The following standards shall govern the erection,
construction or development of dwelling groups, consisting of garden
apartments rising to a height of not more than two stories or 30 feet:
A.
DWELLING GROUP or GARDEN APARTMENT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A group of two or more multifamily dwellings occupying a
lot, with any two or more structures having any yard or court in common.
Where a common wall construction is used, a building in a dwelling
group shall contain not less than four nor more than 12 dwelling units.
Where an interior corridor is used, a building in a dwelling group
shall contain not less than eight nor more than 24 dwelling units.
B.
Regulations as to principal buildings:
(1)
Each principal building shall have uninterrupted frontage
upon a street or upon a court; if said frontage is upon a court, the
least dimension of said court shall be not less than twice the average
height of the opposite bounding walls.
(2)
If the rear of any principal building shall be opposite
any other principal building, it shall be distant therefrom not less
than twice the average height of the opposite bounding walls.
(3)
The side of a principal building, if opposite the
side of another principal building, shall be separated therefrom by
a distance not less than the average height of the opposite walls,
except that where two principal buildings front on a public street,
the distance there between shall be not less than twice the average
height of the opposite bounding walls.
(4)
An offset to a court or yard may be considered as
part of such court or yard, provided that the offset is not deeper
in any part than it is wide on the open side and that such open side
in no case shall be less than 10 feet wide.
(5)
No principal building shall exceed 160 feet in length
in its longest dimension. No wall of a principal building nor the
combined walls of two attached buildings running parallel or approximately
parallel to a street shall exceed 100 feet in length.
(6)
No front yard shall be used for service, such as clothes
drying, automobile parking or storage, to the family dwelling units.
(7)
Each principal building shall provide both a front
and rear service entrance.
C.
The coverage by principal buildings shall be limited
to 25% of the lot area. Accessory buildings shall be permitted to
cover up to an additional 10% of the lot area. Parking areas and drives
shall not be permitted to cover more than 30% of the lot area.
D.
The owners of garden apartments shall be responsible
for the collection and disposal of garbage therein, all costs being
borne by the owners. Such collection and disposal of garbage shall
be performed in accordance with the requirements of Ordinance No.
3527 of the City of Clifton and any amendments thereto.[1] No incinerators shall be permitted or maintained as part
of a garden apartment or in garden apartments unless the same shall
meet all applicable standards, as required by municipal, state and
federal regulatory bodies.
E.
In all garden apartment dwelling groups, there shall
be provided usable open space for outdoor play areas for children
and space for outdoor recreation at the rate of 400 square feet per
family dwelling unit. Such space shall be not less than 25 feet in
its least dimension and shall be reserved, and maintained by the owner
and may be suitably fenced or screen-planted and shall be designated
and reserved as a play area.
F.
Garden apartment dwelling groups shall be subject to the requirements of site plan approval as set forth in Article VII of this chapter.
G.
All public utility facilities installed in a garden
apartment development, including but not limited to electrical wires,
telephone wires, sewerage pipes, gas lines and waterlines, shall be
installed beneath the surface of the ground.
H.
In any garden apartment dwelling group, not more than
15 dwelling units per acre shall be permitted or constructed.
I.
In any garden apartment dwelling group, parking facilities
shall be restricted for use of tenants and their guests.
J.
All parking areas maintained as part of a garden apartment
development shall be so lighted as to provide not less than one footcandle
of illumination at all times in all parts of such areas.
K.
Parking area shall be provided in the amount of two
parking spaces per dwelling unit. In addition to the foregoing parking
area requirements, additional parking area shall be provided for visitors
in the amount of one parking space for each two dwelling units.
[Added 3-5-1985 by Ord. No. 4963-85]
The following standards shall govern the erection,
construction or development of high-rise apartments:
A.
HIGH-RISE APARTMENT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A multifamily dwelling or dwelling group six or more stories
in height with passenger elevators serving each floor.
B.
In any high-rise apartment development, no more than
60 dwelling units per acre may be constructed.
C.
The coverage by the principal building(s) shall be
limited to 15% of the site area, except that an accessory parking
structure, limited to two stories above ground may be permitted to
cover an additional 15% of the site area. An underground parking garage
upon the roof of which is situated permanent lawns, gardens and recreation
areas shall not be deemed a building in the computation of lot coverage.
Parking areas and access drives shall not be permitted to cover more
than 50% of the site area.
D.
The minimum distance between high-rise structures
on any site shall be 1/2 the height of the taller structure.
E.
All parking space, if leased or sold, shall be leased
or sold only to the tenants of the building, and, if leased, the leasing
fee shall be included in the rental fee for the apartment.
F.
There shall be no parking permitted on the interior
streets and access drives of any high-rise development.
G.
All parking areas maintained as a part of a high-rise
development shall be so lighted as to provide not less than one footcandle
of illumination at all times in all parts of such areas.
H.
Widths of rights-of-way and construction of primary
interior streets shall conform to prevailing City street standards.
I.
All public utility facilities installed within a high-rise
development or in connection with a high-rise development, including
but not limited to electrical wires, telephone wires, sewerage pipes,
gas lines and waterlines, shall be installed beneath the surface of
the ground. All costs shall be borne by the developer or owner(s).
J.
Sewage disposal facilities, including any required
off-site improvements, shall be installed according to the requirements
of the City of Clifton Engineering Department, all costs being borne
by the developer or owner.
K.
The owner(s) of the high-rise development shall be
responsible for the collection and disposal of garbage therein, all
costs being borne by the apartment owner(s). Such collection and disposal
shall comply with all applicable standards as required by municipal,
state and federal regulatory bodies.
L.
There shall be no commercial or office use permitted
in any high-rise residential structures, except those intended exclusively
for the use of the occupants, such as rental office, laundry, etc.
The following standards shall govern the construction
of townhouses:
A.
BASEMENT
BATHROOM (FULL)
BATHROOM (PARTIAL)
DWELLING UNIT
TOWNHOUSE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A story partly underground and having more than 1/2 of its
clear height below the finished grade. A basement shall not be considered
a story for purposes of height measurement in determining the permissible
number of stories when used solely for incidental or accessory storage
or for the housing of mechanical equipment, to include a hot-water
heater and furnace, for a washer, dryer, recreation room and a bathroom,
either partial or full. A basement may not be used for sleeping purposes.
A bathroom shall not be permitted in the basement unless the only
access to same is through an existing dwelling unit.
[Added 5-18-2004 by Ord. No. 6411-04]
Any enclosed space which contains a bathtub or shower, a
lavatory and a sink or fixtures serving similar purposes.
[Added 5-18-2004 by Ord. No. 6411-04]
Any enclosed space which contains a lavatory and a sink or
fixtures serving a similar purpose.
[Added 5-18-2004 by Ord. No. 6411-04]
Any room or group of rooms located within a building forming
a single habitable unit with facilities which are used, designed or
arranged to be used for living, sleeping, cooking and sanitary facilities.
A dwelling unit shall only be permitted to have one kitchen. If the
dwelling unit contains a basement, a full bathroom shall not be permitted
in the basement. A partial bathroom shall be permitted (a sink and
lavatory), provided the only access to same is through an existing
dwelling unit. If the dwelling unit contains an attic, a bathroom,
either partial or full, shall not be permitted in the attic.
[Added 5-18-2004 by Ord. No. 6411-04]
A dwelling unit having no less than two stories and a common
or party wall with an adjacent dwelling unit.
B.
Townhouses as defined in this chapter shall be subject
to the following regulations and restrictions:
(1)
Townhouses shall be built in groups of not less than
four nor more than eight individual townhouse units, except that the
maximum number of townhouse units in a single group may be increased
to 12 where all of said units do not front in the same direction.
(2)
The distance between each group of townhouses shall
be equal to the height of the highest group.
(3)
Of the townhouses in a single group which front in
the same direction, not more than two shall have the same setback.
The setback shall be at least two feet.
(4)
No single group of townhouses shall exceed a measurement
of 160 feet in its longest dimension.
(5)
The minimum width of a townhouse unit shall be 20
feet.
(6)
Front yards shall be maintained as open space and
shall not be used for service of any kind, such as clothes drying,
vehicle parking or storage.
(7)
No incinerators shall be permitted. Refuse areas containing
dumpsters or compactors shall be provided in such number and having
such areas, respectively, as may be determined necessary by the Health
Officer to adequately serve the health and welfare of the occupants
of each group or groups of townhouses.
[Amended 7-2-1985 by Ord. No. 4988-85]
(8)
All public utility facilities, including but not limited
to electrical and telephone wires, sewers and sewer connections, and
gas and water lines, shall be installed beneath the surface of the
ground.
(9)
Each townhouse shall be equipped with its own water-
, gas and sewer lines or connections, and with its own meters therefor.
(10)
Parking area shall be provided in the amount
of two parking spaces per townhouse. There shall be no parking area
located in the required front or side yards of a corner lot, and in
all other yards there shall be no parking area within 10 feet of any
lot line. In addition to the foregoing parking area requirements,
additional parking area shall be provided for visitors in the amount
of one parking space for each two dwelling units.
[Amended 3-5-85 by Ord. No. 4963-85]
(11)
All parking areas shall be lighted in such a
manner as to provide not less than one footcandle of illumination
at all times in all parts of such parking areas.
(12)
Parking space if leased or sold shall be leased
or sold only to the tenants of the individual townhouses. If leased,
the leasing fee shall be included in the unit rentals.
(13)
No parking shall be permitted on interior streets
and access drives.
(14)
The coverage by the principal buildings shall
be limited to 25% of the lot area. Accessory buildings shall be permitted
to cover up to an additional 10% of the lot area. Parking areas and
drives shall not be permitted to cover more than 30% of the lot area.
(15)
Widths of rights-of-way and construction of
primary interior streets shall conform to prevailing City street standards.
(16)
The basement of each townhouse shall be used
for the location of utilities, storage, recreation room, bathroom
or garage, and for no other purpose.
[Amended 5-18-2004 by Ord. No. 6411-04]
(17)
No townhouse or any part thereof may be used
as and for professional office space by the occupant or by any other
person or persons.
(18)
No townhouse may be used or occupied by more
than one family.
(19)
Each townhouse shall have a front entrance and
a rear service entrance.
(20)
In any group or groups of townhouses, usable
open space for outdoor play areas and for outdoor recreation shall
be provided in the amount of 800 square feet per individual townhouse
unit. Such required recreation space shall not be less than 25 feet
in its shortest dimension and shall not be located in the required
front yard, nor within 10 feet of the side and rear property lines.
(21)
Any group or groups of townhouses shall be subject to the requirements of site plan approval as set forth in Article VII of this chapter.
(22)
In any group or groups of townhouses, not more
than 13 individual townhouse units per acre shall be permitted or
constructed.
(23)
The following accessory buildings and structures shall be permitted: accessory community facilities buildings for recreation purposes and meeting rooms only, which shall be designed and used exclusively to serve the townhouse occupants; garages not exceeding one story in height; and swimming pools and other recreational facilities, provided that all such accessory buildings and structures shall comply with the setback requirements of Article VIII.
A.
Use of trailers in connection with site construction.
The use of trailers in any zone in connection with site construction
shall be permitted, subject to the following restrictions and regulations:
(1)
Such trailers shall be located on the lot on which
construction is progressing and shall not be located within 25 feet
of the boundary line of any abutting residential lot.
(2)
Such trailers shall be used only as field offices
and storage and not for any dwelling use whatsoever.
(3)
Such trailers shall not be moved onto a construction
site until a building permit has been issued and shall be removed
from such site on or before the completion of construction.
B.
Parking and storage of boats and trailers (other than
recreational vehicles).
[Amended 6-19-1990 by Ord. No. 5420-90; 10-2-1090 by Ord. No. 5445-90]
(1)
Boats and related trailers in residential districts
shall not exceed 18 feet in length, as measured from outside dimensions,
including hitching devices. Boats and related trailers parked or stored
in business and industrial districts shall not exceed 22 feet in length,
as measured from outside dimensions, including hitching devices.
[Amended 9-7-1999 by Ord. No. 6080-99]
(2)
All trailers or boats shall be parked or stored either
in an enclosed garage or in the side or rear yard of a lot. No trailer
or boat shall be parked or stored in the front yard of a lot, in the
front of the front yard building line, or within the street side yard
of a corner lot.
(3)
Any trailer or boat parked in the side or rear yard
of any lot shall meet the requirements and regulations applicable
to accessory buildings in regard to setbacks. For the purposes of
this article, the requirements and regulations applicable to accessory
buildings located in an R District in regard to setbacks shall be
applicable in all zones or districts.
(4)
Any boat parked or stored in a side or rear yard and
not in an enclosed garage shall be screened from view. Such screening
shall not be less than six feet in height and shall consist of either
a trellis, latticework, decorative block, basketweave fencing, open
artistic block, shrubbery or other similar material approved by the
Zoning Officer, except that, when such screening exceeds six feet
in height, the same shall consist only of shrubbery. The size of screened
area shall be limited to the size of the boat or trailer to be screened,
plus an additional eight feet for length and width.
(5)
The area in which any trailer or boat is to be parked
or stored shall not preempt any off-street parking space required
to be provided by any provision of this chapter.
(6)
Prior to parking or storing any trailer or boat on
any lot, except within an enclosed garage, the owner of said lot shall
first apply to and obtain from the Zoning Officer a permit allowing
such parking or storage. Such permit shall expire on the first day
of January following its issuance and shall be renewed for additional
terms of one year each.
(7)
An application for such permit shall be made on forms
to be supplied by the Zoning Officer and shall set forth the following
information:
(8)
Such application shall be accompanied by a plot plan,
drawn to scale, showing the location where such trailer or boat is
to be parked or stored, the relation of such location to structures
located on the same lot and on abutting lots, the relation to the
boundary lines of abutting lots and the relation to such location
to the required side and rear yards. Such plot plan shall be reasonably
accurate and legible so as to enable the Zoning Officer to determine
if the application complies with the provisions of this chapter. If
a plot plan is not so accurate or legible, the Zoning Officer shall
require an applicant to resubmit the same.
(9)
An applicant for such permit shall pay a fee of $20
for the first issuance of such permit and a fee of $10 for each renewal
thereof. Such fees shall be paid to the Zoning Officer.
[Amended 4-18-2023 by Ord. No. 7813-23]
(10)
Temporary permit.
(a)
Nothing herein contained shall prohibit the
Zoning Officer from issuing a temporary permit, without fee, allowing
the temporary parking or storage of trailers or boats on any lot for
a period not exceeding 14 days, provided that the Zoning Officer makes
the following findings:
(b)
Not more than two temporary permits may be issued.
The second permit shall not be issued unless 90 days have expired
from the issuance of the first permit.
C.
Parking and storage of recreational vehicles. It
shall be unlawful for any person to park or store any recreational
vehicle as defined in this chapter on any property in the City of
Clifton, except as follows:
[Added 6-19-1990 by Ord. No. 5420-90; 10-2-90 by Ord. No. 5445-90]
(1)
In certain specified places in a residential zone
or on nonconforming residential premises as follows:
(a)
Within an enclosed building conforming with
all provisions, restrictions and regulations of this Clifton Zoning
Ordinance.
(b)
In the rear yard, which is defined for the purpose
of this chapter as the portion of the lot to the rear of the rear
line of the principal building only, provided that the recreational
vehicle shall:
(c)
In a side yard, which is defined for the purpose of this chapter as that portion of the lot to the side of the principal structure and between the front and rear lines of the principal structure only, in cases where a variance pursuant to N.J.S.A. 40:55D-70c is granted by the Board of Adjustment; provided, however, that if parked in a side yard, the limitations set forth in Subsection C(1)(b)[1] and [2] concerning rear yards shall also apply; provided further, however, that in the case of a corner lot, no portion of the recreational vehicle shall be closer to the side street than the setback requirements of the basic Zoning Ordinance for principal buildings where they front on said side street.
(2)
In a commercial or industrial zone as follows:
(a)
The owner of the property or his authorized
agent shall submit a plan to the Secretary of the Planning Board for
site review showing the location and use of all buildings or structures
on the lot and indicating the area where the recreational vehicle
shall be parked or stored. The plan must comply with all requirements
of this Zoning Ordinance. The fee shall be $25 per vehicle for such
approval in lieu of the normal site plan application fee.
(b)
In reviewing the plan, the Planning Board shall
give due consideration to the location of existing buildings and structures,
the proposed location of the recreational vehicles, the provision
of adequate light, air, access and egress, the appropriate use of
the land, adequate screening, appropriate fire protection and adequate
safety conditions.
(c)
The Planning Board shall render a decision within
45 days after receipt by the Board's secretary.
(d)
This subsection shall not apply to any property
used for nonresidential purposes and located within a business or
industrial district, for which site plan approval has been previously
granted, where only the classification of the vehicle parked or stored
thereon as recreation vehicle would cause the requirement of a new
filing.
(3)
Any recreational vehicle parked or stored in a side
or rear yard and not in an enclosed garage shall be screened from
view. Such screening shall not be less than six feet in height and
shall consist of either a trellis, latticework, basket-weave fencing,
stockade fencing, shrubbery or other similar material approved by
the zoning officer, except that, when such screening exceeds six feet
in height, the same shall consist only of shrubbery. Shrubbery shall
be of type and quantity to provide an immediate year-round screen
from the adjacent properties. Any fence shall have the least objectionable
side facing the adjacent property or the street. The width of screened
area shall be limited to the width of the recreational vehicle and
an additional eight feet. The length of screened area shall be limited
to the length of the recreational vehicle and an additional five feet.
In no case shall screening exceed 16 feet in width and 40 feet in
length.
(4)
Prohibited uses. Notwithstanding the locations set forth in Subsection C(1) herein, the following uses are prohibited:
(a)
No parked or stored recreational vehicle as
defined herein shall be occupied or used for human habitation, including
but not limited to sleeping, eating, resting or conducting business.
(b)
No parked or stored recreational vehicle as
defined herein which does not carry a valid current year's license
and/or registration or which is in a state of external, visible disrepair
or partial construction shall be parked or stored in any zone unless
it is stored within a completely enclosed building which conforms
with all the regulations of this Zoning Ordinance of the City of Clifton.
(c)
No recreational vehicle shall have fixed connections
to gas or sanitary sewer located on the property.
(5)
The area in which a recreational vehicle is to be
parked or stored shall not preempt any off-street parking space required
to be provided by any provision of this Zoning Ordinance, unless a
recreational vehicle displays a handicapped license plate or placard
issued by the New Jersey Division of Motor Vehicles.
(6)
Permit procedure.
(a)
No recreational vehicle shall be parked or stored
outside on any property under the provisions of this chapter unless
the owner of the property shall have received in advance a written
permit from the Zoning Officer of the City of Clifton. The written
permit shall be renewable annually upon submission of proof of the
current year's license or registration. Every permit shall expire
on the next succeeding March 31 after issuance. An application for
a renewal permit must be made within 60 days of the expiration of
the prior permit.
(b)
An application for such permit shall be made
on forms to be supplied by the Zoning Officer and shall set forth
the following information:
[1]
The name and address of the owner of the lot
on which a recreational vehicle is to be parked or stored.
[2]
The location of the property on which a recreational
vehicle is to be parked or stored, including street address and block
and lot.
[3]
New Jersey motor vehicle registration information.
[4]
Size of recreational vehicle, including overall
length and overall height.
(c)
Plot plan.
[1]
Any application for property in a residential
zone or used for residential purposes shall be accompanied by a plot
plan, drawn to scale, showing the following information:
[a]
Location and dimensions of the
recreational vehicle to be parked or stored.
[b]
Location and dimensions of the
recreational vehicle parking or storage area.
[d]
Type and height of screening to
be used.
[e]
Relationship of the recreational
vehicle storage area to structures on the same lot, structures on
abutting lots, the boundary lines of abutting lots and to the required
side and rear yards.
[2]
Such plot plan shall be reasonably accurate
and legible so as to enable the Zoning Officer to determine if the
application complies with the provisions of this chapter. If a plot
plan is not so accurate or legible, the Zoning Officer shall require
an applicant to resubmit the same.
(d)
An applicant for such permit shall pay a fee
of $5 for the first issuance of such permit and a fee of $2 for each
renewal thereof. Such fees shall be paid to the Zoning Officer.
(7)
If relief is required from any restriction imposed
by virtue of this section, application may be made to the Board of
Adjustment for a variance.
(8)
Except for special site plan permits issued in a commercial
or industrial zone, the recreational vehicle must be owned by or under
lease to the resident-owner of the premises on which it is parked,
or the tenant, if said dwelling unit is a rentable property, it being
the intention of this restriction to provide said permission only
for residents of the City and not to permit residents to accommodate
friends or family members resident outside of the municipality; in
the case of special permits for commercial or industrial zones, the
owner of the property or the tenant of the property seeking site plan
approval shall be limited to storing recreational vehicles owned by
residents of the City of Clifton, it being the intention of this chapter
to accommodate Clifton residents and not to create a use which would
engender or encourage a regional parking lot for said equipment.
(10)
Nothing contained herein shall prohibit the
temporary parking of a recreational vehicle in a driveway for a continuous
period of seven days but not longer than 14 days in any thirty-day
period.
(11)
Nothing contained herein shall prohibit the
temporary parking of a nonresident's recreational vehicle on property
of the resident owner for a period not to exceed 30 days, provided
that the following conditions are met:
(a)
The visiting recreational vehicle shall not
be used for sleeping or housekeeping purposes.
(b)
Prior to the parking of the visiting recreational
vehicle, a decal must be obtained from the Zoning Officer which must
be displayed on the windshield of the vehicle. The decal shall include
the name and address of vehicle owner, issuance date and expiration
date.
(c)
Temporary on-street parking of nonresident's
recreational vehicle shall be in accordance with regulatory Ordinance
No. 5421-90.
(d)
Such recreational vehicle does not exceed 35
feet in overall length.
D.
No more than one permit shall be issued, in effect
allowing the exterior parking or storage of either one recreational
vehicle or one boat or one boat-trailer combination or one trailer
on a particular lot at any given time.
A.
No use shall be established, maintained or conducted
in any district so that the same will cause any of the following:
(1)
Dissemination of smoke, fumes, gas, dust, fly ash
or any other atmospheric pollutant.
(2)
Noise perceptible beyond the boundaries of the lot
on which such use is conducted.
(3)
Vibration beyond the boundaries of the lot on which
such use is conducted.
(4)
Odors noticeable at the lot line or beyond.
(5)
Direct or reflect glare visible at the lot line.
(6)
Physical hazard by reason of fire, explosion, radiation
or similar cause to the property in the same or adjacent district.
B.
Any use established in any district shall meet all
requirements of the New Jersey Air Pollution Control Code, as amended
and augmented by regulations now in effect or hereafter adopted; the
New Jersey Noise Control Act of 1971, as amended and augmented by
regulations now in effect or hereafter adopted; the New Jersey Water
Pollution Control Act of 1977, as amended and augmented by regulations
now in effect or hereafter adopted;[1] and all other applicable state and federal environmental
control legislation.
[1]
Editor's Note: See N.J.S.A. 26:2C-1 et seq.,
N.J.S.A. 13:1G-1 et seq. and N.J.S.A. 58:10A-1 et seq., respectively.
C.
Enforcement of performance standards. Satisfactory
evidence shall be presented to the administrative officer that the
proposed use shall conform to the performance standards above. The
administrative officer may obtain expert advice, at the expense of
the applicant, regarding performance standards.
D.
Revocation of building permit and/or certificate of
occupancy. In the event of failure to comply with any provisions of
this chapter, including any conditions of site plan approval and any
performance standard as stated herein, the administrative officer
shall revoke the building permit or certificate of occupancy or take
such other steps as may be lawful to enforce such provisions.
The Municipal Council hereby finds that uniformity
in the exterior design and appearance of dwellings erected in the
same neighborhood tends to adversely affect the desirability of the
immediate and neighboring areas for residential purposes; tends to
impair the value of both improved and unimproved real property in
such areas with attendant deterioration of conditions affecting the
health, safety and morals of the inhabitants thereof and the community
at large; and tends to destroy a proper balance between the taxable
value of real property in such areas and the cost of municipal services
provided therefor. The following limitations shall be observed by
the administrative officer:
A.
No building permit shall hereafter be issued for any dwelling to be erected in a housing development consisting of two or more houses if it shall appear from the plans submitted therefor that said house is substantially alike in exterior design and appearance (as provided in the standards hereafter established in Subsection B of this section) with any adjacent dwelling situated on the same or opposite sides of the street within 150 feet of the proposed dwelling or within said distance from a proposed dwelling for which a building permit has been issued or is pending. The distance therein specified shall be construed to mean the distance between the street property lines of the respective properties.
B.
Houses within such specified distance from each other
shall be considered uniform in exterior design and appearance if they
have any one of the following characteristics:
(1)
The same basic dimensions and floor plans are used
without substantial differentiation of one or more exterior elevations.
(2)
The same basic dimensions and floor plans are used
without substantial change in orientation of houses on the lots.
(3)
The height and design of the roofs are without substantial
change in design and appearance.
(4)
The size, type and location of windows and doors in
the front elevation are without substantial differentiation.
[Added 3-18-1986 by Ord. No. 5062-86]
A.
Purpose and scope.
(1)
The Steep Slope District is an overlay zone
intended as an option to the underlying RA-1 and RA-3 zones in the
district.
(2)
It is the intent of the Steep Slope District
to establish special land use development controls in the area along
the west side of Valley Road to the western boundary of the City of
Clifton with Montclair, Little Falls, West Paterson and Paterson.
This area consists of the top of the cliff, the cliff face, the talus
slope and the side slope of Garrett Mountain. It includes both residentially
developed areas and undeveloped lands. The vacant parcels of land
remain as one of the few undeveloped areas in the City of Clifton
and are subject to increasing development pressures. Due to the environmental
sensitivity of steep-sloped topography, there is a special need to
control development which could create hazards such as flooding, soil
erosion or land slumps, or could destroy important public resources
such as ridgelines, tree masses or other amenities.
(3)
It is the purpose of this district to protect
the health, safety and general welfare of the people and property
within the City of Clifton from improper construction, building and
development on relatively steep-sloped areas in the City. In particular,
the aim of this district is to mitigate potential hazards which exist
in steep-sloped areas by reason of soil erosion, sedimentation, soil
slippage, flooding, surface water runoff, rockfall, destruction of
unique views, loss of vegetation and damage to downhill areas. Furthermore,
it is appropriate that special design and construction practices be
conducted within steep-sloped areas to preserve and maximize the best
use of the natural terrain and to maintain the critical land forms
intact to the extent reasonably possible and desirable.
B.
Applicability. The steep slope regulations shall apply
to all applications for development in the Steep Slope District except
single-family homes on preexisting lots. This would include, but not
be limited to, subdivisions, site plans and conditional uses.
C.
Permitted uses. The permitted principal uses in this
district shall be:
D.
Procedural requirements. For all land development
applications, the following information shall be submitted in addition
to other submission requirements of the Zoning Ordinance and Subdivision
Regulations:[1]
(1)
A topographic map of the subject property at
two-foot contour intervals, with the cross-slope identified by measurement
of those areas under 15%, 15.1% to 25%, 25.1% to 30% and over 30%
shall be submitted.
(2)
A soils engineering report regarding site characteristics
of the subject property to include the nature, distribution and suitability
of subsurface soils for load-bearing, stability and compaction, extent,
description and location of exposed rock; erodibility potential of
surface soils; permeability and available water-infiltration capacity;
depth to bedrock and seasonal highwater table; and the location, type
and intensity of vegetative cover on the subject property.
(3)
A geophysical-hydrologic report investigating
conditions of the site's underlying geologic formation and the hydrological
characteristics of the proposed development shall be submitted. It
must demonstrate that any adverse impacts can be overcome in such
a manner as to prevent hazard to life and property and to maintain
amenable site features for stormwater management, soil erosion and
sedimentation control, vegetative cover and exposed rock stability.
(4)
Site grading and development data shall be submitted
and shall include the type and location of development activity; procedures
for grading, excavation, construction access, stockpiling; extent
and phasing of construction; and cut and fill operations.
(5)
A land forms analysis prepared by a geologist
or a licensed professional engineer shall be submitted showing the
location and extent of the site's major landforms including the top
of cliff, base of cliff, the cliff face, talus slope and the side
slope. The landform analyses shall calculate the area in each landform
category.
(6)
Any other information which may be reasonably
necessary to determine compliance with this section.
E.
Performance standards. Each land development application
in this District shall accomplish the following in the preparation
of plans and specifications for site preparation and improvements:
(1)
The peak rate of surface water runoff after
development shall be controlled so that it is no greater than predevelopment
conditions for the twenty-five-year storm of twenty-four-hour duration.
(2)
Any exposed soils shall be stabilized both during
and after construction and development.
(3)
The number and extent of cuts shall be minimized
to prevent groundwater discharge or ponding.
(4)
The maximum number of trees and other vegetative
cover shall be preserved.
(5)
Soil and rock slippage shall be impeded, and
any environmentally sensitive areas shall be protected.
(6)
Improvements shall be designed to follow the
natural contours of the land, and to provide the least disruption
to the land form.
(7)
Blasting shall not be conducted unless clearly
necessary for site preparation. Blasting shall be conducted during
daylight hours consistent with municipal and state laws.
F.
Compliance with regulations of the Soil Conservation
District. All applications made under the provisions of the Steep
Slope District shall comply with the regulations governing the Hudson-Essex-Passaic
Soil Conservation District. The regulations adopted by the Soil Conservation
District in compliance with N.J.S.A 4:24-23 shall govern land disturbance
of construction in the Steep Slope District. Application to the Hudson-Essex-Passaic
Soil Conservation District shall be filed simultaneously with the
filing of an application with the City of Clifton. Any approvals granted
by the Planning Board or Board of Adjustment of the City of Clifton
shall be conditioned upon approval of the Hudson-Essex-Passaic Soil
Conservation District. A preapplication conference with the Soil Conservation
District may be requested by the applicant.
G.
Density computations.
(1)
Applicability. Uses identified in Subsection C, other than single-family detached dwellings on preexisting lots, are permitted only on sites of at least 3.5 acres in area in the Steep Slope District.
(2)
The maximum density for uses other than single-family
detached dwellings in the Steep Slope District shall not exceed seven
units per acre and shall be determined by the development controls
contained in this section.
H.
Impervious surface/open space ratios. The ratio of
maximum impervious surface to minimum open space on the area of the
parcel excluding the cliff face shall be based upon each slope category
as follows:
Average Slope
(percent)
|
Maximum Building Coverage
(percent)
|
Maximum Impervious Surface in Addition
to Buildings
(percent)
|
Minimum Open Space
(percent)
| |
---|---|---|---|---|
0-15
|
25
|
30
|
30
| |
15.1-25
|
15
|
25
|
40
| |
25.1-30
|
10
|
25
|
50
| |
over 30
|
0
|
0
|
100
|
I.
Special development requirements. Design and construction
standards are specified herein. Terms and conditions of approval of
a proposed land development application in this district shall be
imposed to assure that it achieves the minimum criteria, as follows:
(1)
Cut and fill requirements.
(a)
No soil shall be excavated, removed, deposited
or disturbed within an area of slope in excess of 30% or on the cliff
face or in the talus slope area.
(b)
The uppermost point of a cut slope shall not
be higher than the top of the nearest downhill structure or building,
but the vertical cut shall in no event be greater than 15 feet.
(c)
Vegetation shall be reestablished on all exposed
fill slopes. Exposed graded areas shall be mulched and seeded to provide
a basic ground cover which will prevent erosion and permit revegetation.
In the alternative, they may be rip-rapped and blended into the natural
setting.
(d)
No land shall be graded, cut or filled so as
to create a slope exceeding a vertical rise of one foot for each two
feet of horizontal distance between abutting lots, and may do so within
a lot only where a stone retaining wall of sufficient height and thickness
is provided to retain the graded bank.
(2)
Grade requirements.
(a)
Paved roads shall not exceed a fourteen-percent
slope and the average slope of all roads in the development shall
not exceed 10%. Parking and walkways shall not be excess of 6% unless
the construction of a ramp is required or steps provided.
(b)
Each grading shall be judged on its own merits
and its relationship to surrounding contours.
(3)
Setback and buffer requirements.
(a)
The minimum building setback line from the Valley
Road right-of-way line shall be 40 feet.
(b)
The minimum building setback line from the cliff
face shall be the horizontal distance of the talus slope plus 50 feet.
The fifty-foot area shall be slope-stablized through the placement
of large flat rocks or special precast concrete slabs and cribbing
with pressure-treated beams or logs. This would be complemented with
trees and shrubs.
(c)
No structure on the top of the slope shall be
located within 100 feet of the cliff face.
(4)
Streets.
(a)
In the Steep Slope District, standards for right-of-way
width and paving width may be reduced to 40 feet and 26 feet.
(b)
Within 100 feet of Valley Road, public access
streets shall have a right-of-way and paving width of 50 feet and
36 feet respectively.
(c)
Curbs may be located on only one side of a street
in the Steep Slope District. The curb shall be located on the lower
side of the street in order to control and channel the flow of stormwater.
(d)
Sidewalks may be located on only one side of
a street in the Steep Slope District. The sidewalk shall be located
on the uphill side of the street; however, the pedestrian system should
be designed to limit street crossings.
(6)
Design guidelines.
(a)
Structures shall be built on the lesser slopes.
No structures shall be located on the talus slope or the cliff face.
(b)
Each major subdivision and/or development in
excess of five acres shall provide, if possible, a lookout area or
observation point to take advantage of the topographic prominence
of the Steep Slope District. This area shall be usable by either residents
of the site or by the public at large. If available to the public
at large, appropriate off-street parking shall be provided.
(c)
Residences should be oriented where possible
to the east to take advantage of the major views from the Garret Mountain
slope.
(d)
Roads shall be primarily north-south to follow
contours, to take advantage of winter sun melt and to reduce stormwater
runoff velocity.
(e)
The higher and lower sections of the residential
development should be linked, where possible, by an internal pedestrian
system or steps and ramps. The pedestrian system would typically be
perpendicular to the road system.
(7)
Vegetation and revegetation.
(a)
The developer shall submit stabilization and
revegetation plan which shall include a complete description of the
existing vegetation, the vegetation to be planted, and slope stabilization
measures to be installed. The revegetation and slope stabilization
plan shall be submitted with the grading plan.
(b)
Vegetation shall be removed only when absolutely
necessary (e.g., for buildings, filled areas, roads).
(c)
Every effort shall be made to conserve topsoil
which is removed during construction for later use on areas requiring
vegetation or landscaping (e.g., cut and fill slopes).
(d)
Vegetation sufficient to stabilize the soil
shall be established on all disturbed areas as each stage of grading
is completed. All disturbed soil surfaces shall be stabilized or covered
prior to the first day of November. If the planned impervious surface
(e.g., roads, driveways, etc.) cannot be established prior to November,
a temporary treatment adequate to prevent erosion shall be installed
on those surfaces.
(e)
Construction shall be scheduled to minimize
soil disturbance between the first day of November and the first day
of April.
J.
Bulk regulations. Unless specifically set forth in this section to the contrary, the bulk regulations contained in Article IV and the supplementary regulations contained in Article V shall apply to land use development in the Steep Slope District. This shall include bulk and supplementary regulations for garden apartments and townhouses.
K.
Height requirements.
Building Type
|
Stories
|
Feet
| |
---|---|---|---|
One-family dwelling
|
2
|
30
| |
Two-family dwelling
|
2 1/2
|
35
| |
Garden apartments
|
2
|
30
| |
Townhouses
|
3
|
35
|
L.
Review by City Engineer required. Any application
for development which is subject to the controls of this section shall,
upon filing, be forwarded to the City Engineer for a report. The review
by the City Engineer shall include an analysis of the plans as to
compliance or noncompliance with the performance standards and special
development requirements of this section. No hearing on said applications
shall be scheduled until the City Engineer determines that he has
sufficient information to start with his review and shall so notify
the Zoning Officer.
M.
Enforcement. The City Engineer or any other professional
engaged by the City of Clifton for this purpose shall be responsible
for the monitoring and enforcement of the performance standards and
development requirements of this section.
N.
AVERAGE SLOPE
BEDROCK
CLIFF FACE
DEVELOPABLE AREA
PERMITTED ZONE DENSITY
REGOLITH
ROCK WASTE
SIDE SLOPE
STEEP SLOPE OVERLAY DISTRICT
TALUS SLOPE
TOP OF CLIFF
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The "average slope" of the property shall be calculated on
the basis of the following formula:
S = 0.0023 x I x L (sign) A
| |||
Where
| |||
0.0023 =
|
Conversion factor of square feet to acres
| ||
I =
|
Contour interval
| ||
L =
|
Total length of contour lines within the parcel,
but not including cliff face
| ||
A =
|
Area in acres, but not including cliff face
|
Continuous solid rock that underlies regolith.
A sheer, nearly vertical slope of exposed bedrock.
The portion of a lot, exclusive of the cliff face, on which
the dwelling unit capacity of the lot is calculated.
In the Steep Slope Overlay District, the density permitted
for single-family homes in the underlying RA-1 and RA-3 zones.
The noncemented rock fragments and mineral grains, including
soil, derived which overlie bedrock.
The material comprising the talus slope or sliderock.
The section of a steep-sloped area that is below the talus
slope and generally of moderate or lesser gradient than the talus
slope or the cliff face.
A district located west of Valley Road in the City of Clifton
which contains a series of zoning controls related to the topography
of the land in the district. All uses in the district except single-family
homes on preexisting lots shall be subject to the Steep Slope District
requirements.
The apron, cone or embankment of rock waste sloping outward
from the base of the cliff face that is the course of the rock waste.
The portion of a hill located above the cliff face, overlain
with regolith, generally the plateau or hill crest.
[Added 8-16-1988 by Ord. No. 5287-88[2]; amended 2-15-1994 by Ord. No. 5674-94; 6-15-1999 by Ord. No. 6056-99; 5-16-2000 by Ord. No. 6135-00]
A.
Short title. This section of the City of Clifton Zoning
Ordinance shall be known as the "Affordable Housing Ordinance of the
City of Clifton."
B.
Purpose. The purpose of this section is to comply
with the "Substantive Rules" of the New Jersey Council on Affordable
Housing regarding the City of Clifton.
C.
Definitions.
(1)
The definitions in this section of the Zoning
Ordinance of the City of Clifton are intended to supplement other
definitions within the ordinance and the definitions contained within
the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.). Moreover,
any definition pertaining to affordable housing not contained in this
section is intended to have the meaning as defined in the New Jersey
Fair Housing Act (N.J.S.A. 52:27D-301 et seq.), or the Procedural
Rules of the New Jersey Council on Affordable Housing (N.J.A.C. 5:91)
or the Substantive Rules of the New Jersey Council on Affordable Housing
(N.J.A.C. 5:92 or N.J.A.C. 5:93, as appropriate).
(2)
ACT
AFFIRMATIVE MARKETING PLAN
AFFORDABLE
AFFORDABLE HOUSING AGENCY
AFFORDABLE HOUSING DOCUMENT
AFFORDABLE UNIT
AGENCY
ALTERNATIVE LIVING ARRANGEMENT
ASSESSMENTS
CERTIFIED HOUSEHOLD
CONVERSION
COUNCIL
DEVELOPMENT FEES
EXEMPT SALES
FAIR MARKET VALUE
FIRST MORTGAGE
FIRST MORTGAGEE
FORECLOSURE
GROSS HOUSEHOLD INCOME
(a)
(b)
(c)
(d)
(e)
HOUSING REGION
IMPROVEMENTS
INCLUSIONARY DEVELOPMENT
INDIGENOUS NEED
LOW-INCOME HOUSEHOLD
LOW-INCOME PURCHASER
LOW-INCOME RENTER
LOW-INCOME UNIT
MARKET RATE UNIT
MASTER DEED
MEDIAN REGIONAL INCOME
MODERATE-INCOME HOUSEHOLD
MODERATE-INCOME PURCHASER
MODERATE-INCOME RENTER
OWNER
REHABILITATED UNIT
REHABILITATION MARKETING PLAN
REPAYMENT CLAUSE
REPAYMENT OPTION
SENIOR CITIZEN HOUSEHOLD
SET ASIDE
STATEMENT OF EXEMPTION
SUBSTANDARD HOUSING UNIT
TOTAL MONTHLY HOUSING COST
As used in this section, the following terms
shall have the meanings indicated:
The Fair Housing Act of 1985, c. 222 (N.J.S.A. 52:27D-301
et seq.).
A regional marketing strategy prepared by a developer of
affordable units in accordance with the requirements of this section
which is designed to attract buyers and/or renters of all majority
and minority groups, regardless of sex, age or number of children,
to housing units which are being marketed by the developer or sponsor
of the affordable housing. It is a continuing program and covers the
period of deed restriction.
A sales price or rent within the means of a low- or moderate-income
household as defined in N.J.A.C. 5:93-7.4.
The entity designated by the City of Clifton to monitor the
construction and/or rehabilitation of low- and moderate-income housing
units. The Affordable Housing Agency may be the Mayor and Council
itself, a group of people appointed by the Mayor and Council, a member
or members of the City staff, an independent consultant or other entity
under contract to the City of Clifton or any combination of the preceding.
A legal instrument which sets forth the terms, restrictions
and provisions of the Affordable Housing Ordinance which are applicable
to the subject affordable unit(s) and which constitute the restrictive
covenants running with the land with respect to the subject affordable
units.
A housing unit in the City, the sale or rental of which is
established in accordance with this section and which shall be sold
or rented to a low- or moderate-income household in accordance with
this section.
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.
Levies, charges or assessments, both public and private,
including those imposed by a homeowners' association upon the unit
which is part of the homeowners' association.
A household determined to be eligible for low- or moderate
income housing by the Affordable Housing Agency after the Affordable
Housing Agency has verified the applicant's gross household income.
Moreover, once certified, any increase or decrease in the gross household
income of the household shall not affect the rights and obligations
of the household as specified in this section. However, any household
which submits false information in support of an application for certification
as a qualified household and which subsequently receives such certification
and either a title to an affordable unit as owner or possession of
an affordable unit as tenant shall be deemed to have committed a substantial
breach of provisions of this section, and the applicable affordable
housing document and any rights of ownership or occupancy of such
unit shall be subject to forfeiture pursuant to the provisions of
this section.
The conversion of existing commercial, industrial or residential
structures for low- and moderate-income housing purposes.
The New Jersey Council on Affordable Housing established
under the Act and which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
considerations in the state.
Money paid by an individual, person, partnership, association,
company or corporation for the improvement of property as permitted
in N.J.A.C. 5:93-8 and in accordance with the applicable provisions
of this section.
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.
The unrestricted price of a low- or moderate-income housing
unit if sold at a current real estate market rate.
The most senior mortgage securing a loan for the purchase
or refinancing of a unit.
The most senior mortgage holder who has loaned funds for
the purchase or refinancing of a unit or the assigns of such most
senior mortgage holder. Such mortgagee must be an institutional lender
or investor, licensed or regulated by a state or federal government,
or an agency thereof.
A termination of all rights of the mortgagor or the mortgagor's
assigns or grantees in a unit covered by a recorded mortgage through
legal processes, or through a deed in lieu of foreclosure which has
been executed prior to a judicially regulated sale.
The total annual income for every household member 18 years
of age or over who will live in the affordable unit and receives income,
including income received by adults on behalf of minor children for
their benefit, and subject to the following:
Generally, sources of annual income shall be
based on regular income reported to the Internal Revenue Service (IRS)
and which can be utilized for mortgage approval. Household annual
gross income shall be calculated by projecting current gross income
over a twelve-month period.
Income includes, but is not limited to, wages,
salaries, tips, commissions, alimony, regular scheduled overtime,
pensions, social security, unemployment compensation, AFDC, verified
child support, disability, net income from business or real estate
and income from assets such as savings, certificates of deposit (CD's),
money market mutual funds, stocks and bonds and imputed income from
non-income-producing assets such as equity in real estate.
Income from assets that have delayed earnings,
such as individual retirement accounts (IRA's) or annuity programs,
shall not be included in current income until such payments have been
received. However, these assets must be reported and verified.
Net rent from real estate is considered income
after the monthly mortgage payment, including real estate taxes and
insurance, is deducted. Other expenses are not deductible. In addition,
the equity in the rental real estate is considered an asset and will
have the imputed interest income on the calculated value of equity
added to income.
Income does not include payments, rebates or
credits received under federal or state low-income home energy assistance
programs. Food stamps, payments received for care of foster children,
relocation assistance benefits, income of live-in attendants, scholarships,
student loans, personal property such as automobiles, lump-sum additions
to family assets such as inheritance, one-time lottery winnings and
insurance settlements, except for additional income earned from these
additions, and casual, sporadic or irregular gifts and bonuses.
The northeastern region as designed by the New Jersey Council
on Affordable Housing, including the counties of Bergen, Hudson, Passaic
and Sussex in the State of New Jersey.
Additions within a unit, including materials, supplies, appliances
or fixtures, which become a permanent part of the unit or are affixed
to the unit.
A development containing low- and moderate-income units.
Substandard (deficient) housing units within the City of
Clifton which are occupied by low- and moderate-income households.
A household whose gross household income is no greater than
50% of the median regional income for households of the same size
within the housing region.
A low-income household purchasing an affordable unit.
A low-income household renting an affordable unit.
A housing unit which is affordable to a low-income household
in accordance with the requirements of this section and the Substantive
Rules and Regulations of the New Jersey Council on Affordable Housing.
A housing unit, within an inclusionary development, not restricted
to low- and moderate-income households, that may sell at any price
determined by a willing seller and a willing buyer.
The master deed and the declaration of restrictive and protective
covenants for a housing development, including any by-laws and rules
and regulations, and any amendments thereto, which are to be recorded
in the Office of the Register of Passaic County.
The most recent "uncapped" schedule of United States Department
of Housing and Urban Development Section 8 income limits for Passaic
County, with adjustments for household size, as published by the New
Jersey Council on Affordable Housing.
A household whose gross household income is in excess of
50%, but less than 80%, of the median regional income for households
of the same size within the housing region.
A moderate-income household purchasing an affordable unit.
A moderate-income household renting an affordable unit.
The current titleholder of record of a dwelling unit as indicated
on the most recently dated and recorded deed for the unit. For purposes
of the initial sale of a unit, the owner may be the developer. Ownership
of a unit shall be deemed to be acceptable upon ratification of all
the provisions of any affordable housing plans for the development
in which the unit is located.
A previously substandard housing unit which has undergone
significant renovation to meet the housing code standards of the City
of Clifton and the applicable provisions of this section.
The marketing plan prepared in accordance with the requirements
of this section by the Affordable Housing Agency for the purpose of
advertising the City of Clifton Rehabilitation Program.
The obligation of a seller exercising a repayment option
to pay 95% of the price differential to the City of Clifton at closing
for one unit of affordable housing in the municipal housing plan.
The option of a seller of a low- or moderate-income unit
to sell a unit at fair market value, subject to compliance with the
terms of the repayment clause and other applicable provisions of this
section.
A household in which the primary wage earner is over 62 years
of age, or a household in which there is no primary wage earner and
in which at least one member of the principal household unit is over
62 years of age.
The percentage of housing units devoted to low- and moderate-income
households within an inclusionary development.
A certification by the Affordable Housing Agency declaring
that, in accordance with the applicable provisions of this section,
the resale of an affordable unit is exempt from the requirement that
the resale of the unit must be to a certified low- or moderate-income
household.
A housing unit with health and safety code violations that
requires the repair or replacement of a major system. A major system
includes a roof, plumbing (including wells), heating, electricity,
sanitary plumbing (including septic systems) and/or a load-bearing
structural system.
The total of the following monthly payments associated with
the cost of the housing: mortgage payment (principal, interest, private
mortgage insurance); applicable assessments by a homeowners' association;
real estate taxes; and fire, theft and liability insurance. For rental
units, total monthly housing costs also shall include utility costs
consistent with the utility allowance approved by the Department of
Housing and Urban Development (HUD) for New Jersey.
D.
Clifton Affordable Housing Agency.
(1)
Establishment of the Affordable Housing Agency.
(a)
The Mayor and Council of the City of Clifton
shall designate an Affordable Housing Agency (also referred to as
the Agency) to administer the provisions of this Affordable Housing
Ordinance and monitor the rehabilitation, occupancy, sale, resale,
rental and rerental restrictions of low- and moderate-income units.
(b)
The Affordable Housing Agency may be the Mayor
and Council itself, a group of people appointed by the Mayor and Council,
a member or members of the City staff, an independent consultant or
other entity under contract to the City or any combination of the
preceding.
(2)
Powers and duties of the Affordable Housing
Agency.
(a)
To establish selection procedures and criteria
for determining a certified household.
(b)
To qualify prospective owners and renters of affordable units as certified households in accordance with the provisions of § 461-24.2E of this section, income limits and housing eligibility.
(c)
To determine the maximum sale, resale, rental and rerental charges for low- and moderate-income units in accordance with the provisions specified in § 461-24.2F of this section, Maximum sales price and rental charges, and to update the maximum charges annually to reflect changes to the median regional income and in consideration of other factors specified in § 461-24.2F.
(d)
To maintain a waiting list of certified households in accordance with Subsection M(1) of this section, entitled Affordable unit occupancy preference, and to make the list available to developers, sponsors and owners of affordable units within the City of Clifton.
(e)
To determine, in accordance with Subsection F(3) of this section, entitled Maximum resale prices for all affordable units, whether or not the cost or value of improvements to an affordable unit should he approved for inclusion in the resale price of the unit. Additionally, the Affordable Housing Agency shall establish regulations and procedures whereby an owner of an affordable unit may apply for such approval prior to undertaking the improvements.
(g)
To review and approve or disapprove the affordable housing document for each affordable unit required by § 461-24.2G of this section, and, once approved, to enforce the provisions of the affordable housing document.
(h)
To verify that the affordable housing document
has been recorded with the Office of the Register, Passaic County,
New Jersey, and that the deed of each affordable unit references the
appropriate affordable housing document.
(i)
To assist the developer, prospective owner or
prospective renter of an affordable unit to apply to the New Jersey
Housing and Mortgage Finance Agency or other public agency for financing
subsidy funds in order to facilitate the purchase or rental of an
affordable unit by a certified household.
(j)
To assist an owner of a substandard housing unit occupied by a low- or moderate-income household to apply for a grant or loan from the Affordable Housing Agency for the purpose of rehabilitating the unit in accordance with Subsection N this section, entitled "The Housing Rehabilitation Program."
(k)
To assure that the master deeds of any inclusionary
development prescribe that the homeowners' association fees for an
affordable unit not be less than 1/2 of the fee charge for a market
rate unit of the same number of bedrooms.
(m)
To develop the necessary application and financial
statement forms as approved by COAH to be used by a low- or moderate-income
household applying to purchase or rent an affordable unit.
(n)
To administer the Housing Rehabilitation Program in accordance with the provisions of Subsection N of this section.
(o)
To prepare the rehabilitation marketing plan and advertise the City of Clifton Housing Rehabilitation Program in accordance with the applicable provisions of Subsection N of this section.
(p)
To develop the necessary application and financial
statement forms as approved by COAH to be used by an owner of a substandard
housing unit applying for a grant or loan from the Affordable Housing
Agency for the purpose of rehabilitating the unit.
(q)
To maintain a file on each applicant of the
City of Clifton Housing Rehabilitation Program, including the following
information:
[1]
The name of the applicant.
[2]
If the applicant is not approved, the reasons
for disapproval.
[3]
If the applicant is approved, the following
shall be noted:
[a]
Proof of income eligibility (federal
tax return).
[b]
The initial inspection report of
the City Construction Official.
[c]
The bids submitted by interested
contractors.
[d]
The final contracts(s) to do the
required work.
[e]
Periodic reports as to the progress
of the required work.
[f]
A copy of the final inspection
report of the City Construction Official.
[g]
A copy of the affordable housing
document (lien) on the subject property.
(r)
To develop a rehabilitation manual that complies with the rules of COAH and summarizes the administration of the City of Clifton Housing Rehabilitation Program, pursuant to Subsection N of this section. The rehabilitation manual shall include a copy of the affordable housing document (lien) to be used and shall describe the following:
[1]
The Housing Rehabilitation Program's staff and
their responsibilities.
[2]
The procedures for the marketing of the Housing
Rehabilitation Program.
[3]
Eligible repairs and improvements.
[4]
The amount of money available for rehabilitation.
[5]
Financing terms.
[6]
Income qualification criteria.
[7]
The procedures for filing applications.
[8]
The procedures for review and approval of the
rehabilitation work, including interim inspections.
[9]
The length of the affordability controls on
the affordable unit.
(s)
To submit annual monitoring reports to COAH
no later than February 15 of each calendar year on the monitoring
forms provided by COAH.
(t)
To receive, advance and pay monetary sums as authorized by the Mayor and Council, which monetary sums are necessary to protect, preserve and retain an affordable unit as an affordable unit in accordance with the provisions in Subsection J of this section, entitled Recapture of affordable sales units, and with other applicable provisions of this section.
(u)
To report bimonthly to the Mayor and Council
on the status of affordable units in the City of Clifton, including,
but not limited to, the following regarding inclusionary developments,
the housing rehabilitation program and development fees:
[1]
Regarding inclusionary developments:
[a]
Any statement of exemptions which
have been issued by the Affordable Housing Agency.
[b]
Any foreclosure upon an affordable
unit which has occurred.
[c]
Any proposed development which
is subject to this section and for which an application has been filed
with the Planning Board, including the following information:
[i]
Site location.
[ii]
The number of affordable units.
[iii]
number of market rate units.
[iv]
The calculations of the maximum
sale and rental charges in accordance with the applicable provisions
of this section.
[v]
The distribution of the affordable
units by bedroom number.
[vi]
The phasing schedule for construction
of the affordable units in relation to the construction of the market
rate units.
[vii]
name of the developer.
[viii]
date(s) that Planning Board
actions(s) was/were taken or are expected to be taken.
[d]
A summary comparison of the affordable
units constructed and occupied versus the total number of affordable
units required to be constructed and occupied.
[2]
Regarding the Housing Rehabilitation Program:
[a]
The number of applications filed
for participation in the Rehabilitation Program.
[b]
The number of units found to be
substandard housing units which are occupied by low- or moderate-income
households.
[c]
A financial statement for each
rehabilitated unit and each unit to he rehabilitated, including the
amount of money expended or to be expended for actual rehabilitation
activities versus administrative costs.
[d]
A summary comparison of the status
of the substandard housing rehabilitated units which are included
in the rehabilitation program.
E.
Income limits and housing eligibility.
(1)
Gross household income. The gross household income of any household shall be the total annual income from every household member 18 years of age or over who lives in the affordable unit and receives income, including income received by adults on behalf of minor children, and subject to the additional criteria included in the definition of the gross household income within Subsection C of this section.
(2)
Income ceilings for low- and moderate-income
households. The income ceiling for low- and moderate-income households
of four members shall be 50% and 80%, respectively, of the median
regional income, with adjustments for household size in accordance
with the guidelines of COAH.
(3)
Relationship between household size and unit
size. The income of the following household sizes shall be used to
determine the maximum sales price and rental charges for each of the
corresponding unit sizes. No alteration of an affordable unit to increase
the number bedrooms shall be undertaken after initial occupancy unless
the alteration was previously approved by the Affordable Housing Committee.
(a)
All efficiency units shall be affordable to
one-person households, and only one-person households may occupy an
efficiency.
(b)
One-bedroom units shall be affordable to one-and-five-tenths-person
households.
(c)
Two-bedroom units shall be affordable to three-person
households.
(d)
Three-bedroom units shall be affordable to four-and-five-tenths-person
households.
(4)
Household certification by Affordable Housing
Agency.
(a)
A prospective purchaser or renter of an affordable
unit must be determined to be a certified household by the Affordable
Housing Agency prior to the purchase or rental of the subject unit,
and the Affordable Housing Agency shall issue a signed form indicating
that the household has been certified.
(b)
A certified household that rejects an opportunity
for an affordable unit may be replaced on the waiting list upon request
and may be reinterviewed for recertification when their name next
appears for a subsequent affordable unit.
(c)
A certification of a household by the Affordable
Housing Agency shall be valid for 120 days and shall thereafter expire
unless a valid sales contract or lease has been executed, provided
that the following are met:
[1]
If a valid sales contract or lease has been
executed within the one-hundred-twenty-day time period, the certification
shall be valid unless the sales contract or lease is ruled invalid
and no occupancy of the affordable unit has occurred.
[2]
Upon the written request of a certified household,
the certification may be renewed in writing by the Affordable Housing
Agency, at its discretion, for no more than an additional 120 days.
(d)
Households that are denied certification by
the Affordable Housing Agency may make a written request to the Affordable
Housing Agency for redetermination, in accordance with the following:
[1]
The household shall be required to produce additional
information to support its request, and the Affordable Housing Agency
shall make a redetermination and notify the household of its decision.
[2]
A household which is denied certification a
second time may request a hearing by forwarding a written request
to the Affordable Housing Agency within 30 days following the household's
receipt of the second denial notification, in accordance with the
following:
[a]
If a written request is not received
within the thirty-day time period, the determination by the Affordable
Housing Agency that the household is ineligible shall be considered
a final decision.
[b]
If a written request is receive
within the thirty-day time period, a hearing shall be scheduled by
the Affordable Housing Agency, and its decision resulting from the
hearing shall be its final decision regarding the subject household.
(5)
Reference of certified households to affordable
units.
(a)
Certified households whose gross household income
is measured at 50% or below 50% of the established regional median
income shall be referred to affordable units designated for low-income
households.
(b)
Certified households whose gross household income
is measured above 50% but below 80% of the established regional median
income shall be referred to affordable units designated for moderate-income
households.
(c)
Certified households shall be referred to affordable
units where the predetermined total monthly costs correspond to the
household's calculated ability to pay, using 28% of gross monthly
income as the standard for home ownership and 30% of gross monthly
income as a standard for rental units.
(d)
Certified households shall be referred to available
affordable units using the following occupancy standards, except that
households may be referred to other units, provided that no more than
one additional bedroom may be contained in the unit compared to the
following schedule:
F.
Maximum sales prices and rental charges. Prior to
the sale, resale, rental or rerental of a low- or moderate-income
unit, the Affordable Housing Agency shall determine the maximum sales
price or rental charge that may be charged for that size unit in each
income category in accordance with the following:
(1)
Estimated maximum initial sales prices for inclusionary
units.
(a)
As part of the final site plan application submitted to the Planning Board by a developer for an inclusionary development containing affordable units, the developer shall also submit to the Affordable Housing Agency information demonstrating the mortgage financing generally available to low- and moderate-income home buyers and the developer's calculations of the estimated maximum initial sales price in accordance with § 461-24.2F(2) hereinbelow.
(b)
The Affordable Housing Agency shall review the
developer's calculations and shall approve or recommend modifications
to the estimated maximum initial sales prices for applicable sized
units in each income category and shall notify the Planning Board
and the developer of its action within 30 days of its receipt of the
developer's calculations as part of its action on the final site plan
submitted for approval. Any delay of the Affordable Housing Agency
in reviewing and approving the estimated maximum initial sales prices
shall not postpone or delay the Planning Board's action on the proposed
development pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1
et seq.).
(2)
Actual maximum initial sales prices for all
affordable units.
(a)
A base sales price shall be calculated such that, after a down payment of 5% the sum of the monthly payments for principal, interest, taxes, fire, theft and liability insurance, and homeowners' association fees, if any, shall not exceed 28% of the low- or moderate-income ceilings determined in accordance with Subsection E(2) of this section. Any homeowners' association fees for affordable units shall not be less than 1/2 the fee charged for market rate units of the same number of bedrooms.
(b)
The Affordable Housing Agency shall use the
information to determine the maximum initial sales price for the different
sized units in each income category. The Affordable Housing Agency
shall certify the actual maximum initial sales price to the Mayor
and Council, the Building and the Construction Official in charge
of issuing certificates of occupancy, within 60 days of its receipt
of the pricing information described hereinabove.
[1]
No certificate of occupancy for the affordable
units shall be issued until the maximum initial sales prices have
been certified by the Affordable Housing Agency the expiration of
the aforesaid sixty-day time period, whichever is earlier.
[2]
The certified sales prices shall remain in effect for a period of one year. However, the builder may request a modification of maximum sales prices at any time by applying to the Affordable Housing Agency for recalculation of the base prices on changes in any of the factors used to calculate the prices, provided that in the case of an inclusionary development, the affordable range in Subsection F(2)(c) hereinbelow is maintained.
(c)
In order to assure that low- and moderate-income
units within inclusionary developments are affordable by households
whose income is less than the low- and moderate-income ceilings, a
range of sales prices shall be offered for each such unit based on
a range of income. The overall range of sales prices for all low-
and moderate-income units combined shall be affordable to household
with an average income of 57.5% of the median regional income.
[1]
Establishing a range of affordability, units
shall be offered, as best as practical, in accordance with the following
distribution of prices for every six low- and moderate-income units:
[2]
At least a minimum of 60 days prior to the developer's
anticipated need of certificates of occupancy for the affordable units,
the developer shall provide the Affordable Housing Agency with information
demonstrating the financing and insurance rates generally available
locally to low- an moderate-income home buyers and the developer's
calculations of the maximum sales prices. The interest rate used by
the developer in calculating the maximum initial sales prices shall
be the rate that the Affordable Housing Agency determines to be generally
available locally for a thirty-year fixed-rate mortgage with a down
payment of 5% of the purchase price, in accordance with the following:
[a]
In the event that the developer
obtains for the low- and moderate-income purchaser a commitment for
a thirty-year fixed-rate mortgage, or in the event that the developer
obtains a commitment for thirty-year fixed-rate mortgages in sufficient
quantity to provide mortgage financing for all the affordable units
included within the project remaining to be sold, the payment rate
of the committed thirty-year fixed-rate mortgage(s) shall be used
for calculating the maximum sales price.
[b]
In the event that the developer
or another entity shall provide other thirty-year fixed-rate mortgage
financing for the affordable units, such as in a mortgage buy-down
program or for an adjustable rate mortgage (ARM), the sales price
of affordable units is calculated using the fixed-rate mortgage.
(3)
Maximum resale prices for all affordable units.
(a)
Prior to the resale of any low- or moderate-income
units, the Affordable Housing Agency shall determine the maximum resale
price for the unit in accordance with regulations adopted by the Affordable
Housing Agency, which take into account:
(b)
The base resale price, before adding the costs
of improvements, shall be the previous purchase price adjusted by
the percentage increase in median regional income between the year
of the previous title closing and the current year, provided that
in no event shall the maximum resale price established by the Affordable
Housing Agency be lower than the last recorded purchase price.
(c)
Improvement costs may be included in the resale price only if the owner has obtained prior approval from the Affordable Housing Agency. Allowable improvements for which costs may be approved shall be limited to permanent structural improvements which shall increase the occupancy potential of a unit under Subsection E(3) of this section and central air conditioning installed subsequent to the initial sale of the unit, subject to the following:
[1]
No portion of the cost or value of the improvement
not specifically approved by the Affordable Housing Agency shall be
included for purposes of the price calculation.
[2]
At resale, all items of property which are permanently
affixed to the units and/or were included when the unit was initially
restricted (e.g., refrigerator, range, washer, dryer, dishwasher,
wall-to-wall carpeting) shall be included in the maximum allowable
resale price.
[3]
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 that
the price has been approved by the Affordable Housing Agency. Unless
otherwise permitted by COAH, the purchase of any property other than
air conditioning shall not be made a condition of resale.
[4]
Other items of property may be sold by the owner
to the purchaser at a reasonable price that has been agreed upon between
the parties and has been approved by the Affordable Housing Agency
at the time of the signing of the agreement and purchase.
[5]
If the owner receives approval from the Affordable
Housing Agency for an improvement, a portion of the cost or value
of which is to be included within the resale price of affordable unit,
and such owner is in need of a second mortgage in order to pay for
such improvement, then the Affordable Housing Agency shall execute
and deliver to the owner, for recording by the owner, a document by
which the Affordable Housing Agency's rights, claims and liens under
this Affordable Housing Ordinance and the affordable housing document
are subordinated to such second mortgage. The Affordable Housing Agency's
rights, claims and liens shall not subordinated to any second mortgage
unless the Affordable Housing Agency has executed and delivered such
instrument to an owner in connection with an improvement approved
by the Affordable Housing Agency.
[6]
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 resale.
(d)
The owner (seller) shall not include in the
resale price either closing costs, real estate commissions or other
costs associated with the selling of the unit.
(4)
Maximum rental charges for all affordable units.
(a)
A base rent shall be calculated such that the sum of the monthly rental payment, including utilities, does not exceed 30% of the low- or moderate-income ceilings determined in accordance with Subsection E(2) of this section.
(b)
If the cost of utilities is not included in
the monthly rental charge, the Affordable Housing Agency shall calculate
for each unit size an estimated average monthly charge for those utilities
not included in the rent, including the estimated cost for the operation
of air-conditioning equipment and clothes-washing and -drying equipment,
whether or not such equipment is provided by the developer or the
owner. These charges shall be estimated utilizing the personal benefit
allowance for utilities as defined by the Department of Housing and
Urban Development and shall be subtracted from the maximum gross rent
to determine the maximum rental charge that may be charged for each
low- and moderate-income unit.
(c)
The owner shall calculate the maximum rental
charge for each size unit in the low- and moderate-income category
and shall submit said calculations to the Affordable Housing Agency
for review. The Affordable Housing Agency shall determine, based upon
its review, the maximum rental charges.
[1]
These rental charges shall remain in effect
for a period of at least one year, or until the median regional income
levels are revised. Upon a revision to the median regional income
levels, the owner may request a modification of the rental charges
by applying to the Affordable Housing Agency for a recalculation of
the rental charges based upon the income level changes.
[2]
To the extent feasible, these criteria and procedures
should ensure that the rental charges are consistent with the affordability
standards as set forth in this section. In all cases, the Affordable
Housing Agency shall reserve the right to require the owner to seek
a modification to the permitted rental charges.
(d)
In order to assure that low- and moderate-income
units within the inclusionary developments are affordable by households
whose income is less than the low- and moderate-income ceilings, a
range of rents shall be offered for each such unit based on a range
of income. The maximum average rent and price of low- and moderate-income
units within each inclusionary development shall be affordable to
households earning 57.5% of the median regional income. In averaging
57.5%, developers and/or municipal sponsors of rental units may establish
one rent for a low-income unit and one rent for a moderate-income
unit for each bedroom distribution.
(5)
Maximum rerental charges for all affordable
units. Except for rental housing contracted pursuant to low-income
tax credit regulations, the Affordable Housing Agency shall establish
appropriate criteria and procedures for allowing annual rental charge
increases, taking into account:
G.
Affordable Housing documents for all affordable housing
units.
(1)
Required preparation of an affordable housing
document. Each owner of a low- or moderate-income unit shall prepare
an affordable housing document which shall be a legal instrument setting
forth the terms, restrictions and provisions applicable to the subject
affordable unit(s), and which shall constitute the restrictive covenants
running with the land with respect to the subject affordable unit(s).
(a)
The affordable housing document shall be an
instrument to be recorded with the Office of the Register, Passaic
County, New Jersey.
(b)
The affordable housing document shall be in
the form adopted by COAH, which is delineated in Appendix E of the
Substantive Rules of COAH (N.J.A.C. 5:93), unless amendments have
been specifically approved by COAH.
(c)
The affordable housing document shall be executed
by the Affordable Housing Agency prior to the recording of the instrument,
and the Affordable Housing Agency shall certify that the affordable
housing document is consistent with the then-current Affordable Housing
Ordinance.
(d)
The affordable housing document also shall be
executed by the developer and/or the then-current titleholder of record
of the property upon which the affordable unit(s) is/are constructed.
(e)
The affordable housing document shall have priority
over all mortgages on the subject property except for a first mortgage
placed on the property by the mortgagee prior to the expiration of
the affordable housing document.
(f)
The affordable housing document shall be a condition
of any applicable approval of a site plan and/or subdivision plat
by the Planning Board or the Zoning Board of Adjustment, as the case
may be.
(2)
Contents of an affordable housing document.
(a)
The affordable housing document shall set forth
terms, restrictions and provisions applicable to the affordable units(s)
and shall be consistent with this Affordable Housing Ordinance, including
but not limited to, those provisions of this section covering income
limits, housing eligibility and the determination of certified households,
maximum sales prices and rental charges, the duration of restrictions,
procedures for the sale and rental of an affordable unit when no eligible
household is found, exempt sales, the provisions for the recapture
of affordable units, the obligations of owners and renters, violations
and penalties, foreclosures, the legal description of the specific
affordable unit(s) governed by the document and the creation of the
terms, restrictions and provisions applicable to the affordable units;
all as such provisions of this section exist at the time that the
document is executed by the Affordable Housing Agency.
(b)
The affordable housing document specifically
shall bind all purchasers, owners and renters of an affordable unit,
their heirs, assigns and all persons claiming by, through or under
their heirs, assigns and administrators, and shall stipulate that
the ownership or rental of an affordable unit shall be deemed to be
an acceptance and ratification of all the applicable provisions of
the affordable housing document.
(c)
If a single affordable housing document is used
to govern more than one affordable unit, then the document must contain
the legal description of each affordable unit governed by the document.
The deed of each and every individual affordable unit so governed
must contain the recording information of the document applicable
to such affordable unit.
(d)
Changes, amendments or revisions to the Affordable
Housing Ordinance shall not affect, amend or alter the affordable
housing document and such affordable housing document shall continue
to be interpreted and applied in accordance with the Affordable Housing
Ordinance as it existed on the date of the execution of the particular
affordable housing document by the Affordable Housing Agency.
(3)
Certificates of occupancy for sale units.
(a)
No certificate of occupancy shall be issued
for the initial occupancy of any low- or moderate-income sales unit
unless there is a written determination by the Affordable Housing
Agency that the affordable unit is to be controlled by an affordable
housing document in the form approved by COAH.
[1]
The Affordable Housing Agency shall make its
determination within 10 days of its receipt of a proposed affordable
housing document.
[2]
No initial occupancy of a low- or moderate income-sales
unit shall be permitted prior to the issuance of the certificate of
occupancy.
[3]
A request for an amendment to the affordable
housing document may be made by the developer or owner, the Affordable
Housing Agency or the Mayor and Council.
(4)
Expiration of the affordable housing document. The terms, restrictions and covenants of an affordable housing document shall expire and terminate in accordance with the following schedule of years from the date of the first purchase or rental of the affordable unit by either a low-income household or by a moderate-income household and in accordance with the recapture provisions specified in Subsection J of this section.
(a)
Newly constructed low- and moderate-income sales
units shall remain affordable to low- and moderate-income households
for not less than 30 years.
(b)
Newly constructed low- and moderate-income rental
units shall remain affordable to low- and moderate-income households
for not less than 30 years.
(c)
Rehabilitated owner-occupied single-family housing
units that are improved to code standard shall be subject to affordability
controls for at least six years.
(d)
Rehabilitated renter-occupied housing units
that are improved to code standards shall be subject to affordability
controls for at least 10 years.
(e)
Accessory apartments shall be subject to affordability
controls for at least 10 years.
(f)
Alternative living arrangements shall be controlled
in a manner, suitable to COAH, that provides assurances that such
a facility will house low- and moderate-income households for at least
15 years.
(5)
Deeds conveyance and leases.
(a)
The deed of conveyance from the owner to the
purchaser of an affordable unit, as well as the lease from the owner
to the renter of an affordable unit, shall include the following clause:
"The owner's/tenant's right, title and interest
in this unit and the use, sale, resale, rental or rerental of this
property are subject to the terms, conditions, restrictions, limitations
and provisions as set forth in the "Affordable Housing Document" which
was filed in the office of the Register of Passaic county in Misc.
Book ______ at Page ___ on ____________ and is on file with the City
of Clifton Municipal Clerk.
|
(b)
The above clause shall be in addition to any
clause stating that the unit is subject to the master deed, which
clause also shall appear in the deeds or leases of all units in an
inclusionary development.
H.
Provisions applicable to inclusionary developments
only.
(1)
Disclosure statement by developers.
(a)
The developer, of inclusionary affordable units
shall provide a disclosure statement to all initial purchasers and
renters of affordable units prior to the execution of any contract
for sale or lease, and such disclosure statement shall be included
in the public offering statement, a sample copy of which is attached
as an addendum to this section.[3]
[3]
Editor's Note: A copy of the sample disclosure
statement is on file in the City Clerk's office.
(b)
All owners or renters of affordable units shall
provide copies of the disclosure statement to subsequent buyers or
renters prior to the execution of contracts of sale or leases with
such buyers or renters.
(2)
Phasing of market rate versus affordable units.
In order to ensure that construction of affordable units takes place
simultaneously with the construction of market rate units in any inclusionary
development with affordable units, such development shall be subject
to the following phasing schedule:
Market Rate Housing Percentage Receiving
Certificate of Occupancy
(Maximum)
|
Low- and Moderate-Income Housing Percentage
Receiving Certificate of Occupancy
(Maximum)
| |
---|---|---|
Up to 25%
|
0% (none required)
| |
25% + 1 unit
|
At least 10%
| |
Up to 50%
|
At least 50%
| |
Up to 75%
|
At least 75%
| |
Up to 90%
|
100%
|
(3)
Unit sizes and bedroom distribution.
(a)
Each apartment or townhouse low- and moderate-income
dwelling unit shall have the following minimum net habitable floor
area:
Apartments
| ||
Number of Bedrooms
|
Floor Area
(square feet)
| |
Efficiency
|
500
| |
1
|
600
| |
2
|
725
| |
3
|
875
| |
Townhouses
| ||
Number of Bedrooms
|
Floor Area
(square feet)
| |
1
|
700
| |
2
|
850
| |
3
|
1,000
|
(c)
The number of bedrooms restricted to senior
citizens shall, at a minimum, equal the number of senior citizen low-
and moderate-income units within the inclusionary development. This
standard can be met by creating all one-bedroom units or by creating
a two-bedroom unit for each efficiency unit.
(4)
Distribution of affordable units within inclusionary
developments. With the exception of inclusionary developments constructed
pursuant to low-income tax credit regulations, the following distribution
of low- and moderate-income units shall occur within any inclusionary
development:
I.
Procedures for the sale and rental of an affordable
unit when no certified household is found; exempt sales.
(1)
Initial sales of affordable units.
(a)
Low- and moderate-income sales units shall not
be offered to non-income-eligible households at initial sales without
approval from COAH.
(b)
Parties may petition COAH for such approval
in accordance with the procedures outlined in N.J.A.C. 5:93-12 and
shall document efforts to sell the unit(s) to income-eligible households.
(2)
Resale of affordable units.
(a)
Persons wishing to sell an affordable unit shall
notify the Affordable Housing Agency of their intent to sell.
[1]
If no eligible buyer enters into a contract of sale for the affordable unit within 90 days of the notice to the Affordable Housing Agency, the Affordable Housing Agency shall have the option to purchase the subject unit for a negotiated price that shall not exceed the maximum price permitted in accordance with Subsection F(3) of this section.
[2]
The Affordable Housing Agency shall consider
the specific reasons for any delay in selling the affordable unit
and the hardship to the seller in continuing to offer the affordable
unit to an income-eligible applicant.
[3]
The inability to sell the unit for the maximum
permitted resale price shall, not unto itself, be considered an appropriate
reason for allowing the subject affordable unit to be sold to a non-income-eligible
household.
[4]
If the application is approved, the Affordable
Housing Agency shall issue a statement of exemption indicating that
the subject affordable unit is exempt from the requirement that the
sale of the unit must be to a low- or moderate-income household, as
the case may be.
(b)
If a statement of exemption is issued by the Affordable Housing Agency, the seller may offer a low-income unit to a moderate-income household at the maximum resale price in accordance with Subsection F(3) of this section, and a moderate-income unit may be offered to a household earning in excess of 80% of the median regional income, in accordance with the following:
[1]
The statement of exemption shall apply only
to the specific resale transaction for which the seller has applied;
permission for the exemption of any other transaction shall require
application to, and approval by, the Affordable Housing Agency as
in the original instance.
[2]
Any sale pursuant to the issuance of a statement
of exemption shall not eliminate the resale controls on the subject
affordable unit or permit any subsequent seller to convey the affordable
unit except in full compliance with the restrictions and other applicable
provisions of this section.
[3]
Notwithstanding the issuance of a statement
of exemption for a particular transaction, all other terms, provisions
and restrictions of this Affordable Housing Ordinance shall remain
in full force and effect. Therefore, a purchaser of an affordable
unit which is subject to a statement of exemption shall take title
to the affordable unit subject to the terms, restrictions, conditions
and provisions of this section applicable to the affordable unit,
including but not limited to those addressing use, occupancy and resale,
just as though the purchaser was in fact a certified household.
(3)
Rentals of affordable units.
(a)
Owners of low- and moderate-income rental units
shall not offer rental units to non-income-eligible households without
prior approval from COAH.
(b)
Parties may petition COAH for such approval
in accordance with the procedures outlined in N.J.A.C. 5:93-12 and
shall document all efforts to rent the unit(s) to income-eligible
households and shall demonstrate to the satisfaction of COAH that
alternatives, such as a reduction of the rent, are not feasible.
(4)
Exempt sales.
(a)
The following transfers of ownership shall deemed
to be "non-sales" for purposes of this section, and the Affordable
Housing Agency shall issue a statement of exemption to the owner receiving
title by virtue of the following transactions:
[1]
Transfer of ownership between husband and wife.
[2]
Transfer of ownership between former spouses
ordered as a result of a judicial decree of divorce or separation,
but not including sales to third parties.
[3]
Transfer of ownership between family members
as a result of inheritance.
[4]
Transfer of ownership through an executor's
deed to third parties.
[5]
Transfer of ownership through a court order.
(b)
Such transfers of ownership shall neither extinguish
the restrictions and applicability of this section to the subject
affordable unit nor terminate any liens incurred under this section.
Liens must be satisfied in full prior to the subsequent resale of
the affordable unit, and all such subsequent resales are fully subject
to the terms and provisions of this section.
J.
Recapture of affordable sales units.
(1)
Options to buy sales units.
(a)
The terms, restrictions and covenants of an affordable housing document shall include an option permitting options for the purchase of an affordable unit at the maximum allowable restricted sales price at the time of the first nonexempt sale after the controls on affordability have been in effect on the unit for the applicable time period specified in Subsection G(4) of this section.
(b)
The options to buy shall be available to the
City of Clifton, the New Jersey Department of Community Affairs (NJDCA),
the New Jersey Housing and Mortgage Finance Agency (NJHMFA) or a qualified
nonprofit as determined by COAH.
(c)
The terms, restrictions and covenants of an affordable housing document shall require the owner to notify the Affordable Housing Agency in writing by certified mail of any intent to sell the unit at least 90 days prior to entering into an agreement for the first nonexempt sale after controls have been in effect for the applicable time period specified in Subsection G(4) of this section.
(d)
Within five days of receipt of such notice,
the Affordable Housing Agency shall notify the City, the NJDCA, the
NJHMPA and COAH that the unit is for sale at the maximum allowable
resale price. Any option to buy the housing unit shall be exercised
in writing to the owner by certified mail and shall be deemed exercised
upon mailing. A copy of the written notification to the owner shall
be mailed to the Affordable Housing Agency.
(e)
If the City of Clifton exercises its option
to purchase the unit, it may enter into a contract to purchase the
unit, subject to the following:
[1]
The contract shall require the owner to convey
good and marketable title, insurable by a title company doing business
in the State of New Jersey, at regular rates and free and clear of
any and all liens.
[2]
The deed from the owner shall be a bargain and
sale deed with covenants against grantor's acts.
[3]
The contract shall call for a closing date within
60 days of the exercise of the option, unless the owner and the Affordable
Housing Agency agree to an extension thereof.
(f)
If the City of Clifton fails to exercise its
option to purchase the unit within 90 days its receipt of the owner's
notice of an intent to sell the unit, the first of the other entities
giving notice to the owner of its intent to purchase the unit during
the ninety-day period shall be entitled to purchase the unit.
(g)
If the option to purchase that unit at the maximum allowable resale price is not exercised by written intent to purchase by either the City of Clifton the NJDCA, NJHMFA or a qualified nonprofit entity, the owner may proceed to sell the housing unit to another party in accordance with Subsection J(5) of this section hereinbelow. However, if the owner has not conveyed title to the unit within one year of the date of delivery of the initial notice of intent to sell, the option to buy the unit shall be restored and the owner shall be required to submit a new notice of intent to sell the unit at least 90 days prior to any future proposed date of sale, as in the first instance.
(h)
As referred to in this section, the term "principal
differential" shall mean the difference between the controlled unit
sale price and the fair market value as determined at the date of
the proposed contract of sale after reasonable real estate broker
fees have been paid as well as the payment of the following additional
costs as be applicable and approved by COAH:
[1]
Outstanding taxes and governmental assessments.
[2]
The first purchase money mortgage.
[3]
The attorney's fees and costs of sale of the
first money mortgagee.
[4]
Outstanding assessments.
[5]
The attorney's fees and costs of sale of the
Affordable Housing Agency.
[6]
Subordinate lien holders.
[7]
The attorney's fees and costs of sale of any
subordinate lien holders.
(2)
City of Clifton option to buy. If the City of
Clifton elects to purchase a low- or moderate-income unit, it may:
(a)
Sell or rent the unit to a low- or moderate-income purchaser or tenant at a price or rent not to exceed the applicable maximum allowable restricted resale price or rerental charge in accordance with Subsection F(3), F(4) and F(5) of this section for the applicable time period specified in Subsection G(4) of this section, provided that the unit is controlled by an affordable housing document in accordance with the applicable provisions of Subsection G of this section.
(b)
Sell the unit at fair market value subject to
the following:
[1]
Notice to COAH of the proposed sale and the
proposed sales price at least 90 days before closing.
[2]
Notice to COAH of the price differential.
[3]
Deposit of the price differential in a trust
account devoted solely to the creation, rehabilitation or maintenance
of low- and moderate-income housing, provided that the money shall
not be expended until the City of Clifton submits, and COAH approves,
a spending plan which is in accordance with N.J.A.C. 5:93-5.1(c) and
which is subject to the restrictions, monitoring requirements and
penalties outlined in N.J.A.C. 5:93-8.15 through 5:93-8.17.
(3)
State of New Jersey option to buy. When the
New Jersey Department of Community Affairs or the New Jersey Housing
and Mortgage Finance Agency elects to purchase a low- or moderate-income
unit, it may:
(4)
Qualified nonprofit option to buy. Nonprofit
agencies that have been designated by COAH shall be eligible to purchase
low- and moderate-income units for the sole purpose of selling or
renting the housing units to a low- or moderate-income purchaser or
tenant, subject to the following:
(5)
Owner options to sell. An eligible seller of a low- or moderate-income unit which has been controlled for the applicable time period specified in Subsection G(4) of this section, and who has provided notice of an intent to sell in accordance with this section, may proceed with the sale of the affordable unit in accordance with either of the following two options if neither the City of Clifton, the NJDCA, NJHMFA or a qualified nonprofit entity has exercised its option to purchase the unit within 90 days of the seller's notice:
(a)
Option #1 is for the seller to sell to a qualified
low- or moderate-income household at the controlled unit sales price,
in accordance with the following:
(b)
Option #2 is for the seller to exercise a repayment option and sell the unit to any purchaser at fair market value, provided that the following are met and subject to the rejection of the repayment option by the City of Clifton in accordance with Subsection J(6) of this section hereinbelow:
[1]
Ninety-five percent of the price differential
shall be paid to the Affordable Housing Agency, as an instrument of
the City of Clifton, at the date of closing and transfer of title.
[2]
The Affordable Housing Agency shall examine
the contract of sale containing the repayment option to determine
if the proposed sales price bears a reasonable relationship to the
housing unit's fair market value.
[a]
In making this determination, the
Affordable Housing Agency may rely on comparable sales data or an
appraisal.
[b]
The affordable housing agency shall
not approve any contract of sale where there is a determination that
the sales price does not bear a reasonable relationship to fair market
value.
[c]
The Affordable Housing Agency shall
make a determination within 20 days of receipt of the contract of
sale and shall calculate the repayment option payment.
[3]
The Affordable Housing Agency also shall adopt
an appeal procedure by which a seller may submit written documentation
requesting the Affordable Housing Agency to do the following, provided
that the determination made by the Affordable Housing Agency as a
result of an owner's appeal shall be a final administrative determination
by the Affordable Housing Agency:
[4]
The repayment proceeds to the Affordable Housing
Agency shall be deposited in a trust account devoted solely to the
creation, rehabilitation or maintenance of low- and moderate-income
housing, provided that money may not be expended until the City of
Clifton submits, and COAH approves, a spending plan which is in accordance
with N.J.A.C. 5:93-5.1(c) and which is subject to the restrictions,
monitoring requirements and penalties outlined in N.J.A.C. 5:93-8.15a
through 5:93-8.17.
[5]
The proceeds to the owner shall, except in the
event of foreclosure, be forwarded to the owner, in accordance with
the following:
[a]
If the former affordable unit owner
cannot be located or is unavailable for purposes of payment of the
owner's proceeds of the sale of the affordable unit, the Affordable
Housing Agency shall deposit and hold such proceeds for a period of
two years in an account in the name of the former affordable unit
owner, and shall issue written notice by mail to the last known address
or forwarding address provided by the former affordable unit owner.
The notice shall inform the owner of the following:
[i]
The amount of proceeds to which
the former owner is entitled.
[ii]
The circumstances under which
the Affordable Housing Agency holds the proceeds in trust for the
benefit the former owner.
[iii]
the Affordable Housing Agency
will continue to hold the proceeds until it receives a clam from the
former owner in writing indicating an address to which payment shall
be made, or for a period of two successive years, whichever occurs
first.
[b]
If the period of two successive
years should elapse during which the proceeds remain unclaimed and
the whereabouts of the former affordable unit owner remains unknown
to the Affordable Housing Agency, such funds shall be deemed irrevocably
contributed to the Affordable Housing Agency by that former affordable
unit owner.
(6)
City of Clifton right to reject repayment option. The City of Clifton shall have the right to determine that the most desirable means of promoting an adequate supply of low- and moderate-income housing is to prohibit the exercise of the repayment option referred to in Subsection J(5)(b) of this section and maintain the controls on affordable units beyond the expiration dates of the affordable housing documents controlling the units:
(a)
Such a determination by the City of Clifton
shall be made by resolution of the Mayor and Council, and the resolution
shall specify the time period for which the recapture option shall
not be applicable.
(b)
During such time period specified by the Mayor
and Council, no seller of an affordable unit in the City of Clifton
may utilize the repayment option referred to in Subsection J(b) of
this section, provided that the City of Clifton:
[1]
Provides public notice in an official newspaper
of the City;
[2]
Notifies the Affordable Housing Agency; and
[3]
Directs the Affordable Housing Agency to ensure
that the deed restriction on all affected affordable units reflects
the appropriately extended time period on the affordability controls.
K.
Obligations of occupants and notices of violations.
(1)
Obligation of owners and renters.
(a)
In all cases, a certified household shall be
the only occupant of a low- or moderate-income unit, and in no case
shall an affordable unit be sold, rented or otherwise occupied without
the prior approval of the Affordable Housing Agency.
(b)
The owner of an affordable unit shall pay any
and all assessments by a homeowners' association, if applicable, and
all taxes and public assessments levied upon or against the unit,
and shall pay the assessments and taxes at the time they are due and
before penalties occur.
(c)
The owner and renter, if applicable, of an affordable
unit shall fully comply with all of the terms, restrictions and provisions
of any master deed, this Affordable Housing Ordinance, the affordable
housing document and the rules and regulations of the Affordable Housing
Agency.
(d)
The proprietary interest of any owner of an
affordable unit shall be subject to forfeiture in the event of substantial
violation of any of the terms, restrictions and provisions of the
master deed, this Affordable Housing Ordinance, the affordable housing
document and the rules and regulations of the Affordable Housing Agency.
(e)
Regarding any renter of an affordable unit,
the terms, restrictions and provisions of the master deed, this Affordable
Housing Ordinance, the affordable housing document and/or the rules
and regulations of the Affordable Housing Agency shall be considered
a material element of the renter's lease and the landlord's rules,
and any violation of such terms, restrictions and provisions shall
be cause for eviction pursuant to N.J.S.A. 2A:18-61.1d and/or 2A:18-16.1e.
(f)
The owner and renter, if applicable, of an affordable
unit shall keep the unit in good repair, and the City Construction
Official, at the request and on behalf of the Affordable Housing Agency,
shall enter and inspect an affordable unit in order to assess its
condition relative to the applicable laws of the City of Clifton,
and shall report his/her findings to the Affordable Housing Agency
in writing.
(2)
Notice of violations.
(a)
The Affordable Housing Agency shall issue a
notice of violation to an owner or renter of an affordable unit when
an evident violation has occurred regarding any of the terms, restrictions
and/or provisions of any master deed, this affordable housing ordinance,
the affordable housing document or the rules and regulations of the
Affordable Housing Agency.
(b)
The notice of violation shall be in writing
and shall be sent to the owner or renter, as the case may be, by certified
mail and shall be deemed to have been received three days after mailing.
The notice of violation shall indicate:
[1]
The term(s), restriction(s), provision(s), rule(s)
and/or regulation(s) violated by the owner or renter;
[2]
The particular manner in which the owner or
renter violated the term(s), restriction(s), provision(s), rule(s)
and/or regulation(s); and
[3]
The step(s) considered necessary by the Affordable
Housing Agency for the owner or renter to cure the violation(s).
(c)
An owner or renter shall have 45 days from the
date of receipt of the notice of violation in which to correct the
violation(s) in accordance with the steps set forth by the Affordable
Housing Agency in the notice of violation, in accordance with the
following:
[1]
If the violation(s) represents an imminent threat
to the health, safety or welfare of the residents or the environment,
the Affordable Housing Agency shall establish a reasonable time period
to cure the violation(s), which may be a time period other than 45
days, and shall indicate the time period within the notice of violation.
[2]
The Affordable Housing Agency shall have complete
discretion to grant or deny a request for an extension of the specified
time period to cure the violation(s), and shall not unreasonably deny
such a request.
[3]
Upon expiration of the time period to cure the
violation(s), the Affordable Housing Agency shall decide whether or
not an owner or renter has adequately corrected the violation(s),
and the decision of the Affordable Housing Agency shall be final.
(d)
Failure by the owner or renter of an affordable unit to cure the violation(s) within the established time period to cure the violation(s) shall be considered a notice of intent to sell the affordable unit, and the recapture provisions specified in Subsection J of this section may be declared operative. In addition to or as an alternative to declaring the recapture provisions specified in Subsection J of this section operative, the Affordable Housing Agency shall have the right to pursue any other legal and equitable remedies to which it may be entitled upon failure by an owner or renter of an affordable unit to cure the violation(s).
(e)
Failure of the Affordable Housing Agency to
issue a notice of violation to an owner or renter of an affordable
unit for any violation(s) shall not constitute a waiver or forfeiture
by the Affordable Housing Agency of its rights to enforce the terms,
restrictions and/or provisions of any master deed, this Affordable
Housing Ordinance, the affordable housing document or the rules and
regulations of the Affordable Housing Agency with respect to the subject
affordable unit or to any other affordable unit.
L.
Foreclosure.
(1)
Effect of foreclosure. An affordable unit which
is acquired by the first mortgagee by a judgment of foreclosure, or
by a deed in lieu of foreclosure or by any purchaser (other than the
defaulting mortgagor) of the affordable unit at a foreclosure sale
conducted by the holder of the first mortgage shall be permanently
released from the terms, restrictions and provisions of any master
deed, this Affordable Housing Ordinance, the affordable housing document
and the rules and regulations of the Affordable Housing Agency, in
accordance with the following:
(a)
While the aforementioned terms, restrictions
and provisions shall cease to be effective upon the first mortgagee
and all subsequent purchasers and mortgagees of the particular unit,
said, terms, restrictions and provisions shall continue upon the owner
of the subject affordable unit at the time of the default.
(b)
The foreclosure upon the affordable unit by
another class of creditor other than the first mortgagee shall not
result in the cessation of said terms, restrictions and provisions.
(2)
Notice of foreclosure.
(a)
The first mortgagee and/or the mortgage holder
shall serve written notice upon the Affordable Housing Agency within
10 days after the first mortgage is three months in arrears, and within
10 calendar days of the filing of the complaint seeking foreclosure
of the first mortgage held on the affordable unit.
(b)
Failure of the first mortgagee or mortgage holder
to provide notice of a foreclosure action to the Affordable Housing
Agency shall not impair any of the financial institution's rights
to recoup loan proceeds, shall neither negate the extinguishment of
the controls on the subject affordable unit nor the validity of the
foreclosure and shall not create a cause of action against the financial
institution.
(3)
Continuance of the affordable unit.
(a)
If an affordable unit owner defaults under the terms of a first mortgage, and if a foreclosure action is brought by the first mortgagee to foreclose its lien against the affordable unit owner, the recapture provisions of Subsection J of this section shall be operative and the City of Clifton, the State of New Jersey or a qualified nonprofit agency may purchase the subject affordable unit.
(b)
In addition to the possibilities of the affordable unit being purchased by the City of Clifton, the State of New Jersey or by a qualified nonprofit agency in accordance with the recapture provisions of Subsection J of this section, the City of Clifton may advance and pay sums necessary to continue the subject unit as an affordable unit under the terms of this section, subject to the following:
[1]
The sum paid by the City of Clifton shall be
approved by COAH and may include, but not be limited to, payment for
insurance premiums, taxes, public or private assessments, second mortgages
authorized by the Affordable Housing Agency and/or liens which may
be or become prior and senior to any first mortgage lien on the subject
affordable unit.
[2]
All sums paid by the City of Clifton shall become
a lien against the subject affordable unit and shall have a higher
priority than any lien except the first mortgage lien and other liens
by duly authorized governmental agencies.
(4)
Surplus funds. In the event of a foreclosure sale by the first mortgagee, the owner of the affordable unit at the time of the default shall be personally obligated to pay to the Affordable Housing Agency any surplus funds resulting from the foreclosure sale, but only to the extent that such surplus exceeds the difference between the maximum resale price permitted at the time of the foreclosure in accordance with Subsection F(3) of this section and the amount necessary to redeem the first mortgage, including the costs of foreclosure, and subject to the following:
(a)
The term "surplus funds" is the total dollar
amount paid to the sheriff in excess of the amount required to pay
and satisfy the first mortgage, including the costs of foreclosure,
even if junior creditors actually receive payment from said surplus
funds to the exclusion of the owner.
(b)
The Affordable Housing Agency shall have a first
priority lien to the full amount of the surplus funds, second only
to the first mortgage of the subject unit and to any taxes or public
assessments owed to a duly authorized governmental body, provided
that the following:
[1]
The obligation of the owner to pay any moneys
owed to the Affordable Housing Agency is considered to be a personal
contractual obligation of the owner of the affordable unit at the
time of the foreclosure sale, and the Affordable Housing Agency is
hereby empowered to enforce the obligation of the owner in any appropriate
court of law or equity.
[2]
Neither the first mortgagee nor the purchaser
of the foreclosure sale shall be responsible or liable to the Affordable
Housing Agency for any portion of the surplus funds.
(c)
The distribution and payment of moneys resulting
from a foreclosure sale shall be subject to any and all applicable
laws of the State of New Jersey.
M.
Affirmative marketing plans for new affordable units.
(1)
Affordable unit occupancy preference.
(a)
All affordable units shall be available to appropriately
sized low- and moderate-income certified households, irrespective
of sex, age, race, color, religion, national origin or number of children.
(b)
The screening and interview process by the Affordable
Housing Agency for income-eligible households that apply for low-
and moderate-income units within Clifton shall be conducted in accordance
with the procedures outlined in N.J.A.C. 5:93-11.4 of the Substantive
Rules of COAH.
(c)
The following priority categories for certified
households for all affordable units shall prevail in the City of Clifton
and, within each priority category during each round of application
selection, a random selection of the eligible certified households
shall prevail:
[1]
First priority shall be given to certified households
now living in substandard housing units in the City of Clifton.
[2]
Second priority shall be residents of Bergen,
Hudson, Passaic and Sussex Counties.
[3]
Third priority shall be residents of the State
of New Jersey.
[4]
Fourth priority shall be to anyone else.
(2)
Contents of the affirmative marketing plan.
The affirmative marketing plan shall be a regional marketing strategy
designed to attract buyers and/or renters of the affordable
units being marketed by a developer or sponsor of the units, and the
affirmative marketing plan shall continue during the period of time
that any of the affordable units is controlled by an affordable housing
document.
(a)
The affirmative marketing plan for new affordable
units shall provide the following information:
[1]
The name and address of the housing project.
[2]
The total number of units and the total number
of affordable units, including the number of sales and rental affordable
units.
[3]
The price of the sales affordable units and/or
rents of the rental affordable units.
[4]
A documentation of the potential realistic availability
of mortgages for prospective low-income purchasers and moderate-income
purchasers at or below the mortgage rate used to determine the sales
prices of the affordable units.
[5]
A documentation of the availability of private
mortgage insurance in conjunction with low down payment mortgages.
[6]
A statement of the projected closing costs for
each unit type and price level, and the efforts to be made prior to
sale to reduce the closing costs to the extent feasible.
[7]
The name, address and telephone number of the
sales agent and/or rental agent.
[8]
A description of the random selection method
that will be used to select certified households for the affordable
units.
(b)
The marketing program portion of the affirmative
marketing plan shall be designed to advertise and publicize to all
segments of the income-eligible population throughout the housing
region that the affordable units are available, and shall include
the following:
[1]
The names of the specific newspapers with circulation
throughout the housing region that will be used, including the frequency
of the advertisements and the general text of advertisements.
[2]
The names of the specific radio and television
stations broadcasting in the housing region that will be used, including
the frequency of the advertisements and the general text of the advertisements.
[3]
The names of other specific publications circulating
within the housing region that will be used and are likely to be read
by income-eligible low- and moderate-income households, such as neighborhood-oriented
weekly newspapers, religious publications and organizational newsletters.
[4]
The names of the specific employers throughout
the housing region that will be contacted to post advertisements and
distribute flyers regarding the available affordable units.
[5]
The names of the specific community and regional
organizations that will be used to aid in soliciting income-eligible
low- and moderate-income households to apply for the available affordable
units including nonprofit, religious, governmental, fraternal, civic
and other organizations.
(3)
Compliance with state and federal law. All advertisements
shall conform with applicable affirmative action, equal opportunity
and nondiscrimination laws of the State of New Jersey and federal
government.
(4)
Commencement of the affirmative marketing plan.
(a)
The affirmative marketing plan shall begin at
least four months prior to the expected occupancy of the subject affordable
units, and there shall be at least one paid advertisement including
at least the following information published in a newspaper of general
circulation within the housing region during the first week of the
marketing program:
[1]
The location of the affordable units.
[2]
Directions to the affordable units.
[3]
The range of sales prices and/or rents for the
affordable units.
[4]
The number of bedrooms in the affordable units.
[5]
The maximum income permitted in order to qualify
for the affordable units.
[6]
The location of the application forms for the
affordable units.
[7]
The business hours when interested households
may obtain an application for an affordable unit.
(b)
The application forms for affordable units shall
be made available at several locations, including, at the very least,
the City of Clifton Municipal Building, the City libraries and the
offices of the developer or sponsor of the affordable units; moreover,
the application forms shall be mailed to prospective applicants upon
request.
(5)
Review and approval of the affirmative marketing plan. The developer or sponsor of affordable units shall prepare and submit to the Affordable Housing Agency, for its review and approval, an affirmative marketing plan, prepared in accordance with the requirements hereinabove in Subsection M(1) through (3) of this section.
(a)
In its review of any site plan and/or subdivision
submission which will contain any affordable units, the Planning Board
or Zoning Board of Adjustment, as the case may be, shall condition
any site plan and/or subdivision approval upon the approval by the
Affordable Housing Agency of an affirmative marketing plan.
(b)
The Planning Board or Zoning Board of Adjustment,
as the case may be, also shall condition the approval of any site
plan and/or subdivision submission which will contain any affordable
units upon the requirement that the cost of the marketing program
to advertise the affordable units is to be the responsibility of the
developer or sponsor.
(6)
Monitoring of the affirmative marketing plan(s).
The Affordable Housing Agency, on behalf of the City of Clifton, shall
evaluate the results of the affirmative marketing plan(s) operative
within the City of Clifton and shall file an annual report with COAH
by February of each calendar year, including the following information:
(a)
The monitoring forms provided by COAH.
(b)
An evaluation of the income and demographic
characteristics of each applicant for an affordable unit, as well
as the income and demographic characteristics of each occupant of
the unit.
(c)
An evaluation of any necessary adjustments in
the affirmative marketing plan(s) and, if deemed not effective, the
affirmative marketing plan(s) shall be required to be amended.
N.
Housing Rehabilitation Program.
(1)
Owner eligibility. Owners of houses within the
City of Clifton are eligible for the technical and financial assistance
made available through the Housing Rehabilitation Program, provided
that the following are met:
(a)
The owner must be a certified household or must
agree to rent the house to be rehabilitated to either a low-income
household or a moderate-income household.
(b)
The unit proposed to be rehabilitated must be
a substandard housing unit as determined in writing by the City Construction
Code Official upon inspection of the unit relative to the prevailing
standards of the BOCA National Existing Structures Code.
(c)
The proposed rehabilitation activity shall be
limited to the repair or replacement of a plumbing (including wells),
heating, electricity, sanitary roof, plumbing (including septic systems)
and/or a load-bearing structural system; the rehabilitation activity
shall not include luxury improvements, the purchase of appliances
or improvements that are strictly cosmetic.
(d)
The proposed rehabilitation activity shall be
deemed by the City Construction Code Official, in writing, to be sufficient
to remove the applicable existing health and safety code violation(s)
and bring the unit up to the standards of the BOCA National Existing
Structures Code.
(e)
The owner must agree, in writing, to comply
with all of the applicable requirements of this Affordable Housing
Ordinance.
(2)
Affordable housing document.
(a)
Each owner who receives financial assistance under the provisions of the City of Clifton Housing Rehabilitation Program shall prepare and be bound by an affordable housing document in accordance with Subsection G of this section.
(b)
The affordable housing document shall be the
legal instrument setting forth the terms, restrictions and provisions
applicable to the subject affordable unit and which shall constitute
the restrictive covenants running with the land with respect to the
subject affordable unit.
(c)
The affordable housing document (lien) shall
take effect as soon as the Affordable Housing Agency has approved
the application and money has been made available for the rehabilitation
activity. The affordable housing document shall remain in effect for
six years in the case of an owner-occupied unit and 10 years in the
case of a rental unit; and any sale of the unit shall not affect the
lien.
(d)
Each owner who rents a unit to a low- or moderate-income household shall agree to be bound by the provisions governing the maximum rental charges for all affordable units specified in Subsection F(4) of this section, and by the provisions governing the maximum rerental charges for all affordable units specified in Subsection F(5) of this section, as applicable.
(3)
Funding and funding phasing.
(a)
The City of Clifton shall provide $10,000 per
unit to be rehabilitated during the course of the Rehabilitation Program.
No more than $2,000 may be expended per unit for administrative expenses,
and an average of $8,000 shall be expended for the actual rehabilitation
activity.
(b)
The City of Clifton shall provide sufficient
dollars to fund 1/3 of its rehabilitation component of affordable
units within one year of the date it received substantive certification
from COAH.
(c)
During each subsequent year, for a period of
four additional years, the City of Clifton shall provide sufficient
dollars to fund 1/6 of its rehabilitation component of affordable
units, provided that:
[1]
No more than the dollars sufficient to fund
1/6 of the rehabilitation component need be in the rehabilitation
funding during each year subsequent to the first year's funding; and
[2]
Any unused moneys from a prior year remaining
in the rehabilitation fund may be carried forth and credited towards
the following year's funding requirement.
(4)
Application procedures.
(a)
Interested owners will be able to secure information
and application packets from the Affordable Housing Agency via the
City Clerk by visiting the Clifton Municipal Building during the City
Clerk's regularly scheduled office hours.
(b)
Interested owners shall submit a completed application
to the Affordable Housing Agency via the City Clerk.
(c)
The Affordable Housing Agency shall review the application for completeness and, once an application is complete, determine whether the owner is eligible in accordance with the criteria set forth in Subsection N(1)(a) of this section.
(d)
Upon determination by the Affordable Housing
Agency that the owner is eligible, the City Construction Code official
shall inspect the subject unit to determine whether it meets the definition
of a substandard housing unit under the provisions of this section,
and whether or not the proposed description and cost of the work needed
to improve the unit will meet the parameters of the Housing Rehabilitation
Program. The Construction Code Official's determination shall be submitted
in writing to the Affordable Housing Agency.
(e)
If the City Construction Code Official determines
that the unit meets the definition of a substandard housing unit but
recommends an amended description and cost estimate of the work necessary
to rehabilitate the unit, the applicant will be asked to revise the
application to satisfactorily address the comments the Construction
Code Official.
(f)
If the City Construction Code Official determines
that the unit meets the definition of a substandard housing unit and
that the agreed-upon work plan to rehabilitate the unit is satisfactory,
the Construction Code Official shall notify the Affordable Housing
Agency in writing.
(g)
Once the Construction Code Official has notified the Affordable Housing Agency in writing that the agreed-upon work plan to rehabilitate the unit is satisfactory, the Affordable Housing Agency shall arrange for a low-interest loan in accordance with Subsection N(5) of this section hereinbelow. The rehabilitation work may begin as soon as the applicant and the appropriate representative of the Affordable Housing Agency have signed all necessary agreements.
(h)
During the course of the completion of the rehabilitation
construction, the City Construction Code Official periodically shall
inspect the unit to make certain that the construction is proceeding
satisfactorily in accordance with the approved work plan.
(i)
After completion of the rehabilitation construction,
the City Construction Code Official shall inspect the unit and, if
the rehabilitation construction has been completed satisfactorily,
shall certify in writing to the Affordable Housing Agency that the
rehabilitation work has been completed in accordance with the approved
work plan.
(j)
Should the City Construction Code Official find
upon inspection that the rehabilitation work has not been completed
in accordance with the approved work plan, the Construction Code Official
shall so notify the Affordable Housing Agency, which will determine
a suitable remedy.
(5)
Low-interest loans. An eligible owner who has
executed an affordable housing document for the subject substandard
housing unit shall receive a low-interest loan from the Affordable
Housing Agency. The Affordable Housing Agency shall work with the
applicant to establish a realistic loan repayment schedule. If the
applicant does not meet the established loan repayment schedule, the
Affordable Housing Agency shall collect the uncollected funds as well
as the accumulated interest at the time of the sale of the unit, and
the Affordable Housing Agency shall retain the right to increase the
interest rates on delinquent loans.
(a)
Rental rehabilitation. The following terms shall
apply to loans made for the rehabilitation of a unit that is owned
by a household who does not qualify as a low- or moderate-income household,
but who has agreed to rent the unit to a low- or moderate-income household:
[1]
The Affordable Housing Agency will make a loan
to the applicant for the total amount of the cost of rehabilitation.
Although the loan will be made to the applicant, the proceeds of the
loan will be paid to the individual(s) or business(es) who sell the
material and/or labor for the project. Owners who contribute sweat
equity will not receive financial remuneration for their efforts.
[2]
The interest rate will be fixed at an annual
rate of two points below prime, or one point above the City of Clifton
interest rate on bonds sold for such purpose, whichever is less, at
the time the loan originates. The interest rate on bonds will be established
and made public at the time of the sale, and all prospective borrowers
will be notified in writing of the respective rates.
[3]
Payments on loan principal will be deferred
for a ten-year period. Payments on interest will be made in equal
monthly payments during the ten-year period, or until the loan is
paid before the end of the ten-year period.
[4]
Repayment of the loan principal and any interest
due will become payable in full at the end of 10 years, unless the
owner elects to continue the affordability controls on the affordable
unit for an appropriate period of time. No interest will be charged
after the 10th year if the owner chooses to defer repayment of the
loan principal in exchange for extending controls on the affordable
unit.
[5]
Sixty days prior to the end of the loan's ten-year
life, the Affordable Housing Agency shall submit a letter to the owner
indicating the date on which the loan principal and any interest due
will become payable, the specific date when the Affordable Housing
Agency expects payment and the circumstances under which the repayment
of the loan principal may continue to be deferred.
[6]
Repayment of the loan may be extended beyond
the ten-year period, interest free, if and only if the owner agrees
to continue renting to a low- or moderate-income household, as the
case may be, and extends the affordable housing document controlling
the subject affordable unit. If the owner wants to take this option,
he or she shall notify the Affordable Housing Agency in writing of
his or her intentions within 30 days of receipt of the notification
from the Affordable Housing Agency that the loan principal will become
due.
[7]
If an owner plans to continue affordability
controls on the subject unit, he or she must sign an agreement with
the Affordable Housing Agency that the affordable housing document
controlling the subject affordable unit will be renewable annually,
and that the owner must demonstrate to the Affordable Housing Agency
at the time that the unit continues to be occupied by a low-income
household or a moderate-income household, as the case may be.
(b)
Owner-occupied rehabilitation. The following
terms shall apply to loans made for the rehabilitation of a unit that
is owner-occupied by either a low-income household or a moderate-income
household:
[1]
The Affordable Housing Agency will make a loan
to the applicant for the total amount of the cost of rehabilitation.
Although the loan will be made to the applicant, the proceeds of the
loan will be paid to the individual(s) or business(es) who sell the
material and/or labor for the project. Owners who contribute sweat
equity will not receive financial remuneration for their efforts.
[2]
The interest rate will be fixed at an annual
rate of two points below prime, or one point above the City of Clifton's
interest rate on bonds sold for such purpose, whichever is less, at
the time the loan originates. The interest rate on bonds will be established
and made public at the time of the sale, and all prospective borrowers
will be notified in writing of the respective rates. The interest
on the loan shall be charged for a period of 10 years, unless the
loan is repaid sooner.
[3]
Repayment of the loan will not be required until
the sale of the property at fair market value. At the time of the
sale, the unpaid principal plus the accrued interest shall be paid
to the Affordable Housing Agency, except that no interest shall be
charged beyond the 10th year of the loan.
(c)
Priority for financial assistance. In the event
that sufficient funds are not available to provide low-interest loans
to every eligible owner, at least 50% of the available assistance
shall be awarded to applications that will result in low-income units
in preference to those that will result in moderate-income units.
(6)
Rehabilitation marketing plan. The Affordable
Housing Agency shall be responsible to prepare and execute a rehabilitation
marketing plan, which shall consist of the following:
(a)
At least one well-publicized public meeting
to be held in the City of Clifton Municipal Building to discuss and
explain the Housing Rehabilitation Program.
(b)
A large poster highlighting the main features
of the Housing Rehabilitation Program, to be prepared and hung in
the City of Clifton Municipal Building at all times.
(c)
The issuance of periodic press releases to the
official newspapers of the City of Clifton regarding the Housing Rehabilitation
Program in order to promote interest in the Housing Rehabilitation
Program.
(d)
A Rehabilitation Manual summarizing the administration
of the Housing Rehabilitation Program, which shall be mailed to all
residents of the City of Clifton prior to March 31 of each calendar
year included in the substantive certification of the City of Clifton
by COAH. The Rehabilitation Manual shall comply with the rules of
COAH, shall contain a sample copy of an affordable housing document
(lien) and shall describe:
[1]
The Affordable Housing Agency and its responsibilities
regarding the Housing Rehabilitation Program;
[2]
The eligible repairs and improvements to a substandard
housing unit;
[3]
The amount of money available for the repairs
and improvements;
[4]
The financing terms;
[5]
The criteria for owner eligibility;
[6]
The application procedures;
[7]
The procedures for review and approval of the
repairs and improvements by the City of Clifton Construction Code
Official, including periodic inspections of the work in progress;
and
[8]
The duration of the affordability controls to
be contained within the affordable housing document.
O.
Development fees.
[Amended 12-20-2005 by Ord. No. 6538-05]
(1)
Purpose. In Holmdel Builder's Association v.
Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court
determined that mandatory development fees are authorized by the Fair
Housing Act of 1985, N.J.S.A. 52:27d-301 et seq., and the State Constitution,
subject to the Council on Affordable Housing's (COAH's) adoption of
rules. This subsection establishes standards for the collection, maintenance
and expenditure of development fees pursuant to COAH's rules. Fees
collected pursuant to this subsection shall be used for the sole purpose
of providing low- and moderate-income housing. This subsection shall
be interpreted within the framework of COAH's rules on development
fees.
(2)
Basic requirements. The City of Clifton shall
not spend development fees until COAH has approved a plan for spending
such fees and the City of Clifton has received third-round substantive
certification from COAH or a judgment of compliance.
(3)
AFFORDABLE HOUSING DEVELOPMENT
COAH
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
Definitions. The following terms, as used in
this subsection, shall have the following meanings:
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a one-hundred-percent affordable
development.
The New Jersey Council on Affordable Housing.
Funds paid by an individual, person, partnership, association,
company or corporation for the improvement of property as permitted
in COAH's rules.
The value of a property determined by the Municipal Tax Assessor
through a process designed to ensure that all property in the municipality
is assessed at the same assessment ratio or ratios required by law.
Estimates at the time of issuance of a building permit may be obtained
utilizing estimates for construction cost. Final equalized value will
be determined at project completion by the Municipal Tax Assessor.
(4)
Residential development fees.
(a)
Within all districts, including: R-A1Residential,
One-Family, 9,375 square feet; R-A2 Residential, One-Family, 6,600
square feet; R-A3 Residential, One-Family, 5,000 square feet; R-B1
Residential, One- and Two-Family; R-B2 Residential, One- and Two-Family
and Garden Apartments; R-B3 Residential, One- and Two-Family and Multifamily
Apartments; R-TH Residential, Townhouses; R-HR Residential, High-Rise
Suburban Apartments; B-A Business and Professional Offices; B-A1 Business
and Professional Offices and Existing Residential; B-B Neighborhood
Retail Business; B-C General Business; B-D Intensive Business; PCD
Planned Commercial Development; PCRD Planned Commercial and Residential
District; M-1 Restricted Industrial and Research Laboratories; M-2
General Industrial; M-3 Special Industrial; PD-1 Planned Development
No. 1; PD-2 Planned Development No. 2; PD-3 Planned Development No.
3; PDO-1 Planned Development Option No. 1; PDO-2 Planned Development
Option No. 2; P-MU Planned Mixed Use Zone; PRC Planned Residential
Community Cemeteries; PD-1(A) Planned Development No. 1(A); and PSRC
Planned Senior Housing and Municipal Recreation Complex, together
with such new districts as may be created from time to time, which
do not have a set affordable housing obligation, residential developers
shall pay a fee of 1% of the equalized assessed value for residential
development, provided no increased density is permitted.
(b)
When an increase in residential density pursuant
to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted,
developers may be required to pay a development fee of 6% of the equalized
assessed value for each additional unit that may be realized.
Example: If an approval allows four units to
be constructed on a site that was zoned for two units, the fees could
equal 1% of the equalized assessed value on the first two units, and
6% of the equalized assessed value for the two additional units. However,
if the zoning on a site has changed during the two-year period preceding
the filing of such a variance application, the density for the purposes
of calculating the bonus development fee shall be the highest density
permitted by right during the two-year period preceding the filing
of the variance application.
|
(5)
Nonresidential development fees.
(a)
Within all districts, including: R-A1 Residential,
One-Family, 9,375 square feet; R-A2 Residential, One-Family, 6,600
square feet; R-A3 Residential, One-Family, 5,000 square feet; R-B1
Residential, One- and Two-Family; R-B2 Residential, One- and Two-Family
and Garden Apartments; R-B3 Residential, One- and Two-Family and Multifamily
Apartments; R-TH Residential, Townhouses; R-HR Residential, High-Rise
Suburban Apartments; B-A Business and Professional Offices; B-A1 Business
and Professional Offices and Existing Residential; B-B Neighborhood
Retail Business; B-C General Business; B-D Intensive Business; PCD
Planned Commercial Development; PCRD Planned Commercial and Residential
District; M-1 Restricted Industrial and Research Laboratories; M-2
General Industrial; M-3 Special Industrial; PD-1 Planned Development
No. 1; PD-2 Planned Development No. 2; PD-3 Planned Development No.
3; PDO-1 Planned Development Option No. 1; PDO-2 Planned Development
Option No. 2; P-MU Planned Mixed Use Zone; PRC Planned Residential
Community Cemeteries; PD-1(A) Planned Development No. 1(A); and PSRC
Planned Senior Housing and Municipal Recreation Complex, together
with such new districts as may be created from time to time, which
do not have a set affordable housing obligation, nonresidential developers
shall pay a fee of 2% of the equalized assessed value for nonresidential
development.
(b)
If an increase in floor area ratio is approved
pursuant to N.J.S.A. 40:55D-70d(4), then the additional floor area
realized (above what is permitted by right under the existing zoning)
will incur a bonus development fee of 6% of the equalized assessed
value for nonresidential development. However, if the zoning on a
site has changed during the two-year period preceding the filing of
such a variance application, the base floor area for the purposes
of calculating the bonus development fee shall be the highest floor
area permitted by right during the two-year period preceding the filing
of the variance application.
[Amended 9-05-2006 by Ord. No. 6613-06]
(6)
Eligible exactions, ineligible exactions and
exemptions.
(a)
Affordable housing developments shall be exempt
from development fees. All other forms of new construction shall be
subject to development fees unless exempted below.
(b)
Developments that have received preliminary
or final approval prior to the imposition of a municipal development
fee shall be exempt from development fees unless the developer seeks
a substantial change in the approval.
(c)
Development fees shall be imposed and collected
when an existing structure is expanded or undergoes a change to a
more intense use. The development fee shall be calculated on the increase
in the equalized assessed value of the improved structure.
(7)
Collection of fees. Fifty percent of the development
fee will be collected at the time of issuance of the building permit.
The remaining portion will be collected at the issuance of the certificate
of occupancy. The developer shall be responsible for paying the difference
between the fee calculated at building permit and that determined
at issuance of certificate of occupancy.
[Amended 9-05-2006 by Ord. No. 6613-06]
(8)
Contested fees. Imposed and collected development
fees that are challenged shall be placed in an interest-bearing escrow
account by the City of Clifton. If all or a portion of the contested
fees are returned to the developer, the accrued interest on the returned
amount shall also be returned.
(9)
Affordable Housing Trust Fund.
(a)
There is hereby created a separate, interest-bearing
Housing Trust Fund in Valley National Bank for the purpose of depositing
development fees collected from residential and nonresidential developers
and proceeds from the sale of units with extinguished controls. All
development fees paid by developers pursuant to this subsection shall
be deposited into this fund.
(b)
Within seven days from the opening of the trust
fund account, the City of Clifton shall provide COAH with written
authorization, in the form of a three-party escrow agreement between
the municipality, Valley National Bank and COAH, to permit COAH to
direct the disbursement of the funds as provided for in N.J.A.C. 5:94-6.16(b).
(c)
No funds shall be expended from the affordable
Housing Trust Fund unless the expenditure conforms to a spending plan
approved by COAH. All interest accrued in the Housing Trust Fund shall
only be used on eligible affordable housing activities approved by
COAH.
(10)
Use of funds.
(a)
Funds deposited in the Housing Trust Fund may
be used for any activity approved by COAH to address the municipal
fair share. Such activities include, but are not limited to, rehabilitation,
new construction, RCAs subject to the provisions of N.J.A.C. 5:94-4.4(d),
ECHO housing, purchase of land for affordable housing, improvement
of land to be used for affordable housing, purchase of housing, extensions
or improvements of roads and infrastructure to affordable housing
sites, financial assistance designed to increase affordability, or
administration necessary for implementation of the Housing Element
and Fair Share Plan. The expenditure of all funds shall conform to
a spending plan approved by COAH.
(b)
Funds shall not be expended to reimburse the
City of Clifton for past housing activities.
(c)
After subtracting development fees collected
to finance an RCA, a rehabilitation program or a new construction
project that are necessary to address the City of Clifton's affordable
housing obligation, at least 30% of the balance remaining shall be
used to provide affordability assistance to low- and moderate-income
households in affordable units included in the municipal Fair Share
Plan. One-third of the affordability assistance portion of development
fees collected shall be used to provide affordability assistance to
those households earning 30% or less of median income by region.
[1]
Affordability assistance programs
may include down payment assistance, security deposit assistance,
low-interest loans and rental assistance.
[2]
Affordability assistance to households
earning 30% or less of median income may include buying down the cost
of low- or moderate-income units in the third-round municipal Fair
Share Plan to make them affordable to households earning 30% or less
of median income. The use of development fees in this matter shall
entitle the City of Clifton to bonus credits pursuant to N.J.A.C.
5:94-4.22.
[3]
Payments in lieu of constructing
affordable units on site and funds from the sale of units with extinguished
controls shall be exempt from the affordability assistance requirement.
(d)
The City of Clifton may contract with a private
or public entity to administer any part of its Housing Element and
Fair Share Plan, including the requirement for affordability assistance,
in accordance with N.J.A.C. 5:94-7.
[Amended 9-05-2006 by Ord. No. 6613-06]
(e)
No more than 20% of the revenues collected from
development fees each year, exclusive of the fees used to fund an
RCA, shall be expended on administration, including, but not limited
to, salaries and benefits for municipal employees or consultant fees
necessary to develop or implement a new construction program, a Housing
Element and Fair Share Plan and/or an affirmative marketing program.
In the case of a rehabilitation program, no more than 20% of the revenues
collected from development fees shall be expended for such administrative
expenses. Administrative funds may be used for income qualification
of households, monitoring the turnover of sale and rental units and
compliance with COAH's monitoring requirements. Development fee administrative
costs are calculated and may be expended at the end of each year or
upon receipt of the fees.
(11)
Monitoring. The City of Clifton shall complete
and return to COAH all monitoring forms included in the annual monitoring
report related to the collection of development fees from residential
and nonresidential developers, payments in lieu of constructing affordable
units on site and funds from the sale of units with extinguished controls
and the expenditure of revenues and implementation of the plan certified
by COAH. All monitoring reports shall be completed on forms designed
by COAH.
(12)
Ongoing collection of fees. The ability of the
City of Clifton to impose, collect and expend development fees shall
expire with its substantive certification on April 5, 2006, unless
the City of Clifton has filed an adopted Housing Element and Fair
Share Plan with COAH, has petitioned for substantive certification
and has received COAH's approval of its Development Fee Ordinance.
If the City of Clifton fails to renew its ability to impose and collect
development fees prior to April 5, 2006, it may resume the imposition
and collection of development fees only by complying with the requirements
of N.J.A.C. 5:94-6. The City of Clifton shall not impose a development
fee on a development that receives preliminary or final approval after
the expiration of its substantive certification on April 5, 2006,
nor will the City of Clifton retroactively impose a development fee
on such a development. The City of Clifton will not expend development
fees after the expiration of its substantive certification on April
5, 2006.
P.
Power of attorney.
(1)
Grant of power. Each owner of an affordable
unit, by the initial purchase of an affordable unit and in consideration
of the intent and purpose of this Affordable Housing Ordinance, shall
grant to the Affordable Housing Agency an irrevocable power of attorney
which shall name, appoint, constitute and affirm the Affordable Housing
Agency as the attorney-in-fact for such owner for the purpose of executing
a deed and other instruments required to purchase or resell the affordable
unit, which right of purchase shall include, but not be limited to,
the right to purchase an affordable unit where the owner is in default
of the terms, covenants or conditions of any mortgage or obligation
which it secures upon the affordable unit.
(2)
Execution of form. The owner of an affordable
unit shall execute a power of attorney form in favor of the Affordable
Housing Agency as part of the documentation necessary to complete
a resale of an affordable unit.
(a)
Said power of attorney shall be coupled with
an interest in the subject matter thereof and shall run with an interest
in the affordable unit and be binding upon the heirs, executors, personal
representatives, administrators, successors and assigns of the owner
of the affordable unit.
(b)
Said power of attorney is intended to deliver
all the rights, title and interest of the owner of the affordable
unit in and to said power; provided, however, that such power of attorney
may only be exercised in accordance with the terms and intent of this
Affordable Housing Ordinance and the rules and regulations of the
Affordable Housing Agency, if any, provided that such rules and regulations
also are consistent with the terms and intent of this section.
Q.
Penalties. Any person who violates this Affordable
Housing Ordinance or fails to comply with any of its requirements
shall be penalized no more than $1,000 and shall make restitution
of any or all funds paid by the City of Clifton under the provisions
of this section. Nothing herein contained shall prevent the City of
Clifton from taking such other lawful action as necessary to prevent
or remedy any violation.
R.
Service upon Affordable Housing Agency. Wherever,
within this Affordable Housing Ordinance or within an affordable housing
document, the City of Clifton or the Affordable Housing Agency is
authorized to receive letters, contracts or other documents, the City
Clerk of the City of Clifton shall be the person to whom same are
delivered.
S.
Right to waive. The Affordable Housing Agency shall
have the right to waive any of the restrictions or provisions of this
Affordable Housing Ordinance in order to provide and preserve the
affordable units governed by this section. Any such waiver of any
restriction or provision of this section or the rules and regulations
of the Affordable Housing Agency shall not operate as a waiver of
any other restriction or provision of this section or the rules or
regulations of the Affordable Housing Agency. Moreover, failure by
the Affordable Housing Agency to enforce any restriction or provision
of this section or its rules and regulations shall not operate as
a waiver of such restriction, provision, rule or regulation of the
Affordable Housing Agency, except as expressly acknowledged in writing
by the Affordable Housing Agency.
T.
Severability. If any portion of this Affordable Housing
Ordinance shall be held to be invalid, the holding shall not affect
the validity of the remaining portions of this section. Moreover,
it is not the City of Clifton's intent herein that there be a violation
of the rule against perpetuities, or any related rule. If any such
violation should occur, this section shall be construed and, if necessary,
may be reformed by the Superior Court of New Jersey in such a way
as to approximate most closely the intent of the City within the time
limits permissible under such rule or related rule.
[2]
Editor's Note: This ordinance, as amended 10-4-1988 by Ord. No. 5298-88, also provided as follows: "Any ordinance or parts of ordinances inconsistent herewith are repealed as to such inconsistencies, only except, however, for Ordinance No. 5220-88, passed February 16, 1988, which is hereby excluded from the provisions of this ordinance." See § 461-13M, Planned Commercial and Residential District.
[Added 7-2-1996 by Ord. No. 5814-96]
A.
Purpose and scope. The purpose of the Main Avenue
Overlay Zone is to establish consistent standards for the development
of properties fronting on Main Avenue, between Crooks Avenue and those
lots most proximate to Highland Avenue, and on Clifton Avenue between
Main Avenue and Getty Avenue, to promote the improvement of business
and soundness of community character necessary to maintain property
values and neighborhood integrity.
[Amended 3-17-1998 by Ord. No. 5952-98]
B.
Applicability.
(1)
The Main Avenue Overlay Zone regulations shall
apply to all proposed improvements in the district requiring a building
permit.
(2)
Review of applications will be jointly by a
review committee consisting of no more than three persons. The committee
shall include the Zoning Officer, a design review professional and
one other, all to be appointed by the City Manager. The City may require
the applicant to pay the design review professional costs. Fees for
review costs shall be estimated on a project-by-project basis and
shall be charged to the applicant at the time of filing a building
permit or development application, as appropriate.
C.
Permitted uses. All uses and zoning requirements permitted
in the B-C Zone District, as well as all uses permitted and zoning
requirements presently in effect in the underlying zone, will be permitted
in the Main Avenue Overlay Zone, except as indicated in this section.
[Amended 11-6-2002 by Ord. No. 6309-02]
D.
Building design guidelines.
(1)
Facades.
(a)
All applications for construction of new facades
or changes to existing facades will include a facade design plan indicating
overall facade design and notes describing the facade design intent.
The facade design plan may be modified when an application for development
is made to the City and approved.
(b)
All buildings for which development applications
are made, whether for the whole building or a portion of the building,
will treat the entire facade as related to the change proposed. To
further this objective, all development applications will include
an elevation showing the entire building facade, and each applicant
will be required to demonstrate the relationship of the proposed change
to the building facade plan.
(c)
Facades fronting on Main Avenue shall have a
minimum of 50% of first floor building wall comprised of glass. Glass
facades will display products or services characteristic of the business.
(2)
Building styles will not be restricted in the
zone. However, all applicants will be required to indicate adjacent
styles. The applicant may be required to modify or change the building
style to maintain design consistency in the zone. Design consistency
will be considered to include elements of both similarity and contrast,
as required in individual applications, and as successfully demonstrated
as necessary by the applicant. Generally, applicants will be encouraged
to preserve historically significant styles and features, though updating
colors and trim details will be considered on a case-by-case basis.
(3)
Building outline, shadow lines, materials, trim
and other design features will be developed to a level of detail adequate
to support the style proposed. Generally, flat roof parapets will
be required to be articulated with silhouette or trim details.
(4)
Building materials will reflect a historically
sensitive context, especially the traditional brick, stucco and clapboard
materials of many older buildings.
(5)
Awnings shall be allowed in the district but
must be consistent within individual buildings in shape, height and
other dimensions. However, notwithstanding consistency concerns, color
and dimensions of awnings may be varied from one storefront to another
if the applicant demonstrates a design consistent with the facade
design plan. Awnings must also be complementary to the facade design
plans of adjacent buildings.
E.
Signs.
(1)
All sign applications shall show the facade
design plan and the relationship of the proposed sign to the facade
design plan.
(2)
All signs shall be mounted on the facade or,
if a ground sign, will be restricted to a maximum height of eight
feet and a minimum clearance of four feet off the ground.
(3)
All facade signs shall be restricted to the
established wall-mounted sign band as approved with the facade design
plan.
(4)
Allowable sign area shall be no more than 5%
of the building front-yard facade area.
(5)
Signs shall be no greater than two feet in height.
(6)
No lighted box signs are permitted. All lighted
signs must use fishhook-type lights, high-hat directed lights (downward),
backlit lighting for individual letters or similar types of sign lighting.
[Added 1-5-1999 by Ord. No. 6024-99]
F.
Setbacks and parking.
(1)
Front yard setbacks shall be minimized to bring
the front facade as close to the street as possible.
(2)
Parking shall be limited to rear and side yards
and shall be adequately signed and accessed.
(3)
Front yards shall be suitably landscaped with
plant beds, planters or other means suitable to the individual property.
All parking areas shall be screened from the front yard or street
with evergreen hedges not to exceed three feet in height and street
trees at a minimum size of 2 1/2 inches in caliper with a corresponding
height of 14 feet to 16 feet.
(4)
All front yard fencing shall be of aesthetically
pleasing material and design such as, but not limited to, black steel
picket, bollard and chain or post and rail.
(5)
Special front yard features such as public sitting
places, water fountains or other public amenities will be considered
on a case-by-case basis through the site plan review process, with
floor area ratio (FAR) bonuses at the discretion of the Planning Board,
not to exceed 10% of what would otherwise be allowable.
G.
Uses.
[Amended 11-17-1997 by Ord. No. 5933-97]
(1)
Uses shall be allowed as in the underlying zones
with the following exceptions:
(a)
No auto-related use shall be located within
1,000 feet of another auto-related use, including but not limited
to automobile body shops, gasoline service stations or automobile
accessory stores.
(b)
No fast-food use shall be located within 500
feet of another fast-food use.
(c)
Restaurants, excluding fast-food restaurant
uses, shall be permitted as principal uses subject to the following:
[1]
All lots utilized for restaurants must front
onto Main Avenue.
[2]
The hours of operation are limited to 11:00
p.m. from Sunday to Thursday and 12:00 midnight Friday and Saturday.
[4]
All other requirements, including off-street
parking, signage, screening and related items, as applicable, must
be complied with.
[Added 10-7-1997 by Ord. No. 5917-97]
A.
Purpose.
(1)
The purpose of this section is to establish
general guidelines for the siting of wireless communications towers
and antennas. The goals of this section are to:
(2)
Within those goals the objectives of this section
are to:
(a)
Protect residential areas and land uses from
potential adverse impacts of towers and antennas.
(b)
Encourage the location of towers in nonresidential
areas.
(c)
Minimize the total number of towers throughout
the community.
(d)
Strongly encourage the joint use of new and
existing tower sites as a primary option rather than construction
of additional single-use towers.
(e)
Encourage users of towers and antennas to locate
them, to the extent possible, in areas where the adverse impact on
the community is minimal.
(f)
Encourage users of towers and antennas to configure
them in a way that minimizes the adverse visual impact of the towers
and antennas through careful design, siting, landscape screening and
innovative camouflaging techniques.
(g)
Enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively
and efficiently.
(h)
Consider the public health and safety of communication
towers.
(i)
Avoid potential damage to adjacent properties
from tower failure through engineering and careful siting of tower
structures.
(3)
In furtherance of these goals and objectives,
the City of Clifton shall give due consideration to the City of Clifton's
Master Plan, Zoning Map, existing land uses, and environmentally sensitive
areas in approving sites for the location of towers and antennas.
B.
ALTERNATIVE TOWER STRUCTURE
ANTENNA
COLOCATION
BACKHAUL NETWORK
FAA
FCC
HEIGHT
PREEXISTING TOWERS and PREEXISTING ANTENNAS
TOWER
Definitions. As used in this section, the following
terms shall have the meanings set forth below:
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
Placing more than one exterior transmitting or receiving
device on one physical structure at one location.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices and/or long distance
providers or the public switched telephone network.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance
measured from the lowest finished grade of the parcel to the highest
point on the tower or other structure, including the base pad and
any antenna.
Any tower or antenna for which a building permit or conditional
use permit has been properly issued prior to the effective date of
this section, including permitted towers or antennas that have not
yet been constructed so long as such approval is current and not expired.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers or monopole towers. The term includes
radio and television transmission towers, microwave towers, common
carrier towers, cellular telephone towers, alternative tower structures
and the like. The term includes the structure and any support thereto.
C.
Applicability.
(2)
Amateur radio station operators/receive only
antennas. This section shall not govern the installation of any antenna
owned and operated by an amateur radio operator and used exclusively
for receive only antennas and for private noncommercial purposes,
which shall be regulated elsewhere in the Code of the City of Clifton.
(3)
Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of Subsections D(6)) and (7); absent any enlargement or structural modification of the addition of any structures.
(4)
AM array. For purposes of implementing this
section, an AM array, consisting of one or more tower units and supporting
ground system which functions as one AM broadcasting antenna, shall
be considered one tower. Measurements for setbacks and separation
distances shall be measured from the outer perimeter of the towers
included in the AM array. Additional tower units may be added within
the perimeter of the AM array by right.
D.
General requirements.
(1)
Principal or accessory use. Antennas and towers
may be considered either principal or accessory uses. A different
existing use of an existing structure on the same lot shall not preclude
the installation of an antenna or tower on such lot. Notwithstanding
the foregoing, any proposed accessory use on a property shall require
a site plan application before the Planning Board.
(2)
Lot size. For purposes of determining whether
the installation of a tower or antenna complies with zone development
regulations, including but not limited to setback requirements, lot
coverage requirements and other such requirements, the dimensions
of the entire lot shall control, even though the antennas or towers
may be located on leased parcels within such lot.
(3)
Map of existing sites. Each applicant for an
antenna and/or tower shall provide to the Zoning Officer a map of
its existing towers, antennas or sites approved for towers or antennas
that are either within the jurisdiction of the City of Clifton or
within one mile of the border thereof, including specific information
about the location, height and design of each tower. The map submitted
shall be in an ARCVIEW or other GIS compatible digital format as well
as such number of paper copies as is otherwise required for submission
of applications. The Zoning Officer may share such information with
other applicants applying for administrative approvals or conditional
use permits under this section or other organizations seeking to locate
antennas within the jurisdiction of the City of Clifton; provided,
however that the Zoning Officer is not, by sharing such information,
in any way representing or warranting that such sites are available
or suitable.
[Amended 5-17-2005 by Ord. No. 6485-05]
(4)
Aesthetics. Towers and antennas shall meet the
following requirements:
(a)
Applicants must provide camouflaging as defined
by the term "alternative tower structure" or provide documentation
as to why camouflage is not feasible.
(b)
The tower shall either maintain a galvanized
steel finish or meet the applicable standards of the FAA. If the tower
is not to be camouflaged by an alternative tower structure, the tower
is to be painted a neutral color so as to reduce visual obtrusiveness.
(c)
Whether a tower is camouflaged or not at a tower
site, the design of the buildings and related structures shall, to
the extent possible, use materials, colors, textures, screening and
landscaping that will blend them into the natural setting and surrounding
buildings.
(d)
If an antenna is installed on a structure other
than a tower, the antenna and supporting electrical and mechanical
equipment must be a neutral color that is identical to or closely
compatible with the color of the supporting structure so as to make
the antenna and related equipment as visually unobtrusive as possible.
(5)
Lighting. Towers shall not be artificially lighted,
unless required by the FAA or other applicable authority. If lighting
is required, the lighting alternatives and design chosen must cause
the least disturbance to the surrounding views.
(6)
State or federal requirements. All towers must
meet or exceed current standards and regulations of the FAA, the FCC
and any other agency of the state or federal government with the authority
to regulate towers and antennas. If such standards and regulations
are changed, then the owners of the towers and antennas governed by
this section shall bring such towers and antennas into compliance
with such revised standards and regulations within six months of the
effective date of such standards and regulations, unless a different
compliance schedule is mandated by the controlling state or federal
agency. Failure to bring towers and antennas into compliance with
such revised standards and regulations shall constitute grounds for
the removal of the tower or antenna at the owner's expense.
(7)
Building codes; safety standards. To ensure
the structural integrity of towers, the owner of a tower shall ensure
that it is maintained in compliance with standards contained in applicable
state or local building codes and the applicable standards for towers
that are published by the Electronic Industries Association, as amended
from time to time. If, upon inspection, the City of Clifton concludes
that a tower fails to comply with such codes and standards and constitutes
a danger to persons or property, then upon notice being provided to
the owner of the tower, the owner shall have 30 days to bring such
tower into compliance with such standards. Failure to bring such tower
into compliance within said 30 days shall constitute grounds for the
removal of the tower or antenna at the owner's expense.
(8)
Measurement. For purposes of measurement, tower
setbacks and separation distances shall be calculated and applied
to facilities located in the City of Clifton irrespective of municipal
and county jurisdictional boundaries.
(9)
Not essential services. Towers and antennas
shall be regulated and permitted pursuant to this section and shall
not be regulated or permitted as essential services, public utilities
or private utilities.
(10)
Franchises. Owners and/or operators of towers
or antennas shall certify that all franchises required by law for
the construction and/or operation of a wireless communication system
in the City of Clifton have been obtained and shall file a copy of
all required franchises with the Zoning Officer.
(11)
Public notice. For purposes of this section,
any conditional use request, variance request or appeal of an administratively
approved use or conditional use shall require public notice to all
abutting property owners and all property owners of properties that
are located within the corresponding separation distance listed in
Subsection G(2)(e)[2][b], Table 2, in addition to any notice otherwise
required by this chapter.
(12)
Signs. No signs shall be allowed on an antenna
or tower.
(13)
Buildings and support equipment. Buildings and
support equipment associated with antennas or towers shall comply
with the requirements of any and all applicable federal, state and
municipal building codes.
(14)
Multiple antenna/tower plan. The City of Clifton
encourages the users of the towers and antennas to submit application
for approval of multiple towers and/or antenna sites. No application
for a single-use tower shall be approved without substantial proof
that no collocation was possible and that building for future collocation
is not feasible.
E.
Permitted uses.
(1)
General. The uses listed in this subsection
are deemed to be permitted uses and shall not require administrative
approval or a conditional use permit.
(2)
Permitted uses. The following uses are specifically
permitted:
(a)
Antennas or towers located on property owned,
leased or otherwise controlled by the City of Clifton, provided that
a license or lease authorizing such antenna or tower has been approved
by the City of Clifton. However, the City may, as a condition of such
lease, require site plan approval. The decision to extend such leases
to an applicant shall be vested solely with the municipality and shall
not be governed by this section.
(b)
Antennas or towers located in the M-1 and M-2 Zones so long as the requirements in Subsections D, G(2)(e)[1], G(2)(g) and I are met.
[Amended 7-6-1999 by Ord. No. 6063-99]
F.
Administratively approved uses.
(1)
General. The following provisions shall govern
the issuance of administrative approvals for towers and antennas.
(a)
The Zoning Officer may administratively approve
the uses listed in this subsection.
(b)
Each applicant for administrative approval shall
apply to the Zoning Officer providing the information set forth in
this section and a nonrefundable fee as established by resolution
of the governing body of the municipality to reimburse the City of
Clifton for the costs of reviewing the application.
(c)
The Zoning Officer shall review the application for administrative approval and determine if the proposed use complies with Subsections D, G(2)(d)[2] and G(2)(e)[2] of this section.
(d)
The Zoning Officer shall respond to each such
application within 60 days after receiving it by either approving
or denying the application. If the Zoning Officer fails to respond
to the applicant within said 60 days, then the application shall be
deemed to be approved.
(e)
In connection with any such administrative approval, the Zoning Officer may, in order to encourage shared use, administratively waive any zoning district setback requirements in Subsection G(2)(d) or separation distances between towers in Subsection G(2)(e) by up to 50%, but only for applications colocating on an already approved site.
(f)
In connection with any such administrative approval,
the Zoning Officer may, in order to encourage the use of monopoles,
administratively allow the reconstruction of an existing tower to
monopole construction.
(2)
List of administratively approved uses. The
following uses may be approved by the Zoning Officer after conducting
an administrative review:
(a)
Locating antennas on existing structures or towers consistent with the terms of Subsections F(2)(a)[1] and [2] below.
[1]
Antennas on existing structures. Any antenna
which is not attached to a tower may be approved by the Zoning Officer
as an accessory use to any commercial, industrial, professional or
institutional structure, provided that:
[2]
Antennas on existing towers. An antenna which
is attached to an existing tower may be approved by the Zoning Officer
and, to minimize adverse visual impacts associated with the proliferation
and clustering of towers, colocation of antennas by more than one
carrier on existing towers shall take precedence over the construction
of new towers, provided that such colocation is accomplished in a
manner consistent with the following:
[a]
A tower is modified or reconstructed
to accommodate the colocation of an additional antenna shall be of
the same tower type as the existing tower, unless the Zoning Officer
allows reconstruction as a monopole.
[b]
G.
Conditional use permits.
(1)
General. The following provisions shall govern
the issuance of conditional use permits for towers or antennas by
the Planning Board:
(a)
If the tower or antenna is not a permitted use under Subsection E of this section or permitted to be approved administratively pursuant to Subsection F of this section, then a conditional use permit shall be required for the construction of a tower or the placement of an antenna in all nonresidential zoning districts.
(b)
Applications for conditional use permits under this subsection shall be subject to the procedures and requirements of Article VI of this chapter, except as modified in this subsection.
(c)
In granting a conditional use permit, the Planning
Board may impose conditions to the extent that the Planning Board
concludes such conditions are necessary to minimize any adverse effect
of the proposed tower on adjoining properties.
(d)
Any information of an engineering nature that
the applicant submits, whether civil, mechanical or electrical, shall
be certified by a licensed professional engineer.
(e)
An applicant for a conditional use permit shall
submit the information described in this subsection and a nonrefundable
fee as established by the City Engineer and Attorney to reimburse
the City of Clifton for the costs of reviewing the application.
(2)
Towers.
(a)
Information required. In addition to any information required for applications for conditional use permits pursuant to Article VI of this chapter, applicants for a conditional use permit for a tower shall submit the following information:
[1]
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Subsection G(2)(e), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the Zoning Officer to be necessary to assess compliance with this section.
[2]
Legal description of the parent tract and leased
parcel (if applicable).
[3]
The setback distance between the proposed tower
and the nearest residential unit, platted residentially zoned properties,
and unplatted residentially zoned properties.
[4]
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection D(3) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s), if known, as well as the owner/operator of the existing tower(s), as applicable.
[5]
A landscape plan showing specific landscape
materials.
[6]
Method of fencing and finished color and, if
applicable, the method of camouflage and illumination.
[8]
A notarized statement by the applicant as to
whether construction of the tower will accommodate colocation of additional
antennas for future users and if not why it will not.
[9]
Identification of the entities providing the
backhaul network for the tower(s) described in the application and
other cellular sites owned or operated by the applicant in the municipality.
[10]
A description of the suitability
of the use of existing towers, other structures or alternative technology
not requiring the use of towers or structures to provide the services
to be provided through the use of the proposed new tower.
[11]
A description of the feasible
locations of future towers or antennas within the City of Clifton
based upon existing physical, engineering, technological or geographical
limitations in the event the proposed tower is erected.
(b)
Factors considered in granting conditional use permits for towers. In addition to any standards for consideration of conditional use permit applications pursuant to Article VI of this chapter, the Planning Board shall consider the following factors in determining whether to issue a conditional use permit, although the Planning Board may waive or reduce the burden on the applicant of one or more of these criteria if the Planning Board concludes that the goals of this section are better served thereby:
[1]
Height of the proposed tower.
[2]
Proximity of the tower to residential structures
and residential district boundaries.
[3]
Nature of uses on adjacent and nearby properties.
[4]
Surrounding topography.
[5]
Surrounding tree coverage and foliage.
[6]
Design of the tower, with particular reference
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness.
[7]
Proposed ingress and egress.
(c)
Availability of suitable existing towers, other
structures or alternative technology. No new tower shall be permitted
unless the applicant demonstrates to the reasonable satisfaction of
the Planning Board that no existing tower, structure or alternative
technology that does not require the use of towers or structures can
accommodate the applicant's proposed antenna. An applicant shall submit
information requested by the Planning Board related to the availability
of suitable existing towers, other structures or alternative technology.
Evidence submitted to demonstrate that no existing tower, structure
or alternative technology can accommodate the applicant's proposed
antenna may consist of any of the following (although nothing should
be construed to infer that meeting one, some or all of the following
shall entitle the applicant to approval):
[1]
No existing towers or structures are located
within the geographic area which meet applicant's engineering requirements.
[2]
Existing towers or structures are not of sufficient
height to meet applicant's engineering requirements.
[3]
Existing towers or structures do not have sufficient
structural strength to support applicant's proposed antenna and related
equipment.
[4]
The applicant's proposed antenna would cause
electromagnetic interference with the antenna on the existing towers
or structures, or the antenna on the existing towers or structures
would cause interference with the applicant's proposed antenna.
[5]
The fees, costs or contractual provisions required
by the owner in order to share an existing tower or structure or to
adapt an existing tower or structure for sharing are unreasonable.
Costs exceeding new tower development by 25% are presumed to be unreasonable.
[6]
The applicant demonstrates that there are other
limiting factors that render existing towers and structures unsuitable.
[7]
The applicant demonstrates that an alternative
technology that does not require the use of towers or structures,
such as a cable microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
(d)
Setbacks. The following setback requirements
shall apply to all towers for which a conditional permit is required;
provided, however, that the Planning Board may reduce the standard
setback requirements if the goals of this section would be better
served thereby:
[1]
Towers must be set back a distance equal to
at least 75% of the height of the tower from any adjoining lot line.
[2]
Guy wires and accessory buildings must satisfy
the minimum zoning district setback requirements.
[3]
No tower shall exist within required buffer
areas, if adjacent to residential zones and as prescribed under local
ordinance.
(e)
Separation. The following separation requirements
shall apply to all towers and antennas for which a conditional use
permit is required; provided, however, that the Planning Board may
reduce the standard separation requirements if the goals of this section
would be better served thereby.
[1]
Separation from off-site uses/designated areas.
[a]
Tower separation shall be measured
from the base of the tower to the lot line of the off-site uses and/or
designated areas as specified in Table 1, except as otherwise provided
in Table 1.
[b]
Separation requirements for towers
shall comply with the minimum standards established in Table 1.
Table 1
| |
---|---|
Off-Site Use/Designated Area
|
Separation Distance
|
Residential, public parks, schools or house
of worship1
|
500 feet or 300% height of tower, whichever
is greater
|
Vacant single-family residentially zoned land
which is either platted or has preliminary subdivision plan approval
which is not expired
|
500 feet or 300% height of tower, whichever
is greater
|
Vacant unplatted residentially zoned lands2
|
500 feet or 200% height of tower whichever is
greater
|
Nonresidentially zoned lands or nonresidential
uses
|
None; only setbacks apply
|
NOTES:
1 Including nursing
homes and other similar uses wherein people are housed or receive
care at least 8 hours per day.
| |
---|---|
2 Includes any unplatted
residential use properties without a valid preliminary subdivision
plan or valid plan approval and any multifamily residentially zoned
land greater than duplex.
|
[2]
Separation distances between towers shall be
applicable for and measured between the proposed tower and preexisting
towers. The separation distances shall be measured by drawing or following
a straight line between the base of the existing tower and the proposed
base, pursuant to a site plan, of the proposed tower. The separation
distances (listed in linear feet) shall be as shown in Table 2.
Types of Proposed Towers
| ||||
---|---|---|---|---|
Types of Existing Towers
|
Lattice
|
Guyed
|
Monopole 50 feet in height
|
Monopole less than 30 feet in height
|
Lattice
|
5,000
|
5,000
|
1,500
|
1,000
|
Guyed
|
5,000
|
5,000
|
1,500
|
1,000
|
Monopole 50 feet in height
|
1,500
|
1,500
|
1,500
|
1,000
|
Monopole less than 30 feet
|
1,000
|
1,000
|
1,000
|
1,000
|
(f)
Security fencing. Towers shall be enclosed by
security fencing not less than six feet in height and shall also be
equipped with an appropriate anti-climbing device.
(g)
Landscaping. The following requirements shall
govern the landscaping surrounding towers for which a conditional
use permit is required:
[1]
Tower facilities shall be landscaped with a
buffer of plant materials that effectively screens the view of the
tower compound from property used for residences or planned residences.
The standard buffer shall consist of a landscaped strip at least four
feet wide outside the perimeter of the compound.
[2]
In locations where the visual impact of the
tower would be minimal, the landscaping requirement may be reduced.
[3]
Existing mature tree growth and natural land
forms on the site shall be preserved to the maximum extent possible.
In some cases, such as towers sited on large, wooded lots, natural
growth around the property perimeter may be sufficient buffer.
H.
Prohibition in residential zones. No tower or alternative
tower shall be constructed in any residential zone.
I.
Buildings or other equipment storage.
(1)
Antennas mounted on structures or rooftops.
The equipment cabinet or structure used in association with antennas
shall comply with the following:
(a)
The cabinet or structure shall not contain more
than 100 square feet of gross floor area or be more than 10 feet in
height. In addition, for buildings and structures which are less than
40 feet in height, the related unmanned equipment structure shall
be located on the ground and shall not be located on the roof of the
structure.
(b)
If the equipment structure is located on the
roof of a building, the area of the equipment structure and other
equipment and structures shall not occupy more than 10% of the roof
area.
(c)
Equipment storage buildings or cabinets shall
comply with all applicable building codes.
(2)
Antennas mounted on utility poles, light poles
or towers. The equipment cabinet or structure used in association
with antennas shall be located in accordance with the following:
(a)
In a front or side yard, provided that the cabinet
or structure is not greater than six feet in height or 100 square
feet of gross floor area and the cabinet/structure is located a minimum
of 75 feet from all lot lines. The cabinet/structure shall be screened
by an evergreen hedge with an ultimate height of at least 42 inches
to 48 inches and a planted height of at least 36 inches.
(b)
In a rear yard, provided that the cabinet or
structure is no greater than eight feet in height or 120 square feet
in gross floor area. The cabinet/structure shall be screened by an
evergreen hedge with an ultimate height of eight feet and a planted
height of at least 48 inches.
(c)
In all other instances, structures or cabinets
shall be screened from view of all residential properties which abut
or are directly across the street from the structure or cabinet by
a solid fence six feet in height or an evergreen hedge with an ultimate
height of eight feet and a planted height of at least 72 inches.
(d)
Emergency generators shall be located below
grade and suitably soundproofed so that noise volumes measured at
all property lines do not exceed ambient levels. A nighttime restriction
of 50 decibels measured at all lot lines shall be imposed.
J.
Removal of abandoned antennas and towers. Any antenna
or tower that is not operated for a continuous period of six months
shall be considered abandoned, and the owner of such antenna or tower
shall remove the same within 90 days of receipt of notice from the
City of Clifton notifying the owner of such abandonment. Failure to
remove an abandoned antenna or tower within said 90 days shall be
grounds to remove the tower or antenna at the owner's expense, If
there are two or more users of a single tower, then this provision
shall not become effective until all users cease using the tower.
The City may condition the issuance of any permit to demolish or remove
a tower or antenna on the posting of an appropriate performance bond
or other suitable guaranty in a face amount of not less than 120%
of the cost (as determined by the City Engineer) of such removal,
grading and restoration to a state required under all applicable City
Ordinances, including but not limited to the City property maintenance
code.
K.
Existing towers; rebuilding damaged or destroyed nonconforming towers or antennas. Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet the separation requirements specified in Subsections G(2)(d) and (e). The type, height and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Subsection J.
L.
Repeaters for City emergency services. All wireless
communications towers and antennas must permit repeaters for use by
City of Clifton emergency services, including fire, police and emergency
medical services, without charge to the City of Clifton, unless it
is shown that a specific facility is not technically able to provide
proper and adequate service.
[Added 11-17-1997 by Ord. No. 5934-97]
A.
Purpose. The requirement for a school impact statement
for prospective residential developments in Clifton recognizes the
need for adequate capital facilities planning in a community with
limited vacant land for new facilities. It is the intent of the school
impact statement requirement to establish specific guidelines for
evaluating the impacts of future residential development on the public
school system.
B.
Applicability. The school impact statement requirement
shall apply to all prospective residential developments, except for
minor subdivisions, and any new residence containing two or fewer
dwellings.
C.
Procedural requirements. For any development application involving an applicable residential development as indicated in Subsection B hereof, the following information shall be submitted in addition to other submission requirements of this chapter and subdivision regulations:
(1)
The total number of dwelling units proposed.
(2)
A breakdown of the total dwelling units by the
housing type (single-family, two-family, multifamily, townhouse, apartment).
(3)
A breakdown of the number of bedrooms proposed
for each housing type.
(4)
The square footage for each dwelling shall be
indicated by housing type and number of bedrooms.
(5)
A typical floor plan for each housing type shall
be provided indicating the layout of all rooms, closets, windows,
doors and utility areas.
(6)
All exterior sidewalks, walkways and paths on
and leading to the subject property as existing and proposed should
be indicated. The distance to the nearest elementary school, middle
school and high school in Clifton should be indicated as well.
(7)
A construction schedule should be provided in
the case of 10 or more proposed dwellings to indicate any phasing,
as appropriate.
D.
Determination of impact. In projecting the impact
of a prospective residential development on the Clifton Public School
System, the demographic multipliers used in the New Practitioner's
Guide to Fiscal Impact Analysis by Robert W. Burchell, David Litokin
and William R. Dolphin, 1985 or later, edition, or any other appropriate
guideline or study is acceptable, subject to approval from the appropriate
board in the City of Clifton having jurisdiction to review the development
application.
[Added 11-15-2003 by Ord. No. 6377-03]
A.
Purpose and scope. The purpose of the Passaic Avenue
Overlay Zone is to establish consistent standards for the development
of corporate suites in a transitional area between commercial and
residential development along Passaic Avenue that will promote the
improvement of business and soundness of community character necessary
to maintain property values and neighborhood integrity.
B.
C.
Permitted uses. All uses permitted and zoning requirements
presently in effect in the underlying B-A Zone District will be permitted
in the Passaic Avenue Overlay Zone.
(1)
The Passaic Avenue Overlay Zone shall also permit
corporate suites.
(2)
Corporate suites may also contain necessary
structures and facilities, including without limitation: café,
maintenance facilities, commercial laundry, parking lots and garages,
mail facilities, swimming pool and a business center, which may contain
a computer center, video conferencing facilities, telecommunication
facilities, copy/production facilities, theater with permanent seating
for not more than 35 people, multimedia presentation facilities, meeting
rooms and conference facilities, fitness center, not more than 1,000
square feet of retail space and other business support areas, all
of which are facilities intended for the exclusive use of staff, occupants
and their guests.
D.
Bulk requirements for corporate suites.
(1)
Minimum lot area: four acres.
(2)
Minimum lot width: 300 feet.
(3)
Minimum lot depth: 600 feet.
(4)
Minimum front yard: 44 feet.
(5)
Minimum rear yard: 37 feet.
(6)
Minimum side yard: 35 feet.
(7)
Maximum building height: five stories/60 feet.
(8)
Maximum lot coverage: 60%.
(9)
Maximum number of suites/occupancy units: 258.
E.
Off-street parking and loading requirements for corporate
suites.
(1)
The minimum number of off-street parking spaces
shall be 1.35 spaces for each suite/occupancy unit.
(2)
All parking stalls shall measure a minimum of
nine feet by 18 feet.
(3)
No permanent parking or loading spaces may be
located in any required front yard setback, except temporary parking
for guests and visitors may be located in the front yard, not to exceed
10 parking spaces.
(4)
No loading spaces may be located in any required
front yard setback.
(5)
All loading spaces shall be effectively screened
to provide a year-round visual barrier.
F.
Buffer requirements for corporate suites.
H.
Signage for corporate suites. All signage must comply with the sign provisions in the B-C Zone in Article IX (Signs).
I.
Access control gating must be provided to all corporate
suites development.
J.
Site plan required. All applications for corporate
suites in the Passaic Avenue Overlay require site plan approval. The
site plan submission shall include, but not be limited to, the following:
[Added 11-1-2005 by Ord. No. 6526-05]
Any commercial establishment desiring to hold
a tent sale shall first obtain a permit from the City Clerk. Any such
sale shall comply with the following restrictions and regulations:
A.
The number of tent sales permitted at any one commercial
establishment during any calendar year shall be limited to two, except
in the Main Avenue Special Improvement District for which tent sales
shall be limited to four per calendar year.
[Amended 8-21-2012 by Ord. No. 7045-12]
B.
No tent sales shall be permitted during the months
of November, December or January.
C.
The duration of any tent sale shall be limited to
15 days, except in the Main Avenue Special Improvement District, in
which tent sales shall be limited to a duration of four days per sale.
All tents are to be dismantled and removed within 48 hours following
the end of any such sale.
[Amended 8-21-2012 by Ord. No. 7045-12]
D.
Prior to the issuance of the permit, a plan shall
be submitted by the applicant showing the existing parking configuration
and the area to be utilized for the tent sale. No more than 10% of
the total number of parking spaces on the property or 2,000 square
feet, whichever is less, may be utilized for the sale. Such plan shall
also indicate how both traffic and pedestrian circulation will be
accommodated during the time that the existing parking lot circulation
is altered due to the tent sale. Such plan shall be subject to the
approval of the Fire Chief and the Police Chief or their designees.
E.
Prior to the issuance of the permit, the applicant
shall make arrangements with the City of Clifton Police Department
for the hiring of off-duty police officers to direct traffic and shall
deposit the required funds as follows:
F.
The applicant shall comply with all applicable fire
code regulations. Prior to the issuance of the permit, the applicant
shall provide a plan to the Fire Chief or his designee detailing how
it shall comply with the fire code regulations.
G.
Any temporary signage shall be limited to directional
signs and one advertising/ business sign on or near the tent and limited
to 30 square feet.
H.
Fencing or a similar type of barrier shall be provided
around the tent.
I.
No merchandise shall be stored or displayed outside
the tent.
[Added 7-6-2010 by Ord. No. 6893-10]
A.
General provisions.
(1)
The environmental impact generated by a land development project
necessitates a comprehensive analysis of the variety of problems that
may result and the actions that can be taken to minimize those problems.
This constitutes an environmental impact statement. In evaluating
the environmental impact, the Planning Board and/or Zoning Board of
Adjustment shall not approve any submission until it determines and
finds that the proposed development:
(a)
Will not result in appreciable harmful effects to the environment.
(b)
Has been designed and conceived with a view toward the protection
of the regional resources.
(c)
Will not place a disproportionate or excessive demand upon the
total resources available for such proposal and for any future proposals.
(2)
In order to accomplish those goals, the Planning Board and/or Zoning Board of Adjustment shall condition any approval upon the implementation of those performance controls deemed necessary to assure the protection of the environment. Any approval shall also be conditioned upon the receipt of licenses, permits or other approvals required by law. Those factors outlined in Subsection D(5), along with supplemental requirements adopted by the Planning Board and/or Zoning Board of Adjustment, shall be used to determine the environmental performance controls that are necessary.
B.
General requirements. The requirements for the environmental impact
statement are as follows:
(1)
All major subdivision applications and preliminary and final
major site plan applications, consisting of one acre or greater, shall
be accompanied by a written environmental impact statement. Site plan
applications for single-family and two-family detached dwellings on
existing lots of record are specifically exempt from the environmental
impact statement requirements. In addition, all minor subdivision
and minor site plans are exempt from the environmental impact statement
requirements.
(2)
The environmental impact statement shall be prepared by a licensed
professional engineer and/or planner.
(3)
Twenty copies of each environmental impact statement shall be
submitted with the appropriate development application to the Secretary
of the Planning Board and/or Zoning Board of Adjustment for distribution
to the members of the respective boards. One copy of the environmental
impact statement shall be forwarded to the Environmental Commission
for review and comment.[1] The Environmental Commission shall submit its comments
expeditiously to the Board. One copy of the environmental impact statement
shall be forwarded to the City Engineer for review and comment. The
remaining copies shall be retained by the Planning Board or Zoning
Board Secretaries and shall be made available for review and comment.
(4)
The environmental impact statement shall consist of written
and graphic materials which will clearly present the information required.
The scale of all maps supporting the site plan or subdivision plan
to be reviewed by the Planning Board or Zoning Board of Adjustment
and the Environmental Commission shall be one inch equals 50 feet,
unless the Board agrees to another scale. Contours, when required,
shall be provided at two-foot intervals for slopes of less than 10%
and at five-foot intervals for slopes 10% or greater. The maps and
figures presented within the text of the environmental impact statement
can be at a smaller scale (e.g., one inch equals 200 feet, one inch
equals 500 feet, one inch equals 1,000 feet) as appropriate to the
environmental resource being depicted.
C.
Environmentally sensitive areas. The environmental impact statement
shall address environmentally sensitive areas in the City of Clifton,
which shall include, but not be limited to, the following:
(1)
Streams, water bodies, stream corridors, floodplains and flood
retention areas.
(2)
Wetlands.
(3)
Slopes greater than 15%.
(4)
Erodible and poorly drained soils.
(5)
Aquifer and groundwater recharge areas.
(6)
Parks.
(7)
Farmland.
(8)
Habitats of rare and endangered species.
(9)
Unique natural features.
(10)
Contaminated sites.
(11)
Wellhead protection areas.
(12)
Sensitive geologic areas.
(13)
Quarries.
(14)
Forested areas.
D.
Format. When an environmental impact statement is required, the following
format shall be utilized and the information requested shall be provided.
(1)
Project description.
(a)
Indicate the purpose and scope of the proposed project. Enumerate
the benefits to the public which will result from the proposed project
and describe the suitability of the site for the intended use.
(b)
A description of the proposed project shall be presented to
indicate the extent to which the site must be altered, the kinds of
facilities to be constructed and the uses intended. The resident population,
working population and visitor population shall be estimated. The
compatibility of the proposed project shall be described in relation
to the following:
[1]
City of Clifton Natural Resource Inventory Report
(NRI).
[2]
City of Clifton Master Plan.
[3]
Master Plan of adjacent municipalities.
[4]
Passaic County Master Plan.
[5]
Regional and state planning guides, including the
New Jersey State Development and Redevelopment Plan, New Jersey Stormwater
Management Plan.
(2)
Site description and inventory. Provide a description of environmental
conditions on the site which shall include, but not be limited to,
the following items:
(a)
Climate. The statement shall describe the climate conditions
of the general areas of the proposed site, including data dealing
with temperature, precipitation, humidity and wind direction and velocity.
Specific weather conditions such as inversions and the frequency in
which they may be anticipated shall be considered, together with any
topographic features which influence weather.
(b)
Types of soils. Description of each soil type located in the
site. Relative to the type of project proposed, a complete mapping
of all soil types on the site shall be required indicating where the
moderate and severe limitations exist.
(c)
Topography. Description of the topographic conditions within
the site and extending 200 feet beyond the property lines. For a project
located in the Steep Slope District, and where the proposed area of
land disturbance encompasses slopes in excess of 15%, the following
slope ranges shall be mapped for the entire site: 15.01% to 25%; 25%
to 30%; and over 30%.
(d)
Geology. Description of the geologic formations and features
associated with the site as well as depth to bedrock conditions. Delineation
of those areas where bedrock is in close proximity to the surface,
within two feet of the surface as well as major bedrock outcroppings.
Areas which are particularly susceptible to landslides, subsidence
or other earth movement should be located on any area map and described.
(e)
Vegetation and wildlife habitat. Description of the existing
vegetation on the site. When required, sketch the location of major
vegetation grouping such as woodland, open field and wetland as well
as significant specimen trees. Describe existing wildlife species
and habitat present. Contact the New Jersey Natural Heritage Program
for an endangered and threatened species determination, and include
the response as part of the environmental impact statement.
(f)
Surface water. Description of existing watercourses and water
bodies that are partially, totally or immediately adjacent to the
site and their relationship to the area of land disturbance. Existing
surface runoff from the site shall be calculated using methods approved
by the New Jersey Department of Environmental Protection. When the
natural drainage pattern will be significantly altered, an analysis
shall be conducted which will investigate flow, depth, capacity, and
water quality of receiving waters. When required, floodplain areas
shall be mapped in consultation with the New Jersey Department of
Environmental Protection. Existing drainage structures shall be mapped,
and the capacity of the drainage network shall be determined. Provide
existing water quality characteristics of any on-site or adjacent
watercourses and water bodies, including New Jersey Surface Water
Quality Standards Classification. Where freshwater wetlands and open
waters are present within or directly adjacent to the site, obtain
a presence/absences or line verification letter of interpretation
from the NJDEP Land Use Regulation Program and reference status in
the EIS. There shall also be an indication of the two-, ten-, twenty-five-,
fifty- and one-hundred-year flood levels for the area, as well as
an identification of any Army Corps of Engineers or floodplain plan
of tidelands of the proposed project.
(g)
Subsurface water. Description of the subsurface water conditions
on the site, in terms of depth to groundwater and water quality characteristics
where on-site wells are present or sites requiring New Jersey Department
of Environmental Protection regulated groundwater remediation.
(h)
Unique, scenic and/or historic features. Description and a map
of those portions of the site that are listed to have unique, scenic
and/or historic qualities as listed on the City of Clifton's natural
resource inventory report.
(i)
Existing development features. Description of any existing features
on the site that are not considered to be part of the natural environment.
This may include, but not necessarily be limited to, roads, housing
units, accessory structures, and utility lines.
(j)
Air quality and noise quality. An analysis shall be conducted of existing air quality and noise levels as prescribed by the New Jersey Department of Environmental Protection or by the City of Clifton Code Chapter 327, entitled "Noise."
(k)
Identification of significant environmentally sensitive areas.
The statement shall identify and show on a map any of the following
which may be significantly impacted by the application, such as surface
waters; marshlands, wetlands and estuaries; floodplains or flood-retention
areas; groundwater recharge areas; steeply sloping lands; forests
and woodlands; prime agricultural lands; habitats of rare and endangered
species and sensitive geologic areas.
(3)
Area and regional description. Description of the surrounding
environs shall be provided as well as the existing land use pattern.
The existing infrastructure, with respect to the drainage and transportation
network, as well as any central sewerage and water supply facilities,
shall be described in detail. A regional analysis relative to the
proposed subject shall be included.
(4)
Impact. Discuss the negative and positive on-site and off-site impacts as they affect the items listed in Subsection D(2) and (3) above. Indicate those negative impacts that are unavoidable. Indicate those resources affected by the proposal which will be irretrievably lost and those resources which are renewable. The specific concerns that shall be considered are the following:
(a)
Soil erosion and sedimentation resulting from surface runoff.
(b)
Flooding and floodplain disruption, and wetlands and transition
area disturbances.
(c)
Degrading of surface water quality by point sources and/or nonpoint
sources (NPS), including stormwater runoff.
(d)
Groundwater pollution, underground injection or other potential
discharge to groundwater.
(e)
Sewage disposal.
(f)
Solid waste disposal.
(h)
Disruption of wildlife habitats.
(i)
Destruction of scenic and historic features.
(j)
Air quality degradation.
(k)
Contaminated site remediation.
(l)
Noise levels.
(m)
Energy utilization.
(n)
Effect on public services, such as schools, fire and police.
(o)
Traffic congestion.
(5)
Recommendations to mitigate adverse environmental impact. Describe
in detail what measures will be employed during the planning, construction
and operation phases which will minimize or eliminate negative impacts
on and off site that could result from the proposed project, specifically
addressing the following:
(a)
Drainage plans which shall include, but not be limited to, soil
erosion and sedimentation controls. Every effort should be made to
limit off-site runoff to predevelopment levels. As applicable, document
compliance with the New Jersey Stormwater Management Rules.
(b)
Sewage disposal techniques.
(c)
Water supply and water conservation proposals.
(d)
Site design techniques sensitive to the natural environment
which should include innovative landscape, building and circulation
design.
(e)
Energy conservation measures.
(f)
Noise reduction techniques.
(g)
Construction schedule.
(h)
Soil erosion control.
(i)
Light and air.
(6)
Alternatives. Discuss what alternatives were considered both
in terms of site design and project location. Indicate the specific
reasons that an alternative was rejected if it would have resulted
in less of a negative impact than the subject proposal.
(7)
Licenses, permits and other approvals required by law. The applicant
shall list all known licenses, permits and other forms of approval
required by law for the construction and operation of the proposed
project. This list shall include, but will not be limited to, approval
required by the City of Clifton, as well as the agencies of the county,
state and federal governments.
(8)
Documentation. All publications, file reports, manuscripts or
other written sources of information related to the project, the project
site, and the City of Clifton which were consulted and employed in
compilation of the environmental impact statement shall be listed.