the premises for customer or client use, provided there are no more than two such spaces.
(7) Prohibited uses and activities associated with the home occupation or profession.
(a) Exterior display or exterior storage of materials or commercial vehicles.
(b) Exterior indication of the home occupation or profession other than the parking and sign permitted by this section.
(c) Visible variation from the residential character of the principal building resulting from the home occupation use.
(d) Offensive noise, vibration, smoke, dust, odors, heat or glare.
(e) Home occupation or profession shall not include or be deemed to include the office of a person professionally engaged in the purchase, manufacture or sale of goods kept or displayed on the premises; tearooms; tourist lodges; boarding- or lodging- houses; beauty parlors; barbershops; nail salons; restaurants; commercial stables and kennels; veterinarian offices; convalescent homes; mortuary establishments; the assembly of or meeting place for employees of one or more persons; stores; trades or hobby shops; or businesses of any kind not herein excepted. Notwithstanding
anything to the contrary in this chapter, the home professional office of a physician shall not include a biological or other medical testing laboratory.
§ 190-85 is amended to add the following section entitled Design Standards:
The following design standards shall apply to development within the B-Business Zone. Deviations from these standards shall be considered design standard exceptions pursuant to N.J.S.A 40:55D-51(b) and not variances pursuant to N.J.S.A 40:55D-70(c).
(a) Purpose. The purpose of this section is to maintain and promote the unique small-town historic character of the downtown area by establishing a set of general design guidelines for new development or exterior alterations to existing structures. General architectural guidelines may be employed to help promote development and redevelopment which is compatible with the exiting development character of the areas. New infill development, alterations and renovations should relate to the surrounding environment with regard to such items as building height, scale, massing, setbacks, roof shape entry treatments and exterior features. (b) Building improvements in the downtown should be completed with sensitivity to the architecture and scale of the original structure. This includes the maintenance and restoration of original building facades where possible to capitalize on the unique architecture of the downtown. Future development should adhere to the following guidelines. (1) Maintain the existing building line unless a proposed setback conforms to a larger approved development plan. (2) If several storefronts are located in one building, they should be unified in design treatment; e.g., design of windows and door openings, use of materials, color and signage should be coordinated. (3) Brick and stone facades should not be covered in artificial siding or panels. Generally, no material will look more appropriate on a facade than that originally used. (4) Roof shape and material should be architecturally compatible with the rest of the building and should reflect the area pattern. (5) When replacing windows on a facade, windows and window trims of the same size and character as the original should be used. Awnings should be solid or striped canvas in colors recommended for exterior paints. Metal awnings should be avoided.
(c) Architectural Considerations. The following architectural examples illustrate architectural design considerations that should be followed pursuant to the purpose and design guidelines outlined in § 190-85 (a) and (b):
(d) Lighting shall be integrated into the design of buildings such that the lighting will complement the architectural elements of buildings and not cause glare and satisfy the following standards: (1) Intent. Standards for lighting in the B-Downtown zone are necessary to prevent misdirected or excessive artificial light, caused by inappropriate or misaligned light fixtures that produce glare, light trespass (nuisance light) and/or unnecessary sky glow; and also, that such regulation is necessary to discourage the waste of electricity and to improve or maintain nighttime public safety, utility and security. (3) Commercial Lighting. Where used for commercial purposes such as in merchandise display areas, work areas, platforms, signs, architectural, landscape or sports or recreational facilities, all light fixtures shall be equipped with automatic timing devices and comply with the following: (a) Light fixtures used to illuminate flags, statues or any other objects mounted on a pole, pedestal or platform, shall use a narrow cone beam of light that will not extend beyond the illuminated object. (b) Other upward directed architectural, landscape or decorative direct light emissions shall have at least ninety (90) percent of their total distribution pattern within the profile of the illuminated structure. (2) Security Lighting. Where used for security purposes or to illuminate walkways, roadways and parking lots, only shielded light fixtures shall be used.
(c) Externally illuminated signs including commercial building identification or other similar illuminated signs, shall comply with the following:
i. Top mounted light fixtures shall be shielded and are preferred.
ii. When top mounted light fixtures are not feasible, illumination from other positioned light fixtures shall be restricted to the sign area. Visors or other directional control devices shall be used to keep spill light to an absolute minimum.
(d) All other outdoor lighting shall use shielded light fixtures.
(4) Floodlight type fixtures, once properly installed, shall be permanently affixed in the approved position.
(5) Foundations supporting lighting poles not installed four (4) feet behind the curb, shall not be less than 24 inches above ground.
(6) When fifty percent or more of existing outdoor light fixtures are being replaced or modified, then all lighting must be made to conform to the provisions of this section.
(7) Light Trespass (Nuisance Light). All light fixtures, except street lighting, shall be designed, installed and maintained to prevent light trespass, as specified below:
1. At a height of five (5) feet above the property line of subject property, illuminations from light fixtures shall not exceed 0.5 foot-candles in a vertical plane as measured at the property line. 2. Outdoor light fixtures properly installed and thereafter maintained, shall be directed so that there will not be any objectionable direct glare source visible above a height of five feet from any property or public roadway.
(8) Light fixtures near adjacent property may require special shielding devices to prevent light trespass.
SECTION 6 . Article XI Schedule of Limitations § 190-111 Schedule of Required Off-Street Parking is hereby amended as follows:
1 per 1000 square feet
2 per unit Per RSIS Requirements
Places of worship
1 per 4 3 seats or 1 per 200 square feet
Public and private schools
3 per administrative office and 1 per staff member
Nonspecified service or retail uses
1 per 200 250 square feet devoted to retail or service
Business and professional offices
1 per employee and 1 per 500 square feet of office area
1 per employee and 1 per 200 square feet of office area
Barbershops and beauty shops
1 per employee and 1 per chair
Hotels and B&B
1 per room plus 1 per 2 employees
1 per 250 square feet
Banks and Financial Institutions
1 per employee and 1 per 600 square feet
Restaurants and taverns
1 per employee on a maximum shift and 1 per 3 seats
1 per 3 washing or cleaning machines
Hotels and motels
1 per employee and 1 per sleeping room
Nonspecified industrial uses
1 per employee per maximum shift or 1 per 300 square feet of industrial area
1 per employee per maximum shift
Research engineering or research laboratories
1 per employee per maximum shift or 1 per 300 square feet of research area
SECTION 7 . Article XII Conditional Uses § 190-114 B., Medical and dental clinics, hospitals, laboratories and satellite facilities is hereby amended as follows:
§ 190-114 B. The premises on which the use is conducted shall contain no less than five one and a half acres.
SECTION 8. Article XIV Site Plan Review Process is hereby amended supplemented to read as follows:
§ 190-122 Purpose.
In order to assure the harmonious development of all areas of the Borough in accordance with the intended appearance of each neighborhood as established by the Borough Master Plan, to assure that maximum care is exercised to preserve and enhance natural features, to preclude the creation of traffic flow or traffic safety problems, to conserve the general value of property within the Borough and to maximize efforts to assure each property owner of the right to the safe and comfortable enjoyment of his property, a plan for every use or structure proposed within the Borough, except a one-family detached dwelling or buildings accessory thereto on a single lot in a residential zone, shall be reviewed by the Site Plan Review Committee of the Joint Land Use Board in conjunction with the issuance of a zoning or building permit. It shall be the function of the Site Plan Review Committee to examine plans for proposed structures and report to the Joint Land Use Board as to how those plans fulfill the above criteria. The report of the Site Plan Review Committee shall be made in accordance with the standards set forth below a site plan application for development shall be submitted for review to the Joint Land Use Board in accordance with procedures set forth in § 190-123 for review with compliance with the standards set forth below in § 190-125
§ 190-123 Procedure.
The following procedures shall be followed to secure a site plan of proposed construction or for exemption from the requirements of this chapter:
(1) Prior to the subdivision or re-subdivision of land and prior to the issuance of a construction permit or certificate of occupancy for any development, an application shall be submitted to and approved by Joint Land Use Board as provided by statute, for its review and approval in accordance with the requirements of this chapter, except that the following shall be exempt from site plan review and approval: a) subdivision applications; b) individual lot applications for detached one (1) or two (2) family dwelling unit buildings; and c) change in tenancy within existing structures where there is no change in the type of use than what previously existed, d) no physical development other than interior renovations are proposed and there is no change in parking demand associated with the change in tenancy.
When approval is required.
(a) Any change in nonresidential tenancy except as otherwise exempted under § 190-123 A.1. shall require Joint Land Use Board review. An applicant may apply for minor site plan approval to the Joint Land Use Board subject to the following requirements:
In order to qualify as a minor site plan application, the minor site plan must satisfy the following criteria:
a. It involves only a change in use or a change in tenancy of an existing building or is the first use in a new building having received site plan approval and the use is permitted in the zone or involves the tenancy for a building granted prior site plan approval but for which tenancy was not established at the time of approval.
b. The use does not involve the handling or storage of hazardous materials as defined in N.J.A.C. 7:1G-1 to 7:1G-5.
c. There is no outstanding health, fire, building code, zoning or traffic safety violations.
d. There are no outstanding taxes or assessments payable.
e. There are no changes to the exterior design or appearance of a building.
f. No new variances are created, or existing nonconforming conditions are expanded.
Joint Land Use Board in determining whether or not a minor site plan approval should be granted shall, as appropriate, refer the application to one (1) or more of the following Borough employees or their approved alternates as appropriate:
a. Zoning Officer. b. Construction Code Official. c. Traffic Safety Officer. d. Borough Engineer. e. Water and Sewer Department f. Health Officer. g. Fire Official. h. Borough Planner.
Following approval of a minor site plan, unless otherwise exempted from site plan approval pursuant to this chapter, the Zoning Officer shall issue a zoning permit authorizing the occupancy or continued occupancy, as the case may be, of the premises. No use shall commence or continue without the issuance of said zoning permit.
(b) Where a site plan has been duly approved by the Joint Land Use Board, but where the specific use or uses of the building are not known at the time of the site plan approval, such as in the case of a speculative building, no certificate of occupancy for any part of the building shall be issued until a site plan for the specific use is approved; provided, however, that the Planning Board may review the specific use or occupancy as a minor site plan provided the application satisfies the criteria for minor site plan as established in § above.
A B. Application requirements.
(1) Unless otherwise exempt , the applicant shall file with the Joint Land Use Board on forms provided by the Joint Land Use Board an application for site plan approval. The application shall be accompanied by such plans, necessary fees or other data specified herein and shall include a statement, in writing, by the applicant, with adequate evidence showing that the proposed site plan will conform to the standards herein specified. (2) In the event that the change in use will not require a building permit, nor any permit from the Hunterdon County Soil Conservation Service, nor an additional requirement for off-street parking, then an applicant shall file an application for exemption from the other requirements set forth herein. The Joint Land Use Board shall review each request for exemption or reject the request and require the applicant to file the formal site plan as
otherwise required herein. The fee for the exemption application shall be as prescribed in Chapter 10, Fees, of this Code. In the event that any professional fees are incurred in connection with the exemption from site plan application, those fees shall be paid by the applicant prior to issuance of any Joint Land Use Board approval. The application for exemption shall be on a form provided by the Joint Land Use Board. B. C. Preapplication conference with the Joint Land Use Board. Prior to filing a formal application for an approval of a site plan, the developer may request and shall be granted a preapplication conference with the Joint Land Use Board. The purpose of such conference is to allow the developer to present a general concept of his proposed development prior to the preparation of detailed plans. For this purpose, the presentation shall include but not be limited to:
(1) A written letter of intent from the developer establishing his intentions as to the development of the property.
(2) A location map and topographic survey map, including delineation of all areas which have natural slopes in excess of 15%.
(3) Sketch plans and concepts regarding land use, building type and arrangement, density, landscaping and open area and other generalized site details.
(4) General descriptions and tentative proposals regarding water supply, waste disposal, sewage disposal, utilities, surface drainage and circulation and parking improvements. C. D. The Joint Land Use Board shall consult with the developer with regard to all zoning and other development requirements, including state and county plans which may affect the proposed development or the procedural steps for approval. D . In the event that approval of the site plan would require a variance, it shall be secured by the applicant prior to submitting a formal application for site plan approval. SECTION 9. If any paragraph, subdivision, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged and the remainder of the Ordinance shall be deemed valid and effective.
SECTION 10. All ordinances or parts of ordinances inconsistent with or in conflict with this Ordinance are hereby repealed to the extent of such inconsistency.
SECTION 11. This ordinance shall take effect immediately upon: (i) adoption; and (ii) publication in accordance with the laws of the State of New Jersey.
_______________________________ HENRY SCHEPENS, MAYOR
______________________________ KAREN DYSART, RMC MUNICIPAL CLERK
Introduction: Public Hearing: Adoption: Publication:
11/6/20: Issued zoning permit for roof-mounted solar at 101 Fairview Ave.
Responded to emails and phone calls from residents, etc. about change of use/variances, etc.
MILFORD BOROUGH JOINT PLANNING BOARD & BOARD OF ADJUSTMENT November 18, 2020 – Regular Meeting
A Regular meeting of the Milford Joint Planning Board & Board of Adjustment was held VIA Zoom Meeting Code: 876-4195-0284, Milford, NJ on Wednesday, November 18, 2020. The meeting was called to order by Carol Bernotas, Board Chairman at approximately 7:30pm. Board Members opened the meeting with a Pledge of Allegiance. SUNSHINE PROCLAMATION As required by the Open Public Meeting Act of 1975, adequate notice of this meeting was provided by publication of the 2020 regular meetings dates and agenda deadlines, Resolution 2020-002, in the Easton Express Times and Hunterdon County Democrat newspapers on January 16, 2020. A copy of said notice is also posted on the bulletin boards both inside and outside the Municipal Building. ROLL CALL Board Members Present: , Carol Bernotas , Armand Perez, Henri Schepens, Mayor; Robert White, Councilman; Sara Knies, Regina Stem, Jeffrey Livingston and Timothy Torey Absent: Brenda O’Shea Pending Members: None.
Alternates Rebecca Rose, Joseph David and Tara Felicio Present: Absent: Jef Betz
Alternate Rebecca Rose can be moved up to voting position for absent member(s). Roll Call of attending Members established the presence of the required quorum and, therefore, the meeting proceeded. David Pierce, Esq., Borough Attorney and John Szabo, Planner were present for the meeting.
MILFORD BOROUGH JOINT PLANNING BOARD & BOARD OF ADJUSTMENT November 18, 2020 – Regular Meeting
• The Borough Council appointed Jeffrey Livingston and Timothy Torrey as Class IV Members of the Joint Planning Board and Board of Adjustment. Sara Knies, Zoning Officer has been appointed as a Class II Member and Joseph David and Tara Felicio as Alternate Members of the Joint Planning Board and Board of Adjustment.
ZONING OFFICER’S REPORT
A MOTION to accept the September 2020 Zoning Report was made by Regina Stem and seconded Henri Schepens by All in Favor: AYES : Carol Bernotas, Armand Perez, Henri Schepens, Mayor; Robert White, Councilman; Sara Knies, Regina Stem, Jeffrey Livingston Timothy Torrey, Alt. Rebecca Rose, Alt. Joseph David and Alt.Tara Felicio. NAYS : None. ABSTAIN :
Board Members who were ABSENT or INELIGIBLE to vote on this matter: Brenda O'Shea and Alt. Jef Betz.
MAYOR’S REPORT – Mayor Schepens
• The Council will be meeting Via Zoom for the rest of the year.
A brief discussion of Covid 19.
COUNCIL UPDATE – Robert White
• A brief discussion that the Borough Council will be moving forward with consolidating the Borough Hall and the Library.
• A brief discussion on the Donation Bin Ordinance.
• SUBCOMMITTEE FOR THE HUNTERDON COUNTY GRANT
John Szabo, Burgis Associates went over the Economic Development – Zoning Analysis dated September 23, 2020. Mr. Szabo, stated that he will incorporate the design standards from the 1996 Master Plan into the ordinance. Mr. Szabo will have the Ordinance ready for the December meeting.
MILFORD BOROUGH JOINT PLANNING BOARD & BOARD OF ADJUSTMENT November 18, 2020 – Regular Meeting
Approval of Minutes
• Meeting Minutes September 23, 2020
A MOTION to accept the Meeting Minutes for September 23, 2020 was made Henri Schepens seconded by Jeffrey Livingston All in Favor: AYES : Carol Bernotas, Armand Perez, Henri Schepens, Mayor; Robert White, Councilman; Sara Knies, Regina Stem, Jeffrey Livingston Timothy Torrey, Alt. Rebecca Rose, NAYS : None. ABSTAIN : Joseph David and Tara Felicio
Board Members who were ABSENT or INELIGIBLE to vote on this matter: Brenda O'Shea, and Alt. Jef Betz.
• Meeting Minutes October 28, 2020
A MOTION to accept the Meeting Minutes for October 28, 2020 was made Jeffrey Livingston seconded by Rebecca Rose All in Favor: AYES : Carol Bernotas, Armand Perez, Henri Schepens, Mayor; Robert White, Councilman; Sara Knies, Regina Stem, Jeffrey Livingston Timothy Torrey, Alt. Rebecca Rose, NAYS : None. ABSTAIN : Joseph David and Tara Felicio
Board Members who were ABSENT or INELIGIBLE to vote on this matter: Brenda O'Shea, and Alt. Jef Betz.
ADJOURNMENT There being no further business, a MOTION to adjourn was made by Robert White and seconded by Jeffrey Livingston All in Favor: AYES : Carol Bernotas, Armand Perez, Henri Schepens, Mayor; Robert White, Councilman; Sara Knies, Regina Stem, Jeffrey Livingston Timothy Torrey, Alt. Rebecca Rose, NAYS : None. ABSTAIN : Joseph David and Tara Felicio
Board Members who were ABSENT or INELIGIBLE to vote on this matter: Brenda O'Shea, and Alt. Jef Betz.
The minutes of this meeting will be available as soon as possible.