City of Clifton, NJ Supplementary Regulations

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.

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.

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.

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.

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.

No front yard shall be used for service, such as clothes drying, automobile parking or storage, to the family dwelling units.

Each principal building shall provide both a front and rear service entrance.

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.

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.

Editor's Note: See Ch. 261, Garbage, Rubbish and Refuse, Art. II, Garbage and Rubbish Disposal in Garden Apartment Developments.

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.

Garden apartment dwelling groups shall be subject to the requirements of site plan approval as set forth in Article VII of this chapter.

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.

In any garden apartment dwelling group, not more than 15 dwelling units per acre shall be permitted or constructed.

In any garden apartment dwelling group, parking facilities shall be restricted for use of tenants and their guests.

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.

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]

§ 461-20 High-rise apartments.

The following standards shall govern the erection, construction or development of high-rise apartments:

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

HIGH-RISE APARTMENT

A multifamily dwelling or dwelling group six or more stories in height with passenger elevators serving each floor.

In any high-rise apartment development, no more than 60 dwelling units per acre may be constructed.

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.

The minimum distance between high-rise structures on any site shall be 1/2 the height of the taller structure.

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.

There shall be no parking permitted on the interior streets and access drives of any high-rise development.

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.

Widths of rights-of-way and construction of primary interior streets shall conform to prevailing City street standards.

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).

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.

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.

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.

High-rise apartments shall be subject to the requirements of site plan approval as set forth in Article VII of this chapter.

§ 461-21 Townhouses.

The following standards shall govern the construction of townhouses:

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

BASEMENT

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]

BATHROOM (FULL)

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]

BATHROOM (PARTIAL)

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]

DWELLING UNIT

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]

TOWNHOUSE

A dwelling unit having no less than two stories and a common or party wall with an adjacent dwelling unit.

Townhouses as defined in this chapter shall be subject to the following regulations and restrictions:

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.

The distance between each group of townhouses shall be equal to the height of the highest group.

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.

No single group of townhouses shall exceed a measurement of 160 feet in its longest dimension.

The minimum width of a townhouse unit shall be 20 feet.

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.

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]

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.

Each townhouse shall be equipped with its own water- , gas and sewer lines or connections, and with its own meters therefor.

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]

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.

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.

§ 461-22 Parking, storage and use of recreational vehicles, boats and trailers.

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:

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.

Such trailers shall be used only as field offices and storage and not for any dwelling use whatsoever.

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.

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]

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]

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.

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.

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.

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.

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.

An application for such permit shall be made on forms to be supplied by the Zoning Officer and shall set forth the following information:

The name and address of the owner of the lot on which such trailer or boat is to be parked or stored.

The location of the property on which such trailer or boat is to be parked or stored, including street address and block and lot.

The height and type of screening to be used.

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.

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]

Temporary permit.

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:

Such parking or storage shall not adversely affect the aesthetic appearance of abutting lots.

Such parking or storage shall not unreasonably interfere with the access to light or air of structures on abutting lots.

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.

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]

In certain specified places in a residential zone or on nonconforming residential premises as follows:

Within an enclosed building conforming with all provisions, restrictions and regulations of this Clifton Zoning Ordinance.

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:

Be located no closer than three feet to any adjoining side or rear property fine.

Not exceed 35 feet in overall length and 12 feet two inches, in height, including air conditioner units and vents.

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.

In a commercial or industrial zone as follows:

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.

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.

The Planning Board shall render a decision within 45 days after receipt by the Board's secretary.

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.

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.

Prohibited uses. Notwithstanding the locations set forth in Subsection C(1) herein, the following uses are prohibited:

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.

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.

No recreational vehicle shall have fixed connections to gas or sanitary sewer located on the property.

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.

Permit procedure.

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.

An application for such permit shall be made on forms to be supplied by the Zoning Officer and shall set forth the following information:

The name and address of the owner of the lot on which a recreational vehicle is to be parked or stored.

The location of the property on which a recreational vehicle is to be parked or stored, including street address and block and lot.

New Jersey motor vehicle registration information.

Size of recreational vehicle, including overall length and overall height.

Plot plan.

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:

Location and dimensions of the recreational vehicle to be parked or stored.

Location and dimensions of the recreational vehicle parking or storage area.

Location and dimensions of the area to be screened, in accordance with Subsection C(3).

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.

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.

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.

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.

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.

(Reserved)[1]

Editor's Note: Former Subsection C(9), Prior use of City property for storage or parking, was repealed 9-7-1999 by Ord. No. 6080-99.

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.

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:

The visiting recreational vehicle shall not be used for sleeping or housekeeping purposes.

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.

Temporary on-street parking of nonresident's recreational vehicle shall be in accordance with regulatory Ordinance No. 5421-90.

Such recreational vehicle does not exceed 35 feet in overall length.

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.

Parking and storage of commercial trailers.

[Added 9-7-1999 by Ord. No. 6080-99]

A commercial trailer, used in the transportation of goods and materials for business purposes, shall be properly registered and shall only be parked in a defined loading dock area.

The area in which a commercial trailer is parked shall not preempt any off-street parking space, access aisle, driveway or other travel way except where approved in conjunction with the requirements of Subsection A above.

§ 461-23 Performance standards.

No use shall be established, maintained or conducted in any district so that the same will cause any of the following:

Dissemination of smoke, fumes, gas, dust, fly ash or any other atmospheric pollutant.

Noise perceptible beyond the boundaries of the lot on which such use is conducted.

Vibration beyond the boundaries of the lot on which such use is conducted.

Odors noticeable at the lot line or beyond.

Direct or reflect glare visible at the lot line.

Physical hazard by reason of fire, explosion, radiation or similar cause to the property in the same or adjacent district.

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.

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.

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.

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.

§ 461-24 Uniformity in exterior design and appearance.

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:

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.

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:

The same basic dimensions and floor plans are used without substantial differentiation of one or more exterior elevations.

The same basic dimensions and floor plans are used without substantial change in orientation of houses on the lots.

The height and design of the roofs are without substantial change in design and appearance.

The size, type and location of windows and doors in the front elevation are without substantial differentiation.

§ 461-24.1 Steep Slope District.

[Added 3-18-1986 by Ord. No. 5062-86]

Purpose and scope.

The Steep Slope District is an overlay zone intended as an option to the underlying RA-1 and RA-3 zones in the district.

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.

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.

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.

Permitted uses. The permitted principal uses in this district shall be:

Lots in excess of 3.5 acres.

Semidetached and detached two-family dwellings.

Townhouses and garden apartments in single buildings or dwelling groups.

Single-family detached dwellings.

Private schools and houses of worship as conditional uses subject to Article VI.

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]

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.

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.

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.

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.

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.

Any other information which may be reasonably necessary to determine compliance with this section.

Editor's Note: See Ch. 399, Subdivision of Land.

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:

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.

Any exposed soils shall be stabilized both during and after construction and development.

The number and extent of cuts shall be minimized to prevent groundwater discharge or ponding.

The maximum number of trees and other vegetative cover shall be preserved.

Soil and rock slippage shall be impeded, and any environmentally sensitive areas shall be protected.

Improvements shall be designed to follow the natural contours of the land, and to provide the least disruption to the land form.

Blasting shall not be conducted unless clearly necessary for site preparation. Blasting shall be conducted during daylight hours consistent with municipal and state laws.

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.

Density computations.

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.

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.

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

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:

Cut and fill requirements.

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.

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.

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.

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.

Grade requirements.

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.

Each grading shall be judged on its own merits and its relationship to surrounding contours.

Setback and buffer requirements.

The minimum building setback line from the Valley Road right-of-way line shall be 40 feet.

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.

No structure on the top of the slope shall be located within 100 feet of the cliff face.

Streets.

In the Steep Slope District, standards for right-of-way width and paving width may be reduced to 40 feet and 26 feet.

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.

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.

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.

Compaction of fill.

Fill material shall not consist of or include organic material, nor rocks greater than eight inches in diameter.

Fill material shall be compacted to 90% of maximum density.

Design guidelines.

Structures shall be built on the lesser slopes. No structures shall be located on the talus slope or the cliff face.

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.

Residences should be oriented where possible to the east to take advantage of the major views from the Garret Mountain slope.

Roads shall be primarily north-south to follow contours, to take advantage of winter sun melt and to reduce stormwater runoff velocity.

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.

Vegetation and revegetation.

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.

Vegetation shall be removed only when absolutely necessary (e.g., for buildings, filled areas, roads).

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).

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.

STEEP SLOPE OVERLAY DISTRICT

Construction shall be scheduled to minimize soil disturbance between the first day of November and the first day of April.

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.

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

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.

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.

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

AVERAGE SLOPE

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

BEDROCK

Continuous solid rock that underlies regolith.

CLIFF FACE

A sheer, nearly vertical slope of exposed bedrock.

DEVELOPABLE AREA

The portion of a lot, exclusive of the cliff face, on which the dwelling unit capacity of the lot is calculated.

PERMITTED ZONE DENSITY

In the Steep Slope Overlay District, the density permitted for single-family homes in the underlying RA-1 and RA-3 zones.

REGOLITH

The noncemented rock fragments and mineral grains, including soil, derived which overlie bedrock.

ROCK WASTE

The material comprising the talus slope or sliderock.

SIDE SLOPE

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.

TALUS SLOPE

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.

TOP OF CLIFF

The portion of a hill located above the cliff face, overlain with regolith, generally the plateau or hill crest.

§ 461-24.2 Affordable housing. [1]

[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]

Short title. This section of the City of Clifton Zoning Ordinance shall be known as the "Affordable Housing Ordinance of the City of Clifton."

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.

Definitions.

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).

AFFIRMATIVE MARKETING PLAN

As used in this section, the following terms shall have the meanings indicated:

ACT

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.

AFFORDABLE

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.

AFFORDABLE HOUSING AGENCY

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.

AFFORDABLE HOUSING DOCUMENT

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.

AFFORDABLE UNIT

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.

AGENCY

The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).

ALTERNATIVE LIVING ARRANGEMENT

A structure in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central heat and common areas.

ASSESSMENTS

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.

CERTIFIED HOUSEHOLD

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.

CONVERSION

The conversion of existing commercial, industrial or residential structures for low- and moderate-income housing purposes.

COUNCIL

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.

DEVELOPMENT FEES

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.

EXEMPT SALES

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.

FAIR MARKET VALUE

The unrestricted price of a low- or moderate-income housing unit if sold at a current real estate market rate.

FIRST MORTGAGE

The most senior mortgage securing a loan for the purchase or refinancing of a unit.

FIRST MORTGAGEE

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.

FORECLOSURE

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.

GROSS HOUSEHOLD INCOME

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.

MODERATE-INCOME HOUSEHOLD

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.

HOUSING REGION

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.

IMPROVEMENTS

Additions within a unit, including materials, supplies, appliances or fixtures, which become a permanent part of the unit or are affixed to the unit.

INCLUSIONARY DEVELOPMENT

A development containing low- and moderate-income units.

INDIGENOUS NEED

Substandard (deficient) housing units within the City of Clifton which are occupied by low- and moderate-income households.

LOW-INCOME HOUSEHOLD

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.

LOW-INCOME PURCHASER

A low-income household purchasing an affordable unit.

LOW-INCOME RENTER

A low-income household renting an affordable unit.

LOW-INCOME 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.

MARKET RATE UNIT

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.

MASTER DEED

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.

MEDIAN REGIONAL INCOME

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.

MODERATE-INCOME PURCHASER

A moderate-income household purchasing an affordable unit.

MODERATE-INCOME RENTER

A moderate-income household renting an affordable unit.

OWNER

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.

REHABILITATED UNIT

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.

REHABILITATION MARKETING PLAN

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.

REPAYMENT CLAUSE

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.

REPAYMENT OPTION

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.

SENIOR CITIZEN HOUSEHOLD

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.

SET ASIDE

The percentage of housing units devoted to low- and moderate-income households within an inclusionary development.

STATEMENT OF EXEMPTION

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.

SUBSTANDARD HOUSING UNIT

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.

TOTAL MONTHLY HOUSING COST

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.

Clifton Affordable Housing Agency.

Establishment of the Affordable Housing Agency.

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.

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.

Powers and duties of the Affordable Housing Agency.

To establish selection procedures and criteria for determining a certified household.

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.

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.

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.

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.

To issue statements of exemption in accordance with Subsection I of this section.

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.

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.

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.

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.

(l)

To review and approve or disapprove the affirmative marketing plan in accordance with the provisions in Subsection M of this section, and, once approved, to assure that the affirmative marketing plan has been advertised and publicized as indicated in § 461-24.2M.

(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:

The name of the applicant.

If the applicant is not approved, the reasons for disapproval.

If the applicant is approved, the following shall be noted:

Proof of income eligibility (federal tax return).

The initial inspection report of the City Construction Official.

The bids submitted by interested contractors.

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:

The Housing Rehabilitation Program's staff and their responsibilities.

The procedures for the marketing of the Housing Rehabilitation Program.

Eligible repairs and improvements.

The amount of money available for rehabilitation.

Financing terms.

Income qualification criteria.

The procedures for filing applications.

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:

Regarding inclusionary developments:

Any statement of exemptions which have been issued by the Affordable Housing Agency.

Any foreclosure upon an affordable unit which has occurred.

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:

Site location.

The number of affordable units.

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.

A summary comparison of the affordable units constructed and occupied versus the total number of affordable units required to be constructed and occupied.

Regarding the Housing Rehabilitation Program:

The number of applications filed for participation in the Rehabilitation Program.

The number of units found to be substandard housing units which are occupied by low- or moderate-income households.

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.

A summary comparison of the status of the substandard housing rehabilitated units which are included in the rehabilitation program.

Regarding development fees:

The amount of development fees collected and their sources.

A breakdown as to how the development fees collected have been expended.

Income limits and housing eligibility.

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.

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.

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.

All efficiency units shall be affordable to one-person households, and only one-person households may occupy an efficiency.

One-bedroom units shall be affordable to one-and-five-tenths-person households.

Two-bedroom units shall be affordable to three-person households.

Three-bedroom units shall be affordable to four-and-five-tenths-person households.

Household certification by Affordable Housing Agency.

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.

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.

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:

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.

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.

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:

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.

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:

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.

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.

Reference of certified households to affordable units.

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.

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.

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.

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:

A maximum of two persons per bedroom;

Children of the same sex in the same bedroom;

Unrelated adults or persons of the opposite sex (other than husband and wife) in separate bedrooms; and

Children not in the same bedroom as their parents.

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:

Estimated maximum initial sales prices for inclusionary units.

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.

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.).

Actual maximum initial sales prices for all affordable units.

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.

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.

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.

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.

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.

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:

One at 43.0% of median.

Two at 48.0% of median.

One at 59.5% of median.

One at 71.50% of median.

[e]

One at 75.0 % of median.

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:

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.

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.

Maximum resale prices for all affordable units.

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:

The changes in the median regional income; and

The cost or value of improvements to the property made by the owner, as determined in accordance with the rules and regulations established by the Affordable Housing Agency pursuant to Subsection F(3)(c) hereinbelow.

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.

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:

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.

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.

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.

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.

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.

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.

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.

Maximum rental charges for all affordable units.

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.

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.

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.

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.

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.

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.

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:

The increase in the median regional income;

The increase in the housing Consumer Price Index for the United States, provided that no rent increase shall exceed 9% in any one year; and

The costs to the owner of any capital improvements deemed necessary by the City Construction official.

Affordable Housing documents for all affordable housing units.

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).

The affordable housing document shall be an instrument to be recorded with the Office of the Register, Passaic County, New Jersey.

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.

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.

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.

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.

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.

Contents of an affordable housing document.

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.

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.

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.

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.

Certificates of occupancy for sale units.

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.

The Affordable Housing Agency shall make its determination within 10 days of its receipt of a proposed affordable housing document.

No initial occupancy of a low- or moderate income-sales unit shall be permitted prior to the issuance of the certificate of occupancy.

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.

A new certificate of occupancy shall be required for the reoccupancy of any low- or moderate-income unit resulting from the resale of the unit, and the same procedures shall be followed as indicated in Subsection G(3)(a) hereinabove for the issuance of the initial certificate of occupancy.

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.

Newly constructed low- and moderate-income sales units shall remain affordable to low- and moderate-income households for not less than 30 years.

Newly constructed low- and moderate-income rental units shall remain affordable to low- and moderate-income households for not less than 30 years.

Rehabilitated owner-occupied single-family housing units that are improved to code standard shall be subject to affordability controls for at least six years.

Rehabilitated renter-occupied housing units that are improved to code standards shall be subject to affordability controls for at least 10 years.

Accessory apartments shall be subject to affordability controls for at least 10 years.

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.

Deeds conveyance and leases.

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.

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.

Provisions applicable to inclusionary developments only.

Disclosure statement by developers.

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]

Editor's Note: A copy of the sample disclosure statement is on file in the City Clerk's office.

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.

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%

Unit sizes and bedroom distribution.

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

The bedroom mix of non-senior, low- and moderate-income units shall contain the following distribution of unit types:

Efficiencies and 1-bedroom: 10% minimum and 20% maximum.

Two-bedroom: 30% minimum.

Three-bedroom: 20% minimum.

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.

Efficiencies: 25% maximum.

One-bedroom: 75% maximum.

Two-bedroom: 25% minimum.

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:

At least 1/2 of all affordable units within each inclusionary development shall be affordable to low-income households.

As many as 1/2 of all affordable units within each inclusionary development shall be affordable to moderate-income households.

At least 1/3 of all units in each bedroom distribution category pursuant to N.J.A.C. 5:93-7.3 and Subsection H(3)(b) and (3)(c) hereinabove shall be affordable to low-income households.

Procedures for the sale and rental of an affordable unit when no certified household is found; exempt sales.

Initial sales of affordable units.

Low- and moderate-income sales units shall not be offered to non-income-eligible households at initial sales without approval from COAH.

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.

Resale of affordable units.

Persons wishing to sell an affordable unit shall notify the Affordable Housing Agency of their intent to sell.

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.

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.

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.

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.

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:

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.

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.

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.

Rentals of affordable units.

Owners of low- and moderate-income rental units shall not offer rental units to non-income-eligible households without prior approval from COAH.

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.

Exempt sales.

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:

Transfer of ownership between husband and wife.

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.

Transfer of ownership between family members as a result of inheritance.

Transfer of ownership through an executor's deed to third parties.

Transfer of ownership through a court order.

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.

Recapture of affordable sales units.

Options to buy sales units.

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.

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.

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.

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.

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:

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.

The deed from the owner shall be a bargain and sale deed with covenants against grantor's acts.

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.

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.

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.

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:

Outstanding taxes and governmental assessments.

The first purchase money mortgage.

The attorney's fees and costs of sale of the first money mortgagee.

Outstanding assessments.

The attorney's fees and costs of sale of the Affordable Housing Agency.

Subordinate lien holders.

The attorney's fees and costs of sale of any subordinate lien holders.

City of Clifton option to buy. If the City of Clifton elects to purchase a low- or moderate-income unit, it may:

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.

Sell the unit at fair market value subject to the following:

Notice to COAH of the proposed sale and the proposed sales price at least 90 days before closing.

Notice to COAH of the price differential.

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.

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:

Sell or rent the housing unit to a low- or moderate-income purchaser or tenant at a price of rent not to exceed the maximum allowable restricted resale price or rerental charge in accordance with Subsection F(3), F(4) and F(5) of this section.

Sell the unit at fair market value and utilize the price differential to subsidize the construction, rehabilitation or maintenance of low- and moderate-income housing within the housing region.

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:

The sale price or rent shall not exceed the maximum allowable restricted resale price or rerental charge in accordance with Subsection F(3) and F(5) of this section for the applicable time period specified in Subsection G(4) of this section.

Low-income units shall be made available to low-income purchasers or low-income renters.

The unit shall be controlled by an affordable housing document in accordance with the applicable provisions of Subsection G of this section.

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:

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:

The sales price shall not exceed the maximum allowable restricted resale price in accordance with Subsection F(3) of this section.

The Affordable Housing Agency shall certify the income qualifications of the purchaser.

The Affordable Housing Agency has ensured that the subject affordable unit is controlled by an affordable housing document in accordance with the applicable provisions of Subsection G.

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:

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.

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.

In making this determination, the Affordable Housing Agency may rely on comparable sales data or an appraisal.

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.

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.

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:

Recompute the repayment obligation if the seller believes an error has been made; or

Reconsider a determination that a sales price does not bear a reasonable relationship to fair market value.

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.

The proceeds to the owner shall, except in the event of foreclosure, be forwarded to the owner, in accordance with the following:

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:

The amount of proceeds to which the former owner is entitled.

The circumstances under which the Affordable Housing Agency holds the proceeds in trust for the benefit the former owner.

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.

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.

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:

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.

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:

Provides public notice in an official newspaper of the City;

Notifies the Affordable Housing Agency; and

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.

Obligations of occupants and notices of violations.

Obligation of owners and renters.

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.

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.

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.

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.

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.

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.

Notice of violations.

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.

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:

The term(s), restriction(s), provision(s), rule(s) and/or regulation(s) violated by the owner or renter;

The particular manner in which the owner or renter violated the term(s), restriction(s), provision(s), rule(s) and/or regulation(s); and

The step(s) considered necessary by the Affordable Housing Agency for the owner or renter to cure the violation(s).

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:

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.

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.

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.

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).

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.

Foreclosure.

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:

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.

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.

Notice of foreclosure.

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.

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.

Continuance of the affordable unit.

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.

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:

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.

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.

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:

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.

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:

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.

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.

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.

Affirmative marketing plans for new affordable units.

Affordable unit occupancy preference.

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.

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.

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:

First priority shall be given to certified households now living in substandard housing units in the City of Clifton.

Second priority shall be residents of Bergen, Hudson, Passaic and Sussex Counties.

Third priority shall be residents of the State of New Jersey.

Fourth priority shall be to anyone else.

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.

The affirmative marketing plan for new affordable units shall provide the following information:

The name and address of the housing project.

The total number of units and the total number of affordable units, including the number of sales and rental affordable units.

The price of the sales affordable units and/or rents of the rental affordable units.

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.

A documentation of the availability of private mortgage insurance in conjunction with low down payment mortgages.

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.

The name, address and telephone number of the sales agent and/or rental agent.

A description of the random selection method that will be used to select certified households for the affordable units.

[9]

A marketing program in accordance with Subsection M hereinbelow.

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:

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.

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.

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.

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.

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.

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.

Commencement of the affirmative marketing plan.

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:

The location of the affordable units.

Directions to the affordable units.

The range of sales prices and/or rents for the affordable units.

The number of bedrooms in the affordable units.

The maximum income permitted in order to qualify for the affordable units.

The location of the application forms for the affordable units.

The business hours when interested households may obtain an application for an affordable unit.

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.

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.

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.

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.

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:

The monitoring forms provided by COAH.

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.

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.

Housing Rehabilitation Program.

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:

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.

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.

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.

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.

The owner must agree, in writing, to comply with all of the applicable requirements of this Affordable Housing Ordinance.

Affordable housing document.

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.

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.

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.

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.

Funding and funding phasing.

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.

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.

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:

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

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.

Application procedures.

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.

Interested owners shall submit a completed application to the Affordable Housing Agency via the City Clerk.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

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.

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.

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.

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.

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.

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.

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.

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:

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.

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.

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.

Rehabilitation marketing plan. The Affordable Housing Agency shall be responsible to prepare and execute a rehabilitation marketing plan, which shall consist of the following:

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.

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.

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.

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:

The Affordable Housing Agency and its responsibilities regarding the Housing Rehabilitation Program;

The eligible repairs and improvements to a substandard housing unit;

The amount of money available for the repairs and improvements;

The financing terms;

The criteria for owner eligibility;

The application procedures;

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

The duration of the affordability controls to be contained within the affordable housing document.

Development fees.

[Amended 12-20-2005 by Ord. No. 6538-05]

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.

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.

AFFORDABLE HOUSING DEVELOPMENT

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.

COAH

The New Jersey Council on Affordable Housing.

DEVELOPMENT FEE

Funds paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in COAH's rules.

EQUALIZED ASSESSED VALUE

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.

Residential development fees.

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.

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.

Nonresidential development fees.

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.

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]

Eligible exactions, ineligible exactions and exemptions.

Affordable housing developments shall be exempt from development fees. All other forms of new construction shall be subject to development fees unless exempted below.

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.

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.

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]

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.

Affordable Housing Trust Fund.

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.

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).

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.

Use of funds.

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.

Funds shall not be expended to reimburse the City of Clifton for past housing activities.

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.

Affordability assistance programs may include down payment assistance, security deposit assistance, low-interest loans and rental assistance.

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.

Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.

The 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]

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.

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.

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.

Power of attorney.

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.

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.

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.

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.

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.

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.

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.

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.

Editor's Note: See also Ch. 7, Affordable Housing Agency.

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.

§ 461-24.3 Main Avenue Overlay Zone.

[Added 7-2-1996 by Ord. No. 5814-96]

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]

Applicability.

The Main Avenue Overlay Zone regulations shall apply to all proposed improvements in the district requiring a building permit.

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.

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]

Building design guidelines.

Facades.

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.

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.

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.

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.

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.

Building materials will reflect a historically sensitive context, especially the traditional brick, stucco and clapboard materials of many older buildings.

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.

Signs.

All sign applications shall show the facade design plan and the relationship of the proposed sign to the facade design plan.

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.

All facade signs shall be restricted to the established wall-mounted sign band as approved with the facade design plan.

Allowable sign area shall be no more than 5% of the building front-yard facade area.

Signs shall be no greater than two feet in height.

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]

Setbacks and parking.

Front yard setbacks shall be minimized to bring the front facade as close to the street as possible.

Parking shall be limited to rear and side yards and shall be adequately signed and accessed.

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.

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.

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.

Uses.

[Amended 11-17-1997 by Ord. No. 5933-97]

Uses shall be allowed as in the underlying zones with the following exceptions:

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.

No fast-food use shall be located within 500 feet of another fast-food use.

Restaurants, excluding fast-food restaurant uses, shall be permitted as principal uses subject to the following:

All lots utilized for restaurants must front onto Main Avenue.

The hours of operation are limited to 11:00 p.m. from Sunday to Thursday and 12:00 midnight Friday and Saturday.

The bulk requirements are as provided in the Schedule of Bulk Regulations contained in Article IV of this chapter.[1]

Editor's Note: See § 461-13.

All other requirements, including off-street parking, signage, screening and related items, as applicable, must be complied with.

§ 461-24.4 Wireless telecommunications towers and antennas.

[Added 10-7-1997 by Ord. No. 5917-97]

Purpose.

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:

Provide guidelines which allow for the siting of cellular towers within the boundaries of the City of Clifton.

Provide for the ever expanding communications needs of the City of Clifton, its residents and business community.

Within those goals the objectives of this section are to:

Protect residential areas and land uses from potential adverse impacts of towers and antennas.

Encourage the location of towers in nonresidential areas.

Minimize the total number of towers throughout the community.

Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers.

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.

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.

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.

Consider the public health and safety of communication towers.

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

ALTERNATIVE TOWER STRUCTURE

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.

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.

ANTENNA

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.

COLOCATION

Placing more than one exterior transmitting or receiving device on one physical structure at one location.

BACKHAUL NETWORK

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.

FAA

The Federal Aviation Administration.

FCC

The Federal Communications Commission.

HEIGHT

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.

PREEXISTING TOWERS and PREEXISTING ANTENNAS

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.

TOWER

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.

Applicability.

New towers and antennas. All new towers or antennas in the City of Clifton shall be subject to these regulations, except as provided in Subsection C(2) through C(4), inclusive.

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.

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.

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.

General requirements.

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.

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.

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]

Aesthetics. Towers and antennas shall meet the following requirements:

Applicants must provide camouflaging as defined by the term "alternative tower structure" or provide documentation as to why camouflage is not feasible.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Permitted uses.

General. The uses listed in this subsection are deemed to be permitted uses and shall not require administrative approval or a conditional use permit.

Permitted uses. The following uses are specifically permitted:

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.

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]

Administratively approved uses.

General. The following provisions shall govern the issuance of administrative approvals for towers and antennas.

The Zoning Officer may administratively approve the uses listed in this subsection.

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.

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.

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.

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.

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.

List of administratively approved uses. The following uses may be approved by the Zoning Officer after conducting an administrative review:

Locating antennas on existing structures or towers consistent with the terms of Subsections F(2)(a)[1] and [2] below.

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:

The antenna, as measured from the lowest grade, does not extend more than the maximum building height for the zone wherein the structure is located.

The antenna complies with all applicable FCC and FAA regulations.

The antenna complies with all applicable building codes.

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 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.

Height.

An existing tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this section.

The height change referred to in Subsection F(2)(a)[b][i] may only occur one time per communication tower.

The additional height referred to in Subsection F(2)(a)[2][b][ii] shall not require an additional distance separation as set forth in Subsection G. The tower's premodification height shall be used to calculate such distance separations.

On-site location.

A tower which is being rebuilt to accommodate the colocation of an additional antenna may be moved onsite within 50 feet of its existing location.

After the tower is rebuilt to accommodate colocation, only one tower may remain on the site.

A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to Subsection G(2)(e). The relocation of a tower hereunder shall in no way be deemed to cause a violation of Subsection G(2)(e).

Conditional use permits.

General. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the Planning Board:

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.

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.

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.

Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.

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.

Towers.

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:

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.

Legal description of the parent tract and leased parcel (if applicable).

The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

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.

A landscape plan showing specific landscape materials.

Method of fencing and finished color and, if applicable, the method of camouflage and illumination.

A description of compliance with Subsections D, G(2)(d), G(2)(e) and all applicable federal, state or local laws.

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.

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:

Height of the proposed tower.

Proximity of the tower to residential structures and residential district boundaries.

Nature of uses on adjacent and nearby properties.

Surrounding topography.

Surrounding tree coverage and foliage.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

Proposed ingress and egress.

Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures, as discussed in Subsection G(2)(c) of this section.

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):

No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

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.

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.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

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.

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:

Towers must be set back a distance equal to at least 75% of the height of the tower from any adjoining lot line.

Guy wires and accessory buildings must satisfy the minimum zoning district setback requirements.

No tower shall exist within required buffer areas, if adjacent to residential zones and as prescribed under local ordinance.

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.

Separation from off-site uses/designated areas.

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.

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.

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

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.

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required:

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.

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.

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.

Prohibition in residential zones. No tower or alternative tower shall be constructed in any residential zone.

Buildings or other equipment storage.

Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:

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.

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.

Equipment storage buildings or cabinets shall comply with all applicable building codes.

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:

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.

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.

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.

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.

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.

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.

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.

§ 461-24.5 School impact statement.

[Added 11-17-1997 by Ord. No. 5934-97]

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.

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.

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:

The total number of dwelling units proposed.

A breakdown of the total dwelling units by the housing type (single-family, two-family, multifamily, townhouse, apartment).

A breakdown of the number of bedrooms proposed for each housing type.

The square footage for each dwelling shall be indicated by housing type and number of bedrooms.

A typical floor plan for each housing type shall be provided indicating the layout of all rooms, closets, windows, doors and utility areas.

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.

A construction schedule should be provided in the case of 10 or more proposed dwellings to indicate any phasing, as appropriate.

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.

§ 461-24.6 Passaic Avenue Overlay Zone.

[Added 11-15-2003 by Ord. No. 6377-03]

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.

Applicability.

The Passaic Avenue Overlay Zone regulations shall apply to any proposed development of corporate suites and related improvements as permitted within the overlay zone district as depicted on the Clifton Zoning Map.[1]

Editor's Note: The Zoning Map is on file in the City offices.

The Passaic Avenue Overlay Zone shall be composed of the property known as Block 71.01, Lot 46.

Any corporate suites development located within the Passaic Avenue Overlay Zone shall require a building permit as well as all required approvals from any outside agencies.

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.

The Passaic Avenue Overlay Zone shall also permit corporate suites.

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.

Bulk requirements for corporate suites.

Minimum lot area: four acres.

Minimum lot width: 300 feet.

Minimum lot depth: 600 feet.

Minimum front yard: 44 feet.

Minimum rear yard: 37 feet.

Minimum side yard: 35 feet.

Maximum building height: five stories/60 feet.

Maximum lot coverage: 60%.

Maximum number of suites/occupancy units: 258.

Off-street parking and loading requirements for corporate suites.

The minimum number of off-street parking spaces shall be 1.35 spaces for each suite/occupancy unit.

All parking stalls shall measure a minimum of nine feet by 18 feet.

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.

No loading spaces may be located in any required front yard setback.

All loading spaces shall be effectively screened to provide a year-round visual barrier.

Buffer requirements for corporate suites.

A buffer shall be provided in accordance with § 461-52 of this chapter.

Landscaping and/or fencing shall be provided along the side and rear lot lines to provide adequate screening from adjacent properties. Fencing shall not exceed six feet in height.

Trash/recycling areas for corporate suites.

No trash/recycling areas shall be located within 25 feet of any residential zone boundary.

All trash/recycling areas shall be effectively screened to provide a year-round visual barrier.

Signage for corporate suites. All signage must comply with the sign provisions in the B-C Zone in Article IX (Signs).

Access control gating must be provided to all corporate suites development.

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:

Proposed site layout showing all building and improvements on a property survey.

Existing conditions.

Parking and circulation.

Utilities.

Grading and drainage.

Landscaping and lighting.

Floor plans.

Architectural building elevations (building facade design).

§ 461-24.7 Tent sales.

[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:

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]

No tent sales shall be permitted during the months of November, December or January.

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]

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.

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:

For tents 600 square feet or less: none.

For tents 601 square feet to 1,800 square feet: one officer.

For tents 1,801 to 2,000 square feet: two officers.

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.

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.

Fencing or a similar type of barrier shall be provided around the tent.

No merchandise shall be stored or displayed outside the tent.

§ 461-24.8 Environmental impact statement.

[Added 7-6-2010 by Ord. No. 6893-10]

General provisions.

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:

Will not result in appreciable harmful effects to the environment.

Has been designed and conceived with a view toward the protection of the regional resources.

Will not place a disproportionate or excessive demand upon the total resources available for such proposal and for any future proposals.

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.

General requirements. The requirements for the environmental impact statement are as follows:

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.

The environmental impact statement shall be prepared by a licensed professional engineer and/or planner.

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.

Editor's Note: See Ch. 44, Environmental Commission.

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.

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:

Streams, water bodies, stream corridors, floodplains and flood retention areas.

Wetlands.

Slopes greater than 15%.

Erodible and poorly drained soils.

Aquifer and groundwater recharge areas.

Parks.

Farmland.

Habitats of rare and endangered species.

Unique natural features.

Contaminated sites.

Wellhead protection areas.

Sensitive geologic areas.

(13)

Quarries.

(14)

Forested areas.

Format. When an environmental impact statement is required, the following format shall be utilized and the information requested shall be provided.

Project description.

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.

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:

City of Clifton Natural Resource Inventory Report (NRI).

City of Clifton Master Plan.

Master Plan of adjacent municipalities.

Passaic County Master Plan.

Regional and state planning guides, including the New Jersey State Development and Redevelopment Plan, New Jersey Stormwater Management Plan.

Site description and inventory. Provide a description of environmental conditions on the site which shall include, but not be limited to, the following items:

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.

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.

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%.

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.

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.

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.

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.

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.

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.

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.

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.

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:

Soil erosion and sedimentation resulting from surface runoff.

Flooding and floodplain disruption, and wetlands and transition area disturbances.

Degrading of surface water quality by point sources and/or nonpoint sources (NPS), including stormwater runoff.

Groundwater pollution, underground injection or other potential discharge to groundwater.

Sewage disposal.

Solid waste disposal.

Destruction of vegetation, including compliance with § 433-30 of the Code of the City of Clifton, entitled "Tree Removal and Protection."[2]

Editor's Note: See Chapter 433, Trees and Shrubbery, Art. V, Tree Removal and Protection.

Disruption of wildlife habitats.

Destruction of scenic and historic features.

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.

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:

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.

Sewage disposal techniques.

Water supply and water conservation proposals.

Site design techniques sensitive to the natural environment which should include innovative landscape, building and circulation design.

Energy conservation measures.

Noise reduction techniques.

Construction schedule.

Soil erosion control.

Light and air.

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.

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.