[Amended 4-18-2023 by Ord. No. 2023-19]
The Land Use Board shall have jurisdiction over development applications pursuant to Article VII of this chapter.
A.
Subdivision review. All subdivisions, as defined under § 142-7, are subject to the review procedures specified herein.
B.
Site plan review. Site plan review and approval shall be required
prior to the issuance of a construction permit for or following a
change in use of any structure, addition to an existing structure
or off-street parking area of five or more spaces, except that the
following shall not require site plan review and approval.
[Amended 11-24-2021 by Ord. No. 2021-29]
(1)
A construction permit for or change in tenancy of a single-family
detached dwelling unit and its accessory building(s), except that
construction of private sports courts and swimming pools shall be
subject to site plan review and approval.
(2)
Any addition or alteration to an existing conforming, nonresidential
structure which does not account for more than 20% additional building
coverage may be exempt from formal site plan approval and may be eligible
for administrative site plan approval, provided the property owner
complies with the following conditions:
(a)
Application shall be made to the Technical Review Committee
seeking waiver of formal site plan review. The applicant shall provide
a sketch of the property locating the proposed addition and the size
thereof along with any improvements required to accommodate the proposed
building addition. Fees as may be established by the governing body
shall accompany the application.
(b)
Exemption requests shall not be considered if the applicant
or its predecessor in ownership or occupancy has obtained a site plan
exemption for an addition less than five years prior to the date of
the request.
(c)
The addition may not exceed 5,000 square feet.
(d)
Any square footage necessitated for compliance with the Americans
With Disabilities Act shall not be included in determining the 20%
or five-thousand-square-foot limit.
(e)
The application shall be reviewed informally by the Technical
Review Committee in order to address issues of ingress, egress and
drainage.
(f)
The applicant shall still be required to post the appropriate
bond and escrow fees.
(g)
Any minor site plan, as defined in this chapter, may be exempt
from formal site plan approval by the Land Use Board and may be eligible
for administrative site plan approval where the proposed disturbance
or structure is less than 5,000 square feet or 20% of the gross lot
area (whichever is less) and where the Technical Review Committee
determines that no adverse impacts will occur from such proposed development
and the application does not require any variance relief from any
provisions of this chapter.
[Amended 7-20-2022 by Ord. No. 2022-27]
(3)
The applicant agrees that in the event a site plan waiver or administrative
site plan approval is not granted by the Technical Review Committee,
it will be required to file a formal site plan application. The Technical
Review Committee shall review the request for site plan waiver taking
into account any on-site, off-site, or off-tract improvements which
may be required as a result of the proposed addition; the impact the
proposed addition may have on surrounding properties; and any other
impact the proposed addition might have which could have a deleterious
effect on the safety or health of the owners of other properties in
the surrounding neighborhood of the Township at large, thereby making
formal site plan approval by the Land Use Board necessary. The applicant
shall be required to comply with any conditions imposed by the Technical
Review Committee with the grant of a waiver or may elect, in the alternative,
to seek formal site plan approval.
[Amended 7-20-2022 by Ord. No. 2022-27]
C.
Form.
(1)
Whenever an application for development to the Land Use Board is
permitted or required by this chapter, it shall be in such form, and
accompanied by such maps, documents and materials as are prescribed
by this chapter, and shall be submitted to the administrative officer
in such number as is prescribed by this chapter or by rule of the
Board.
[Amended 7-20-2022 by Ord. No. 2022-27]
(2)
The administrative officer shall prepare and furnish to applicants
standard application forms which shall require the following information:
(a)
The applicant's name, address and telephone number.
(b)
The owner's name, address and telephone number.
(c)
Interest of the applicant in the property.
(d)
Ownership of the applicant.
(e)
The name, address and telephone number of the applicant's attorney,
if represented.
(f)
The street address of the property.
(g)
The tax lot and block number of the property.
(h)
The zone district in which the property is situated.
(i)
A description of the property.
(j)
A description of the proposed development.
(k)
The type of application.
(l)
The specific relief requested.
(m)
Sufficient information to facilitate review of the proposed
development in light of the criteria and standards applicable to the
application for development.
D.
Completeness of application. An application for development shall be complete for the purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. In the event that the agency, committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon expiration of the forty-five-day period for the purposes of commencing the applicable time period unless the application lacks information indicated on a checklist provided to the applicant pursuant to Subsection E, and the municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of the submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in this chapter, or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of such additional information or any revision in the accompanying documents so required by the municipal agency.
E.
Checklists.
(1)
All applications for development approvals by the Land Use Board
shall be accompanied by the appropriate checklist from those checklists
which are hereby adopted and are on file and available for public
inspection in the offices of the Municipal Clerk and Planning/Zoning
Secretary. Failure to submit the appropriate checklist shall be deemed
grounds for declaring an application incomplete.
[Amended 10-17-2017 by Ord. No. 2017-27; 7-20-2022 by Ord. No. 2022-27]
(2)
Future revisions to any checklist shall be made by amendment to the
appropriate section of this chapter.
(3)
All applications for development shall be accompanied by the checklist(s)
for the relief sought.
[Amended 2-9-2018 by Ord.
No. 2018-5; 11-24-2021 by Ord. No. 2021-29]
(4)
In addition, submission of the required application form and the
required application fee is necessary for a complete application.
A conceptual sketch of the proposed subdivision or site plan
is not required but is strongly recommended. The submission of a conceptual
sketch affords the applicant the opportunity to discuss the proposal
in its formative stages and receive the advice of the Board.
A.
Procedure for submitting sketch plats and sketch plans.
(1)
Submit to the administrative officer at least 14 days, but no more than 21 days, prior to the first regularly scheduled monthly meeting of the Board (in the case of the Land Use Board, such submission will be prior to the regularly scheduled agenda meeting of that Board) 14 copies of the sketch of the proposal for purposes of classification, preliminary discussion and appropriate action, five copies of the application, a fee as required in § 142-84 and proof that no taxes or assessments are due or delinquent on the subject property. The administrative officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats and other documents submitted for processing in conjunction with the application.
[Amended 7-20-2022 by Ord. No. 2022-27]
(2)
At least 10 days prior to the next regular meeting of the Board,
the administrative officer shall retain one copy each of the sketch
and application and shall distribute the remaining 11 copies of the
sketch and four copies of the application in the following manner:
(a)
Chairman of the Board: two copies of the sketch and one copy
of the application.
(b)
County Planning Board: two copies of the sketch and one copy
of the application.
(c)
Construction Official and Zoning Officer: one copy of the sketch.
(d)
Township Engineer: one copy of the sketch and one copy of the
application.
(e)
Township Tax Collector: one copy of the sketch.
(f)
At the direction of the Board, additional copies shall be sent
to other municipal, county, regional, state and federal agencies and
officials, including, where applicable, the Federal Aviation Administration
and the Delaware and Raritan Canal Commission.
B.
Details required for sketch plats and sketch plans. The submitted
sketch shall be based on Tax Map information or some other similarly
accurate base and shall be neatly and accurately drawn. The following
information shall be included:
(1)
A key map showing the entire tract and its relation to the surrounding
areas, at a scale of one inch equals not less than 2,000 feet.
(3)
Scale and North arrow.
(4)
Date of original preparation and of each subsequent revision thereof.
(5)
Existing block and lot number(s) of the lot(s) to be subdivided or
developed as they appear on the municipal Tax Map.
(6)
Subdivision or development boundary line (heavy solid line).
(7)
The location of existing and proposed property lines, streets, buildings
(with an indication as to whether existing buildings will be retained
or removed), parking spaces, loading areas, driveways, watercourses,
railroads, bridges, culverts, drainpipes and any natural features,
such as wetlands and treed areas, both within the tract and within
100 feet of its boundary.
(8)
Contours as shown on the United States Geological Survey topographic
sheets.
(9)
The approximate location and approximate width of all existing and
proposed utility and other easements.
(10)
Zoning district boundaries affecting the tract.
(11)
Proposed buffer and landscaped areas.
C.
Corporate disclosure.
(1)
Any corporation or partnership applying to the Land Use Board for
permission to subdivide a parcel of land into six or more lots or
applying for a variance to construct a multifamily dwelling of 25
or more units or for approval of a site to be used for commercial
purposes shall submit to the Board a list of the names and addresses
of all stockholders or individual partners owning at least 10% of
its stock of any class or at least 10% of the interest in the partnership,
as the case may be.
[Amended 7-20-2022 by Ord. No. 2022-27]
(2)
If another corporation or partnership owns 10% or more of the stock
of the applicant corporation, or 10% or greater interest in the applicant
partnership, as the case may be, that corporation or partnership shall
list the names and addresses of its stockholders holding 10% or more
of its stock or 10% or greater interest in the partnership, as the
case may be, and this requirement shall be followed by every corporate
stockholder or partner in a partnership until the names and addresses
of the noncorporate stockholders and individual partners exceeding
the 10% ownership criterion have been listed.
D.
Additional details required for sketches prior to minor subdivision
classification.
(1)
No plat shall be classified as a minor subdivision unless drawn by
a professional engineer or land surveyor licensed to practice in the
state and bearing the signature, seal and license number and address
of the said professional engineer or land surveyor. The sketch plat
shall be drawn at a scale not more than 100 feet to the inch, one
of four standard sheet sizes, namely, 8 1/2 inches by 13 inches,
15 inches by 21 inches, 24 inches by 36 inches, or 30 inches by 42
inches, to enable the entire tract to be shown on one sheet, and shall
show or include the following information:
(2)
If the proposed lot(s) is (are) not served by sanitary sewer, certification
must be provided by a licensed professional engineer that the proposed
lot(s) can accommodate a septic system without threat to the public
health and safety or to the health and safety of the lot(s) owners.
For the purposes of such certification, a minimum of two passing percolation
tests and a soil log of one of the passing holes shall be required
for each lot, such tests and log to be located within the proposed
disposal area. The test results and other applicable requirements
regulating location(s) of test holes, etc., shall be in compliance
with the Individual Sewage Disposal Code of New Jersey[1], Individual Subsurface Sewage Disposal Systems, and shall
be so shown on the plat and certified by a licensed professional engineer.
All such tests must be witnessed by the Township Engineer, who shall
be notified by the developer at least 48 hours prior to the initiation
of the tests.
(3)
No plat involving any street(s) requiring additional right-of-way
width as specified in the Master Plan or Official Map and the street
requirements of this chapter shall be classified as a minor subdivision
unless such additional right-of-way width, either along one or both
sides of the streets, as applicable, shall be deeded to the Township
or other appropriate governmental agency.
(4)
No plat involving any corner lot shall be classified as a minor subdivision
unless a sight triangle easement shall be granted as specified in
this chapter.
E.
Action by Township.
(1)
Any proposed subdivision or development determined by the Board to
be creating, imposing, aggravating or leading to the possibility of
an adverse effect upon either the property in question or upon any
adjacent properties may be required to be revised to remove such adverse
effect(s) prior to further review, classification or approval by the
Board, or, where the remaining portion of the original tract is of
sufficient size to be subdivided or developed further, the applicant
may be required to submit a sketch of the entire remaining portion
of the tract to indicate a feasible plan whereby the applied for subdivision
or development, together with subsequent subdivision(s) or development(s),
may be submitted that will not create, impose, aggravate or lead to
any such adverse effect.
(2)
If the sketch plat is considered for classification as a minor subdivision,
the Board shall act on the proposed plan within 45 days of its complete
and proper submission to the administrative officer or within such
further time as may be consented to in writing by the applicant. Failure
of the Board to act within the prescribed time period shall constitute
minor subdivision approval. If classified as a minor subdivision by
majority action of the Board, a notation to that effect, including
the date of classification, shall be made on the master copy. All
prints of the plat shall be signed by the Chairman and Secretary of
the Board, or the Acting Chairman or Secretary where either or both
may be absent, and returned to the subdivider within one week thereof.
No further approval of the subdivision shall be required. In the event
that the same is disapproved by the Board, the Secretary of the Board
shall, within three days of such action, notify the subdivider of
such disapproval and reasons therefor. In acting on the application,
the Township shall consider a report received, in writing, from the
County Planning Board within 30 days after its receipt of the plat.
If a reply is not received from the County Planning Board within 30
days, the sketch plat shall be deemed to have been approved by it.
[Amended 10-17-2017 by Ord. No. 2017-27; 4-23-2021 by Ord. No. 2021-13; 7-20-2022 by Ord. No. 2022-27]
A committee to be known as the "Technical Review Committee"
is created. The Technical Review Committee shall review all applications
for development prior to consideration by the Land Use Board.
A.
The Technical
Review Committee shall consist of the Township Engineer, the Planning
Consultant, the Land Use Board Attorney, and the Administrative Officer.
After initial review of any development application filed with the
Township Planning/Zoning Secretary, the application shall be submitted
to the Technical Review Committee for review and a determination of
completeness.
B.
The Secretary and Chairperson shall be elected by the Committee membership
on an annual basis.
C.
The Technical Review Committee shall conduct informal meetings, at
the Township Municipal Building, on a monthly basis, or more frequently
if required, in order to review development applications. It shall
fix a regular meeting schedule which shall be posted in the Municipal
Building.
D.
The Technical Review Committee shall be responsible for the determination
of the completeness of an application, pursuant to the provisions
of N.J.S.A. 40:55D-10.3.
E.
The Technical Review Committee shall advise and assist the Land Use
Board in reviewing site plans, subdivision applications and variance
applications as to the following:
(1)
The sketch plan/subdivision classification.
(2)
Proposed meeting dates for processing each application.
(3)
The appropriateness of simultaneous review of the preliminary and
final subdivision and site plan.
(4)
Potential ordinance violations, necessary variances and specific
site plan and subdivision considerations.
(5)
The technical aspect of the proposed plan, including but not limited
to parking and circulation, lighting, signs, landscaping, drainage,
building location and design.
F.
An applicant for development shall have the option of appearing before
the Technical Review Committee in order to hear comments regarding
the application or to discuss the technical aspects of the application.
The applicant may elect, if it so chooses, to bring its professional
consultants to the Technical Review Committee meeting at which its
application is agendized for discussion. The Technical Review Committee,
in its exclusive discretion, may allot specific time allocations to
the discussion of any application.
G.
Minutes of the Technical Review Committee meeting shall be prepared
by the Secretary and distributed to all members of the Land Use Board.
The report shall not be binding upon the Land Use Board or the applicant,
nor shall the applicant be relieved of any requirements or regulations
which have not been addressed in the report.
H.
The Technical Review Committee may promulgate such rules and regulations
as it may deem necessary for proper internal administration. A copy
of such rules and regulations, when adopted, shall be kept in the
Township Office on file with the Municipal Clerk.
I.
The Technical Review Committee shall function in an advisory capacity,
having no final authority on any application review. It shall have
final authority to the determination of completeness of an application.
J.
All professional fees for Technical Review Committee members shall
be paid from the applicant's escrow account which shall be established
prior to an application being placed on an agenda for discussion.
A preliminary submission is required of all subdivisions classified
as major subdivisions and of all development proposals requiring site
plan review.
A.
Procedure for submitting preliminary plats and preliminary plans.
(1)
The applicant shall submit to the administrative officer at least 14 days, but no more than 21 days, prior to the first regularly scheduled monthly meeting of the Board (in the case of the Land Use Board, such submission will be prior to the regularly scheduled agenda meeting of that Board) 12 copies of the preliminary plat or preliminary plan, five copies of the appropriate application and five copies of any protective covenants or deed restrictions applying to the land being subdivided or developed. Additionally, a fee shall be paid to the administrative officer as specified in § 142-84 of this chapter, and proof shall be provided that no taxes or assessments are due or delinquent on the subject property.
[Amended 7-20-2022 by Ord. No. 2022-27]
(2)
At least 10 days prior to the first regularly scheduled monthly meeting
of the Board, the administrative officer shall retain one copy each
of the preliminary plat or plan, the completed application and any
applicable protective covenants or deed restrictions and shall then
immediately distribute the remaining 11 copies of the preliminary
plat or plan, four copies of the completed application and four copies
of any applicable protective covenants or deed restrictions in the
following manner:
(a)
Chairman of the Board: two copies of the preliminary plat or
plan and one copy each of the application and any applicable protective
covenants or deed restrictions.
(b)
County Planning Board: two copies of the preliminary plat or
plan and one copy each of the application and any applicable protective
covenants or deed restrictions.
(c)
Construction Official and Zoning Officer: one copy of the preliminary
plat or plan.
(d)
Township Engineer: one copy of the preliminary plat or plan
and one copy each of the application and any applicable protective
covenants or deed restrictions.
(e)
Township Board of Health: one copy of the preliminary plat or
plan.
(f)
At the direction of the Board, additional copies shall be sent
to other municipal, county, regional, state and federal agencies and
officials, including, where applicable, the Federal Aviation Administration
and the Delaware and Raritan Canal Commission.
B.
Details required for preliminary plats and preliminary plans. Each
submission shall be at a scale of one inch equals 50 feet for a tract
up to 40 acres in size; one inch equals 100 feet for a tract between
40 acres and 150 acres; and one inch equals 200 feet for a tract 150
acres or more. Each submission shall be on one of four standard sheet
sizes, namely, 8 1/2 inches by 13 inches, 15 inches by 21 inches,
24 inches by 36 inches or 30 inches by 42 inches. If one sheet is
not sufficient to contain the entire territory, the map may be divided
into sections to be shown on separate sheets of equal sizes, with
reference on each sheet to the adjoining sheets. The following information
shall be included:
(1)
A key map showing the entire tract and its relation to the surrounding
areas, at a scale of one inch equals not less than 2,000 feet.
(2)
Title block:
(a)
Name of subdivision or development, municipality and county.
(b)
Name and address of subdivider or developer.
(c)
Name and address of the owner or owners of record and the names
and addresses of all property owners within 200 feet of the extreme
limits of the tract as shown on the most recent tax list prepared
by the Township Tax Assessor.
(d)
Name, address, signature and license number of the professional
person who prepared the drawing.
(e)
Acreage of tract to nearest tenth of an acre.
(3)
Scale and North arrow.
(4)
Date of original preparation and of each subsequent revision thereof.
(5)
Existing block and lot number(s) of the lot(s) to be subdivided or
developed as they appear on the municipal Tax Map and proposed block
and lot numbers as provided by the Township Tax Assessor upon written
request.
(6)
Subdivision or development boundary line (heavy solid line).
(7)
Zoning district boundaries affecting the tract.
(8)
The locations and dimensions of existing and proposed railroad rights-of-way,
bridges and natural features, such as wooded areas and any extensive
rock formations, both within the tract and within 200 feet of its
boundaries.
(9)
The locations and species of all existing trees or groups of trees
having a caliper of eight inches or more measured three feet above
ground level. The proposed location of shade trees to be provided
shall also be indicated.
(10)
All existing and proposed watercourses, including lakes and
ponds, shall be shown and shall be accompanied by the following information:
(a)
When a stream is proposed for alteration, improvement or relocation
or when a drainage structure or fill is proposed over, under, in or
along a running stream, evidence of approval, required alterations,
lack of jurisdiction or denial of the improvement by the New Jersey
Division of Water Policy and Supply shall accompany the subdivision.
(b)
Cross sections of watercourses and/or drainage swales at an
approximate scale showing the extent of floodplain, top of bank, normal
water levels and bottom elevations at the following locations:
[1]
At any point where a watercourse crosses a boundary of the tract.
[2]
At fifty-foot intervals for a distance of 300 feet upstream
and downstream of any proposed or existing culvert or bridge within
the tract and within 1,000 feet downstream of the tract.
[3]
At fifty-foot intervals up to 300 feet upstream and downstream
of any point of junction of two or more watercourses within the tract
and within 1,000 feet of the tract.
[4]
At a maximum of five-hundred-foot intervals, but not less than
two locations, along each watercourse which runs through or within
500 feet of the tract.
(c)
When ditches, streams or watercourses are to be altered, improved
or relocated, the method of stabilizing slopes and measures to control
erosion and siltation, as well as typical ditch sections and profiles,
shall be shown or accompany it.
(d)
The boundaries of the floodplains of all watercourses within
or adjacent to the tract.
(e)
The total acreage in the drainage basin of any watercourse running
through or adjacent to a tract in the area upstream of the tract.
(f)
The total acreage in the drainage basin to the nearest downstream
drainage structure and the acreage in the tract which drains to the
structure.
(g)
The location and extent of drainage and conservation easements
and stream encroachment lines.
(h)
The location, extent and water elevation of all existing or
proposed lakes or ponds within and adjacent to the tract.
(11)
Existing contours with intervals of one foot where slopes are
3% or less, two feet where slopes are more than 3% but less than 15%
and five feet where slopes are 15% or more, referred to a known datum,
and to be indicated by a dashed line. Where any changes in contours
are proposed, finished grades should be shown as a solid line.
(12)
Locations of all existing structures, including wells and septic
systems, showing existing and proposed front, rear and side yard setback
distances, and an indication of whether the existing structures and
uses will be retained or removed.
(13)
Size, height and location of all proposed buildings, structures,
signs and lighting facilities.
(14)
All dimensions necessary to confirm conformity to this chapter,
such as structure setbacks, structure heights and yard areas.
(15)
The proposed location, direction of illumination, power and
type of proposed outdoor lighting.
(16)
The required buffer areas and proposed screening and landscaping
on a separate landscaping plan.
(a)
Buffer areas are required along lot and street lines of all nonresidential lots where said property lines or the center lines of adjacent streets abut residential uses or residential zoning district lines. Each permitted use shall provide and maintain attractively landscaped grounds and suitable screening in order to safeguard the character of adjacent districts. The width of the buffer area for each particular zoning district shall be as prescribed in Article IV. Buffer areas shall be measured horizontally and at right angles to either a straight lot or street lines or the tangent lines of a curved lot or street lines. Buffer areas shall be maintained and kept clear of all debris, rubbish, weeds and tall grass. No above-surface structure or activity or the storage of materials or parking of vehicles shall be permitted in the buffer area, and all buffer areas shall be planted and maintained with grass or ground cover together with a dense screen of trees, shrubs or other plant materials meeting the following requirements:
[1]
Plant materials used in screen planting shall be at least six
feet in height when planted and shall be of such density as determined
appropriate for the activities involved. The plant materials shall
be of a species common to the area, shall be of nursery stock and
shall be free of insects and disease.
[2]
Buffer areas shall be permanently maintained, and plant material
which does not live shall be replaced within one year or one growing
season.
[3]
The screen planting shall be so placed that at maturity the
plant material will be no closer than three feet to any street or
property lines.
[4]
The buffer area shall not be broken unless specifically approved
by the Board.
(17)
The location and design of any off-street parking areas or loading
areas, showing size and location of bays, aisles and barriers.
(18)
All means of vehicular access and egress to and from the site
onto public streets, showing the site and location of driveways and
curb cuts, including the possible utilization of traffic signals,
channelization, acceleration and deceleration lanes, additional width
and any other device necessary to prevent a difficult traffic situation.
(19)
The application shall include plans and computations for any
storm drainage systems, including the following:
(a)
All existing or proposed storm sewer lines within or adjacent
to the tract, showing size and profile of the lines, direction of
flow and the location of each catch basin, inlet, manhole, culvert
and headwall.
(b)
The location and extent of any proposed dry wells, groundwater
recharge basins, retention basins or other water or soil conservation
devices.
(20)
The location of existing utility structures, such as water and
sewer mains, gas transmission lines and high-tension power lines,
on the tract and within 200 feet of its boundaries.
(21)
Plans of proposed improvements and utility layouts, including
sewers, storm drains, water, gas, telephone and electricity, showing
feasible connections to any proposed utility systems. If private utilities
are proposed, they shall comply fully with all Township, county and
state regulations. If service will be provided by an existing utility
company, a letter from that company stating that service will be available
before occupancy will be sufficient. Wherever a septic system is to
be used, certification is required by a licensed professional engineer
that each lot proposed to be thus served can accommodate a septic
system without threat to the public health and safety or to the health
and safety of the lot owner(s). For the purposes of such certification,
a minimum of two passing percolation tests and a soil log of one of
the passing holes shall be required for each lot, such tests and log
to be located within the proposed disposal area. The test results
and other applicable requirements regulating location(s) of test holes,
etc., shall be in compliance with the Individual Sewage Disposal Code
of New Jersey and shall be so shown on the plat and certified by a
licensed professional engineer. All such tests must be witnessed by
the Township Engineer, who shall be notified by the developer at least
48 hours prior to the initiation of the tests. Where an individual
well(s) is (are) proposed, such well(s) shall meet all applicable
requirements of Township and state agencies.
(22)
Plans, typical cross sections, center-line profiles, tentative
grades and details of all proposed streets and of the existing streets
abutting the tract based on the vertical datum specified by the Township
Engineer, including curbing, sidewalks, storm drains and drainage
structures. Sight triangles, the radius of curblines and street sign
locations shall be so clearly indicated at intersections.
(23)
A copy of any protective covenants or deed restrictions applying
to the land being subdivided shall be submitted with the preliminary
plat.
(24)
Proposed permanent monuments shall be shown.
(25)
The Board reserves the right to require additional information
before granting preliminary approval when unique circumstances affect
the tract or when the application for development poses special problems
for the tract and surrounding area. Such information may include but
shall not be limited to drainage calculations and traffic analyses.
(26)
Environmental impact assessment.
(a)
An environmental impact assessment is required to be submitted
on the following applications: preliminary major subdivisions and/or
preliminary site plans.
(b)
The impact assessment shall consider the topography, surface
water bodies, energy, air quality, noise, surface water quality, subsurface
water, aquatic biota, soils, geology, vegetation, wildlife and scenic,
historical and archaeological features. Two maps shall be submitted,
one at a scale of one inch equals 1,000 feet and one at a scale of
one inch equals 100 feet.
[1]
Topography. Provide two topographic maps, with one-foot contour
intervals of the area of the project and 100 feet surrounding the
project area. One map shall depict proposed relief (i.e., after construction).
[2]
Surface water bodies. Describe existing watercourses and water
bodies that are partially or totally on the site and their relationship
to the area of land disturbance. Calculate existing and proposed surface
runoff from the site. When the natural drainage pattern will be altered,
an analysis shall be conducted which will investigate the capacity
of the receiving waters. One-hundred-year floodplains shall be mapped
in consultation with the New Jersey Department of Environmental Protection.
Existing and proposed drainage structures shall be mapped and the
capacity of the drainage network shall be determined.
[3]
Energy. Describe the proposed energy sources for the project
and identify conservation measures that may be utilized.
[4]
Air quality. Describe the source, quantity and nature of materials
to be emitted from any furnace or other device in which coal, oil,
gasoline, diesel fuel, kerosene, wood or other combustible material
will be burned or if any other source of air pollutants, including
automobiles attracted by the facility, will be present on the site
during or after construction. If a state or federal air emission permit
is required, a copy of the permit and all resource data submitted
with the application for the permit shall accompany the environmental
assessment.
[5]
Noise. Description of all noise-generating equipment, both during construction and after construction, shall be identified. The decibel level shall be measured and sources identified. Compliance with Chapter 166. Noise, shall be evaluated.
[6]
Surface water quality. All surface water bodies shall be sampled
and analyzed by a New Jersey certified laboratory before construction
of the proposed project and no later than 90 days after construction
is complete. A water sample to be analyzed shall consist of a composite
sample of three grab samples collected on successive days. In the
case of streams, two composite samples shall be collected: one immediately
upstream and one immediately downstream of the site. Parameters to
be analyzed for shall include, but not be limited to, the following
(see Table 1, following):
Table 1
| ||
---|---|---|
1.
|
Total bacterial count
| |
2.
|
Fecal coliform
| |
3.
|
Fecal streptococcus
| |
4.
|
Cadmium, total
| |
5.
|
Chromium, total
| |
6.
|
Arsenic, total
| |
7.
|
Mercury, total
| |
8.
|
Lead, total
| |
9.
|
Zinc, total
| |
10.
|
BOD
| |
11.
|
COD
| |
12.
|
Total dissolved solids
| |
13.
|
Total suspended solids
| |
14.
|
pH
| |
15.
|
Nitrate nitrogen
| |
16.
|
Total phosphate
| |
17.
|
Total orthophosphate
| |
18.
|
Total dissolved phosphate
| |
19.
|
Methyl chloride
| |
20.
|
Benzene
| |
21.
|
Carbon tetrachloride
| |
22.
|
Ethylbenzene
| |
23.
|
Trichloroethylene
| |
24.
|
Petroleum hydrocarbons
| |
25.
|
Toluene
| |
26.
|
1, 1, 2-trichloroethane
| |
27.
|
1, 2-dichlorobenzene
| |
28.
|
PCB's
| |
29.
|
Vinyl chloride
| |
30.
|
Phenols (if greater than 3.5 mg/l, do acid extractable test
for phenols)
| |
31.
|
Gamma-BHC
| |
32.
|
Aldrin
| |
33.
|
Chlordane
|
[7]
Subsurface water. Describe subsurface water conditions of the
site in terms of depth to groundwater and water supply capabilities
of the site. Provide information regarding existing wells within 500
feet of the site relative to well depth, yield, and water quality.
Indicate the water recharge capabilities of the site and the effect
that the proposed project will have on the groundwater of the site
and adjacent areas.
[8]
Aquatic biota. Describe and identify flora and fauna that are
associated with any surface water bodies.
[9]
Soils.
[a]
Soil probes shall be performed at the site of the
proposed development for the purposes of determining the types and
extent and variability of types of soils present at the site. This
information shall then be used to prepare a soils map of the area
and ascertain the suitability of the site for the prospective project.
A minimum of one soil probe per three acres of proposed land disturbance
(i.e., excluding areas dedicated to the Township and not disturbed
in any way) shall be performed to a depth of eight feet. Soil probes
may be made using split-spoon sampling, shelby tubes or any device
or method which will provide a continuous sample of the soil profile
without mixing of soil material from different depths. Hand augers
may be used, provided that the hole remains open and does not slump.
[b]
Soil profile characteristics to be examined and
described in soil probes shall include the following:
[i]
Depth and thickness of all recognizable, distinct
soil horizons or layers of nonsoil material. (A distinct soil horizon
or layer of nonsoil material is that which differs from any horizon
or layer above or below it with respect to color, texture, percentage
coarse fragments or mottling.)
[ii]
Color using the Munsell color system.
[iii]
Texture using the USDA textural classification
system as determined by laboratory analysis or estimation by the "feel
method" of the relative proportions of sand-, silt- and clay-size
particles.
[iv]
The volume percentage of coarse fragments greater
than two millimeters in size shall be estimated visually.
[v]
Abundance, size and contrast of any mottling. (The
color of a mottled horizon shall be described for the matrix as well
as the mottles.)
[vi]
The depth to seasonal high water table as indicated
by either the shallowest depth to soil mottling or where the water
table is observed at a shallower depth than the depth to soil mottling.
[vii]
Depth and thickness of any fragipans.
[10]
Geology. Describe the geologic formation(s), including
surficial deposit(s), as found at the site. The description shall
include, but not be limited to, predominant mineral types present
and thickness of surficial deposits if less than eight feet.
[11]
Vegetation. Describe existing vegetation on the
site. A map shall be prepared showing the location of major vegetation
groupings, such as woodlands, open fields and wetlands. Where woodlands
are delineated, the forest type(s), mean tree age and mean tree diameter
shall be indicated.
[12]
Wildlife. Identify and describe wildlife, giving
particular attention to endangered or protected species.
[13]
Scenic, historical and archaeological features.
Describe and map those portions of the site that can be considered
to have unusual scenic and historical qualities and attributes, or
are of archaeological importance.
(c)
Critical impacts.
[1]
Plans shall include any area, condition or feature which is
environmentally sensitive or which, if disturbed during construction,
would adversely affect the physical, social or historical environment
of the area.
[2]
Critical impact areas include, but are not limited to, stream
corridors, streams, wetlands, estuaries, slopes greater than 20%,
highly acid or highly erodible soils, areas of high water table, mature
stands of native vegetation, aquifer recharge areas and archaeologically
sensitive areas.
[3]
A statement of impact upon critical areas and a listing of adverse
impacts which cannot be avoided shall be included.
[4]
Environmental protection measures, procedures and schedules
to minimize damage to critical impact areas shall be indicated, both
during construction and post construction.
(d)
Documentation.
[1]
All publications, file reports, manuscripts or other written
sources of information and all agencies and individuals from whom
pertinent information was obtained orally or in writing which were
employed in compilation of the environmental impact assessment shall
be listed. Dates and locations of all meetings shall be specified.
[2]
A list of all licenses, permits and other approvals that are
required by municipal, county, regional or state law and a status
of each shall be included.
(e)
The environmental impact assessment should describe, with appropriate
maps, the proposed project. The assessment shall summarize, rather
than duplicate, the site plan and building plan. The assessment shall
include a survey and description of the environmental features of
the property. The environmental assessment, in bound form, shall be
submitted to the appropriate board (planning and/or zoning) and the
Environmental Commission.
(f)
Approval. No application for development shall be approved unless
it has been affirmatively determined, after an environmental assessment,
that the proposed project:
[1]
Will not result in a significant adverse impact on the environment.
[2]
Has been conceived and designed in such a manner that it will
not significantly impair natural processes.
[3]
Will not place a disproportionate or excessive demand upon the
total resources available to the project site or to the impact area.
(g)
Waiver. The appropriate Board, upon recommendation of the Environmental Commission, may waive any provision of this § 142-77B(26), Environmental impact assessment, if deemed not applicable.
(27)
Community impact statement.
(a)
All applications for preliminary major subdivision approval
where more than 10 lots are proposed and all applications for preliminary
major site plan approval shall be accompanied by a community impact
statement analyzing the proposed development and its expected impacts
upon existing municipal facilities and services.
(b)
The community impact statement shall indicate why in the applicant's
opinion the proposed development is in the public interest, as well
as providing data and opinions concerning the following specific items:
[1]
Population impact. An analysis of the number of people expected
to be added to the municipal population as a result of the proposed
development according to the following age cohorts: children, adults
and other information about age cohorts.
[2]
School impact. An analysis of the anticipated number of pupils
who will be added to the student population in the municipality and
the ability of the existing public school facilities to absorb the
expected student population during a ten-year time period. Should
expanded or new school facilities or increased teaching staff be required,
the projected cost for such additions shall be specified.
[3]
Facilities impact. An analysis of the existing facilities available
to serve the proposed development and the impact of the development
upon the facilities, including the adequacy of existing public water
facilities; public sewerage facilities; recreational facilities; and
library facilities. Should such facilities be determined inadequate
to serve the proposed development, the remedies, either expected or
proposed by the applicant, shall be indicated along with the estimated
costs for such additional facilities.
[4]
Services impact. An analysis of the existing services provided
by the Township to serve the proposed development and the impact of
the development upon the services, including police protection, fire
protection, solid waste disposal and street maintenance services.
[5]
Traffic impact. An analysis of the existing road network available
to serve the proposed development, as well as the proposed road network
within the development itself and the surrounding road network which
will be affected by the proposed development, including the capacity
of the existing and proposed roadways; the anticipated traffic volumes
as a result of the proposed development; the physical structure of
both road networks; and any problem areas in the road network affected
by the development, including unsafe intersections, and vertical or
horizontal alignments.
[6]
Financial impact. An analysis of the revenues expected to be
generated from the development compared to the anticipated costs which
the proposed development is expected to generate. Revenues and costs
shall be projected for the Township, the Township school system and
the county.
(c)
Waiver. The Land Use Board may waive any provisions of this § 142-77B(27), Community impact statement, if deemed not applicable.
[Amended 7-20-2022 by Ord. No. 2022-27]
C.
Corporate disclosure.
(1)
Any corporation or partnership applying to the Land Use Board for
permission to subdivide a parcel of land into six or more lots or
applying for a variance to construct a multifamily dwelling of 25
or more units or for approval of a site to be used for commercial
purposes shall submit to the Board a list of the names and addresses
of all stockholders or individual partners owning at least 10% of
its stock of any class or at least 10% of the interest in the partnership,
as the case may be.
[Amended 7-20-2022 by Ord. No. 2022-27]
(2)
If another corporation or partnership owns 10% or more of the stock
of the applicant corporation, or 10% or greater interest in the applicant
partnership, as the case may be, that corporation or partnership shall
list the names and addresses of its stockholders holding 10% or more
of its stock or 10% or greater interest in the partnership, as the
case may be, and this requirement shall be followed by every corporate
stockholder or partner in a partnership until the names and addresses
of the noncorporate stockholders and individual partners exceeding
the 10% ownership criterion have been listed.
D.
Additional findings for planned development. Prior to preliminary
approval of any form of planned development, including cluster residential,
planned village and planned commercial development, the Board shall
find the following additional facts and conclusions:
(1)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to all standards of Article VI of this chapter.
(2)
That the proposals for maintenance and conservation of the common
open space are reliable and the amount, location and purpose of the
common open space are adequate.
(3)
That provision through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic
and the amenities of light and air, recreation and visual enjoyment
are adequate.
(4)
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established.
(5)
In the case of a proposed planned development which contemplates
construction over a period of years, that the terms and conditions
intended to protect the interests of the public and of the residents,
occupants and owners of the proposed development in the total completion
of the development are adequate.
E.
Action by Township.
(1)
The Land Use Board shall take action on a preliminary major site
plan application involving 10 acres of land or less and 10 dwelling
units or less or a preliminary major subdivision application involving
10 lots or less within 45 days after the application has been certified
complete by the administrative officer or within such further time
as may be consented to by the applicant. Failure of the Board to act
within the prescribed time period shall constitute approval of the
application, provided that any preliminary application, including
a request for variance relief pursuant to § 142-73A of this
chapter, shall be acted upon within 95 days after the application
has been certified complete by the administrative officer or within
such further time as may be consented to by the applicant.
[Amended 7-20-2022 by Ord. No. 2022-27]
(2)
The Land Use Board shall take action on a preliminary major site
plan application involving more than 10 acres of land or more than
10 dwellings or a preliminary major subdivision application involving
more than 10 lots within 95 days after the application has been certified
complete by the administrative officer or within such further time
as may be consented to by the applicant. Failure of the Board to act
within the prescribed time period shall constitute approval of the
application.
[Amended 7-20-2022 by Ord. No. 2022-27]
(3)
The Land Use Board shall take action on a preliminary major site plan application or a preliminary major subdivision application as prescribed in Subsection E(1) and (2) hereinabove unless said preliminary site plan and/or preliminary subdivision application is being considered by the Land Use Board simultaneously with an application for a use variance in accordance with § 142-66A(4)[1] of this chapter, in which case the Land Use Board shall
act on all aspects of the application within 120 days after the application
has been certified complete by the administrative officer or within
such further time as may be consented to by the applicant. Failure
of the Board to act within the prescribed time period shall constitute
approval of the application.
[Amended 7-20-2022 by Ord. No. 2022-27]
(4)
Should either the administrative officer or the Board determine that
the application is incomplete, the administrative officer shall, within
45 days from the date of submission of the application, notify the
applicant, in writing, of the reasons for such a determination, and
the applicant may thereafter submit an appropriately revised application
to the administrative officer as in the first instance. If the administrative
officer neither certifies to the applicant that the application is
complete nor notices the applicant in writing that the application
has been determined to be incomplete, then the application shall be
considered certified complete, and the time period for action by the
Board shall commence.
(5)
Reports and recommendations.
(a)
The administrative officer shall read the reports from any group
or individual which has received the plat or plan at the request of
the Board and shall draft a report to the Board reflecting upon the
comments received. The administrative officer shall offer recommendations
to the Board at the regularly scheduled meeting of the Board within
45 days of the submission of the application to the Township.
(b)
The Technical Review Committee shall review site plan applications
and subdivision applications to ascertain their conformity with the
requirements of this chapter. The Technical Review Committee shall
offer its recommendations to the Board at a regularly scheduled meeting
of the Board prior to the Board hearing the application.
(6)
All hearings held on applications for preliminary major subdivision
approval (and in certain cases preliminary major site plan approval)
shall require public notice of the hearing. The Board shall set the
date, time and place for the public hearing and shall inform the applicant
of this at least 14 days prior to said hearing date. Notice of the
hearing shall be given by the applicant at least 10 days prior to
the date of the hearing. See § 142-70E.[2]
(7)
The recommendations of the County Planning Board and those of all
other agencies and officials to whom the preliminary plat or plan
was submitted shall be given careful consideration in the final decision
on the development application. If the County Planning Board or the
Municipal Professional Engineer approves the preliminary submission,
such approval shall be noted on the plat or plan. If the Board acts
favorably on the preliminary plat or plan, the Chairman and Secretary
of the Board (or the Acting Chairman or Secretary, where either or
both may be absent) and the Municipal Engineer shall affix their signatures
to at least 10 copies of the plat or plan with the notation that it
has been approved.
(8)
Should minor revisions or additions to the plan be deemed necessary,
the Board may grant preliminary approval subject to specified conditions
and receipt of revised plans within 30 days from the date of said
approval. Should major revisions be deemed necessary, the Board shall
require that an amended plan be submitted and acted upon as in the
case of the original application for preliminary approval.
(9)
If the Board, after consideration and discussion of the preliminary
plat or plan, determines that it is unacceptable, a notation shall
be made by the Chairman of the Board to that effect on the plat or
plan and a resolution adopted setting forth the reasons for such rejection.
One copy of the plat or plan and the resolution shall be returned
to the applicant within 10 days of such determination.
F.
Effect of preliminary approval. Preliminary approval shall confer
upon the applicant the following rights for a three-year period from
the date of the preliminary approval:
(1)
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions; and off-tract improvements.
(2)
That the applicant may submit for final approval, on or before the
expiration date of preliminary approval, the whole or a section or
sections of the preliminary plat or plan.
(3)
That the applicant may apply in writing for and the Board may grant
extensions on such preliminary approval for additional periods of
at least one year, but not to exceed a total extension of two years,
provided that, if the design standards have been revised by ordinance,
such revised standards may govern.
G.
Extension of rights of preliminary approval in certain cases.
(1)
In the case of a subdivision of or site plan for an area of 50 acres
or more, the Board may grant the rights of preliminary approval for
such period of time longer than three years as shall be determined
by the Board to be reasonable, taking into consideration:
(2)
The applicant may apply for thereafter and the Board may thereafter
grant an extension to preliminary approval for such additional period
of time as shall be determined by the Board to be reasonable, taking
into consideration:
(a)
The proposed phasing schedule, if any.
(b)
The number of dwelling units and nonresidential floor area permissible
under preliminary approval.
(c)
The potential number of dwelling units and nonresidential floor
area of the section or sections awaiting final approval.
(d)
Economic conditions.
(e)
The comprehensiveness of the development.
(3)
Whenever any such extension may be granted, if the design standards
have been revised, such revised standards may govern.
(4)
In no case shall the rights of preliminary approval extend for more
than 10 years beyond the date on which preliminary approval was granted.
A final submission is required of all subdivisions approved
at the preliminary submission stage and of all site plans which have
received preliminary approval.
A.
Procedure for submitting final plats and final plans.
(1)
A final plat or final plan shall be submitted to the administrative officer within three years after the date of preliminary approval or any authorized extension thereof. The applicant shall submit to the administrative officer at least 14 days, but no more than 21 days, prior to the first regularly scheduled monthly meeting of the Board (in the case of the Land Use Board, such submission will be prior to the regularly scheduled agenda meeting of that Board) 12 copies of the final plat or final plan and five copies of the appropriate application. Additionally, a fee shall be paid to the administrative officer as specified in § 142-84 of this chapter.
[Amended 7-20-2022 by Ord. No. 2022-27]
(2)
At least 10 days prior to the first regularly scheduled monthly meeting
of the Board, the administrative officer shall retain one copy each
of the final plat or plan and completed application and shall then
immediately distribute the remaining 11 copies of the final plat or
plan and four copies of the completed application in the following
manner:
(a)
Chairman of the Board: two copies of the final plat or plan
and one copy of the application.
(b)
County Planning Board: two copies of the final plat or plan
and one copy of the application.
(c)
Construction Official and Zoning Officer: one copy each of the
final plat or plan.
(d)
Township Engineer: one copy of the final plat or plan and one
copy of the application.
(e)
Township Tax Collector: one copy of the final plat or plan.
(f)
At the direction of the Board, additional copies shall be sent
to other municipal, county, regional, state and federal agencies and
officials, including, where applicable, the Federal Aviation Administration
and the Delaware and Raritan Canal Commission.
B.
Details required for final plats and final plans.
(2)
All additional details required at the time of preliminary approval
shall be submitted.
(3)
Detailed architectural and engineering data, including:
(a)
An architect's rendering of each building and sign or of a typical
building and sign showing front, side and rear elevations.
(b)
Cross sections, profiles and established grades of all streets,
aisles, lanes and driveways, as approved by the Township Engineer.
(c)
Plans and profiles of all storm and sanitary sewers and water
mains, as approved by the Township Engineer.
(d)
All dimensions of the exterior boundaries of any subdivision
shall be balanced and closed to a precision of one to 10,000 and the
dimensions of all lot lines to within one to 20,000. All dimensions,
angles and bearings must be tied to at least two permanent monuments
not less than 300 feet apart, and all information shall be indicated
on the plat. At least one corner of the subdivision shall be tied
to United States Geological Survey benchmarks, with data on the plat
as to how the bearings were determined.
(4)
The final submission shall accompanied by the following documents:
(a)
Certification from the Tax Collector that all taxes are paid
to date.
(b)
Certification that the applicant is the owner of the land or
his properly authorized agent or that the owner has given consent
under an option agreement.
(c)
Letters directed to the Chairman of the Board and signed by
a responsible official of the lighting agency, water company, and
of any other utility company or governmental authority or district
which provides accessory utility service and has jurisdiction in the
area, approving each proposed utility installation design and stating
who will construct the facility so that the service will be available
prior to occupancy.
(d)
A statement from the Township Engineer that he is in receipt
of a map showing all utilities in exact location and elevation, that
he has examined the drainage plan and found that the interests of
the Township and of neighboring properties are protected and that
he has identified those portions of any utilities already installed
and those to be installed. The applicant shall certify in writing
to the Board that he has:
(e)
A statement from the Township Engineer that all improvements installed prior to application have been inspected as provided in § 142-85 and that such improvements meet the requirements of the Township. Any improvements installed prior to application for final approval that do not meet or exceed Township standards shall be factored into the required performance guaranty. Where applicable, an as-built map, showing the exact location of all improvements, including utilities and their elevations, shall be required.
(f)
A statement from the Technical Review Committee as to the conformity
of the submission with the requirements of this chapter.
C.
Action by Township.
(1)
The Land Use Board shall take action on a final major site plan or
subdivision application within 45 days after the application has been
certified complete by the administrative officer or within such further
time as may be consented to by the applicant. Failure of the Board
to act within the prescribed time period shall constitute approval
of the application.
[Amended 7-20-2022 by Ord. No. 2022-27]
(2)
If the Board acts favorably on the final submission, the Chairman
and the Secretary of the Board (or the acting Chairman and Secretary
where either or both may be absent) and the Municipal Engineer shall
affix their signatures to at least 12 copies of the plat or plan with
a notation that it has been approved. The applicant shall furnish
such copies to the Board for signing. In the case of final subdivisions
only, the applicant shall include at least five Mylar copies of the
approved plat.
(3)
After approval of the final plat or plan by the Board, copies of
the signed plat or plan shall be furnished by the Secretary of the
Board to each of the following within 10 days from the date of such
approval:
(a)
Zoning Officer: Mylar or linen if applicable.
(b)
Construction Official and Zoning Officer.
(c)
Township Engineer: Mylar or linen if applicable.
(d)
Township Tax Assessor.
(e)
Board files: Mylar or linen if applicable.
(f)
The applicant: Mylar or linen if applicable.
(g)
Such other municipal, county, regional, state or federal agencies
or officials as directed by the Board, including, where applicable,
the Federal Aviation Administration and the Delaware and Raritan Canal
Commission.
(4)
Within 95 days of the date of approval by the Board of a final subdivision
plat, the subdivider shall file a copy of same with the County Clerk.
In the event of failure to file within 95 days, the approval of the
major subdivision shall expire, and any further proceedings shall
require the filing of a new sketch plat as in the first instance.
The Board, for good cause shown, may extend the time for filing for
an additional 95 days.
(5)
If the Board, after consideration and discussion of the final submission,
determines that it is unacceptable, a notation shall be made by the
Chairman of the Board to that effect on the plat or plan and a resolution
adopted setting forth the reasons for such rejection. One copy of
the plat or plan and a resolution shall be returned to the applicant
within 10 days of such determination.
D.
Effect of final approval. Final approval of a subdivision or site
plan shall confer upon the applicant the following rights for a two-year
period from the date of final approval:
(1)
The zoning requirements applicable to the preliminary approval first
granted and all other rights conferred upon the developer, whether
conditionally or otherwise, shall not be changed.
(2)
If the developer has followed the standards prescribed for final
approval, the Board may extend the period of protection for extensions
of one year each, not exceeding three such extensions.
E.
Extension of rights of final approval in certain cases.
(1)
In the case of subdivisions and site plans involving planned village
development, planned commercial development or cluster residential
development of 50 acres or more or conventional subdivisions or site
plans for 150 acres or more, the Board may grant the rights of final
approval for such period of time longer than two years as shall be
determined by the Board to be reasonable, taking into consideration:
(2)
The developer may apply for thereafter and the Board may thereafter
grant an extension of final approval for such additional period of
time as shall be determined by the Board to be reasonable, taking
into consideration:
Any application for development submitted before July 1, 1984,
to a municipal agency pursuant to lawful authority may be continued
at the option of the applicant, and the municipal agency shall have
every power it possessed before July 1, 1984, in regard to any such
application.
[Amended 7-21-2017 by Ord. No. 2017-12]
Purpose. The purpose of this section is to provide for and regulate
affordable housing in the Township.
A.
ACT
ADAPTABLE
ADMINISTRATIVE AGENT
AFFIRMATIVE MARKETING
AFFORDABILITY AVERAGE
AFFORDABLE
AFFORDABLE HOUSING DEVELOPMENT
AFFORDABLE HOUSING PROGRAM(S)
AFFORDABLE UNIT
AGE-RESTRICTED UNIT
AGENCY
ALTERNATIVE LIVING ARRANGEMENTS
ASSISTED LIVING RESIDENCE
CERTIFIED HOUSEHOLD
COAH
DCA
DEFICIENT HOUSING UNIT
DEVELOPER
DEVELOPMENT
INCLUSIONARY DEVELOPMENT
LOW-INCOME HOUSEHOLD
LOW-INCOME UNIT
MAJOR SYSTEM
MARKET-RATE UNITS
MEDIAN INCOME
MODERATE-INCOME HOUSEHOLD
MODERATE-INCOME UNIT
MULTIFAMILY UNIT
NONEXEMPT SALE
RANDOM SELECTION PROCESS
REGIONAL ASSET LIMIT
REHABILITATION
RENT
RESTRICTED UNIT
UHAC
VERY-LOW-INCOME UNIT
VERY-LOW-INCOME HOUSEHOLD
WEATHERIZATION
Definitions. The following terms when used in this section shall
have the meanings given in this subsection:
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.).
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
The entity designated by the Township to administer affordable
units in accordance with this section, N.J.A.C. 5:93, and UHAC (N.J.A.C.
5:80-26).
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which new restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
A sales price or rent level that is within the means of a
low- or moderate-income household as defined within N.J.A.C. 5:93-7.4,
and, in the case of an ownership unit, that the sales price for the
unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as
may be amended and supplemented, and, in the case of a rental unit,
that the rent for the unit conforms to the standards set forth in
N.J.A.C. 5:80-26.12, as may be amended and supplemented.
A development included in or approved pursuant to the Housing
Element and Fair Share Plan or otherwise intended to address the Township's
fair share obligation, and includes, but is not limited to, an inclusionary
development, a municipal construction project or a one-hundred-percent
affordable housing development.
Any mechanism in a municipal Fair Share Plan prepared or
implemented to address a municipality's fair share obligation.
A housing unit proposed or created pursuant to the Act and
approved for crediting by the court and/or funded through an affordable
housing trust fund.
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that: 1) all the residents of the development wherein the unit
is situated are 62 years of age or older; or 2) at least 80% of the
units are occupied by one person who is 55 years of age or older;
or 3) the development has been designated by the Secretary of the
U.S. Department of Housing and Urban Development as "housing for older
persons" as defined in Section 807(b)(2) of the Fair Housing Act,
42 U.S.C. § 3607.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
A structure in which households live in distinct bedrooms,
yet share kitchen and plumbing facilities, central heat and common
areas. Alternative living arrangements include, but are not limited
to: transitional facilities for the homeless; Class A, B, C, D and
E boarding homes as regulated by the State of New Jersey Department
of Community Affairs; residential health care facilities as regulated
by the New Jersey Department of Health; group homes for the developmentally
disabled and mentally ill as licensed and/or regulated by the New
Jersey Department of Human Services; and congregate living arrangements.
A facility that is licensed by the New Jersey Department
of Health and Senior Services to provide apartment-style housing and
congregate dining and to assure that assisted living services are
available when needed for four or more adult persons unrelated to
the proprietor and that offers units containing, at a minimum, one
unfurnished room, a private bathroom, a kitchenette and a lockable
door on the unit entrance.
A household that has been certified by an administrative
agent as a low-income household or moderate-income household.
The Council on Affordable Housing, as established by the
New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that
requires the repair or replacement of a major system. A major system
includes weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint
abatement and/or load-bearing structural systems.
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
included in a proposed development including the holder of an option
to contract to purchase, or other person having an enforceable proprietary
interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
A development containing both affordable units and market-rate
units. This term includes, but is not limited to: new construction,
the conversion of a nonresidential structure to residential use and
the creation of new affordable units through the gut rehabilitation
or reconstruction of a vacant residential structure.
A household with a total gross annual household income equal
to 50% or less of the regional median household income by household
size.
A restricted unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building which
include but are not limited to weatherization, roofing, plumbing (including
wells), heating, electricity, sanitary plumbing (including septic
systems), lead paint abatement and load-bearing structural systems.
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
The median income by household size for the applicable housing
region, as adopted annually by COAH or a successor entity approved
by the court.
A household with a total gross annual household income in
excess of 50% but less than 80% of the regional median household income
by household size.
A restricted unit that is affordable to a moderate-income
household.
A structure containing five or more dwelling units.
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a class A
beneficiary and the transfer of ownership by court order.
A process by which current income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by duly adopted regional income limits published annually
by COAH or a successor entity.
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted living residences, rent does
not include charges for food and services.
A dwelling unit, whether a rental unit or an ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as amended and supplemented, but does not include a market-rate unit
financed under UHORP or MONI.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26 et seq.
A restricted unit that is affordable to a very-low-income
household.
A household with a total gross annual household income equal
to 30% or less of the regional median household income by household
size.
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for purposes of a rehabilitation
program.
B.
Applicability. The provisions of this section shall apply to all
affordable housing developments and affordable housing units that
currently exist and that are proposed to be created within the Township
of Robbinsville pursuant to the Township's most recently adopted Housing
Element and Fair Share Plan.
C.
Alternative living arrangements.
(1)
The administration of an alternative living arrangement shall be
in compliance with N.J.A.C. 5:93-5.8 and UHAC, with the following
exceptions:
(2)
With the exception of units established with capital funding through
a twenty-year operating contract with the Department of Human Services,
Division of Developmental Disabilities, alternative living arrangements
shall have at least thirty-year controls on affordability in accordance
with UHAC, unless an alternative commitment is approved by the court.
(a)
The service provider for the alternative living arrangement
shall act as the administrative agent for the purposes of administering
the affirmative marketing and affordability requirements for the alternative
living arrangement.
D.
Inclusionary zoning.
(1)
To implement the fair share plan in a manner consistent with the
terms of the settlement agreement, ensure the efficient use of land
through compact forms of development and to create realistic opportunities
for the construction of affordable housing, inclusionary zoning shall
be permitted on the following properties consistent with the provisions
of the Amended and Restated Robbinsville Redevelopment Plan, the Township
of Robbinsville's Housing Plan Element and Fair Share Plan, and the
terms of the settlement agreement:
(a)
Any townhouse, garden apartment, mixed-use development or other
multiple-family residential development, including PURDS, within a
designated redevelopment property identified in the Amended and Restated
Robbinsville Redevelopment Plan shall provide a minimum affordable
housing set-aside of 15% of the total number of units, if the affordable
units will be for rent and 20% of the total number of units, if the
affordable units will be for sale.
(b)
Any property in the Township of Robbinsville that is currently
zoned for nonresidential uses and that is subsequently rezoned for
residential purposes or receives a use variance to permit residential
development, or that is currently zoned for residential uses and that
receives a zoning change or a density variance to permit residential
development, or for which residential development is permitted through
adoption of a redevelopment plan or amended redevelopment plan in
areas in need of redevelopment or rehabilitation, which residential
development is a townhouse, garden apartment, mixed-use development
or other multiple-family residential development, including PURDS,
which residential development is at a gross density of at least six
units per acre and, in cases in which there was a previously specified
residential gross density, not less than twice the previously permitted
gross density, shall provide an affordable housing set-aside of 15%
if the affordable units will be for rent and 20% if the affordable
units will be for sale.
(2)
Pertaining to the foregoing properties, any townhouse, garden apartment,
mixed-use development or other multiple-family residential development,
including PURDS, that will contain five or more dwelling units shall
comply with the following:
(a)
A minimum of 15% of the total number of units shall be set aside
as affordable housing units if the affordable units will be for rent.
If the calculation of the total number of affordable units required
yields a fraction of less than 0.5 then either a pro-rated payment
in lieu or one additional unit shall be provided. If the calculation
of the total number of affordable units required yields a fraction
greater than 0.5, the obligation shall be rounded up and the additional
unit shall be provided.
(b)
A minimum of 20% of the total number of units shall be set aside
as affordable housing units if the affordable units will be for sale.
If the calculation of the total number of affordable units required
yields a fraction of less than 0.5, then either a pro-rated payment
in lieu or one additional unit shall be provided. If the calculation
of the total number of affordable units required yields a fraction
of greater than 0.5, the obligation shall be rounded up and the additional
unit shall be provided.
(c)
At least half of all affordable units shall be affordable to
low-income households, and the remainder may be affordable to moderate-income
households. Within rental developments, at least 13% of the affordable
units shall be affordable to very-low-income households, with the
very-low-income units counted as part of the low-income requirement.
E.
Phasing schedule for inclusionary zoning.
(1)
In inclusionary developments the following schedule shall be followed:
Maximum Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
---|---|
25
|
0
|
25+1
|
10
|
50
|
50
|
75
|
75
|
90
|
100
|
F.
New construction.
(1)
Low/moderate split and bedroom distribution of affordable housing
units:
(a)
The fair share obligation shall be divided equally between low-
and moderate-income units, except that where there is an odd number
of affordable housing units, the extra unit shall be a low-income
unit. At least 13% of all restricted rental units shall be very-low-income
units (affordable to a household earning 30% or less of median income).
The very-low-income units shall be counted as part of the required
number of low-income units within the development.
(b)
At least 25% of the obligation shall be met through rental units,
including at least half in rental units available to families.
(c)
A maximum of 25% of the Township's obligation may be met with
age-restricted units. At least half of all affordable units in the
Township's Plan shall be available to families.
(d)
In each affordable development, at least 50% of the restricted
units within each bedroom distribution shall be low-income units.
(e)
Affordable developments that are not age-restricted shall be
structured in conjunction with realistic market demands such that:
[1]
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total low- and moderate-income units;
[2]
At least 30% of all low- and moderate-income units shall be
two-bedroom units;
[3]
At least 20% of all low- and moderate-income units shall be
three-bedroom units; and
[4]
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
(f)
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
low- and moderate-income units within the inclusionary development.
This standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
(2)
Accessibility requirements:
(a)
The first floor of all restricted townhouse dwelling units and
all restricted units in all other multistory buildings shall be subject
to the technical design standards of the Barrier Free Subcode, N.J.A.C.
5:23-7, and the following:
(b)
All restricted townhouse dwelling units and all restricted units
in other multistory buildings in which a restricted dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
[1]
An adaptable toilet and bathing facility on the first floor;
[2]
An adaptable kitchen on the first floor;
[3]
An interior accessible route of travel on the first floor;
[4]
An adaptable room that can be used as a bedroom, with a door
or the casing for the installation of a door, on the first floor;
[5]
If not all of the foregoing requirements in Subsection F(2)(b)[1] through [4] can be satisfied, then an interior accessible route of travel must be provided between stories within an individual unit, but if all of the terms of Subsection F(2)(b)[1] through [4] above have been satisfied, then an interior accessible route of travel shall not be required between stories within an individual unit; and
[6]
An accessible entranceway as set forth at P.L. 2005, c. 350
(N.J.S.A. 52:27D-311a et seq.), and the Barrier Free Subcode, N.J.A.C.
5:23-7, or evidence that Robbinsville has collected funds from the
developer sufficient to make 10% of the adaptable entrances in the
development accessible:
[a]
Where a unit has been constructed with an adaptable
entrance, upon the request of a person with disabilities who is purchasing
or will reside in the dwelling unit, an accessible entrance shall
be installed.
[b]
To this end, the builder of restricted units shall
deposit funds within the Township of Robbinsville's Affordable Housing
Trust Fund sufficient to install accessible entrances in 10% of the
affordable units that have been constructed with adaptable entrances.
[c]
The funds deposited under Subsection F(2)(b)[6][b]
above shall be used by the Township of Robbinsville for the sole purpose
of making the adaptable entrance of an affordable unit accessible
when requested to do so by a person with a disability who occupies
or intends to occupy the unit and requires an accessible entrance.
[d]
The developer of the restricted units shall submit
a design plan and cost estimate to the Construction Official of the
Township of Robbinsville for the conversion of adaptable to accessible
entrances.
[e]
Once the Construction Official has determined that
the design plan to convert the unit entrances from adaptable to accessible
meets the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7,
and that the cost estimate of such conversion is reasonable, payment
shall be made to the Township's Affordable Housing Trust Fund in care
of the Township Chief Financial Officer who shall ensure that the
funds are deposited into the Affordable Housing Trust Fund and appropriately
earmarked.
[f]
Full compliance with the foregoing provisions shall
not be required where an entity can demonstrate that it is "site impracticable"
to meet the requirements. Determinations of site impracticability
shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.
(4)
Maximum rents and sales prices:
[Amended 10-3-2018 by Ord. No. 2018-29]
(a)
In establishing rents and sales prices of affordable housing
units, the Administrative Agent shall follow the procedures set forth
in UHAC, utilizing the most recently published regional weighted average
of the uncapped Section 8 income limits published by HUD and using
the following calculation procedures approved by the Court.
(b)
Income limits for all units that are part of the Township's
Housing Element and Fair Share Plan and for which income limits are
not already established through a federal program exempted from the
UHAC pursuant to N.J.A.C. 5:80-26.1 shall be updated by the Township
annually within 30 days of the publication of determinations of median
income by the Department of Housing and Urban Development ("HUD")
as follows:
[1]
Regional income limits shall be established for the region in
which the Township is located based on the median income by household
size, which shall be established by a regional weighted average of
the uncapped Section 8 income limits published by HUD. To compute
this regional income limit, the HUD determination of median county
income for a family of four is multiplied by the estimated number
of households within the county according to the most recent decennial
census. The resulting product for each county within the housing region
is summed. The sum is divided by the estimated total households from
the most recent decennial census in the Township's housing region.
This quotient represents the regional weighted average of median income
for a household of four. The income limit for a moderate-income unit
for a household of four shall be 80% of the regional weighted average
median income for a family of four. The income limit for a low-income
unit for a household of four shall be 50% of the HUD determination
of the regional weighted average median income for a family of four.
The income limit for a very-low-income unit for a household of four
shall be 30% of the regional weighted average median income for a
family of four. These income limits shall be adjusted by household
size based on multipliers used by HUD to adjust median income by household
size. In no event shall the income limits be less than those for the
previous year.
[2]
The income limits are the result of applying the percentages set forth in Subsection F(4)(b)[1] above to HUD's determination of median income for the fiscal year 2018, and shall be utilized until the Township updates the income limits after HUD has published revised determinations of median income for the next fiscal year.
[3]
The regional asset limit used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)(3) shall be calculated by the Township annually by taking the percentage increase of the income limits calculated pursuant to Subsection F(4)(b)[1] above over the previous year's income limits, and applying the same percentage increase to the regional asset limit from the prior year. In no event shall the regional asset limit be less than that for the previous year.
(c)
In establishing sale prices and rents of affordable housing
units, the Township's Administrative Agent shall follow the procedures
set forth in UHAC, utilizing the regional income limits established
pursuant to the process defined above.
(d)
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for restricted rental units
shall be affordable to households earning no more than 52% of median
income.
(e)
The developers and/or municipal sponsors of restricted rental
units shall establish at least one rent for each bedroom type for
both low-income and moderate-income units, provided that at least
13% of all low- and moderate-income rental units shall be affordable
to very-low-income households, which very-low-income units shall be
part of the low-income requirement.
(f)
The maximum sales price of restricted ownership units within
each affordable development shall be affordable to households earning
no more than 70% of median income, and each affordable development
must achieve an affordability average of 55% for restricted ownership
units; in achieving this affordability average, moderate-income ownership
units must be available for at least three different sales prices
for each bedroom type, and low-income ownership units must be available
for at least two different sales prices for each bedroom type.
(g)
In determining the initial sales prices and rent levels for
compliance with the affordability average requirements for restricted
units other than assisted living facilities and age-restricted developments,
the following standards shall be used:
[1]
A studio shall be affordable to a one-person household;
[2]
A one-bedroom unit shall be affordable to a one-and-one-half
person household;
[3]
A two-bedroom unit shall be affordable to a three-person household;
[4]
A three-bedroom unit shall be affordable to a four-and-one-half-person
household; and
[5]
A four-bedroom unit shall be affordable to a six-person household.
(h)
In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units in
assisted living facilities and age-restricted developments, the following
standards shall be used:
(i)
The initial purchase price for all restricted ownership units
shall be calculated so that the monthly carrying cost of the unit,
including principal and interest (based on a mortgage loan equal to
95% of the purchase price and the Federal Reserve H.15 rate of interest),
taxes, homeowner and private mortgage insurance and condominium or
homeowner's association fees do not exceed 28% of the eligible monthly
income of the appropriate size household as determined under N.J.A.C.
5:80-26.4, as may be amended and supplemented; provided, however,
that the price shall be subject to the affordability average requirement
of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(j)
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30% of the eligible monthly income of the appropriate
size household, including an allowance for tenant-paid utilities,
as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented;
provided, however, that the rent shall be subject to the affordability
average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(k)
The resale prices of owner-occupied low- and moderate-income
units may increase annually based on the percentage increase in the
regional median income limit for each housing region determined pursuant
to the above methodology. In no event shall the maximum resale price
established by the administrative agent be lower than the last recorded
purchase price.
(l)
The rent levels of very-low-, low- and moderate-income units
may be increased annually based on the percentage increase in the
Housing Consumer Price Index for the Northeast Urban Area, upon its
publication for the prior calendar year. This increase shall not exceed
9% in any one year. Rents for units constructed pursuant to low-income
housing tax credit regulations shall be indexed pursuant to the regulations
governing low-income housing tax credits.
G.
Utilities.
(1)
Affordable units shall utilize the same type of heating source as
market units within an inclusionary development.
(2)
Tenant-paid utilities included in the utility allowance shall be
set forth in the lease and shall be consistent with the utility allowance
approved by HUD for its Section 8 program.
H.
Occupancy standards.
(1)
In referring certified households to specific restricted units, the
administrative agent shall, to the extent feasible and without causing
an undue delay in the occupancy of a unit, strive to:
I.
Control periods for restricted ownership units and enforcement mechanisms.
(1)
Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each
restricted ownership unit shall remain subject to the requirements
of this section for a period of at least 30 years, until Robbinsville
takes action to release the unit from such requirements; prior to
such action, a restricted ownership unit shall remain subject to the
requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented,
except that, for any units approved after October 13, 2016, such controls
shall be for at least 50 years, or until such time after the initial
fifty-year period as the Township of Robbinsville elects to release
the unit from such requirements.
(2)
The affordability control period for a restricted ownership unit
shall commence on the date the initial certified household takes title
to the unit.
(3)
Prior to the issuance of the initial certificate of occupancy for
a restricted ownership unit and upon each successive sale during the
period of restricted ownership, the administrative agent shall determine
the restricted price for the unit and shall also determine the nonrestricted,
fair market value of the unit based on either an appraisal or the
unit's equalized assessed value without the restrictions in place.
(4)
At the time of the initial sale of the unit, the initial purchaser
shall execute and deliver to the administrative agent a recapture
note obligating the purchaser (as well as the purchaser's heirs, successors
and assigns) to repay, upon the first nonexempt sale after the unit's
release from the restrictions set forth in this section, an amount
equal to the difference between the unit's nonrestricted fair market
value and its restricted price, and the recapture note shall be secured
by a recapture lien evidenced by a duly recorded mortgage on the unit.
(5)
The affordability controls set forth in this section shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
(6)
A restricted ownership unit shall be required to obtain a continuing
certificate of occupancy or a certified statement from the Construction
Official stating that the unit meets all Code standards upon the first
transfer of title following the removal of the restrictions provided
under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
J.
Price restrictions for restricted ownership units, homeowner association
fees and resale prices.
(1)
Price restrictions for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:
(a)
The initial purchase price for a restricted ownership unit shall
be approved by the administrative agent.
(b)
The administrative agent shall approve all resale prices, in
writing and in advance of the resale, to assure compliance with the
foregoing standards.
(c)
The master deeds of inclusionary developments shall provide
no distinction between the condominium or homeowner association fees
and special assessments paid by low- and moderate-income purchasers
and those paid by market purchasers.
(d)
The owners of restricted ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of anticipated capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom. See Subsection M.
K.
Buyer income eligibility.
(1)
Buyer income eligibility for restricted ownership units shall be
in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to 50% of median
income and moderate-income ownership units shall be reserved for households
with a gross household income less than 80% of median income.
(2)
Notwithstanding the foregoing, however, the administrative agent
may, upon approval by the Township Council, and subject to the Court's
approval, permit moderate-income purchasers to buy low-income units
in housing markets if the administrative agent determines that there
is an insufficient number of eligible low-income purchasers to permit
prompt occupancy of the units. All such low-income units to be sold
to moderate-income households shall retain the required pricing and
pricing restrictions for low-income units.
(3)
A certified household that purchases a restricted ownership unit
must occupy it as the certified household's principal residence and
shall not lease the unit; provided, however, that the administrative
agent may permit the owner of a restricted ownership unit, upon application
and a showing of hardship, to lease the restricted unit to another
certified household for a period not to exceed one year.
(4)
The administrative agent shall certify a household as eligible for
a restricted ownership unit when the household is a low-income household
or a moderate-income household, as applicable to the unit, and the
estimated monthly housing cost for the particular unit (including
principal, interest, taxes, homeowner and private mortgage insurance
and condominium or homeowner association fees, as applicable) does
not exceed 33% of the household's eligible monthly income.
L.
Limitations on indebtedness secured by ownership unit; subordination.
(1)
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the owner shall apply to the administrative agent
for a determination in writing that the proposed indebtedness complies
with the provisions of this section, and the administrative agent
shall issue such determination prior to the owner incurring such indebtedness.
(2)
With the exception of first purchase money mortgages, neither an
owner nor a lender shall at any time cause or permit the total indebtedness
secured by a restricted ownership unit to exceed 95% of the maximum
allowable resale price of the unit, as such price is determined by
the administrative agent in accordance with N.J.A.C. 5:80-26.6(b).
M.
Capital improvements to ownership units.
(1)
The owners of restricted ownership units may apply to the administrative
agent to increase the maximum sales price for the unit on the basis
of capital improvements made since the purchase of the unit. Eligible
capital improvements shall be those that render the unit suitable
for a larger household or that adds an additional bathroom. In no
event shall the maximum sales price of an improved housing unit exceed
the limits of affordability for the larger household.
(2)
Upon the resale of a restricted ownership unit, all items of property
that are permanently affixed to the unit or were included when the
unit was initially restricted (for example, refrigerator, range, washer,
dryer, dishwasher, wall-to-wall carpeting) shall be included in the
maximum allowable resale price. Other items may be sold to the purchaser
at a reasonable price that has been approved by the administrative
agent at the time of the signing of the agreement to purchase. The
purchase of central air conditioning installed subsequent to the initial
sale of the unit and not included in the base price may be made a
condition of the unit resale provided the price, which shall be subject
to ten-year, straight-line depreciation, has been approved by the
administrative agent. Unless otherwise approved by the administrative
agent, the purchase of any property other than central air conditioning
shall not be made a condition of the unit resale. The owner and the
purchaser must personally certify at the time of closing that no unapproved
transfer of funds for the purpose of selling and receiving property
has taken place at the time of or as a condition of resale.
N.
Control periods for restricted rental units.
(1)
Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and
each restricted rental unit shall remain subject to the requirements
of this section for a period of at least 30 years, until Robbinsville
takes action to release the unit from such requirements. Prior to
such action, a restricted rental unit shall remain subject to the
requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented,
except that, for any units approved after October 13, 2016, such controls
shall be for at least 50 years, or until such time after the initial
fifty-year period as the Township of Robbinsville elects to release
the unit from such requirements. For new projects receiving 9% low-income
housing tax credits, a control period of not less than a thirty-year
compliance period plus a fifteen-year extended use period shall be
required.
(2)
Deeds of all real property that include restricted rental units shall
contain deed restriction language. The deed restriction shall have
priority over all mortgages on the property, and the deed restriction
shall be filed by the developer or seller with the records office
of the County of Mercer. The deed shall also identify each affordable
unit by apartment number and/or address and whether that unit is designated
as a very-low-, low- or moderate-income unit. Neither the unit nor
its affordability designation shall change throughout the term of
the deed restriction. A copy of the filed document shall be provided
to the administrative agent within 30 days of the receipt of a certificate
of occupancy.
(3)
A restricted rental unit shall remain subject to the affordability
controls of this section despite the occurrence of any of the following
events:
O.
Rent restrictions for rental units; leases.
(1)
A written lease shall be required for all restricted rental units
and tenants shall be responsible for security deposits and the full
amount of the rent as stated on the lease. A copy of the current lease
for each restricted rental unit shall be provided to the administrative
agent.
(2)
No additional fees or charges shall be added to the approved rent
(except, in the case of units in an assisted living residence, to
cover the customary charges for food and services) without the express
written approval of the administrative agent.
(3)
Application fees (including the charge for any credit check) shall
not exceed 5% of the monthly rent of the applicable restricted unit
and shall be payable to the administrative agent to be applied to
the costs of administering the controls applicable to the unit as
set forth in this section.
(4)
No rent control ordinance or other pricing restriction shall be applicable
to either the market units or the affordable units in any development
in which at least 15% of the total number of dwelling units are restricted
rental units in compliance with this section.
P.
Tenant income eligibility.
(1)
Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13,
as may be amended and supplemented, and shall be determined as follows:
(a)
Very-low-income rental units shall be reserved for households
with a gross household income less than or equal to 30% of median
income.
(b)
Low-income rental units shall be reserved for households with
a gross household income less than or equal to 50% of median income.
(c)
Moderate-income rental units shall be reserved for households
with a gross household income less than 80% of median income.
(2)
The administrative agent shall certify a household as eligible for
a restricted rental unit when the household is a very-low-income household,
low-income household or a moderate-income household, as applicable
to the unit, and the rent proposed for the unit does not exceed 35%
(40% for age-restricted units) of the household's eligible monthly
income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended
and supplemented; provided, however, that this limit may be exceeded
if one or more of the following circumstances exists:
(a)
The household currently pays more than 35% (40% for households
eligible for age-restricted units) of its gross household income for
rent, and the proposed rent will reduce its housing costs;
(b)
The household has consistently paid more than 35% (40% for households
eligible for age-restricted units) of eligible monthly income for
rent in the past and has proven its ability to pay;
(c)
The household is currently in substandard or overcrowded living
conditions;
(d)
The household documents the existence of assets with which the
household proposes to supplement the rent payments; or
(e)
The household documents reliable anticipated third-party assistance
from an outside source such as a family member in a form acceptable
to the administrative agent and the owner of the unit.
Q.
Municipal Housing Liaison.
(1)
The Township of Robbinsville shall appoint a specific municipal employee
to serve as a Municipal Housing Liaison responsible for administering
the affordable housing program, including affordability controls,
the affirmative marketing plan, monitoring and reporting, and, where
applicable, supervising any contracted administrative agent. Robbinsville
shall adopt an ordinance creating the position of Municipal Housing
Liaison. Robbinsville shall adopt a resolution appointing a Municipal
Housing Liaison. The Municipal Housing Liaison shall be appointed
by the governing body and may be a full- or part-time municipal employee.
The Municipal Housing Liaison shall be approved by the court and shall
be duly qualified through a training program sponsored by Affordable
Housing Professionals of New Jersey before assuming the duties of
Municipal Housing Liaison.
(2)
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for Robbinsville,
including the following responsibilities which may not be contracted
out to the administrative agent:
(a)
Serving as Robbinsville's primary point of contact for all inquiries
from the state, affordable housing providers, administrative agents
and interested households;
(b)
Monitoring the status of all restricted units in Robbinsville's
Fair Share Plan;
(c)
Compiling, verifying and submitting annual monitoring reports
as may be required by the court;
(d)
Coordinating meetings with affordable housing providers and
administrative agents, as needed; and
(e)
Attending continuing education opportunities on affordability
controls, compliance monitoring and affirmative marketing at least
annually and more often as needed.
(3)
Subject to the approval of the court, the Township of Robbinsville
shall designate one or more administrative agent(s) to administer
newly constructed affordable units in accordance with UHAC. An operating
manual for each affordable housing program shall be provided by the
administrative agent(s) to be adopted by resolution of the governing
body and subject to approval of the court. The operating manual(s)
shall be available for public inspection in the office of the Township
Clerk, in the office of the Municipal Housing Liaison, and in the
office(s) of the administrative agent(s). The Municipal Housing Liaison
shall supervise the contracting administrative agent(s).
R.
Administrative agent. The administrative agent shall be an independent
entity serving under contract to and reporting to the municipality.
For new sale and rental developments, all of the fees of the administrative
agent shall be paid by the owners of the affordable units for which
the services of the administrative agent are required. For resales,
single-family homeowners and condominium homeowners shall be required
to pay 3% of the sales price for services provided by the administrative
agent related to the resale of their homes. That fee shall be collected
at closing and paid directly to the administrative agent. The administrative
agent shall perform the duties and responsibilities of an administrative
agent as set forth in UHAC, including those set forth in Sections
5:80-26.14, 5:80-26.16 and 5:80-26.18 thereof, which include:
(1)
Affirmative marketing:
(a)
Conducting an outreach process to affirmatively market affordable
housing units in accordance with the affirmative marketing plan of
the Township of Robbinsville and the provisions of N.J.A.C. 5:80-26.15;
and
(b)
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.
(2)
Household certification:
(a)
Soliciting, scheduling, conducting and following up on interviews
with interested households;
(b)
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;
(c)
Providing written notification to each applicant as to the determination
of eligibility or noneligibility;
(d)
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.;
(e)
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
(f)
Employing a random selection process as provided in the affirmative
marketing plan of the Township of Robbinsville when referring households
for certification to affordable units.
(3)
Affordability controls:
(a)
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;
(b)
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;
(c)
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the Mercer
County Register of Deeds or County Clerk's office after the termination
of the affordability controls for each restricted unit;
(d)
Communicating with lenders regarding foreclosures; and
(e)
Ensuring the issuance of continuing certificates of occupancy
or certifications pursuant to N.J.A.C. 5:80-26.10.
(4)
Resales and rerentals:
(a)
Instituting and maintaining an effective means of communicating
information between owners and the administrative agent regarding
the availability of restricted units for resale or rerental; and
(b)
Instituting and maintaining an effective means of communicating
information to low- and moderate-income households regarding the availability
of restricted units for resale or rerental.
(5)
Processing requests from unit owners:
(a)
Reviewing and approving requests for determination from owners
of restricted units who wish to take out home equity loans or refinance
during the term of their ownership that the amount of indebtedness
to be incurred will not violate the terms of this section;
(b)
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 depreciated cost of central air-conditioning
systems;
(c)
Notifying the municipality of an owner's intent to sell a restricted
unit; and
(d)
Making determinations on requests by owners of restricted units
for hardship waivers.
(6)
Enforcement:
(a)
Securing annually from the municipality a list 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;
(b)
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;
(c)
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 or other charges can be made;
(d)
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;
(e)
Establishing a program for diverting unlawful rent payments
to the municipality's Affordable Housing Trust Fund; and
(f)
Creating and publishing a written operating manual for each
affordable housing program administered by the administrative agent,
to be approved by the Township Council and the court, setting forth
procedures for administering the affordability controls.
(7)
Additional responsibilities:
(a)
The administrative agent shall have the authority to take all
actions necessary and appropriate to carry out its responsibilities
hereunder.
(b)
The administrative agent shall prepare monitoring reports for
submission to the Municipal Housing Liaison in time to meet any monitoring
requirements and deadlines imposed by the court.
(c)
The administrative agent shall attend continuing education sessions
on affordability controls, compliance monitoring, and affirmative
marketing at least annually and more often as needed.
S.
Affirmative marketing requirements.
(1)
The Township of Robbinsville shall adopt by resolution an affirmative
marketing plan, subject to approval of the court that is compliant
with N.J.A.C. 5:80-26.15, as may be amended and supplemented.
(2)
The affirmative marketing plan is a regional marketing strategy designed
to attract buyers and/or renters of all majority and minority groups,
regardless of race, creed, color, national origin, ancestry, marital
or familial status, gender, affectional or sexual orientation, disability,
age or number of children to housing units which are being marketed
by a developer, sponsor or owner of affordable housing. The affirmative
marketing plan is intended to target those potentially eligible persons
who are least likely to apply for affordable units in that region.
In addition, as a result of the settlement agreement with FSHC, the
affirmative marketing plan shall require the notification of the New
Jersey State NAACP, the Trenton Branch of the NAACP, FSHC, Supportive
Housing Association and the Latino Action Network of affordable housing
opportunities. It is a continuing program that directs marketing activities
toward Housing Region 4 and is required to be followed throughout
the period of restriction.
(3)
The affirmative marketing plan shall provide a regional preference
for all households that live and/or work in Housing Region 4, comprised
of Mercer, Monmouth and Ocean Counties.
(4)
The municipality has the ultimate responsibility for adopting the
affirmative marketing plan and for the proper administration of the
Affirmative Marketing Program, including initial sales and rentals
and resales and rerentals. The administrative agent designated by
the Township of Robbinsville shall implement the affirmative marketing
plan to assure the affirmative marketing of all affordable units.
(5)
In implementing the affirmative marketing plan, the administrative
agent shall provide a list of counseling services to low- and moderate-income
applicants on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements, and landlord/tenant law.
(6)
The affirmative marketing plan shall describe the media to be used
in advertising and publicizing the availability of housing. In implementing
the affirmative marketing plan, the administrative agent shall consider
the use of language translations where appropriate.
(7)
The affirmative marketing process for available affordable units
shall begin at least four months (120 days) prior to the expected
date of occupancy.
(8)
Applications for affordable housing shall be available in several
locations, including, at a minimum, the county administration building
and/or the county library for each county within the housing region;
the municipal administration building and the municipal library in
the municipality in which the units are located; and the developer's
rental office. Preapplications shall be emailed or mailed to prospective
applicants upon request.
(9)
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner.
T.
Enforcement of affordable housing regulations.
(1)
Upon the occurrence of a breach of any of the regulations governing
the affordable unit by an owner, developer or tenant, the municipality
shall have all remedies provided at law or equity, including but not
limited to foreclosure, tenant eviction, a requirement for household
recertification, acceleration of all sums due under a mortgage, recuperation
of any funds from a sale in violation of the regulations, injunctive
relief to prevent further violation of the regulations, entry on the
premises, and specific performance.
(2)
After providing written notice of a violation to an owner, developer
or tenant of a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the municipality
may take the following action(s) against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
(a)
The municipality may file a court action pursuant to N.J.S.A.
2A:58-11 alleging a violation or violations of the regulations governing
the affordable housing unit. If the owner, developer or tenant is
adjudged by the court to have violated any provision of the regulations
governing affordable housing units, the owner, developer or tenant
shall be subject to one or more of the following penalties, at the
discretion of the court:
[1]
A fine of not more than $500 per day or imprisonment for a period
not to exceed 90 days, or both, provided that each and every day that
the violation continues or exists shall be considered a separate and
specific violation of these provisions and not a continuation of the
initial offense; in the case of an owner who has rented a low- or
moderate-income unit in violation of the regulations governing affordable
housing units, payment into the Township of Robbinsville Affordable
Housing Trust Fund of the gross amount of rent illegally collected;
[2]
In the case of an owner who has rented a low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment of an innocent tenant's reasonable relocation costs,
as determined by the court.
(b)
The municipality may file a court action in the Superior Court
seeking a judgment that would result in the termination of the owner's
equity or other interest in the unit, in the nature of a mortgage
foreclosure. Any such judgment shall be enforceable as if the same
were a judgment of default of the first purchase money mortgage and
shall constitute a lien against the low- or moderate-income unit.
[1]
The judgment shall be enforceable, at the option of the municipality,
by means of an execution sale by the Sheriff, at which time the low-
and moderate-income unit of the violating owner shall be sold at a
sale price which is not less than the amount necessary to fully satisfy
and pay off any first purchase money mortgage and prior liens and
the costs of the enforcement proceedings incurred by the municipality,
including attorney's fees. The violating owner shall have his right
to possession terminated as well as his title conveyed pursuant to
the Sheriff's sale.
[2]
The proceeds of the Sheriff's sale shall first be applied to
satisfy the first purchase money mortgage lien and any prior liens
upon the low- and moderate-income unit. The excess, if any, shall
be applied to reimburse the municipality for any and all costs and
expenses incurred in connection with either the court action resulting
in the judgment of violation or the Sheriff's sale. In the event that
the proceeds from the Sheriff's sale are insufficient to reimburse
the municipality in full as aforesaid, the violating owner shall be
personally responsible for the full extent of such deficiency, in
addition to any and all costs incurred by the municipality in connection
with collecting such deficiency. In the event that a surplus remains
after satisfying all of the above, such surplus, if any, shall be
placed in escrow by the municipality for the owner and shall be held
in such escrow for a maximum period of two years or until such earlier
time as the owner shall make a claim with the municipality for such.
Failure of the owner to claim such balance within the two-year period
shall automatically result in a forfeiture of such balance to the
municipality. Any interest accrued or earned on such balance while
being held in escrow shall belong to and shall be paid to the municipality,
whether such balance shall be paid to the owner or forfeited to the
municipality.
[3]
Foreclosure by the municipality due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the low- and moderate-income unit. Title shall be conveyed
to the purchaser at the Sheriff's sale, subject to the restrictions
and provisions of the regulations governing the affordable housing
unit. The owner determined to be in violation of the provisions of
this plan and from whom title and possession were taken by means of
the Sheriff's sale shall not be entitled to any right of redemption.
[4]
If there are no bidders at the Sheriff's sale, or if insufficient
amounts are bid to satisfy the first purchase money mortgage and any
prior liens, the municipality may acquire title to the low- and moderate-income
unit by satisfying the first purchase money mortgage and any prior
liens and crediting the violating owner with an amount equal to the
difference between the first purchase money mortgage and any prior
liens and costs of the enforcement proceedings, including legal fees
and the maximum resale price for which the low- and moderate-income
unit could have been sold under the terms of the regulations governing
affordable housing units. This excess shall be treated in the same
manner as the excess which would have been realized from an actual
sale as previously described.
[5]
Failure of the low- and moderate-income unit to be either sold
at the Sheriff's sale or acquired by the municipality shall obligate
the owner to accept an offer to purchase from any qualified purchaser
which may be referred to the owner by the municipality, with such
offer to purchase being equal to the maximum resale price of the low-
and moderate-income unit as permitted by the regulations governing
affordable housing units.
[6]
The owner shall remain fully obligated, responsible and liable
for complying with the terms and restrictions of governing affordable
housing units until such time as title is conveyed from the owner.
U.
Appeals. Appeals from all decisions of an administrative agent appointed
pursuant to this section shall be filed in writing with the court.
The following procedure is to be employed in connection with
requests for down payment assistance to qualified affordable housing
buyers who lack sufficient funds for the necessary down payment to
purchase an affordable housing unit:
A.
Applications for reimbursement shall be made by the previously qualified
affordable housing buyer to the office of community services on the
application form provided by said office. Said application shall be
processed through the Housing and Redevelopment Board on referral
from the Office of Community Services.
B.
Applicants shall be qualified upon satisfactory proof that their
total liquid assets are less than 10% of the purchase price of the
unit. Credits for closing costs provided by sellers to buyers shall
not be considered part of the gross purchase price for purposes of
the down payment assistance calculation.
C.
The maximum amount to be loaned to an applicant shall be 2% of the
purchase price. The basis for the establishment of said maximum loan
amount is due to established lending criteria regarding risk assessment
in the making of loans.
D.
Interest shall accrue at a rate of 5% per annum and the principal
and any accrued interest shall be paid at the time of transfer of
the ownership of the unit. In the event a unit which is the subject
of down payment assistance is found to be rented, the payment of the
principal and interest shall immediately be due and payable to the
Township.
E.
In the event a qualified unit purchaser owns the unit for a period
of 10 years or more, the interest on the loan shall be forgiven and
the only amount due and owing to the Township shall be for the principal
balance.
F.
Upon closing of title to the unit the qualified purchaser shall execute
a second mortgage and note to the Township as lender which will set
forth the terms of the repayment program.
G.
The governing body shall establish by resolution an application fee
to compensate for the time spent in reviewing and approving the application,
and for review and approval of the appropriate closing documents as
they relate to the Township.
H.
The down payment assistance program will be funded through the Affordable
Housing Fee Program. Any repayments of loans shall be redeposited
in said program account for future use for down payment assistance.
A.
General provisions. The planned unit residential development (PURD)
option may be exercised only for noncontiguous parcels located within
the Rural Residential and Town Center Districts, with a minimum of
one lot within each respective zone. Applicants exercising the planned
unit residential development (PURD) option shall submit an application
that includes land within both the Rural Residential District and
Town Center 1, 2 and/or 3 Overlay Districts in accordance with their
respective requirements. No transfer of credits to the TC-4 District
shall be permitted. Application for the PURD may only be made after
the base grid for that portion of the Town Center Districts intended
for importation of credits from the Rural Residential District has
received preliminary subdivision approval from the board of jurisdiction.
The applicant shall have secured through an equity interest all necessary
credits for increasing the permitted density in the Town Center receiving
area prior to final action being taken by the board of jurisdiction.
B.
Procedures and time periods for action. The board of jurisdiction
shall act upon an application for a PURD in the same time and manner
as for a preliminary major subdivision application pursuant to N.J.S.A.
40:55D-48. No action shall be taken upon the PURD application unless
a complete submission has been made in accordance with the PURD Checklist,
Appendix D, Schedule G, of this chapter.[1]
[1]
Editor's Note: Appendix D, Schedule G, is on file in the Township
offices.
C.
Findings for planned development. Prior to any approval of a planned
unit residential development, the board of jurisdiction shall find
the following facts and conclusions:
(1)
That departures by the proposed development from zoning regulations
otherwise applicable to the subject properties conform to the Zoning
Ordinance standards pursuant to N.J.S.A. 40:55D-65c;
(2)
That the proposals for the maintenance and conservation of common
open space are reliable, and the amount, location and purpose of the
common open space are adequate;
(3)
That provisions through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreation and visual enjoyment
are adequate;
(4)
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established;
(5)
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and the residents, occupants and
owners of the proposed development in the total completion of the
development are adequate;
(6)
That the proposed planned development will have adequate public water
and public sanitary sewer capacity for the intensity of development
requested.
D.
Required conditions of approval. Any approval of a PURD shall be
conditioned upon the following requirements:
(1)
Recording of development easement. A development easement shall be placed on all lands under which a noncontiguous transfer of credits is approved by the board of jurisdiction pursuant to the provisions of this section, excepting lots created in accordance with § 142-13L(9). The development easement shall prevent the further development of the parcel except as may be permitted pursuant to § 142-13L(8). The development easement shall run to the benefit of the Township of Robbinsville and may be assigned to another governmental entity or governmental or public agency upon action of the majority of the Township governing body, provided that a rescission clause shall be included requiring that ownership of said easement shall return to the Township should the land be diverted to any purpose other than farmland preservation, active and passive open space, or land to be conserved in its natural state. The development easement shall be subject to the review and approval of the board of jurisdiction attorney prior to recording with the office of the Mercer County Clerk. In the event that the Township creates a standardized form of development easement, said easement wording shall be utilized in any future recording.
(2)
Approval of receiving area plan. The use of credits transferred shall
only be for an approved, or upon the approval of a, preliminary site
plan or subdivision, as the case may be, for the additional units
permitted to be constructed under the PURD approval.
E.
Effect of approval. The effect and rights of the approval of the
PURD shall be as set forth in N.J.S.A. 40:55D-49 for preliminary major
site plans and subdivisions or as set forth in N.J.S.A. 40:55D-52
for final major site plans and subdivisions, as the case may be. Within
the time period so established, the applicant shall have the right
to perfect the transfer of credits from the sending area to the receiving
area as established in this section. Once the transfer of credits
has occurred, the credits are permanently established until used for
additional residential density in the Town Center.
F.
Recording of credits. The purchaser of transfer credits shall be
obligated to present credible evidence of the transfer to the Municipal
Clerk or other designee within 30 days of the transaction. Each and
every day in which the transaction record has not been so transmitted
to the Municipal Clerk within the specified time limit shall constitute
a separate violation of the provisions of this section and enforceable
by fine, imprisonment, and/or community service as otherwise provided
herein. The Municipal Clerk shall so record the transaction in the
Record of Transfer and annually in January provide a copy of the Record
of Transfer to the Department of Planning/Zoning and the Tax Assessor's
Office to be kept on file.
A.
Table of eligible development credits acquired by Township. The table
attached hereto as Exhibit B[1] and made part hereof sets forth the parcels of land within the Rural Residential District which the Township has acquired and the development credits allocated to each parcel as determined by the calculations in § 142-13L(4) which are eligible for sale by the Township pursuant to this § 142-83.
[1]
Editor's Note: Exhibit B is on file in the Township offices.
B.
Township authority. The Township shall be empowered to sell development credits it has purchased or otherwise acquired prior to the effective date of this § 142-83 from landowners within the Rural Residential District calculated and shown on the table attached hereto as Exhibit B to landowners within the Town Center District. Only parcels located in the Town Center Districts as set forth in § 142-82A meeting all of the following criteria are eligible to receive development credits purchased from the Township pursuant to this § 142-83:
(1)
The Town Center District parcel to which the development credits
are to be transferred is specifically designated in the Town Center
District regulations to receive additional density as a result of
the transfer of development rights.
(2)
The Town Center District parcel is the subject of a PURD plan incorporating
the additional units that have received preliminary subdivision or
preliminary site plan approval from the Land Use Board.
[Amended 7-20-2022 by Ord. No. 2022-27]
(3)
The Town Center District parcel contains existing on-tract roadway
and utility infrastructure, or such infrastructure is either planned
or under construction, specifically designed to accommodate the additional
development resulting from the transfer of development credits.
C.
Sale by public auction. The Township shall sell the development credits it has acquired by open public sale at auction to the highest bidder so as not to substantially impair the private sale of the land or transfer of development rights created. The auction sale shall be conducted in accordance with N.J.S.A. 40A:12-13 as applicable. The Township shall fix a minimum price for the development credits which shall generally reflect market value of the development credits prior to adoption of this § 142-83 and based upon the Chesterfield Township public auction of development credits referenced in the preamble of Ordinance No. 2005-12. The invitation to bid shall impose the restrictions on use of the credits as set forth in Subsection B(1) to (3) hereof.
D.
Use of funds. Funds received by the Township resulting from the sale
of development credits under this section shall be utilized for open
space preservation purposes, including, but not limited to, the funding
of a municipal development transfer bank, if any.