Any W'I'F that is not operated for a continuous period of twelve (12) months shall be considered abandoned. If there are two or more users of a single WTF, then the abandonment shall not become effective until all users cease using the WTF for a continuous period of twelve (12) months. The owner of such W'TF shall remove same within ninety (90) days of notice from the zoning officer that the WTF is abandoned. If such WTF is not removed within said ninety (90) days, the municipality may remove such WTF at the owners expense. If the facility is to be retained, the provider(s) shall establish that the facility will be reused within one year of such discontinuance. If a facility is not reused within one year, a demolition permit shall be obtained and the facility removed. At the discretion of the zoning officer, upon good cause shown, the one year reuse period may be extended for a period not to exceed one additional year.

WTFs in existence on the date of the adoption of this ordinance, which do not comply with the requirements of this ordinance (non-conforming WTFs) are subject to the following provisions.

(1) Nonconforming WTFs may continue in use for the purpose now used, but may not be expanded without complying with this ordinance.

(2) Nonconforming WTFs which are partially damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefore, but without otherwise complying with this ordinance. If this destruction is greater than partial, then repair or restoration will required compliance with this ordinance.

(3) The owner of any nonconforming WTF may repair, rebuild, and/or upgrade (but not expand such WTF or increase its height or reduce its setbacks), in order to improve the structural integrity of the facility, to allow the facility to accommodate collocated antennas or facilities, or to upgrade the facilities to current engineering, technological or communication standards, without having to conform to the provisions of this ordinance.

A. In addition to the applicable documentation and items of information required for site plan approval the following additional documentation and items of information are required to be submitted to the Planning Beard for review and approval as part of the site plan submission:

(1) Documentation by a qualified expert regarding the capacity of any proposed WTF for the number and type of antennas;

(2) Documentation by a qualified expert that any proposed WTF will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas and that the structural standards developed for antennas by the Electronic Industries Associated (EIA) and/or Telecommunication Industry Association (TIA) have been met;

(3) A letter of intent by the applicant, in a form which is reviewed and approved by the Borough Attorney, indicating that the applicant will share the use of any WTF with other approved providers of wireless communication services; and

(4) A visual impact study, graphically simulating through models, computer-enhanced graphics, or similar techniques, the appearance of any proposed tower and indicating its view from at least the five (5) locations around and within one (1) mile of the proposed WTF where the WTF will be most visible. Aerial photographs of the impact area shall also be submitted.

B. If any section, paragraph, subsection, clause or provision of this Ordinance shall be adjudged by the courts to be invalid, such adjudication shall apply only to the section, paragraph, subsection, clause or provision or adjudged, and the remainder of the Ordinance shall be deemed valid and effective.

C. This ordinance shall become effective upon final adoption after publication and filing a copy with the Bergen County Planning Board in accordance with law.

**Webmasters Note: The previous section (220-12) has been amended as per Ordinance No. 678.

A. Schedule limiting height and setbacks [Amended by Ord. No. 252]

(1) No building or accessory building hereafter erected or altered shall be erected or altered to exceed the height or to have narrower or smaller rear yards, side yards or front yards than is laid down for the zone in which the buildings are located in the Schedule of § 220-3C Swimming pools, tennis courts and paddle courts shall be governed by the setbacks required for accessory buildings

(2) Width is measured at the front setback line Frontage at street line must be at least 80% of required lot width Setbacks are measured from the lot line to the nearest walls of the building.

B. [Amended by Ord. No. 184; Ord. No. 254; Ord. No. 325; Ord. No. 340; Ord. No. 416] Encroachments in required setbacks The space in any required setback shall be open and unobstructed except as follows

(1) Ordinary projections of window sills, belt courses, cornices, eaves and other architectural features shall be permitted to project not more than two feet

(2) An arbor, open trellis, flagpole, unroofed steps, unroofed terrace, unroofed porch and recreation equipment, except a swimming pool, shall be permitted to encroach without limitations

(3) No accessory building in any zone shall be located in any front or side yard No drying yard equipment shall be located in any front yard

(4) An accessory building shall be permitted in any rear yard subject to the following regulations

(a) The aggregate ground area covered by any accessory buildings in any rear yard, including the ground area covered by any projections, other than cornices and eaves, shall not exceed 20% of the rear yard area in any residence zone Swimming pools and tennis courts may exceed the 20% coverage of the rear yard area in any residence zone subject to all other conditions of this section Paddle tennis courts shall not exceed 20% of the rear yard area in any residence zone

(b). No accessory building or accessory structure shall be more than 15 feet high. No accessory building or drying yard equipment shall be nearer a party lot line than the following specified distances:

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 632.

(c) On a comer lot no accessory building shall occupy that half of the lot depth nearest the fronting street and it shall set back from the side street line at least as far as the setback requirements for the main building When the rear of a comer lot abuts a lot facing on the side street, an accessory building shall not be nearer the rear line of the lot on which it is erected than the distance required for side yard setback in that zone

C. Height exceptions Notwithstanding the height limits of Subsection A, golf clubhouses shall not be more than 35 feet in height measured from the mean ground level [Amended by Ord. No. 1841

D. Transition requirements Where a lot is divided by a zone boundary, the part of such lot within each zone shall be regulated by all the regulations of that zone

E. Conditions requiring modification Where special conditions of topography, forestation, rock outcropping or the location of existing houses make a variation in the setback requirement reasonable, the Zoning Board of Adjustment will decide the proper modification according to law

F. Lots fronting on two or more streets Where a lot fronts on two or more streets, the front yard requirements for the principal building for the zone in which the frontage lies shall govern the setback required on each street

G. COAH-1 District There shall be no accessory buildings for storage permitted in this zoning district except for enclosure of trash, garbage or recycling containers [Added 10-25-2000 by Ord. No. 578]

[Added 3-22-2000 by Ord. No. 565]

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

B. Residential and nonresidential development fees

(1) Within all residential zoning districts, developers shall pay a development fee of 1% (one percent) of the equalized assessed value for residential development pursuant to Section 220-14C.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 655.

(2) Developers within nonresidential zoning districts shall pay a fee of 2% (two percent) of equal assessed value for eligible non residential activities pursuant to Section C hereof.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 655.

C. Eligible exaction, ineligible exaction and exemptions

(1) Eligible low- and moderate-income units shall be exempt from paying development fees

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

(3) Within the public zoning district(s) developers shall be exempt from paying a development fee

(4) Developers that expand an existing nonresidential structure shall pay a development fee as required in Section B(2) above. The development fee shall be calculated based on the increase of the equalized assessed value of the improved structure.

(5) Developers or Owners that expand an existing residential structure which increases the living space by less than 20% and/or the volume of the existing structure by less than 20% shall be exempt from paying a development fee. All other expansions of existing residential structures shall pay a development fee. The development fee shall be calculated based on the increase of the equalized assessed value of the improved structure.

**Webmasters Note: The previous subsections, C(4) and C(5), have been added as per Ordinance No. 670.

D. Collections of fees Developers shall pay up to 50% of the calculated development fee to the Borough of Alpine at the issuance of building permits At the issuance of certificates of occupancy, the appropriate development fee shall be based on one of the options in N J A C 5 93-8-13 The developer shall be responsible for paying the difference between the fee calculated at the time of the issuance of the building permit and paid at issuance of certificate of occupancy

E. Housing trust fund There is hereby created an interest-bearing housing trust fund in a bank determined by the Mayor and Council by resolution at the annual reorganization meeting for the purpose of receiving development fees from residential and nonresidential developers All development fees paid by developers pursuant to this section shall be deposited in this fund No money shall be expended from the housing trust fund unless the expenditure conforms to a spending plan approved by COAH

F. Use of funds

(1) Money deposited in a housing trust fund may be used for any activity approved by COAH for addressing the Borough of Alpine's low- and moderate-income housing obligation Such activities may include, but are not necessarily limited to, housing rehabilitation, new construction, regional contribution agreements, the purchase of land for low- and moderate-income housing, extensions and/or improvements of roads and infrastructure to low- and moderate-income households and administrative costs necessary to implement the Borough of Alpine's housing element The expenditure of all money shall conform to a spending plan approved by the New Jersey Superior Court.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 625.

(2) At least 30% of the revenues collected shall be devoted to render units more affordable Examples of such activities include, but are not limited to, downpayment assistance, low-interest loans and rental assistance

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

(4) Development fee revenues shall not be expended to reimburse the Borough of Alpine for housing activities that preceded substantive certification or a judgment of repose.

G. Expiration of section Thus section shall expire if

(1) COAH dismisses or denies any prospective petition by the Borough of Alpine for substantive certification or the Superior Court declines to grant a judgment of repose

(2) COAH revokes substantive certification or its certification of this section or the Superior Court revokes the judgment of repose

A. There shall be no public garage in the borough

B. No property or lot in the borough shall be used to store vehicles of any kind, whether it be for the personal use of the owner or occupant or any other person or for pay to the general public, except where stored in a private garage as defined in § 220-2 of this chapter, except that where a property owner or occupant shall not have garage facilities on his/her hot, the owner or occupant may store or have on the property at any time not more than three noncommercial vehicles, except one of which may be a light truck not exceeding 1/2 ton in capacity, used exclusively by the owner or occupant of the lot

C. All other or further uses other than permitted above shall be a violation of this chapter and shall be prohibited

D. Garages.

(1) For a residence located within the R-A and R-R Zones there shall be a maximum of four (4) single garage doors or a maximum of forty (40) linear feet of access to a garage.

(2) For a residence located in any Zones other than an R-A and R-R there shall be a maximum of three (3) single garage doors or a maximum of thirty (30) linear feet of access to a garage.

**Webmasters Note: The previous subsection, D., has been added as per Ordinance No. 606.

A. Definitions As used in this section, the following terms shall have the meanings indicated

AUTOMOBILE TRAILER, TRAILER COACH OR TRAILER - Any vehicle or structure so designed and constructed in such manner as will permit occupancy thereof as sleeping quarters for one or more persons, or the conduct of any business or profession, occupation or trade, or used as a selling or advertising device, and so designed that it is or may be mounted on wheels and used as a conveyance on highways or city streets, propelled or drawn by its own or other motive power

B. Regulations No trailer shall be stored in any district or zone, except in a garage or accessory building erected in compliance with the provisions of this chapter The term "stored" as set forth in this section shall be so construed when the trailer, as defined, has been parked or standing for more than two consecutive days or for more than any three days in any ten-day period No trailer shall be connected to any utilities and shall not be used in any way for residence or business purposes

A. Definitions As used in this section, the following terms shall have the meanings indicated

PARKING SPACE - An off-street space accessible and available for the parking of one motor vehicle and having an area of not less than 200 square feet, exclusive of passageways and aisles appurtenant thereto, but not less than 10 feet in width and not less than 20 feet in length

B. Proximity to street line In a residence zone, no parking space shall be located closer to a street line than the front yard requirement of this chapter In a business zone, no parking space shall be within five feet of a street line, except as provided in § 220-7B of this chapter [Amended by Ord. No. 292]

C. [Amended by Ord. No. 186; Ord. No. 292; Ord. No. 416; Ord. No. 501] Required parking spaces Parking spaces shall be required as follows

(1) Residence zone. two spaces per dwelling unit

(2) R-4 Residential Zone parking requirements see § 220-7 of this chapter

(3) Club, community center or other place of public assembly one space for each five seats based upon a maximum seating capacity In any place not having seating for patrons or assemblage, there shall be one space for each five persons based on capacity attendance

(4) Whenever land in an R-R Zone is used for a golf course, a paved automobile parking area shall be provided on the grounds of sufficient area to provide 1 2 automobile parking spaces for each club membership, including house membership In addition to this provision, where any clubhouse shall contain sleeping accommodations, there shall also be provided one automobile parking space for each room of sleeping accommodation No parking area shall be located nearer than 75 feet to any adjacent residential property either within or without the borough other than the property to which such parking area is incident, nor shall the same be located nearer than 50 feet to any public street or other boundary line, and the same shall be completely screened from adjacent property owners either by appropriate landscaping or other suitable screening devices to be approved by the Planning Board No such landscaping or screening devices shall be approved by the Planning Board without a finding that the same adequately protect the property values of the adjacent property owners

(5) Houses of worship one parking space for each three seats in the largest assembly room plus one space per employee or staff member, for house of worship or accessory uses No outdoor overnight parking shall be permitted on the site

D. COAH-1 District a minimum of two parking spaces for each dwelling unit shall be provided, with each space having a minimum depth of 18 feet and a minimum width of nine feet [Added 10-25-2000 by Ord. No. 578]

**Webmasters Note: The previous title has been amended as per Ordinance No. 624.

A. Building permits and plans [Amended by Ord. No. 238; Ord. No. 272; Ord. No. 287; Ord. No. 310; Ord. No. 443]

(1) No building, structure or part thereof shall be erected, razed, moved, extended, enlarged, altered or demolished unless and until a permit has been granted by the Building Inspector Application shall be filed in triplicate with the Building Inspector by the owner or his/her agent and shall state the intended use of the structure and the land The application shall be accompanied by detailed plans and specifications, and new buildings or additions to buildings shall be accompanied by a plot plan showing finished grades, existing grades, open spaces, the established building lines within the block upon which the land is located and such other information as may be required to show that the proposed building or other structure shall comply with all the requirements of this chapter for the zone district in which the premises is located The plan shall be drawn to scale and shall show actual dimensions and fixtures All plans, specifications and plot plans shall be signed by a licensed architect or a licensed professional engineer of the State of New Jersey, provided, however, that the owner shall file an affidavit to that effect with the plans A plot plan, but only a plot plan, may be prepared and certified by a licensed land surveyor of the State of New Jersey

(2) No building permit shall be issued for the erection, raising, moving, extending, enlargement or alteration of any building or structure, or any part, unless a zoning permit is issued.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 624.

(3) The Construction Official shall collect a cash bond in all cases where an application requests a permit for renovation, alteration, repair or new construction, hereinafter called "improvement " The cash bond shall be in the amount of $500 when the cost of the improvement, in the estimation of the Construction Official, shall equal or exceed $5,000 The cash bond shall be in the amount of $200 when the cost of the improvement, in the estimation of the Construction Official, shall be less than $5,000 The applicant shall, during the course of such construction, regularly clean up all debris and dirt from the streets, sidewalks and curbing abutting the property for which the construction permit was issued Upon the completion of such renovation, alteration, repair or new construction, and the Construction Official and the appropriate subcode officials having inspected same and found it to be satisfactory, and, if applicable, the Borough Engineer having also determined that any and all damages to the streets, sidewalks and curbing abutting the property for which the permit was issued have been repaired and all debris and dirt deposited thereon has been properly cleaned, the cash bond, without interest, shall be returned to the applicant Patching of damaged curbs will not be accepted Removal and replacement of damaged curbs shall be required No certificate of occupancy shall be issued until the Borough Engineer has certified to the Construction Official, in wiring, that the curb complies with the requirements of the curb specifications as set forth in Chapter 192, Streets and Sidewalks, § 192-24 At the time of the return of the cash bond, the borough may charge the applicant a curb inspection fee, not to exceed $75 for each inspection All repairs to damaged curbs shall be at the applicant's expense

(4) Application for all buildings and uses other than one-family homes, and two-family homes, if applicable, shall comply with the submission and review procedures specified in Chapter 179, Site Plan Review

B. Zoning Permits.

1. Application for Zoning Permit. The zoning permit looks to the location and use of the building in light of the requirements of this Chapter, and certifies that such location and use is permitted, or that it exists as a nonconforming use and/or nonconforming structure, or is permitted by the terms of a variance. All zoning permit applications shall be made in writing by the owner or his authorized agent and shall include a statement to the use or intended use and shall be accompanied by a plan of the plot showing thereon the exact size, shape and location of all proposed structures and such other information as may be necessary to provide for the enforcement of this Chapter. The zoning permits shall be granted or denied within ten (10) business days from the date that a written application is filed with the Zoning Officer.

2. Issuance of Zoning Permit. Zoning permits shall be secured from the Zoning Officer prior to issuance of a building permit. It shall be the duty of the Zoning Officer to issue a zoning permit, provided that the Zoning Officer is satisfied that the proposed use conforms with all requirements of this Chapter. It is the applicant's responsibility that all other reviews and actions, if any, called for in this Chapter or any other Borough ordinance have been complied with and all necessary approvals secured therefor.

3. Denial of Zoning Permit. When the Zoning Officer is not satisfied that the applicant's proposed development will meet the requirements of this Chapter, the Zoning Officer shall refuse to issue a zoning permit. When an application for a zoning permit is denied, it is the duty of the Zoning Officer to specify what sections of the application are not in conformance with the zoning ordinance. The applicant may appeal to the Zoning Board of Adjustment.

4. Records of Zoning Permits. It shall be the duty of the Zoning Officer to keep a record of all applications for zoning permits issued, together with a notation of all special conditions involved. The Zoning Officer shall prepare a monthly report for the Borough Council, Planning Board, Zoning Board of Adjustment, and Tax Assessor, summarizing for the period since his previous report all zoning permits issued by him and all complaints of violations and the action taken by him consequent thereon.

5. Fees for Zoning Permits. There shall be a twenty-five ($25.00) dollar fee for an application for a zoning permit. The Zoning Officer can waive the fee on resubmittal of an application that was denied because the Zoning Officer was unable to review the application within the ten (10) day statutory review period.

**Webmasters Note: The previous subsection, B., has been added and the following subsections re-lettered as per Ordinance No. 624.

C. Certificate of occupancy [Amended by Ord. No. 262]

(1) No land shall be occupied or used, and no building hereafter erected or altered shall be occupied or used, in whole or in part, for any purpose whatsoever until a certificate of occupancy shall have been issued by the Construction Official stating that the premises or building complies with all provisions of this chapter

(2) No change or extension of use and no alteration shall be made in a nonconforming use of premises without a certificate of occupancy having first been issued by the Construction Official stating that the change, extension or alteration is in conformity with the provisions of this chapter

(3) A certificate of occupancy shall be applied for at the same time that the building permit is applied for and shall be issued within 10 days after the erection or alteration of the building A record of all certificates of occupancy shall be kept on file by the Construction Official and copies shall be furnished upon request of any person having a proprietary or tenancy interest in the building affected. A fee of $5 shall be charged for each original certificate of occupancy and $2 for each copy thereof

(4) No permit for excavation shall be issued before application has been made for a building permit and approved No building or premises for which a certificate of occupancy is required may be occupied until such certificate shall have been issued, but a temporary certificate of occupancy may be issued for part of a building The fee for issuing such temporary certificate shall be $5 and $2 for copies thereof

(5) In case the Building Inspector shall decline to issue a certificate of occupancy, his/her reasons for doing so shall be stated on copies of the application, and one copy thereof shall be returned to the applicant

(6) Any person occupying any land or building within the Borough before securing a certificate of occupancy shall be liable to a fine of up to $100 per day for each day that the offense is continued, within the discretion of the Municipal Judge Such violation shall be heard on summons issued by the Construction Official in the Municipal Court

D. Application fees for variances.

(1) Other than use variance. On all applications for a variance, other than a use variance, the application fee shall be $250, except that the fees on all applications involving additions to an existing residence shall be $100 if the value of the addition is $25,000 or less and $200 if the value of the addition is more than $25,000. In addition, the applicant shall deposit $2,000 in escrow with the Borough Clerk to be used to pay for the Boroughs legal fees, engineering expenses and any other costs incurred by the Borough and directly related to the variance application. Any unused portion of the escrow fee shall be returned to the applicant. If the expenses to the Board exceed the amount deposited, then the Board shall not give a final ruling until the applicant has made a deposit sufficient to pay for such additional expenses.

(2) Use variance. The application fee for a use variance shall be $200.00. In addition, the applicant shall deposit $2,000 in escrow with the Borough Clerk to be used to pay for the Boroughs legal fees, engineering expenses and any other costs incurred by the Borough and directly related to the variance application. Any unused portion of the escrow fee shall be returned to the applicant. If the expenses to the Board exceed the amount deposited, then the Board shall not give a final ruling until the applicant has made a deposit sufficient to pay for such additional expenses.

(3) Other applications The fee paid under this subsection shall be in addition to subdivision and site plan review fees which may be required under Chapters 195 and 179 of these revised general ordinances

**Webmasters Note: The previous subsection, D., has been amended as per Ordinance No. 668.