Subdivision and site plan design standards — See Ch. 62.
Redevelopment plans — See Ch. 118A.
Site plan review — See Ch. 127.
Subdivision of land — See Ch. 135.
Zoning — See Ch. 160.
§ 161-1Conditional uses.
§ 161-2Requirements for low- and moderate-income
§ 161-3Affordable housing development
§ 161-5Municipal Housing Liaison.
§ 161-6Down payment assistance program.
List of conditional uses.
Houses of worship.
Home occupation uses.
Senior citizen housing/life care facilities/assisted living.
Hotels, motels, motor courts, motor hotels and conference centers.
Adult bookstores and/or adult retail.
Public, private or parochial educational institutions.
New automobile sales and service facilities.
Fast food without drive-through or window facilities.
Single-family detached dwellings served by a centralized wastewater collection facility.
Apartments as accessory uses.
Fast food with drive-through or window facilities.
Nonclustered single-family detached dwellings.
Before a building permit or certificate of occupancy shall be issued for any conditional use as permitted by this chapter, application shall be made to the Planning Board. The Planning Board shall grant or deny said application within 95 days of submission of a complete application by a developer to the administrative officer, or within such further time as may be consented to by the applicant.
The review by the Planning Board of a conditional use shall include any required site plan review pursuant to this Code. Public notice and a hearing shall be required.
In all requests for approval of conditional uses, the burden of proof shall be on the applicant. The Planning Board shall give due consideration to all reasonable elements which could affect the public health, welfare, safety, comfort and convenience such as, but not limited to, the proposed uses, the character of the area, vehicular travel patterns and access, pedestrianways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and building and structure location(s) and orientation(s).
The following conditional uses shall be subject to the standards set forth in this section:
Houses of worship.
Minimum lot size shall be four acres without public water and/or public sewer, or three acres with public water and public sewer, except in the FA or FW Zones, in which case 20 acres shall be required. When a school is proposed as an additional use of the property, the minimum lot area required shall be the total of the areas required for each use. [See Subsection C(10) below for standards governing schools.]
Minimum lot width at the setback shall be 300 feet.
Minimum front yard shall be 100 feet.
Minimum side yard shall be 75 feet.
Minimum rear yard shall be 100 feet.
The maximum height of any structure shall not exceed 35 feet, except for steeples or other architectural features customarily associated with houses of worship and having extraordinary height requirements which shall be no higher than 60 feet above the finished grade.
No parking shall be closer than 30 feet to any property line.
The maximum permitted building coverage shall not exceed 20%.
The maximum permitted impervious coverage shall not exceed 50%.
The 25 feet closest to the property line or the public street shall be designed with berms and landscaping materials, with emphasis given to screening parking areas from the street and buffering the parking, the church structures and recreational areas from any neighboring residential properties.
Home occupations permitted as conditional uses. Home occupations which require more extensive use of a dwelling and are more visible to the public are permitted as conditional uses. If a use cannot meet the limits of one or more of the following conditional use standards, one must apply to the Zoning Board of Adjustment for a variance in accordance with N.J.S.A. 40:55D-70d(3), a conditional use variance. The standards are listed below:
The use must meet the definition of home occupation in this Code.
Buildings/lots permitted for home occupations. Home businesses may only be permitted within the principal and conforming building on a conforming lot in accordance with the requirements of the applicable residential zone. Furthermore, the principal building must meet all bulk and area requirements.
Floor area devoted to home occupations. The area of a dwelling used for the activities of a home occupation may not exceed 35% of the total gross floor area of the dwelling, or 600 square feet, whichever is less. Also, all home occupation activities must take place indoors within the designated and permitted floor area.
Number of nonresident employees. No more than one nonresident employee may be permitted to work within the home occupation.
Number of visitors permitted. Those individuals, clients, customers, patients, and patrons who visit the subject home occupation for business purposes shall be limited to no more than two individuals on the property at any one time.
Deliveries. No goods, materials, supplies or items of any kind may be delivered either to or from the premises, except in a passenger vehicle or step-type van; and no materials, supplies, equipment, or other items may be stored on or about the exterior of the property or on or in an open truck or trailer.
Sales products. Sales shall be incidental to the home occupation and home professional. There shall be no exterior display of products.
Hours of operation. Business hours for the home occupation may not extend beyond the period between 8:00 a.m. and 8:00 p.m. Although residents of the home occupation may conduct business beyond the designated hours, no nonresident employee or business-related visitors may be on the property for business reasons beyond the designated business hours.
Parking. Off-street parking shall be provided for the home occupation in accordance with Chapter 160, Zoning.
Business vehicles. No more than one business vehicle may be parked on the property at any one time, and no such vehicle shall exceed 8,000 pounds registered vehicle weight.
Exterior appearance of the site. Any property used as a home occupation shall have no visible exterior characteristics which do not completely conform to those of a typical residence. This applies to the site, architecture, signs, lighting and any other features.
Impacts. No measurable impacts, such as noise, vibrations, dust, odors, fumes, smoke, or glare, may be caused by the home occupation. Also, no equipment may be utilized which interferes with radio or television reception within the area.
Certificate of occupancy. A certificate of occupancy shall be required for the floor area devoted to the home occupation.
Minor site plan approval. A home occupation requiring a conditional use approval shall receive minor site plan approval in order to operate.
Prohibited home occupation. The following activities are specifically prohibited within the context of permitted home occupations: animal hospitals or shelters, commercial stables, kennels, funeral parlors or undertaking establishments, restaurants, lodging, or any type of retail or wholesale business.
Senior citizen housing/life care facilities/assisted living.
No site shall contain less than five acres.
The maximum residential density shall not exceed 4 1/2 dwelling units per gross acre.
The maximum building height shall not exceed 30 feet, whichever is greater.
Parking shall be provided in accordance with the New Jersey Residential Site Improvement Standards.
Individual dwelling units shall meet or exceed minimum design requirements specified by the New Jersey Housing Finance Agency.
A land area or areas equal in aggregate to at least 250 square feet per dwelling unit shall be designated on the site plan for the recreational use of the residents of the project.
Prior to any Township approval, the following prerequisites shall have been accomplished:
Verification that there are adequate utility services and support facilities for the project.
Assurance that the occupancy of such housing will be limited to households, the single member of which, or either the husband or wife of which, or both, is/are 55 years of age or older, or as otherwise defined by the Social Security Act, as amended, except that this provision shall not apply to any resident manager and family resident on the premises.
Verification of preliminary approval of the project by any state or federal agency which finances or assists the financing or operation of such housing.
Nursing care units shall not exceed 85 units.
All other applicable requirements of the Ordinances of the Township of Evesham must be satisfied.
The minimum lot size for service stations shall be 20,000 square feet, and the minimum frontage shall be 150 feet.
No service station/auto repair shop shall be located within 500 feet of any fire house, school, playground, church, hospital, public building or institution or within 2,000 feet from an existing service station.
All appliances, pits, storage areas and trash facilities, other than gasoline filling pumps or air pumps, shall be within a building. Gasoline filling pumps and air pumps shall be permitted within the required front yard space of service stations but shall be no closer than 50 feet to any right-of-way line. Canopies designed to protect the pumping area may be located within 40 feet of any right-of-way line. All lubrication, repair or similar activities shall be performed in a fully enclosed building, and no dismantled parts shall be displayed outside of an enclosed building.
No junked motor vehicle or part thereof, or motor vehicles incapable of normal operation upon the highway, shall be permitted on the premises of any service station. If more than three motor vehicles incapable of operation shall be located at any one time upon the exterior premises except, however, that not more than six motor vehicles may be located upon any service station premises outside a closed or roofed building for a period of time not to exceed seven days, providing that the owners of said motor vehicles are awaiting their repair or disposition.
Landscaping shall be provided in the front yard area equal to at least 25% of the front yard area, and such landscaping shall be reasonably distributed throughout the entire front yard area.
The exterior display and parking of motor vehicles, trailers, boats or other similar equipment for sale shall not be permitted as part of a service station.
Service stations may be permitted one freestanding sign and one sign attached flat against the building. The freestanding sign shall not exceed an area of 20 square feet and shall be set back at least 20 feet from all street rights-of-way and lot lines. The attached sign shall not exceed 30 square feet in area.
Any service station which includes a convenience shop selling retail goods such as beverages, packaged food goods or sundries shall provide parking in accordance with Chapter 160, Zoning. Such parking shall not interfere with aisles or lanes for servicing vehicles. The Board shall consider distance to adjacent residential neighborhoods and the safety of pedestrians from such neighborhoods to the service station.
All other applicable requirements of this chapter must be satisfied.
Car washes, vehicle rental uses, parking for a fee or other activity specifically a part of the operation of the service station are permitted. In such cases, all other standards of this chapter for these uses must be maintained, in particular, parking, stacking lane length and buffering.
All performance criteria of the Commercial-1 Zone shall be satisfied.
Maximum floor area ratio shall be 0.25.
Floor area ratio can be increased to 0.30 if structured parking is used to accommodate at least 50% of the parking demand for the center.
Restaurants, barbershops, gift shops, health spas, magazine/newspaper stands and similar uses shall be permitted as accessory uses, provided they have no outside building access for customers and no outside advertising.
Occupancy in any hotel, motel, motor court or motor hotel shall be limited to no more than 14 days in any thirty-day period, regardless of any room or unit changes by any such occupant during any such time period.
Every hotel, motel, motor court or motor hotel shall keep and maintain records of the names, addresses and dates of occupancy for all persons who occupy a room or unit at such hotel, motel, motor court or motor hotel.
The records required under Subsection C(5)(f) above shall be produced for inspection and/or copying by the Township’s Zoning Officer, or such other person designated by the Township Manager.
In the event of a declared federal, state, county or local emergency, the Township Manager may waive the limits upon the duration of any occupancy set forth in this subsection.
Individual units or rooms may not contain a range-top cooking facility. Microwave ovens and mini-refrigerators are permitted as an amenity.
Adult bookstores and/or adult retail.
Purpose. These regulations are adopted in furtherance of all of the public purposes of municipal zoning and planning, including, but not limited to, guiding the appropriate use and development of the Township of Evesham in a manner which will promote the public health, safety, morals and general welfare, and in order to meet the needs of citizens of the Township of Evesham and of the State of New Jersey, while maintaining the quality and character of the Township of Evesham and deterring the growth and spread of blight and crime (especially prostitution, sexual offenses, public indecency, and related offenses). It is recognized that there are some uses commonly known as "adult" uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when those uses are located near residential areas or in other inappropriate locations, or without sufficient showing that those uses in a specified location will comply with the conditions and standards for the location and operation of those uses. Therefore, special regulation of these objectionable adult uses is deemed necessary to ensure that adverse effects will not contribute to the blighting or downgrading of the Township of Evesham. In no way is the fact that the Township of Evesham regulates any or all of the adult uses described herein, or prohibits or allows them in the various zoning districts, to be construed as approval of or condoning of those uses.
No lawful adult use shall be located within 1,000 feet of any residential district, single-family or multifamily dwelling; within 1,000 feet of any existing house of worship; within 1,000 feet of any religious, charitable or nonprofit institution, public community center, park, playground, recreation center, or similar use; within 1,000 feet of any premises licensed for the sale or distribution of alcoholic beverages; or within 1,000 feet of any public or private school, nursery or child-care center. The foregoing distance limitations shall be measured by a straight line drawn from the nearest point of the lot boundary on which the proposed adult use is to be located to the nearest point of the lot or district boundary, as the case may be, of the other use or district, and those uses, district boundary lines and dimensions shall be indicated on the submitted site plan. No permitted adult use shall be located within 1,000 feet of any existing residential use or residential zone in the Township of Evesham or in any contiguous municipality.
Adult uses must be located in a freestanding building which will include a buffer zone to separate it from family-oriented businesses.
Adult uses in buildings having a capacity of 50 or more persons are excluded from all zones.
Signs shall meet the requirements specified for industrial park activities in the IP District; additionally, no specified anatomical areas or specified sexual activity shall be shown, described or depicted on any signs, advertisements, displays or exhibits that are visible from outside the building.
The interior of the adult use building shall be designed so that no interior contents of the building are visible at any time from the outside through windows, door openings or in any other manner.
The interior of any building in which an adult use is located shall be adequately lighted and shall be constructed so that every portion thereof is readily visible without obstruction to the clerk or other person in charge of the building from the counter, booth, cash register or other place where the person is normally stationed.
All other applicable requirements of the IP District and of the Zoning and Land Development Ordinances of Evesham Township shall be met.
Hours of operation shall not be earlier than 9:00 a.m. nor later than 12:00 midnight, prevailing time, on weekdays, and no operation shall be permitted on Saturdays and Sundays.
Billboards, including all off-premises advertising signs, are permitted in the IP District only.
All standards applicable to freestanding signs in the applicable district shall be applicable to billboards, specifically including requirements regarding height, area, buffers and setback.
Billboards shall require site plan approval from the Board.
The site plan shall require the provision and maintenance of a clear sight triangle whenever located on a corner lot.
It is hereby determined that billboards are not appropriate for inclusion in certain districts where the character, identity and integrity of the district could be adversely affected by such signs. Accordingly, no billboards shall be permitted in any district other than the IP District.
All other development standards of the IP District shall be satisfied.
The principal building shall be a minimum of 2,500 square feet, and the total floor area of the principal building shall not be more than 20% of the total lot area.
All mechanical activities must be conducted within a totally enclosed building.
One sign shall be permitted, either freestanding or attached, not exceeding an area equivalent to 5% of the first floor portion of the front facade or 75 square feet, whichever is smaller. Freestanding signs shall be set back at least 25 feet from all street and lot lines.
All of the other area, yard, building coverage, height and general requirements of the respective zone must be met.
Other development standards of the applicable zone shall be satisfied.
Public, private or parochial educational institutions.
Public and private schools offering early childhood, elementary and/or secondary secular or religious education instruction and approved by the State of New Jersey shall be located on a lot of no less than two acres in size or twice the minimum lot size of the zone within which such use is conditionally permitted, with a minimum lot width of 200 feet.
No building shall be located within 50 feet of a lot line.
No accessory use shall be located within 25 feet of a lot line.
The use shall have direct access to a street classified as other than a local street as shown in the Evesham Township Master Plan.
A planted buffer area of not less than 15 feet in depth and fencing or both shall be required between all parking areas, outdoor facilities and adjacent lot lines. This provision may be waived if natural topography, wetlands or other natural or man-made features adequately separate parking areas from adjoining residentially zoned land.
Parking shall be required in accordance with the standards set forth in Chapter 160, Zoning. Sufficient space for school bus loading and unloading shall be provided.
Other development standards of the applicable district shall be satisfied.
New automobile sales and service facilities.
Minimum lot size shall be two acres.
Minimum frontage shall be 150 feet.
Minimum front yard setback shall be 50 feet.
Minimum side yard setback shall be 25 feet.
Minimum rear yard setback shall be 30 feet.
Off-street parking requirements shall meet the standards provided elsewhere in Chapter 160, Zoning.
Buffers shall comply with those of office uses.
Fast food without drive-through or window facilities.
The restaurant shall be either situated as one of the stores in an existing shopping center development or shall be newly constructed in a manner such that it shall be physically attached to a shopping center structure. Such shopping center must be a minimum of 8,000 square feet.
The restaurant must provide trash and recycling receptacles both inside and outside the building. Those receptacles placed outside must be secured and visually compatible with the overall development.
If outdoor seating is proposed, the applicant must demonstrate that a clear sidewalk area a minimum of six feet in width will be maintained.
Signage shall conform to the zone district.
There shall be 60 square feet of operating area for each machine. The calculation of the operating area shall exclude any area of the premises which is used for other purposes, such as for eating, toilet facilities and other uses not directly associated with or essential to the amusement machines, but shall include access and walkways primarily serving the machine.
A minimum of 1,500 square feet of operating area shall exist.
A maximum total number of machines shall be 40.
Off-street parking shall be provided at a ratio of one off-street space for each two licensed machines.
Adequate special parking facilities for bicycles, mopeds and motorcycles shall be provided as determined by the Planning Board as part of site plan review.
No such enterprise shall be located closer than 1,000 feet to a primary or secondary school, measured door to door.
No sound from any licensed machines shall be discernible in any adjacent premises.
Food and beverages may be prepared and/or dispensed as an accessory use to a primary use, provided that the amount of area devoted to the storage, preparation, serving and consumption shall not exceed 25% of the gross floor area of the primary use and shall comply with all other applicable ordinances.
No device shall be placed within 30 feet of an entry or exit of the premises.
In considering the approval of such premises as a conditional use, the Planning Board shall consider the potential impact of the use at the proposed location on such factors as traffic circulation and safety, the impact on surrounding businesses and residences and any potential detrimental effects to the health, safety and welfare of the citizens of Evesham Township.
Single-family detached dwellings served by a centralized wastewater collection facility.
The minimum lot area for a single-family detached dwelling shall be six acres.
The lot proposed for development, together with all contiguous lands in common ownership, shall be considered as one parcel.
A maximum of one single-family detached dwelling may be developed. All development must meet the standards contained in N.J.A.C. 7:50-6, with the exception of N.J.A.C. 7:50-6.84(a)4.
The parcel proposed for development must adjoin the RG-1, RG-2 or OP Zones.
Sewer service may be provided to existing uses on the parcel but must be provided to any existing use which does not meet the standards of N.J.A.C. 7:50-6.
The physical connections to the sewer collection system must be designed and located in such a way that they do not facilitate future connections to parcels not otherwise qualifying for sewer service as a conditional use.
The remainder of the parcel not assigned to individual residential lots, including all contiguous lands in common ownership, shall be dedicated as open space through recordation of a restriction on the deed to the property with no further development permitted except agriculture, forestry and low-intensity recreational uses or consistent with any future rezoning of the parcel by the Township if approved by the Pinelands Commission.
For theater uses requiring more than 300 parking spaces, unimpeded access (both ingress and egress) shall be provided from the property upon which the theater use is located directly onto a major arterial street. To provide the direct access required under this section, the property upon which the theater structure is located must be contiguous and adjacent to a major arterial street, and the direct access must be located within the frontage of the theater property along and upon a major arterial street.
A safety and security plan shall be submitted identifying measures to be followed in the operation of the premises, including, but not limited to, the following: number of security guards, fire evacuation plans, emergency vehicle access and measures for patron safety.
A pedestrian circulation plan including sidewalks, bikeways, bikepaths and other facilities required by the Evesham Township Master Plan and this chapter shall be submitted to adequately separate vehicular movements from pedestrian traffic within the site proposed for development.
The required traffic impact study report (§ 15-26) must demonstrate that the conditional use will not adversely impact traffic safety and/or traffic levels of service in the surrounding neighborhoods.
A site signage plan shall be submitted at the time of preliminary application. This plan must include site directional, informational, attached, freestanding, and safety signage. Colors, materials, height, and methods of illumination must be included.
Freestanding signs shall be limited to a theater identification sign. A list of individual movies or events shall not be permitted.
Attached signs shall be limited to a total square footage not to exceed 200 square feet for the purpose of identifying the movies or events in the theater.
In addition to the buffering requirements of § 160-17, the proposed conditional use must satisfy the following distances from existing adjoining zones or uses, measured from the outbound property line of the site proposed for development:
A patron pickup and dropoff area, consisting of a minimum of two physically separated fourteen-foot-wide, one-way lanes shall be provided adjacent to the building facade containing the main theater entrance, in a location which does not interfere with the vehicular or pedestrian circulation that would otherwise be required. Short-term stopping spaces provided in these dropoff lanes shall be in addition to the number of required off-street parking spaces and shall only be used for pickup and dropoff of passengers.
Outdoor storage. Outdoor storage of any kind as an accessory use of a nonresidential use, as permitted by the district.
Outside storage shall be located no closer than 100 feet to any street, or, if located in a side yard area along a building, it must be behind the front half (based on the average building depth) of the building, whichever results in a greater setback.
If outside storage is proposed for the side yard along a building or behind the front yard area of a corner lot, it must be screened with a wall, solid fence or berm to a height no greater than eight feet. This screening must be accompanied by landscaping, which must include a combination of evergreen and deciduous materials designed in conjunction with the overall site landscaping plan.
Materials stacked within an outside storage area shall not be stacked higher than the height of the screening material or eight feet, whichever is less.
Outside storage shall be placed at least 20 feet from any property line, except in the rear yard area, where the setback may be reduced to 10 feet where the length and use of the lot and the nature of the adjoining uses make the full setback not practical or not necessary.
Outdoor storage shall not cover more than 10% of the lot.
Outdoor storage adjacent to a residential district or use shall be screened to the same extent as described for a high screen in § 160-17D(6)(b).
A request for outside storage must be accompanied by a complete site plan, landscaping plan and cross sections, where appropriate. If planned for an area adjacent to a residential district or use, the plan must indicate the location of all residential structures within 200 feet of all property lines, and a general description and plan of the existing vegetation along the common boundary line must be provided.
Apartments as accessory uses.
Where provided in this chapter, apartments are permitted only when accessory to the permitted uses in a district.
Apartments may not be located on the first floor.
No more than four apartments shall be provided as accessory uses on any one lot.
The floor area of a structure devoted to accessory apartments must be less than the floor area devoted to the principal permitted use.
Parking shall be provided in accordance with the New Jersey Residential Site Improvement Standards.
Helistops. Helistops, when authorized by the Planning Board as a conditional accessory use, are subject to the standards set forth in § 161-1B and the following requirements:
A helistop may be permitted by the Planning Board as a conditional accessory use when the principal use is an approved industrial or office use in the C-1 Commercial or IP Industrial Park Zoning Districts.
The site must be located within one mile of the center line of New Jersey State Highway Route 73, measured in a straight line.
Such facility shall meet all of the requirements for the issuance of a helistop private use license, by the Division of Aeronautics, Department of Transportation, State of New Jersey.
Flights from the proposed helistop, including landings and takeoffs, will conform to all federal laws and regulations of the Federal Aviation Administration.
With regard to the landing and takeoff pads or sites:
They shall not exceed 150 feet in width in the C-1 Commercial or IP Industrial Park Zoning Districts.
They shall be of dust-free surface (such as properly maintained grass) or pavement but, if pavement, shall conform to specifications required for construction of local streets.
Flight patterns for helistop approaches and departures should follow Route 73 and Route 70 whenever possible so as to minimize disturbance to residential areas.
Adequate parking for the helistop shall be provided as approved by the Planning Board.
Landing pads must be set back a minimum of 15 feet from a lot line adjoining a nonresidential use or zoning district and must be set back a minimum of 40 feet from a lot line adjoining a residential use or zoning district. Buffering and screening must be provided consistent with the requirements of § 160-17. Where a planned office or industrial development includes more than one tax lot and is under common ownership and management, the planned development may be considered one lot for the purposes of this subsection.
A helistop in the Commercial or Industrial Park Districts shall not include a hangar and repair facility.
All helistops shall permit use by police and medical emergency helicopters.
Takeoffs and landings shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.
Fueling facilities shall not be permitted.
Fencing may be required in accordance with the standards set forth by the Federal Aviation Administration.
Identification markings shall be placed flush on the landing and takeoff pad. Company logos may be used on single user helistops. Letter and logo marking shall not exceed 50 feet by 40 feet.
Rooftop helistops are prohibited.
Wind socks and other navigational instruments are permitted, but may not exceed 25 feet in height.
Adjacent tall buildings and similar objects in the flight path may be marked for safety purposes if required by outside agencies.
A directional and safety sign program shall be submitted with the application.
A primary approach/takeoff path alignment with the prevailing winds shall be designated.
Fast food with drive-through or window facilities.
The restaurant shall be either situated as one of the stores in an existing shopping center development or shall be newly constructed in a manner such that it shall be physically attached to the existing shopping center structure.
Such shopping center development shall be situated on a site not less than 2.5 acres (108,900 square feet) in size and shall consist of structures not less than 20,000 square feet of floor area.
The applicant shall submit traffic studies to establish the nature and extent of the anticipated customer volume and that such volume can be accommodated at the proposed location without substantial adverse impact upon the required or existing on-site parking and on vehicular movements within the shopping center complex as a whole.
For drive-through restaurants, one freestanding menu board sign is permitted in addition to other permitted signs, not to exceed 20 square feet.
Drive-through lanes must be buffered from adjacent properties with evergreen trees. If adjacent properties are residential, a fence will also be required.
If constructed as a new or additional structure, the facility shall be structurally and aesthetically integrated with the overall development, including but not limited to such considerations as materials, color, and height. Under no circumstances shall the restaurant be constructed as a freestanding building unless it is an expansion of an existing freestanding structure.
Signage shall conform to the zone district.
Nonclustered single-family detached dwellings. Single-family detached dwellings in the FA, FW, RD-1, RD-2, RD-3 or EP Districts which are not clustered in accordance with the standards of § 160-19D may be permitted as a conditional use, provided that:
The Planning Board finds that:
Definitions. For the purposes of this § 161-2, certain words and phrases are defined as follows:
- AFFORDABLE DWELLING UNIT
- A low- or moderate-priced dwelling unit as defined herein.
- AFFORDABLE RENTAL CHARGES
- A monthly rent excluding utilities charged to an eligible low- or moderate-income family which shall not exceed 30% of their monthly gross income.
- AFFORDABLE SALES PRICE
- A sales price to an eligible low- or moderate-income family which does not require the family to spend more than 28% of monthly gross family income toward total monthly housing costs for sales units.
- A family which applies for certification as a qualified purchaser or renter for a specific unit.
- APPLICATION FOR INITIAL PURCHASER OR RENTER
- The form provided by the management of the affordable housing development to be filled out by applicants who wish to be certified by the office as eligible families.
- APPLICATION FOR RESALE OR RERENT
- The form provided by the office to be filled out by applicants who wish to be certified as eligible and placed on the waiting list for the size of unit desired.
- APPROVED IMPROVEMENTS
- Those improvements made by the initial or subsequent owner with the approval of the office.
- The approval by the office of an applicant as an eligible purchaser or renter for a low- or moderate-income unit.
- The New Jersey Council on Affordable Housing.
- ELIGIBLE LOW- OR MODERATE-INCOME FAMILY
- A family consisting of one or more persons living together as a housekeeping unit whose gross aggregate family income does not exceed the limits established in this section.
- GROSS AGGREGATE INCOME
- The total income from all sources of all members of the household or family, as determined and adjusted in accordance with the rules and regulations set forth by the office. Consideration shall also be given to assets for which inadequate or no income is shown as the office deems appropriate based upon the U.S. Department of Housing and Urban Development (HUD) guidelines regarding assets for the Section 8 or any successor program.
- The U.S. Department of Housing and Urban Development.
- INCLUSIONARY DEVELOPMENT
- A residential housing development in which at least 20% of the housing units in the development are provided for low- and moderate-income households.
- INCOME CEILING ON LOW- OR MODERATE-INCOME LEVELS
- Up to 50% of the median regional income for low-income; and up to 80% of the median regional income for moderate-income as established by HUD Burlington County, New Jersey PMSA, with adjustments as established by HUD for families of different sizes.
- INITIAL PURCHASER OR RENTER
- The first eligible low- or moderate-income family to occupy an affordable dwelling unit.
- LOW- AND MODERATE-PRICED DWELLING UNITS
- Rental or sales dwelling units approved or constructed pursuant to the municipal ordinances to provide housing for families of low or moderate income as defined in this section.
- MEDIAN INCOME
- Refers to the average annual median family income for the PMSA for Burlington County, New Jersey, as computed, published and adjusted for household size by HUD of such successor amount as shall be prepared and so adjusted by an entity or entities of the federal government, or such area or such amount that may be accepted pursuant to order by COAH for the purpose of establishing median family income to determine housing price levels.
- The office of housing and redevelopment of the municipality.
- The family holding title to a dwelling unit in the case of a sales unit, or the developer or subsequent acquirer of the development in the case of rental dwelling units.
- QUALIFIED PURCHASER OR RENTER
- Refers to a person:
Who submits an application for certification as a qualified purchaser or renter to the management of the unit which that person wishes to purchase or rent;
Whose gross aggregate family income at the time of the proposed purchase or rental of an affordable unit is within low- or moderate-income levels, as defined herein; and
Who obtains certification as a qualified purchaser or renter of an affordable unit from the office as set forth in this section.
- Those restrictions on sale, resale, rental, or rerental of housing units whether through this section or through deed.
- SUBSEQUENT PURCHASER or SUBSEQUENT RENTER
- Each and every purchaser or renter after the initial purchaser or renter of an affordable unit.
- TOTAL MONTHLY HOUSING COSTS FOR RENTAL UNITS
- Total rent paid excluding utilities.
- TOTAL MONTHLY HOUSING COSTS FOR SALES UNITS
- The total of the following monthly payments associated with the cost of the housing mortgage payment (principal, interest, private mortgage insurance), together with applicable assessments by homeowner associations; real estate taxes, and fire, theft and liability insurance.
- UNIT DISTRIBUTION
- The distribution of efficiency, one-bedroom, two-bedroom and three-or-more-bedroom units.
- Electric, gas, and heat and shall exclude water, sewer, common electricity, garbage collection, telephone and cable television.
- WAITING LIST
- The list of eligible families who were unable to purchase or rent a unit at initial sale or rental and are waiting to purchase or rent a unit as such units become available.
Eligibility requirements. Prospective purchasers or renters must be eligible low- or moderate-income families as defined under § 161-2A.
Priority. Priority shall be given to those households who live and work in New Jersey on a regional basis as designated by COAH. In this case, the Township of Evesham, Burlington County, is located within COAH's Housing Region V, which includes Camden, Burlington, Gloucester and Mercer Counties.
Waiting list. At the time when all units in any category (e.g., efficiency, one- or two- or three-bedroom units for low- or moderate-income families) have been sold or rented, the office will establish a waiting list for the purchase or rental as the units become available in the future. The families on the waiting list will be ranked according to the same priority ranking standards as set forth for the initial selection of sale or rental units.
Recertification. The director of the office shall submit policy and procedure changes to the governing body, including procedures on recertification of families on the waiting list, to ensure the list remains current and families on the list are qualified for the units for which they applied.
Application procedure: initial sales and initial rental. The developer will provide applicants with application forms approved by the office. Applicants will return the completed forms to the developer for the units desired. Forms must be filled out completely. Knowingly or intentionally making any false statements in a form shall be grounds for disqualifying an applicant, even if the applicant otherwise meets the requirements of this section. Those applicants who, after the necessary income and other checks by the developer, are found to meet the criteria will, prior to the sale or rental of the unit, have their applications and completed authorization to release financial information form, where applicable, sent by the developer to the office for certification. Those applicants who do not meet the criteria, have not submitted a completed application, or for whom no unit is available will be so notified by the developer. Copies of these notifications will be sent to the office. Those applicants who meet the criteria but for whom there is no unit available will be contacted by the office to determine if they wish to be placed on the eligible waiting list. The developer will upon request of the office make all applications and inquiries available for review by the office.
Application procedure: resale and rerental. Applicants will pick up forms from the office. Applicants will return the completed forms for the units desired to the office for review to determine eligibility based on the criteria and priorities set forth by the COAH and this section. Applicants will be notified as to their eligibility and/or placement on the waiting list. Forms must be filled out completely. Knowingly or intentionally making any false statement in a form shall be grounds for disqualifying an applicant, even if the applicant otherwise meets the requirements of this section.
Initial or subsequent owners of affordable housing units must maintain the unit as their prime residence. In addition, they may not lease their units.
Initial or subsequent renters of affordable housing units must maintain the units as their prime residence. In addition, they may not sublet their units.
Affordable sales price.
The preliminary affordable sales price shall be determined such that the sum of the monthly payments for principal, interest, mortgage insurance, real estate taxes, fire, theft and liability insurance and homeowners' association fees, if any, does not exceed 28% of the maximum income for low-income or moderate-income families as set forth in the rules and regulations of the COAH.
The following assumptions shall be made:
A 10% down payment requirement and a thirty-year mortgage term with a fixed interest rate shall be assumed in making this application.
In calculating the monthly interest payment, the interest rate provided by the developer and approved by the office shall be utilized. All interest rates or permanent financing proposals, including points, application fees, origination fees, mortgage insurance, other fees and the assurance that such mortgages are available, will be submitted to the office by the developer at least 30 days prior to the advertising of the units and review by the office. The office will, in writing, disapprove or make recommendations to the developer regarding modifying the proposals.
The final sales price of units designated for low-income families shall be set by the office in compliance with the pricing stratification rules and regulations of the COAH, in order to assure that the unit is affordable to a range of families whose income is less than the low-income ceiling. The final sales price assumes a family of one for an efficiency unit, a family of two for a one-bedroom unit, a family of three for a two-bedroom unit, a family of five for a three-bedroom unit and a family of six for larger units.
The final sales price for units designated for moderate-income families shall be set by the office in compliance with the pricing stratification rules and regulations of the COAH in order to assure that the unit is affordable to a range of families whose income is less than the moderate-income ceiling. The final sales price assumes a family of one for an efficiency unit, a family of two for a one-bedroom unit, a family of three for a two-bedroom unit, a family of five for a three-bedroom unit and a family of six for larger units.
Developers of affordable sales units may sell their units only to families qualifying as low- or moderate-income as the applicable case may be.
No new affordable sales unit may be sold to the first owner for a price higher than the maximum sales price as set by the office in accordance with the pricing stratification rules and regulations of the COAH.
Affordable rental charges. The following procedure shall apply to determine affordable rental charges upon rental of an affordable rental unit:
A preliminary rental charge shall be calculated such that the sum of the monthly rental payment, excluding utilities, does not exceed 30% of the low- or moderate-income ceiling.
If the cost of utilities is included by the developer in the monthly rental charge, an estimated monthly cost for the utilities included in the rent shall be calculated by the office for each unit type using HUD Section 8 guidelines or successors thereto. This estimated charge will be added to the average rent to determine the maximum rental charge that may be imposed for each low- and moderate-income unit.
The average rental charge to a low-income family shall be 90% of the preliminary rental charge, plus the cost of utilities included in the rent, in order to assure that the unit is affordable to a range of families whose income is less than the low-income ceiling. The preliminary and average rental price assumes a family of one for an efficiency unit, a family of two for a one-bedroom unit, a family of three for a two-bedroom unit, a family of five for a three-bedroom unit and a family of six for larger units.
The average rental charge to a moderate-income family shall be 90% of the preliminary rental charge, plus the cost of utilities included in the rent, in order to assure a reasonable income distribution of moderate-income families. The preliminary rental charge assumes a family of one for an efficiency unit, a family of two for a one-bedroom unit, a family of three for a two-bedroom unit, a family of five for a three-bedroom unit and a family of six for larger units.
Annual rent increases for low- and moderate-income rental units shall not exceed the average interest increases in median income for the Burlington County PMSA as established by HUD. There shall be no more than one rental increase per annum. Rental charges shall not be increased without the prior written approval of the office. This approval shall be granted by the prior written approval of the office. This approval shall be granted by the office if the average HUD median-income levels are not being exceeded.
Developers and owners of affordable rental units may rent their units only to families qualifying as low- or moderate-income as the applicable case may be except as may be permitted otherwise in this section.
No unit may be rented to the first occupant at a rental charge higher than the average rental price, plus utilities included in the rent.
Preliminary and final prices.
For the purpose of determining maximum sales prices and preliminary and average rental charges, Tables 1 through 4 included at the end of this § 161-2 may be used as a guide.
Table 1 contains the maximum affordable sales prices for low-income condominium ownership.
Table 2 contains the maximum affordable sales prices for moderate-income condominium ownership.
Table 3 contains the preliminary and average affordable rental charges excluding utilities for low-income units.
Table 4 contains the preliminary and average affordable rental charges excluding utilities for moderate-income units.
The following assumptions were made in preparing the sales table:
A 10% down payment and a mortgage with a fixed interest rate, thirty-year term.
The property tax rate of $5.65 per $100 assessed value. Assessed value was determined by taking 41.24% of the purchase price.
Fire and theft insurance for personal property and liability insurance was estimated to be $120 per annum.
Condominium fee of $396 per annum. This includes fire insurance for the unit.
Developers shall submit to the office the various sales prices as set by the COAH housing pricing stratification rules and regulations and/or preliminary rental and average rental charges for all affordable dwelling units within 30 days prior to the advertisement of the availability of affordable housing units. Included in the submission for sales units shall be the appropriate documentation regarding down payment, mortgage term, mortgage interest rate approved by the office, property tax rate per $100 assessed valuation, points, and origination fees, other fees, property taxes, fire, theft, liability insurance and condominium fees if applicable. For affordable rental units, the submission shall include the preliminary rent excluding utilities, utility costs included in rental payments and the average rent. The office shall approve or modify the average sales price and/or average rental cost within 15 working days from receipt of the sales or rental submission.
Resale or rerental.
Resale and rerental restrictions shall be included in the deed for each affordable housing unit. Such restrictions shall run with the land and the subject unit, and the restrictions as set forth in this section may not be terminated for a period of 20 years.
Owners of low- or moderate-priced sales units may sell their units only at or below the maximum resale price as calculated herein. Owners of low- or moderate-rental units shall, upon rerental, rent their units as per § 161-2E(6). Affordable dwelling units may be resold or rerented only to families qualifying as low- and moderate-income, as the case may be, except as set forth in this section. Owners of affordable units being offered for resale or rerental shall notify the office, in writing, indicating the type of unit available. The office, through its waiting list, shall provide the owner with a listing of eligible purchasers or renters.
The owner will contact the eligible purchaser(s) or renter(s) to examine the unit. For resale units, prior to the viewing of the unit, the office will have the municipal housing inspector inspect the unit for code violations.
The owner of an owner-occupied affordable housing unit for sale shall not sell the unit at a resale price greater than an established base price plus the allowable percentage of increase as determined by the Index applicable to the municipality in which the unit is located. However, in no event shall the approved resale price be established at a lower level than the last recorded purchase price.
The owner shall not sell the affordable housing unit to anyone other than a purchaser who has been certified utilizing the income verification procedures established by the office to determine qualified low- and moderate-income-eligible households.
An owner wishing to enter a transaction that will terminate controls as specified shall be obligated to provide a notice of intent to sell to the office and COAH. An option to buy the unit at the maximum restricted sales price as calculated by the Index shall be made available to Evesham Township, the office, or a qualified nonprofit organization as determined by COAH for a period of 90 days from the date of delivery of the notice of intent to sell. The option to buy shall be by certified mail and shall be effective on the date of mailing to the owner.
If the option to buy is not exercised within 90 days pursuant to Subsection H(6) above, the owner may elect to sell the unit to a certified income-eligible household at the maximum restricted sales price as calculated by the Index, provided the unit continues to be restricted by an affordable housing agreement and a repayment note for a period of up to 30 years.
Alternately, the owner may also elect to sell to any purchaser at a fair market price. In this event, the owner shall be obligated to pay Evesham Township 95% of the price differential generated at the time of closing and transfer of title of the affordable housing unit after restrictions have ended as specified herein.
If the owner does not sell the unit within one year of the date of delivery of the notice of intent to sell, the option to buy shall be restored to Evesham Township and subsequently to the office or a nonprofit entity approved by COAH. The owner shall then be required to submit a new notice of intent to sell the affordable unit to the office.
The affordable housing unit shall be sold in accordance with all rules regulations and requirements duly promulgated by COAH (N.J.A.C. 5:93), the intent of which is to ensure that the affordable housing unit remains affordable to and occupied by low- and moderate-income-eligible households.
Calculation of the maximum resale price.
The maximum resale price shall equal the established base price; plus
The allowable percentage of increase determined by the Index applicable to Evesham Township; plus
The value of the approved improvements; plus
The cost of sale;
Minus cost of repairs.
|The calculation of the maximum resale price is as follows:|
|Established base price plus the allowable percentage of increase determined by the Index|
|+ improvements + costs of sales - costs of repairs = maximum resale price.|
Value of improvements. The value, if any, of any improvement to the premises which is made by an owner during such owner's period of ownership shall be included in the maximum resale price only if such improvements were required to maintain the habitability of the dwelling unit or required by a private mortgagee as a condition of closing and also were approved by the office either at closing of the resale, or prior thereto. Examples of such improvements would include but not be limited to repairs to walls or defective lighting fixtures; examples of excluded improvements would include but not be limited to installation of fireplaces, replacement of functioning lighting fixtures with improved ones. However, the entire cost of any municipal special assessment shall be included in the maximum resale price.
Inspection; repairs (resales).
The municipal housing inspector shall inspect the available affordable resale unit for code violation(s). The housing inspector shall submit in writing to the owner and the office a listing of the violation(s). The estimated cost of the repairs not completed by the owner prior to resale shall be deducted from the resale price.
The cost of repairs not undertaken by the owner will be determined by estimator(s) and/or contractor(s) supplied by the office.
Cost of resale. The costs of resale of the premises shall include the following:
Realty transfer fee. The full amount of the realty transfer fee on the sale shall be included in the maximum resale price of the sale unit.
Attorney's fees. Reasonable attorney's fees shall be included in the maximum resale price.
Broker's fee. Reasonable licensed real estate broker's fees or commissions shall be included in the maximum resale price only if those on the eligible waiting list are not willing to purchase the unit, or the office is unable to supply a purchaser. Prior to an owner of an affordable unit making an agreement with a broker, the written approval of the office is necessary. The office will not approve use of a broker, unless a written application to the office has been made.
Other costs and fees. Other costs and fees not specified above which the owner has specified by special affidavit as being essential to the completion of a resale. This category is limited to costs and fees incurred during the closing transaction for services or fees rendered at the closing and shall not include inspections, repairs, maintenance or other costs which deal with or arise out of the condition of the premises, unless they are approved pursuant to this section.
Low-income units. The office shall, under the following circumstances, declare the resale or rerental of a low-income-priced dwelling unit to be exempt from the restriction of resale or rerental only to a qualified low-income family. If no low-income-qualified purchaser or renter of a low-income unit has signed a contract to purchase or to rent a particular low-income unit until within 60 days after the date upon which the owner of the low-income unit notifies the office that the low-income unit is on the market available for resale or rerental, the office shall, if thereafter requested in writing by the owner, declare the resale or rerental of the low-income unit to a low-income family exempt and shall permit the resale or rerental to a moderate-income family; provided, however, any subsequent resale or rerental of this low-income unit under this section shall remain subject to the low-income maximum resale price or rerental and other restrictions set forth in this section as well as the obligation of the unit owner to obtain prior approval of the resale or rerental from the office.
Moderate-income units. The office shall, under certain circumstances, declare the resale or rerental of a moderate-income unit to be exempt from the restriction of resale or rerental to a moderate-income family. If no moderate-income family has signed a contract to purchase or rent a moderate-income unit until within 60 days of the date upon which the owner of the moderate-income unit notifies the office that the moderate-income unit is on the market available for resale or rerental, the office shall, if thereafter requested in writing by the owner, declare the resale or rerental of a moderate-income unit exempt from the restrictions of resale or rerental of the moderate-income unit to a moderate-income family and permit the resale or rerental to a non-moderate-income family; provided, however, any subsequent resale or rerental of this moderate-income unit under this section shall remain subject to all maximum resale price or rental and other restrictions set forth in these regulations as well as the obligation of the unit owner to obtain prior approval of the resale or rerental from the office.
Approvals. The office shall not approve any exemption, unless written application has been made to the office. To obtain approval for any exemption from low- or moderate-income restrictions, the applicant must describe in the application the efforts made to resell or rerent the unit. The office may deny the exemption if it is not reasonably satisfied that sufficient good faith efforts have been made to effectuate the resale or rerental of the unit.
Exempt transactions. The following transactions shall be deemed "nonsales" for purposes of these regulations, and the owner receiving title by virtue of any of the following transactions shall be entitled to receive from the office and the office shall issue a statement of exemption to the owner receiving title by virtue of any of the following transactions:
Transfer of ownership of an affordable sales unit between husband and wife;
Transfer of ownership of an affordable sales unit between former spouses ordered as a result of a judicial decree of divorce (and not including sales to third parties);
Transfer of ownership of an affordable unit between family members as a result of inheritance;
Transfer of ownership of an affordable unit through an executor's deed to any person;
Transfer pursuant to foreclosure proceeding or a proceeding in lieu of foreclosure:
A judgment of foreclosure by a first money mortgagee on an affordable housing unit shall not take place until all remedies set forth in the Affordable Housing Agreement have been exhausted. A judgment of foreclosure on any restricted sales unit will result in a termination of resale controls except for the defaulting mortgagor who shall be forever subject to the restriction with respect to the unit owned by him at the time of default.
In lieu of the default on resale restrictions, the Township may exercise an option to purchase the unit at an approved price and holding, renting or conveying it to a certified household if such right is exercised prior to a judgment of foreclosure.
In the event of a foreclosure sale by the first purchase money mortgagee, any surplus funds exceeding the maximum allowable resale price as calculated using the approved Index, the amount required to pay and satisfy the first purchase money mortgage, including the costs of foreclosure and any second mortgages approved by the New Jersey Department of Community Affairs, shall be paid to the Department or office as reimbursement for any funding invested in the unit. Any remaining funds in excess of outstanding grants or loans will be returned to the Township.
A judgment of foreclosure will result in the loss of the unit from the Township's affordable housing inventory.
Affordable housing units that have been designated as rental units shall be subject to the terms, restrictions and provisions of the Affordable Housing Agreement regardless of a judgment of foreclosure and shall not be lost to the affordable housing inventory.
Violations of these regulations.
The interest of any owner of a sales unit or renter of a rental unit may, at the option of the office, be subject to forfeiture in the event of substantial breach of any of the terms, restrictions and provisions of these regulations which remain uncured for a period of 60 days after service of a written notice of violation upon the sales unit owner or renter by the office. The notice of violation shall specify the particular infraction and shall advise the sales unit owner or renter that his or her interest may be subject to forfeiture if such infraction is not cured within 60 days of receipt of the notice. The provisions of this section may be enforced by the office by court action seeking a judgment which would result in the termination of the owner's equity and other interests in the unit. Renters will be subject to eviction.
These remedies are in addition to any other provided by law, or in a mortgage, condominium deed, lease, or other applicable document.
Housing marketing plan. The developer, for the initial sales or rentals, and the office for resales or rerentals, will develop and implement a housing marketing plan for dwelling units covered by this section and the COAH rules and regulations. At a minimum the availability of housing low- and moderate-income families shall be made known to a variety of public and private groups and shall be advertised in appropriate ways throughout the municipality's housing region. All advertisements shall conform to applicable state and federal fair housing laws. The developer will submit the marketing plan to the office at least 45 days prior to the advertising of the availability of the units. The office will approve or modify the plan within 30 working days of receipt of the plan.
Unit distribution. With the exception of senior citizen (age 55 or over for at least one inhabitant) developments, the following is the bedroom distribution for the affordable units in a new construction inclusionary development:
At a minimum, 15% of all low- and moderate-income units shall be one-bedroom units; and
At a minimum, 35% of all low- and moderate-income units shall be two-bedroom units; and
At a minimum, 15% of all low- and moderate-income units shall be three-bedroom units; and
No more than 10% of all low- and moderate-income units may be efficiency units.
Scope. This section shall apply to all developments which are required by the Land Use Legislative Ordinances to provide low- and moderate-income housing.
Any person or party found violating this section shall be punished by a fine not exceeding $1,000, or by imprisonment for a period not exceeding 90, or by both such fine and imprisonment.
Persons or parties found guilty of violating § 161-2D herein are subject to the following penalties:
A fine in the amount of $1,000.
In addition to the fine above, the court may, in its discretion, impose additional fines equaling double the amount of rent received by a person or party.
Imprisonment for a period not exceeding 90 days, or by both such fines as listed above, and imprisonment or a period of community service not exceeding 90 days.
|Table 1 Low-Income Sales|
|Units||Efficiency||One- Bedroom||Two- Bedroom||Three- Bedroom|
|Interest Rate||Maximum Sales Price||Maximum Sales Price||Maximum Sales Price||Maximum Sales Price|
|Table 2 Moderate-Income Sales|
|Units||Efficiency||One- Bedroom||Two- Bedroom||Three- Bedroom|
|Interest Rate||Maximum Sales Price||Maximum Sales Price||Maximum Sales Price||Maximum Sales Price|
|Table 3 Low-Income Rentals|
|Unit Type||Efficiency||One- Bedroom||Two- Bedroom||Three- Bedroom|
|Preliminary rent (excluding utilities)||$296||$338||$381||$452|
|Average rent (excluding utilities)||$266||$304||$343||$411|
|Table 4 Moderate-Income Rentals|
|Unit Type||Efficiency||One- Bedroom||Two- Bedroom||Three- Bedroom|
|Preliminary rent (excluding utilities)||$474||$542||$610||$720|
|Average rent (excluding utilities)||$427||$487||$549||$648|
|The foregoing tables shall be updated by the office to reflect the changes in the median income as published by HUD, mortgage interest rates and other costs, and shall be used by the office and developer as a guide for determining maximum affordable sales prices and rental charges. Actual prices of units shall be based on the COAH price stratification rules and regulations.|
The following shall apply to the collection of Affordable Housing Development Fees in the Township of Evesham.
In Holmdel Builder's Association 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 (the Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules.
Pursuant to P.L. 2008, c. 46, section 8 (N.J.S.A. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7),
This section establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's regulations and in accordance with P.L. 2008, c. 46, Sections 8 and 32-38. 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, codified at N.J.A.C. 5:97-8.
Definitions. The following terms, as used in this section, shall have the following meanings:
- AFFORDABLE HOUSING DEVELOPMENT
- A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a one-hundred-percent affordable development.
- COAH or THE COUNCIL
- The New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the state.
- The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
- DEVELOPMENT FEE
- Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.
- EQUALIZED ASSESSED VALUE
- The assessed value of a property divided by the current average ratio of assessed-to-true value for the municipality in which the property is situated, as determined in accordance with sections 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
- GREEN BUILDING STRATEGIES
- Those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
Residential development fees.
Within all residential zoning districts, residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1.5% of the equalized assessed value for residential development, provided no increased density is permitted.
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers shall be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application. Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1% of the equalized assessed value on the first two units; and the specified higher percentage up to 6% of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.
Eligible exactions, ineligible exactions and exemptions for residential development.
Affordable housing developments and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.
Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.
Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced, or is expanded, if the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.
Developers of residential structures demolished and replaced as a result of fire damage, flood or similar natural disaster, shall be exempt from paying a development fee.
Nonresidential development fees.
Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new nonresidential construction on an unimproved lot or lots.
Nonresidential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.
Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the preexisting land and improvement and the equalized assessed value of the newly improved structure, i.e., land and improvement, at the time final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.
Eligible exactions, ineligible exactions and exemptions for nonresidential development.
The nonresidential portion of a mixed-use inclusionary or market-rate development shall be subject to the development fee of 2.5% unless otherwise exempted below.
The fee of 2.5% shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.
Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required pursuant to P.L. 2008, c. 46, as specified in the Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption." Any exemption claimed by a developer shall be substantiated by that developer.
A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L. 2008, c. 46, shall be subject to it at such time the basis for exemption no longer applies, and shall make the payment of the nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the nonresidential development, whichever is later.
If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by the Township as a lien against the real property of the owner.
Upon the granting of a preliminary, final or other applicable approval for a development, the applicable approving authority shall direct its staff to notify the construction official responsible for the issuance of a building permit. For nonresidential developments, the developer shall also be provided with a copy of Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" and complete as per the instructions provided.
For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" to be completed as per the instructions provided. The Developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The construction official shall verify the information submitted by the nonresidential developer as per the instructions provided in the Form N-RDF. The Tax assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
The construction official responsible for the issuance of a building permit shall notify the local Tax Assessor of the issuance of the first building permit for a development which is subject to a development fee.
Within 90 days of receipt of that notice, the municipal Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.
The construction official responsible for the issuance of a final certificate of occupancy notifies the local Assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.
Within 10 business days of a request for the scheduling of a final inspection, the municipal Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.
Should the Township fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in subsection b. of section 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).
Fifty percent of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.
Appeal of development fees.
A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest-bearing escrow account by the Township. Appeals from a determination of the Board may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by the Township. Appeals from a determination of the Director may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
Affordable Housing Trust Fund.
There is hereby created a separate, interest-bearing housing trust fund to be maintained by the Chief Financial Officer of the Township for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.
The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:
Payments in lieu of on-site construction of affordable units;
Developer-contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;
Rental income from municipally operated units;
Repayments from affordable housing program loans;
Proceeds from the sale of affordable units; and
Any other funds collected in connection with the Township's affordable housing program.
Within seven days from the opening of the trust fund account, the Township shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, the bank, and COAH to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b).
All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH.
Use of funds.
The expenditure of all funds shall conform to a spending plan approved by COAH. Funds deposited in the housing trust fund may be used for any activity approved by COAH to address the Township's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to, preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, or regional housing partnership programs, conversion of existing nonresidential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through 8.9 and specified in the approved spending plan.
Funds shall not be expended to reimburse the Township for past housing activities.
At least 30% of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of median income by region.
Affordability assistance programs may include down payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowners' association or condominium fees and special assessments, and assistance with emergency repairs.
Affordability assistance to households earning 30% or less of median income may include buying down the cost of low- or moderate-income units in the municipal Fair Share Plan to make them affordable to households earning 30% or less of median income. The use of development fees in this manner shall entitle the Township to bonus credits pursuant to N.J.A.C. 5:97-3.7.
Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
The Township may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.
No more than 20% of all revenues collected from development fees may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council's regulations and/or action are not eligible uses of the Affordable Housing Trust Fund.
The Township shall complete and return to COAH all monitoring forms included in monitoring requirements related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with the Township's housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH or approved by the court. All monitoring reports shall be completed on forms designed by COAH.
Ongoing collection of fees. The ability for the Township to impose, collect and expend development fees shall expire with its substantive certification from COAH or judgment of compliance from the court (as the case may be) unless the Township has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned for substantive certification or the entry of a judgment of compliance from the court, and has received COAH's approval of its development fee ordinance. If the Township fails to renew its ability to impose and collect development fees prior to the expiration of substantive certification or its judgment of compliance, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the "New Jersey Affordable Housing Trust Fund" established pursuant to section 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320). The Township shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its substantive certification or judgment of compliance, nor shall the Township retroactively impose a development fee on such a development. The Township shall not expend development fees after the expiration of its substantive certification or judgment of compliance.
Purpose. The purpose of this section is to create the administrative mechanisms needed for the execution of Evesham Township's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- ADMINISTRATIVE AGENT
- The entity responsible for administering the affordability controls of some or all units in the affordable housing program for Evesham Township to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.
- MUNICIPAL HOUSING LIAISON
- The employee charged by the Township Council with the responsibility for oversight and administration of the affordable housing program for Evesham Township.
Establishment of Municipal Housing Liaison position and compensation; powers and duties.
There is hereby established the position of Municipal Housing Liaison for Evesham Township.
Subject to the approval of the Council on Affordable Housing (COAH), the Municipal Housing Liaison shall be appointed by the Township Council and shall be the Director of Community Development or his designee.
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for Evesham Township, including the following responsibilities which may not be contracted out:
Serving as Evesham Township's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents, and interested households;
Monitoring the status of all restricted units in Evesham Township's Fair Share Plan;
Compiling, verifying, and submitting annual reports as required by COAH;
Coordinating meetings with affordable housing providers and administrative agent(s), as applicable;
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH;
Subject to approval of the COAH, Evesham Township may enter into or amend its current contract with an administrative agent, which shall have the responsibility of administering the affordable housing program of Evesham Township. The Municipal Housing Liaison shall supervise the contracting administrative agent.
Administrative powers and duties assigned to the Municipal Housing Liaison.
Conducting an outreach process to insure affirmative marketing of affordable housing units in accordance with the Affirmative Marketing Plan of Evesham Township and the provisions of N.J.A.C. 5:80-26.15; and
Providing counseling or contracting to provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
Soliciting, scheduling, conducting and following up on interviews with interested households;
Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate-income unit;
Providing written notification to each applicant as to the determination of eligibility or noneligibility;
Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set forth in Appendices J and K of N.J.A.C. 5:80-26.1 et seq.;
Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located; and
Employing the random selection process as provided in the Affirmative Marketing Plan of Evesham Township when referring households for certification to affordable units.
Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;
Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;
Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the appropriate county's register of deeds or county clerk's office after the termination of the affordability controls for each restricted unit;
Communicating with lenders regarding foreclosures; and
Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
Resale and rental.
Instituting and maintaining an effective means of communicating information between owners and the administrative agent regarding the availability of restricted units for resale or rental; and
Instituting and maintaining an effective means of communicating information to low- and moderate-income households regarding the availability of restricted units for resale or re-rental.
Processing request from unit owners.
Reviewing and approving requests from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership;
Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the cost of central air-conditioning systems; and
Processing requests and making determinations on requests by owners of restricted units for hardship waivers.
Securing annually lists of all affordable housing units for which tax bills are mailed to absentee owners and notifying all such owners that they must either move back to their unit or sell it;
Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the administrative agent;
The posting annually in all rental properties, including two-family homes, of a notice as to the maximum permitted rent together with the telephone number of the administrative agent where complaints of excess rent can be made;
Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;
Establishing a program for diverting unlawful rent payments to the municipality's affordable housing trust fund or other appropriate municipal fund approved by the DCA;
Establishing a rent-to-equity program;
Creating and publishing a written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls; and
Providing annual reports to COAH as required.
The administrative agent, pursuant to contract subject to COAH approval, shall have authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.
Severability. If any section, subsection, paragraph, sentence or other part of this section is adjudged unconstitutional or invalid, such judgment shall not affect or invalidate the remainder of this section, but shall be confined in its effect to the section, subsection, paragraph, sentence or other part of this section directly involved in the controversy in which said judgment shall have been rendered and all other provisions of this section shall remain in full force and effect.
Inconsistent ordinances repealed. All ordinances or parts of ordinances which are inconsistent with the provisions of this section are hereby repealed, but only to the extent of such inconsistencies.
Effective date. This section shall take effect immediately upon final adoption and publication in the manner prescribed by law.
There is established a down payment assistance program, funded by developer fees, payable only from the Township's Housing Trust Fund and administered through the Township of Evesham affordable housing program, for purchasers who seek to purchase low- or moderate-income units as part of said program. The low or moderate units that are being purchased under this program must be in full compliance with all Uniform Housing Affordability Controls (UHAC) regulations and the rules adopted by the New Jersey Council on Affordable Housing (COAH). Prospective homeowners will not receive direct funds. The assistance dollars will be supplied to the appropriate entity/entities. The Evesham down payment assistance program is implemented through a down payment assistance loan that is documented in a repayment loan agreement and secured by a down payment assistance program recapture note and down payment assistance program mortgage in favor of the Township that is executed by the purchaser/property owner. The loan is interest free and must be repaid, in whole or in part, if the recipient sells the property or fails to occupy it as his/her primary residence within 10 years of the date of the purchase. The amount of the loan that must be repaid decreases by 1/10 for each year that the recipient owns and occupies the home after closing. For example, 1/2 of the loan must be repaid if the home is resold between the fifth and sixth year after closing. However, the loan is forgiven in its entirety if the purchaser continues to own the property and occupy it as his/her primary residence after 10 years from the date of purchase. The down payment assistance mortgage is a second mortgage that is subordinate to the first purchase money mortgage that the purchaser will secure from an institutional lender. In no event may the combined amounts of both mortgages exceed the maximum amount of mortgage indebtedness allowed for affordable units under UHAC or COAH regulations. The Evesham Township down payment assistance loan is not available to those individuals or households that have been awarded down payment and/or closing cost assistance grants and/or loans from any other governmental sources including, but not limited to, Burlington County's First-Time Homebuyer Program.
Purchasers seeking a down payment assistance loan through this program must make application to the Evesham Township Affordable Housing Liaison (Housing Liaison). The maximum amount of any loan shall be $15,000, and the availability of funding is contingent upon the sufficiency of funds in the Township's Housing Trust Fund. Approval of a loan shall be as documented in a resolution adopted by the Township Council of the Township of Evesham in a form substantially similar to Appendix A
The loan shall be documented and secured by the recipient's execution and delivery of the following documents:
Down payment assistance program repayment agreement – Appendix C
Down payment assistance recapture mortgage note – Appendix D
Down payment assistance mortgage – Appendix E
The contents and terms, conditions and obligations of all appendix exhibits are incorporated by reference herein as if set forth herein at length.
Qualification and eligibility for this program:
Individuals/households must make an application with the Housing Liaison and be pre-certified, meaning that the applicant demonstrates to the reasonable satisfaction of the Housing Liaison that there is a very high likelihood that with the receipt of the loan provided herein the applicant will be able to pay all of the required expenses related to owning his/her affordable home.
In order to ensure that interested affordable housing homebuyers are able to demonstrate that they possess the required deposit prior to executing an agreement to purchase an affordable unit, interested applicants may submit loan applications prior to searching for a home.
Qualified individuals/households must have incomes not exceeding low or moderate income guidelines as applicable for Burlington County per the New Jersey Fair Housing Act as periodically published and updated by the New Jersey Department of Community Affairs.
The home that is being purchased must be an affordable unit that is being marketed for sale by the Township's administrative agent. Applicants must contact the administrative agent to ascertain the location and cost of all affordable units that are currently on the market. Applicants may do so prior to securing written confirmation from the Township that a down payment assistance loan will be made available to them.
The home/unit to be purchased must meet HUD housing quality standards as documented in a HUD-compliant home inspection report.
Applicants must be deemed creditworthy by the Housing Liaison, and the amount of the principal of the first purchase money mortgage must not exceed three times the applicant's gross annual income. By submitting a loan application, applicants automatically consent to allowing the Housing Liaison to run a credit report and secure employment verification. Applicants are responsible for paying for the credit report.
The down payment assistance mortgage is a second mortgage that is subordinate to the first purchase money mortgage that the purchaser will apply for and secure. In no event may the combined amounts of both mortgages exceed the maximum amount of mortgage indebtedness allowed for affordable units under UHAC or COAH regulations.
All loan recipients must occupy the property as their principal residence and own no other real estate.
All loan recipients, at their cost and expense, must attend a pre-purchase homebuyer education class administered by a HUD-certified housing counseling agency prior to closing on an affordable housing unit. The Housing Liaison will supply applicants with a list of HUD-certified counseling agencies in the area, and applicants may select the counseling agency that they wish to use. A certificate of completion from the HUD-certified housing counseling agency must be presented to the Housing Liaison before funds will be provided for down payment assistance.
If the Township Council determines that an applicant qualifies for the loan of $15,000, the Township Council will adopt a resolution in the form of Appendix A
If awarded a loan, the funds will be made available by the Township at closing to the appropriate title company and/or attorney trust account.
The Township's affordable housing administrative agent handles and administers the sale and purchase of affordable housing units in Evesham. The loan award will expire if the applicant does not execute an agreement to purchase an affordable unit within six months of the date of the resolution confirming the loan award and will expire immediately if the administrative agent determines that the applicant fails to qualify to purchase the affordable unit under applicable governmental regulations or due to inability to secure first purchase money mortgage financing.
Individuals and/or households purchasing affordable homes shall only be permitted to receive one down payment assistance loan. A down payment assistance loan through the Evesham program is not available to individuals and/or households that have been awarded down payment and/or closing cost assistance grants/loans from any other governmental sources, including, but not limited to, Burlington County's first-time homebuyer program.