[HISTORY: Adopted by the Township Council
of the Township of Evesham 7-18-2000 by Ord. No. 6-3-2000. Amendments noted
where applicable.]
A.
List of conditional uses.
(1)
Houses of worship.
(2)
Home occupation uses.
(3)
Senior citizen housing/life care facilities/assisted
living.
(4)
Service stations.
(5)
Hotels, motels, motor courts, motor hotels and conference
centers.
[Amended 1-11-2008 by Ord. No. 1-1-2008]
(6)
Warehousing.
(7)
Adult bookstores and/or adult retail.
(8)
Billboards.
(9)
Car washes.
(10)
Public, private or parochial educational institutions.
(11)
New automobile sales and service facilities.
(12)
Fraternal organizations.
(13)
Fast food without drive-through or window facilities.
[Amended 8-10-2010 by Ord. No. 18-8-2010]
(14)
Arcades.
(15)
Single-family detached dwellings served by a
centralized wastewater collection facility.
(16)
Theaters.
(17)
Outdoor storage.
(18)
Apartments as accessory uses.
(19)
Helistops.
[Added 8-10-2010 by Ord. No. 17-8-2010 and 4-12-2011 by Ord. No.
7-4-2011]
(20)
Fast
food with drive-through or window facilities.
[Added 8-10-2010 by Ord. No. 18-8-2010 ]
(21)
Nonclustered
single-family detached dwellings.
[Added 7-25-2012 by Ord. No. 20-7-2012]
B.
Procedure.
(1)
Before a building permit or certificate of occupancy
shall be issued for any conditional use as permitted by this chapter,
application shall be made to the Planning Board. The Planning Board
shall grant or deny said application within 95 days of submission
of a complete application by a developer to the administrative officer,
or within such further time as may be consented to by the applicant.
(2)
The review by the Planning Board of a conditional
use shall include any required site plan review pursuant to this Code.
Public notice and a hearing shall be required.
(3)
In all requests for approval of conditional uses,
the burden of proof shall be on the applicant. The Planning Board
shall give due consideration to all reasonable elements which could
affect the public health, welfare, safety, comfort and convenience
such as, but not limited to, the proposed uses, the character of the
area, vehicular travel patterns and access, pedestrianways, landscaping,
lighting, signs, drainage, sewage treatment, potable water supply,
utilities and building and structure location(s) and orientation(s).
C.
The following conditional uses shall be subject to
the standards set forth in this section:
(1)
Houses of worship.
(a)
Minimum lot size shall be four acres without public water and/or public sewer, or three acres with public water and public sewer, except in the FA or FW Zones, in which case 20 acres shall be required. When a school is proposed as an additional use of the property, the minimum lot area required shall be the total of the areas required for each use. [See Subsection C(10) below for standards governing schools.]
(b)
Minimum lot width at the setback shall be 300
feet.
(c)
Minimum front yard shall be 100 feet.
(d)
Minimum side yard shall be 75 feet.
(e)
Minimum rear yard shall be 100 feet.
(f)
The maximum height of any structure shall not
exceed 35 feet, except for steeples or other architectural features
customarily associated with houses of worship and having extraordinary
height requirements which shall be no higher than 60 feet above the
finished grade.
(h)
No parking shall be closer than 30 feet to any
property line.
(i)
The maximum permitted building coverage shall
not exceed 20%.
(j)
The maximum permitted impervious coverage shall
not exceed 50%.
(k)
The 25 feet closest to the property line or
the public street shall be designed with berms and landscaping materials,
with emphasis given to screening parking areas from the street and
buffering the parking, the church structures and recreational areas
from any neighboring residential properties.
(2)
Home occupations permitted as conditional uses. Home
occupations which require more extensive use of a dwelling and are
more visible to the public are permitted as conditional uses. If a
use cannot meet the limits of one or more of the following conditional
use standards, one must apply to the Zoning Board of Adjustment for
a variance in accordance with N.J.S.A. 40:55D-70d(3), a conditional
use variance. The standards are listed below:
(a)
The use must meet the definition of home occupation
in this Code.
(b)
Buildings/lots permitted for home occupations.
Home businesses may only be permitted within the principal and conforming
building on a conforming lot in accordance with the requirements of
the applicable residential zone. Furthermore, the principal building
must meet all bulk and area requirements.
(c)
Floor area devoted to home occupations. The
area of a dwelling used for the activities of a home occupation may
not exceed 35% of the total gross floor area of the dwelling, or 600
square feet, whichever is less. Also, all home occupation activities
must take place indoors within the designated and permitted floor
area.
(d)
Number of nonresident employees. No more than
one nonresident employee may be permitted to work within the home
occupation.
(e)
Number of visitors permitted. Those individuals,
clients, customers, patients, and patrons who visit the subject home
occupation for business purposes shall be limited to no more than
two individuals on the property at any one time.
(f)
Deliveries. No goods, materials, supplies or
items of any kind may be delivered either to or from the premises,
except in a passenger vehicle or step-type van; and no materials,
supplies, equipment, or other items may be stored on or about the
exterior of the property or on or in an open truck or trailer.
(g)
Sales products. Sales shall be incidental to
the home occupation and home professional. There shall be no exterior
display of products.
(h)
Hours of operation. Business hours for the home
occupation may not extend beyond the period between 8:00 a.m. and
8:00 p.m. Although residents of the home occupation may conduct business
beyond the designated hours, no nonresident employee or business-related
visitors may be on the property for business reasons beyond the designated
business hours.
(i)
Parking. Off-street parking shall be provided for the home occupation in accordance with Chapter 160, Zoning.
(j)
Business vehicles. No more than one business
vehicle may be parked on the property at any one time, and no such
vehicle shall exceed 8,000 pounds registered vehicle weight.
(k)
Exterior appearance of the site. Any property
used as a home occupation shall have no visible exterior characteristics
which do not completely conform to those of a typical residence. This
applies to the site, architecture, signs, lighting and any other features.
(l)
Impacts. No measurable impacts, such as noise,
vibrations, dust, odors, fumes, smoke, or glare, may be caused by
the home occupation. Also, no equipment may be utilized which interferes
with radio or television reception within the area.
(m)
Certificate of occupancy. A certificate of occupancy
shall be required for the floor area devoted to the home occupation.
(n)
Minor site plan approval. A home occupation
requiring a conditional use approval shall receive minor site plan
approval in order to operate.
(o)
Prohibited home occupation. The following activities
are specifically prohibited within the context of permitted home occupations:
animal hospitals or shelters, commercial stables, kennels, funeral
parlors or undertaking establishments, restaurants, lodging, or any
type of retail or wholesale business.
(3)
Senior citizen housing/life care facilities/assisted
living.
(a)
No site shall contain less than five acres.
(b)
The maximum residential density shall not exceed
4 1/2 dwelling units per gross acre.
(c)
The maximum building height shall not exceed
30 feet, whichever is greater.
(d)
Parking shall be provided in accordance with
the New Jersey Residential Site Improvement Standards.
(e)
Individual dwelling units shall meet or exceed
minimum design requirements specified by the New Jersey Housing Finance
Agency.
(f)
A land area or areas equal in aggregate to at
least 250 square feet per dwelling unit shall be designated on the
site plan for the recreational use of the residents of the project.
(g)
Prior to any Township approval, the following
prerequisites shall have been accomplished:
[1]
Verification that there are adequate utility
services and support facilities for the project.
[2]
Assurance that the occupancy of such housing
will be limited to households, the single member of which, or either
the husband or wife of which, or both, is/are 55 years of age or older,
or as otherwise defined by the Social Security Act, as amended, except
that this provision shall not apply to any resident manager and family
resident on the premises.
[3]
Verification of preliminary approval of the
project by any state or federal agency which finances or assists the
financing or operation of such housing.
(h)
Nursing care units shall not exceed 85 units.
(i)
All other applicable requirements of the Ordinances
of the Township of Evesham must be satisfied.
(4)
Service stations.
(a)
The minimum lot size for service stations shall
be 20,000 square feet, and the minimum frontage shall be 150 feet.
(b)
No service station/auto repair shop shall be
located within 500 feet of any fire house, school, playground, church,
hospital, public building or institution or within 2,000 feet from
an existing service station.
(c)
All appliances, pits, storage areas and trash
facilities, other than gasoline filling pumps or air pumps, shall
be within a building. Gasoline filling pumps and air pumps shall be
permitted within the required front yard space of service stations
but shall be no closer than 50 feet to any right-of-way line. Canopies
designed to protect the pumping area may be located within 40 feet
of any right-of-way line. All lubrication, repair or similar activities
shall be performed in a fully enclosed building, and no dismantled
parts shall be displayed outside of an enclosed building.
(d)
No junked motor vehicle or part thereof, or
motor vehicles incapable of normal operation upon the highway, shall
be permitted on the premises of any service station. If more than
three motor vehicles incapable of operation shall be located at any
one time upon the exterior premises except, however, that not more
than six motor vehicles may be located upon any service station premises
outside a closed or roofed building for a period of time not to exceed
seven days, providing that the owners of said motor vehicles are awaiting
their repair or disposition.
(e)
Landscaping shall be provided in the front yard
area equal to at least 25% of the front yard area, and such landscaping
shall be reasonably distributed throughout the entire front yard area.
(f)
The exterior display and parking of motor vehicles,
trailers, boats or other similar equipment for sale shall not be permitted
as part of a service station.
(i)
Any service station which includes a convenience shop selling retail goods such as beverages, packaged food goods or sundries shall provide parking in accordance with Chapter 160, Zoning. Such parking shall not interfere with aisles or lanes for servicing vehicles. The Board shall consider distance to adjacent residential neighborhoods and the safety of pedestrians from such neighborhoods to the service station.
(j)
All other applicable requirements of this chapter
must be satisfied.
(k)
Car washes, vehicle rental uses, parking for
a fee or other activity specifically a part of the operation of the
service station are permitted. In such cases, all other standards
of this chapter for these uses must be maintained, in particular,
parking, stacking lane length and buffering.
(5)
Hotel/conference centers.
(a)
All performance criteria of the Commercial-1
Zone shall be satisfied.
(b)
Maximum floor area ratio shall be 0.25.
(c)
Floor area ratio can be increased to 0.30 if
structured parking is used to accommodate at least 50% of the parking
demand for the center.
(d)
Restaurants, barbershops, gift shops, health
spas, magazine/newspaper stands and similar uses shall be permitted
as accessory uses, provided they have no outside building access for
customers and no outside advertising.
(e)
Occupancy in any hotel, motel, motor court or motor hotel shall be
limited to no more than 14 days in any thirty-day period, regardless
of any room or unit changes by any such occupant during any such time
period.
[Added 1-11-2008 by Ord. No. 1-1-2008]
(f)
Every hotel, motel, motor court or motor hotel shall keep and maintain
records of the names, addresses and dates of occupancy for all persons
who occupy a room or unit at such hotel, motel, motor court or motor
hotel.
[Added 1-11-2008 by Ord. No. 1-1-2008]
(g)
The records required under Subsection C(5)(f) above shall be produced for inspection and/or copying by the Township’s Zoning Officer, or such other person designated by the Township Manager.
[Added 1-11-2008 by Ord. No. 1-1-2008]
(h)
In the event of a declared federal, state, county or local emergency,
the Township Manager may waive the limits upon the duration of any
occupancy set forth in this subsection.
[Added 1-11-2008 by Ord. No. 1-1-2008]
(i)
Individual units or rooms may not contain a range-top cooking facility.
Microwave ovens and mini-refrigerators are permitted as an amenity.
[Added 1-11-2008 by Ord. No. 1-1-2008]
(7)
Adult bookstores and/or adult retail.
(a)
Purpose. These regulations are adopted in furtherance
of all of the public purposes of municipal zoning and planning, including,
but not limited to, guiding the appropriate use and development of
the Township of Evesham in a manner which will promote the public
health, safety, morals and general welfare, and in order to meet the
needs of citizens of the Township of Evesham and of the State of New
Jersey, while maintaining the quality and character of the Township
of Evesham and deterring the growth and spread of blight and crime
(especially prostitution, sexual offenses, public indecency, and related
offenses). It is recognized that there are some uses commonly known
as "adult" uses which, because of their very nature, are recognized
as having serious objectionable operational characteristics, particularly
when those uses are located near residential areas or in other inappropriate
locations, or without sufficient showing that those uses in a specified
location will comply with the conditions and standards for the location
and operation of those uses. Therefore, special regulation of these
objectionable adult uses is deemed necessary to ensure that adverse
effects will not contribute to the blighting or downgrading of the
Township of Evesham. In no way is the fact that the Township of Evesham
regulates any or all of the adult uses described herein, or prohibits
or allows them in the various zoning districts, to be construed as
approval of or condoning of those uses.
(b)
No lawful adult use shall be located within
1,000 feet of any residential district, single-family or multifamily
dwelling; within 1,000 feet of any existing house of worship; within
1,000 feet of any religious, charitable or nonprofit institution,
public community center, park, playground, recreation center, or similar
use; within 1,000 feet of any premises licensed for the sale or distribution
of alcoholic beverages; or within 1,000 feet of any public or private
school, nursery or child-care center. The foregoing distance limitations
shall be measured by a straight line drawn from the nearest point
of the lot boundary on which the proposed adult use is to be located
to the nearest point of the lot or district boundary, as the case
may be, of the other use or district, and those uses, district boundary
lines and dimensions shall be indicated on the submitted site plan.
No permitted adult use shall be located within 1,000 feet of any existing
residential use or residential zone in the Township of Evesham or
in any contiguous municipality.
(c)
Adult uses must be located in a freestanding
building which will include a buffer zone to separate it from family-oriented
businesses.
(d)
Adult uses in buildings having a capacity of
50 or more persons are excluded from all zones.
(f)
Signs shall meet the requirements specified
for industrial park activities in the IP District; additionally, no
specified anatomical areas or specified sexual activity shall be shown,
described or depicted on any signs, advertisements, displays or exhibits
that are visible from outside the building.
(g)
The interior of the adult use building shall
be designed so that no interior contents of the building are visible
at any time from the outside through windows, door openings or in
any other manner.
(h)
The interior of any building in which an adult
use is located shall be adequately lighted and shall be constructed
so that every portion thereof is readily visible without obstruction
to the clerk or other person in charge of the building from the counter,
booth, cash register or other place where the person is normally stationed.
(i)
All other applicable requirements of the IP
District and of the Zoning and Land Development Ordinances of Evesham
Township shall be met.
(j)
Hours of operation shall not be earlier than
9:00 a.m. nor later than 12:00 midnight, prevailing time, on weekdays,
and no operation shall be permitted on Saturdays and Sundays.
(8)
Billboards.
(a)
Billboards, including all off-premises advertising
signs, are permitted in the IP District only.
(b)
All standards applicable to freestanding signs
in the applicable district shall be applicable to billboards, specifically
including requirements regarding height, area, buffers and setback.
(c)
Billboards shall require site plan approval
from the Board.
(d)
The site plan shall require the provision and
maintenance of a clear sight triangle whenever located on a corner
lot.
(e)
It is hereby determined that billboards are
not appropriate for inclusion in certain districts where the character,
identity and integrity of the district could be adversely affected
by such signs. Accordingly, no billboards shall be permitted in any
district other than the IP District.
(f)
All other development standards of the IP District
shall be satisfied.
(9)
Car washes.
(a)
The principal building shall be a minimum of
2,500 square feet, and the total floor area of the principal building
shall not be more than 20% of the total lot area.
(b)
All mechanical activities must be conducted
within a totally enclosed building.
(d)
One sign shall be permitted, either freestanding
or attached, not exceeding an area equivalent to 5% of the first floor
portion of the front facade or 75 square feet, whichever is smaller.
Freestanding signs shall be set back at least 25 feet from all street
and lot lines.
(e)
All of the other area, yard, building coverage,
height and general requirements of the respective zone must be met.
(f)
Other development standards of the applicable
zone shall be satisfied.
(10)
Public, private or parochial educational institutions.
(a)
Public and private schools offering early childhood,
elementary and/or secondary secular or religious education instruction
and approved by the State of New Jersey shall be located on a lot
of no less than two acres in size or twice the minimum lot size of
the zone within which such use is conditionally permitted, with a
minimum lot width of 200 feet.
(b)
No building shall be located within 50 feet
of a lot line.
(c)
No accessory use shall be located within 25
feet of a lot line.
(d)
The use shall have direct access to a street
classified as other than a local street as shown in the Evesham Township
Master Plan.
(e)
A planted buffer area of not less than 15 feet
in depth and fencing or both shall be required between all parking
areas, outdoor facilities and adjacent lot lines. This provision may
be waived if natural topography, wetlands or other natural or man-made
features adequately separate parking areas from adjoining residentially
zoned land.
(f)
Parking shall be required in accordance with the standards set forth in Chapter 160, Zoning. Sufficient space for school bus loading and unloading shall be provided.
(g)
Other development standards of the applicable
district shall be satisfied.
(11)
New automobile sales and service facilities.
(12)
Fraternal organizations.
(a)
Minimum lot size shall be two acres.
(b)
Minimum frontage shall be 150 feet.
(c)
Minimum front yard setback shall be 50 feet.
(d)
Minimum side yard setback shall be 25 feet.
(e)
Minimum rear yard setback shall be 30 feet.
(f)
Off-street parking requirements shall meet the standards provided elsewhere in Chapter 160, Zoning.
(g)
Buffers shall comply with those of office uses.
(13)
Fast food without drive-through or window facilities.
[Amended 8-10-2010 by Ord. No. 18-8-2010]
(a)
The restaurant shall be either situated as one of the stores in an
existing shopping center development or shall be newly constructed
in a manner such that it shall be physically attached to a shopping
center structure. Such shopping center must be a minimum of 8,000
square feet.
(b)
The restaurant must provide trash and recycling receptacles both
inside and outside the building. Those receptacles placed outside
must be secured and visually compatible with the overall development.
(c)
If outdoor seating is proposed, the applicant must demonstrate that
a clear sidewalk area a minimum of six feet in width will be maintained.
(d)
Signage shall conform to the zone district.
(14)
Arcades.
(a)
There shall be 60 square feet of operating area
for each machine. The calculation of the operating area shall exclude
any area of the premises which is used for other purposes, such as
for eating, toilet facilities and other uses not directly associated
with or essential to the amusement machines, but shall include access
and walkways primarily serving the machine.
(b)
A minimum of 1,500 square feet of operating
area shall exist.
(c)
A maximum total number of machines shall be
40.
(d)
Off-street parking shall be provided at a ratio
of one off-street space for each two licensed machines.
(e)
Adequate special parking facilities for bicycles,
mopeds and motorcycles shall be provided as determined by the Planning
Board as part of site plan review.
(f)
No such enterprise shall be located closer than
1,000 feet to a primary or secondary school, measured door to door.
(g)
No sound from any licensed machines shall be
discernible in any adjacent premises.
(h)
Food and beverages may be prepared and/or dispensed
as an accessory use to a primary use, provided that the amount of
area devoted to the storage, preparation, serving and consumption
shall not exceed 25% of the gross floor area of the primary use and
shall comply with all other applicable ordinances.
(i)
No device shall be placed within 30 feet of
an entry or exit of the premises.
(j)
In considering the approval of such premises
as a conditional use, the Planning Board shall consider the potential
impact of the use at the proposed location on such factors as traffic
circulation and safety, the impact on surrounding businesses and residences
and any potential detrimental effects to the health, safety and welfare
of the citizens of Evesham Township.
(15)
Single-family detached dwellings served by a
centralized wastewater collection facility.
(a)
The minimum lot area for a single-family detached
dwelling shall be six acres.
(b)
The lot proposed for development, together with
all contiguous lands in common ownership, shall be considered as one
parcel.
(c)
A maximum of one single-family detached dwelling
may be developed. All development must meet the standards contained
in N.J.A.C. 7:50-6, with the exception of N.J.A.C. 7:50-6.84(a)4.
(d)
The parcel proposed for development must adjoin
the RG-1, RG-2 or OP Zones.
(e)
Sewer service may be provided to existing uses
on the parcel but must be provided to any existing use which does
not meet the standards of N.J.A.C. 7:50-6.
(f)
The physical connections to the sewer collection
system must be designed and located in such a way that they do not
facilitate future connections to parcels not otherwise qualifying
for sewer service as a conditional use.
(g)
The remainder of the parcel not assigned to
individual residential lots, including all contiguous lands in common
ownership, shall be dedicated as open space through recordation of
a restriction on the deed to the property with no further development
permitted except agriculture, forestry and low-intensity recreational
uses or consistent with any future rezoning of the parcel by the Township
if approved by the Pinelands Commission.
(16)
Theaters.
(a)
For theater uses requiring more than 300 parking
spaces, unimpeded access (both ingress and egress) shall be provided
from the property upon which the theater use is located directly onto
a major arterial street. To provide the direct access required under
this section, the property upon which the theater structure is located
must be contiguous and adjacent to a major arterial street, and the
direct access must be located within the frontage of the theater property
along and upon a major arterial street.
(b)
A safety and security plan shall be submitted
identifying measures to be followed in the operation of the premises,
including, but not limited to, the following: number of security guards,
fire evacuation plans, emergency vehicle access and measures for patron
safety.
(c)
A pedestrian circulation plan including sidewalks,
bikeways, bikepaths and other facilities required by the Evesham Township
Master Plan and this chapter shall be submitted to adequately separate
vehicular movements from pedestrian traffic within the site proposed
for development.
(d)
The required traffic impact study report (§ 15-26) must demonstrate that the conditional use will not adversely impact traffic safety and/or traffic levels of service in the surrounding neighborhoods.
(e)
A site signage plan shall be submitted at the
time of preliminary application. This plan must include site directional,
informational, attached, freestanding, and safety signage. Colors,
materials, height, and methods of illumination must be included.
(f)
Freestanding signs shall be limited to a theater
identification sign. A list of individual movies or events shall not
be permitted.
(g)
Attached signs shall be limited to a total square
footage not to exceed 200 square feet for the purpose of identifying
the movies or events in the theater.
(h)
In addition to the buffering requirements of § 160-17, the proposed conditional use must satisfy the following distances from existing adjoining zones or uses, measured from the outbound property line of the site proposed for development:
(i)
A patron pickup and dropoff area, consisting
of a minimum of two physically separated fourteen-foot-wide, one-way
lanes shall be provided adjacent to the building facade containing
the main theater entrance, in a location which does not interfere
with the vehicular or pedestrian circulation that would otherwise
be required. Short-term stopping spaces provided in these dropoff
lanes shall be in addition to the number of required off-street parking
spaces and shall only be used for pickup and dropoff of passengers.
(17)
Outdoor storage. Outdoor storage of any kind
as an accessory use of a nonresidential use, as permitted by the district.
(a)
Outside storage shall be located no closer than
100 feet to any street, or, if located in a side yard area along a
building, it must be behind the front half (based on the average building
depth) of the building, whichever results in a greater setback.
(b)
If outside storage is proposed for the side
yard along a building or behind the front yard area of a corner lot,
it must be screened with a wall, solid fence or berm to a height no
greater than eight feet. This screening must be accompanied by landscaping,
which must include a combination of evergreen and deciduous materials
designed in conjunction with the overall site landscaping plan.
(c)
Materials stacked within an outside storage
area shall not be stacked higher than the height of the screening
material or eight feet, whichever is less.
(d)
Outside storage shall be placed at least 20
feet from any property line, except in the rear yard area, where the
setback may be reduced to 10 feet where the length and use of the
lot and the nature of the adjoining uses make the full setback not
practical or not necessary.
(e)
Outdoor storage shall not cover more than 10%
of the lot.
(f)
Outdoor storage adjacent to a residential district or use shall be screened to the same extent as described for a high screen in § 160-17D(6)(b).
(g)
A request for outside storage must be accompanied
by a complete site plan, landscaping plan and cross sections, where
appropriate. If planned for an area adjacent to a residential district
or use, the plan must indicate the location of all residential structures
within 200 feet of all property lines, and a general description and
plan of the existing vegetation along the common boundary line must
be provided.
(18)
Apartments as accessory uses.
(a)
Where provided in this chapter, apartments are
permitted only when accessory to the permitted uses in a district.
(b)
Apartments may not be located on the first floor.
(c)
No more than four apartments shall be provided
as accessory uses on any one lot.
(d)
The floor area of a structure devoted to accessory
apartments must be less than the floor area devoted to the principal
permitted use.
(e)
Parking shall be provided in accordance with
the New Jersey Residential Site Improvement Standards.
(19)
Helistops. Helistops, when authorized by the Planning Board as a conditional accessory use, are subject to the standards set forth in § 161-1B and the following requirements:
[Added 8-10-2010 by Ord. No. 17-8-2010; amended 4-12-2011 by Ord. No. 7-4-2011]
(a)
A helistop may be permitted by the Planning Board as a conditional
accessory use when the principal use is an approved industrial or
office use in the C-1 Commercial or IP Industrial Park Zoning Districts.
(b)
The site must be located within one mile of the center line
of New Jersey State Highway Route 73, measured in a straight line.
(c)
Such facility shall meet all of the requirements for the issuance
of a helistop private use license, by the Division of Aeronautics,
Department of Transportation, State of New Jersey.
(d)
Flights from the proposed helistop, including landings and takeoffs,
will conform to all federal laws and regulations of the Federal Aviation
Administration.
(e)
With regard to the landing and takeoff pads or sites:
[1]
They shall not exceed 150 feet in width in the C-1 Commercial
or IP Industrial Park Zoning Districts.
[2]
They shall be of dust-free surface (such as properly maintained
grass) or pavement but, if pavement, shall conform to specifications
required for construction of local streets.
[3]
Flight patterns for helistop approaches and departures should
follow Route 73 and Route 70 whenever possible so as to minimize disturbance
to residential areas.
[4]
Adequate parking for the helistop shall be provided as approved
by the Planning Board.
[5]
Landing pads must be set back a minimum of 15 feet from a lot line adjoining a nonresidential use or zoning district and must be set back a minimum of 40 feet from a lot line adjoining a residential use or zoning district. Buffering and screening must be provided consistent with the requirements of § 160-17. Where a planned office or industrial development includes more than one tax lot and is under common ownership and management, the planned development may be considered one lot for the purposes of this subsection.
[6]
A helistop in the Commercial or Industrial Park Districts shall
not include a hangar and repair facility.
(f)
All helistops shall permit use by police and medical emergency
helicopters.
(g)
Takeoffs and landings shall be prohibited between the hours
of 10:00 p.m. and 7:00 a.m.
(h)
Fueling facilities shall not be permitted.
(i)
Fencing may be required in accordance with the standards set
forth by the Federal Aviation Administration.
(j)
Identification markings shall be placed flush on the landing
and takeoff pad. Company logos may be used on single user helistops.
Letter and logo marking shall not exceed 50 feet by 40 feet.
(k)
Rooftop helistops are prohibited.
(l)
Wind socks and other navigational instruments are permitted,
but may not exceed 25 feet in height.
(m)
Adjacent tall buildings and similar objects in the flight path
may be marked for safety purposes if required by outside agencies.
(n)
A directional and safety sign program shall be submitted with
the application.
(o)
A primary approach/takeoff path alignment with the prevailing
winds shall be designated.
(20)
Fast
food with drive-through or window facilities.
[Added 8-10-2010 by Ord. No. 18-8-2010]
(a)
The restaurant shall be either situated as one of the stores
in an existing shopping center development or shall be newly constructed
in a manner such that it shall be physically attached to the existing
shopping center structure.
(b)
Such shopping center development shall be situated on a site
not less than 2.5 acres (108,900 square feet) in size and shall consist
of structures not less than 20,000 square feet of floor area.
(c)
The applicant shall submit traffic studies to establish the
nature and extent of the anticipated customer volume and that such
volume can be accommodated at the proposed location without substantial
adverse impact upon the required or existing on-site parking and on
vehicular movements within the shopping center complex as a whole.
(d)
For drive-through restaurants, one freestanding menu board sign
is permitted in addition to other permitted signs, not to exceed 24
square feet.
[Amended 5-26-2015 by Ord. No. 14-5-2015]
(e)
Drive-through lanes must be buffered from adjacent properties
with evergreen trees. If adjacent properties are residential, a fence
will also be required.
(f)
If constructed as a new or additional structure, the facility
shall be structurally and aesthetically integrated with the overall
development, including but not limited to such considerations as materials,
color, and height. Under no circumstances shall the restaurant be
constructed as a freestanding building unless it is an expansion of
an existing freestanding structure.
(g)
Signage shall conform to the zone district.
(h)
For property in the C-1 Zoning District, south of Evesham Road
and Marlton Parkway, restaurants with drive-through facilities are
permitted in a stand-alone building, provided that the following conditions
are met:
[Added 5-26-2015 by Ord.
No. 14-5-2015]
[1]
The minimum lot size shall be 2 1/2 acres.
[2]
The minimum frontage shall be 300 feet.
[3]
The lot coverage shall not exceed 60%.
[4]
One freestanding menu board sign is permitted in addition to
the other permitted signs, not to exceed 24 square feet. Other signs
shall conform to the sign requirements for the C-1 Zoning District.
[5]
Drive-through lanes shall be buffered from adjacent properties
with evergreen trees. If adjacent properties are residential, a six-foot-high
solid opaque fence is also required.
[6]
Drive-through lanes must be a minimum of 50 feet from rear property
lines and must be buffered as appropriate to the location.
[7]
Drive-through lanes must provide adequate vehicle stacking and
a bypass opportunity.
[8]
Fast-food restaurants must comply with the design requirements
for the area overall and must be integrated as to building design,
materials, color, lighting, and height.
[9]
The restaurant must provide trash and recycling receptacles
both inside and outside the building for use by patrons. Those receptacles
placed outside must be secured and visually compatible with the overall
development.
[10]
If outdoor seating is proposed, the applicant
must demonstrate that a clear sidewalk area a minimum of six feet
in width will be maintained.
(21)
Nonclustered single-family detached dwellings. Single-family detached dwellings in the FA, FW, RD-1, RD-2, RD-3 or EP Districts which are not clustered in accordance with the standards of § 160-19D may be permitted as a conditional use, provided that:
[Added 7-25-2012 by Ord. No. 20-7-2012]
(a)
The Planning Board finds that:
(22)
A
cannabis retailer when authorized by the Planning Board as a conditional
use within the Evesham Crossroads Overlay District, is subject to
the following requirements:
[Added 8-11-2021 by Ord. No. 31-8-2021]
(a)
Such facility shall meet all of the requirements for licensure by
the Cannabis Regulatory Commission.
(b)
The site shall have frontage on a state highway.
(c)
The following separation distances are provided such that no public
entrance into a cannabis retail store may be located any closer than
the following specified distances from the respective land use types:
(d)
No cannabis retail store shall be closer than 1,000 feet from the
property line of any existing public or parochial school, private
school, college, or child-care center.
(e)
No cannabis retail store or site shall be closer than 500 feet from
the property line of any existing public parks, and/or other public
building.
(f)
Adequate on-site security shall be demonstrated, including waste
materials.
(g)
Adequate odor control, neutralization or elimination processes to
mitigate against off-site odors from the possession, storage and sale
of cannabis on the retail premises.
(h)
Nothing herein shall permit the retail sale, dispensing or delivery
of cannabis, usable cannabis or cannabis products to consumers, or
the direct point sale dispensing or delivery of medical cannabis products
to qualifying patients, by any person or entity, except for:
[1]
Those persons duly licensed by the state as a cannabis retailer,
cannabis delivery service or alternative treatment center; or
[2]
Employees of such licensees, subject to such employees satisfying
the qualifications established by the Cannabis Regulatory Commission
to engage in such employment with such licensees.
(23)
a
cannabis retailer, cannabis cultivator, cannabis delivery service,
cannabis distributor, cannabis manufacturer, cannabis testing facility
or cannabis wholesaler when authorized by the Planning Board as a
conditional use in the Industrial Park District, is subject to the
following requirements:
[Added 8-11-2021 by Ord. No. 31-8-2021]
(a)
Such facility shall meet all of the requirements for licensure by
the Cannabis Regulatory Commission.
(b)
The following separation distances are provided such that no public
entrance into a cannabis facility may be located any closer than the
following specified distances from the respective land use types:
(c)
No cannabis facility shall be closer than 1,000 feet from the property
line of any existing public or parochial school, private school, college,
or child-care center.
(d)
No cannabis facility or site shall be closer than 500 feet from the
property line of any existing public parks, and/or other public building.
(e)
Adequate on-site security shall be demonstrated, including waste
materials.
(f)
Adequate odor control, neutralization and/or elimination processes
to mitigate against off-site odors from the possession, storage and
sale of cannabis on the commercial premises.
(g)
Nothing herein shall permit the retail sale, dispensing or delivery
of cannabis, usable cannabis or cannabis products to consumers, or
the direct point sale dispensing or delivery of medical cannabis products
to qualifying patients, by any person or entity, except for:
[1]
Those persons duly licensed by the state as a cannabis retailer,
cannabis delivery service or alternative treatment center; or
[2]
Employees of such licensees, subject to such employees satisfying
the qualifications established by the Cannabis Regulatory Commission
to engage in such employment with such licensees.
[Amended 6-16-2015 by Ord. No. 19-6-2015; 12-18-2018 by Ord. No. 25-12-2018]
A.
Background and purpose. The Evesham Township Planning Board has adopted
a Housing Element and Fair Share Plan pursuant to the Municipal Land
Use Law at N.J.S.A. 40:55D-1 et seq. (hereinafter "Fair Share Plan").
The Fair Share Plan was subsequently endorsed by Township Council.
The Fair Share Plan describes how Evesham Township will address its
obligation to provide low- and moderate-income housing as set forth
in the Fair Share Plan itself, the settlement agreement entered into
between the Township and Fair Share Housing Center on August 16, 2018
(the "FSHC settlement agreement"), and the court order approving same;
which was entered by the Court on August 23, 2018, after a properly
noticed fairness hearing. This section of the Township Code is intended
to provide assurances that low- and moderate-income housing units
are created with controls on affordability over the restriction period
and that low- and moderate-income households or individuals shall
occupy those units.
B.
Applicability. These affordable housing regulations shall apply to
all affordable housing units that currently exist or that are constructed
or created in Evesham Township, including affordable housing units
funded through low-income housing tax credit financing.
C.
Monitoring and reporting requirements. Evesham Township shall comply
with the following monitoring and reporting requirements regarding
the status of the implementation of its Housing Element and Fair Share
Plan:
(1)
Beginning on August 16, 2019, and on every anniversary of that date
through 2025, the Township agrees to provide annual reporting of its
Affordable Housing Trust Fund activity to the New Jersey Department
of Community Affairs, Council on Affordable Housing, or Local Government
Services, or other entity designated by the State of New Jersey, with
a copy provided to Fair Share Housing Center (FSHC) and posted on
the municipal website, using forms developed for this purpose by the
New Jersey Department of Community Affairs (NJDCA), Council on Affordable
Housing (COAH), Local Government Services (NJLGS), or the Special
Master. The reporting shall include an accounting of all Affordable
Housing Trust Fund activity, including the source and amount of funds
collected and the amount and purpose for which any funds have been
expended.
(2)
Beginning on August 16, 2019, and on every anniversary of that date
through July 1, 2025, the Township agrees to provide annual reporting
of the status of all affordable housing activity within the municipality
through posting on the municipal website with a copy of such posting
provided to Fair Share Housing Center using forms developed for this
purpose by the New Jersey Department of Community Affairs (NJDCA),
Council on Affordable Housing (COAH), or Local Government Services
(NJLGS), or any other forms endorsed by the Special Master.
(3)
The Fair Housing Act includes two provisions regarding action to
be taken by the Township during the ten-year period of protection
provided in the settlement agreement with FSHC. The Township will
comply with those provisions as follows:
(a)
For the midpoint realistic opportunity review due on July 1,
2020, as required pursuant to N.J.S.A. 52:27D-313, the Township will
post on its municipal website, with a copy provided to Fair Share
Housing Center, a status report as to its implementation of its plan
and an analysis of whether any unbuilt sites or unfulfilled mechanisms
continue to present a realistic opportunity. Such posting shall invite
any interested party to submit comments to the Township, with a copy
to Fair Share Housing Center, regarding whether any sites no longer
present a realistic opportunity and should be replaced. Any interested
party may by motion request a hearing before the Court regarding these
issues.
(b)
For the review of very-low-income housing requirements required
by N.J.S.A. 52:27D-329.1, within 30 days of the third anniversary
of the settlement agreement with FSHC, and every third year thereafter,
the Township will post on its municipal website, with a copy provided
to Fair Share Housing Center, a status report as to its satisfaction
of its very-low-income requirements, including the family very-low-income
requirements referenced herein. Such posting shall invite any interested
party to submit comments to the Township and Fair Share Housing Center
on the issue of whether the Township has complied with its very-low-income
housing obligation under the terms of the settlement agreement with
FSHC.
D.
ACT
ADAPTABLE
ADMINISTRATIVE AGENT
AFFIRMATIVE MARKETING
AFFORDABILITY AVERAGE
AFFORDABLE
AFFORDABLE DEVELOPMENT
AFFORDABLE HOUSING DEVELOPMENT
AFFORDABLE HOUSING PROGRAM(S)
AFFORDABLE UNIT
AGE-RESTRICTED UNIT
AGENCY
ALTERNATIVE LIVING ARRANGEMENT
ASSISTED LIVING RESIDENCE
CERTIFIED HOUSEHOLD
COAH
DCA
DEFICIENT HOUSING UNIT
DEVELOPER
DEVELOPMENT
INCLUSIONARY DEVELOPMENT
LOW-INCOME HOUSEHOLD
LOW-INCOME UNIT
MAJOR SYSTEM
MARKET-RATE UNITS
MEDIAN INCOME
MODERATE-INCOME HOUSEHOLD
MODERATE-INCOME UNIT
NON-EXEMPT SALE
RANDOM SELECTION PROCESS
REGIONAL ASSET LIMIT
REHABILITATION
RENT
RESTRICTED UNIT
UHAC
VERY-LOW-INCOME HOUSEHOLD
VERY-LOW-INCOME UNIT
WEATHERIZATION
Definitions. The following terms, when used in this chapter, shall
have meanings given in this section:
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.) as has been subsequently amended.
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
The entity responsible for the administration of affordable
units in accordance with this chapter, applicable COAH regulations
and the Uniform Housing Affordability Controls (UHAC)(N.J.A.C. 5:80-26.1
et seq.).
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
A sales price or rent within the means of a low- or moderate-income
household as defined by COAH in its applicable regulations (N.J.A.C.
5:93-7.4) or an equivalent controlling New Jersey state agency; in
the case of an ownership unit, that the sales price for the unit conforms
to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended
and supplemented, and, in the case of a rental unit, that the rent
for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12,
as may be amended and supplemented.
A housing development all or a portion of which consists
of restricted units.
A development included in the Township's Fair Share Plan
or otherwise intended to address the Township's fair share obligation,
and includes, but is not limited to, an inclusionary development,
a municipal construction project, or a 100-percent affordable development.
Any mechanism in the Township's Fair Share Plan prepared
or implemented to address the Township's fair share obligation.
A housing unit proposed or created pursuant to the Act, credited
pursuant to applicable COAH regulations, the FSHC settlement agreement,
or an order of the Court.
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that: 1) all the residents of the development where the unit
is situated are 62 years or older; or 2) at least 80% of the units
are occupied by one person that is 55 years or older; or 3) the development
has been designated by the Secretary of the U.S. Department of Housing
and Urban Development as "housing for older persons" as defined in
Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
A structure in which households live in distinct bedrooms,
yet share kitchen and plumbing facilities, central heat and common
areas. Alternative living arrangements include, but are not limited
to, transitional facilities for the homeless; Class A, B, C, D and
E boarding homes as regulated by the State of New Jersey Department
of Community Affairs; residential health care facilities as regulated
by the New Jersey Department of Health; group homes for the developmentally
disabled and mentally ill as licensed and/or regulated by the New
Jersey Department of Human Services; and congregate living arrangements.
A facility licensed by the New Jersey Department of Health
and Senior Services to provide apartment-style housing and congregate
dining and to assure that assisted living services are available when
needed for four or more adult persons unrelated to the proprietor
and that offers units containing, at a minimum, one unfurnished room,
a private bathroom, a kitchenette and a lockable door on the unit
entrance.
A household that has been certified by an administrative
agent as a low-income household or moderate-income household.
The New Jersey Council on Affordable Housing.
The State of New Jersey Department of Community Affairs that
was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301
et seq.).
A housing unit with health and safety code violations that
require the repair or replacement of a major system. A major system
includes weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint
abatement and/or load bearing structural systems.
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development including the holder
of an option to contract or purchase, or other person having an enforceable
proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
A development containing both affordable units and market
rate units. This term includes, but is not necessarily limited to,
new construction, the conversion of a nonresidential structure to
residential and the creation of new affordable units through the reconstruction
of a vacant residential structure.
A household with a total gross annual household income equal
to 50% or less of the median household income.
A restricted unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building which
include, but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement or load-bearing structural systems.
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
The median income by household size for the applicable county,
as adopted annually by the Department.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income
household.
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a class A
beneficiary and the transfer of ownership by court order.
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by the Department's adopted Regional Income Limits published
annually by the Department.
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted living residences, rent does
not include charges for food and services.
A dwelling unit, whether a rental unit or ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
A household with a total gross annual household income equal
to 30% or less of the median household income.
A restricted unit that is affordable to a very-low-income
household.
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for rehabilitation.
E.
Mandatory Affordable Housing Set-aside in Future Residential Developments
Permitted by Rezoning or Variance at Density of Six Dwelling Units/Acre
or More.
(1)
If the Township or its Planning Board or Zoning Board permit, either
through future rezonings or the grant of variances, multifamily or
single-family attached residential development not already included
in the Third Round Fair Share Plan, that is "approvable" and "developable"
as defined in N.J.A.C. 5:93-1, et seq. at a gross density of six units
to the acre or more, the Township and/or the Planning Board or Zoning
Board shall require that an appropriate percentage of the residential
units be set-aside for low- and moderate-income households.
(2)
This requirement shall apply to any multifamily or single-family
attached residential development, including the residential portion
of a mixed-use project, which consists of six or more new residential
units, whether permitted by a zoning amendment, a variance granted
by the Township's Planning or Zoning Board, or adoption of a redevelopment
plan or amended redevelopment plan in areas in need of redevelopment
or rehabilitation.
(3)
Nothing herein precludes the Township from imposing an affordable
housing set-aside in a development not required to have a set-aside
pursuant to the provisions hereof consistent with N.J.S.A. 52:27D-311(h)
and other applicable law.
(4)
For inclusionary projects in which low- and moderate-income units
are to be offered for sale, the appropriate set-aside percentage is
20%; for inclusionary projects for which the low- and moderate-income
units are to be offered for rent, the appropriate set-aside percentage
is 15%.
(5)
This requirement does not create any entitlement for a property owner
or applicant for a zoning amendment, variance, or adoption of a redevelopment
plan or amended redevelopment plan in areas in need of redevelopment
or rehabilitation, or for approval of any particular proposed project.
This requirement does not apply to any sites or specific zones otherwise
identified in the settlement agreement with FSHC or Fair Share Plan,
for which density and set-aside standards shall be governed by the
specific standards set forth therein. A property shall not be permitted
to be subdivided so as to avoid meeting the above affordable housing
requirement.
F.
Alternative living arrangements.
(1)
The administration of an alternative living arrangement shall be
in compliance with N.J.A.C. 5:93-5.8 and UHAC, with the following
exceptions:
(a)
Affirmative marketing (N.J.A.C. 5:80-26.15); provided, however,
that the units or bedrooms may be affirmatively marketed by the provider
in accordance with an alternative plan approved by the Special Master
and/or the Court;
(b)
Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3).
(2)
With the exception of units established with capital funding through
a twenty-year operating contract with the Department of Human Services,
Division of Developmental Disabilities, alternative living arrangements
shall have at least thirty-year controls on affordability in accordance
with UHAC, unless an alternative commitment is approved by the Court.
(3)
The service provider for the alternative living arrangement shall
act as the administrative agent for the purposes of administering
the affirmative marketing and affordability requirements for the alternative
living arrangement unless an alternative means of administering the
unit(s) is agreed upon by the Township and the service provider.
G.
Phasing for Inclusionary Housing. Inclusionary developments shall
be subject to the following schedule, except where an alternate phasing
schedule has been incorporated into a development or redevelopment
agreement:
|
Maximum Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
|---|---|
|
25%
|
0%
|
|
25% + 1
|
10%
|
|
50
|
50%
|
|
75
|
75%
|
|
90%
|
100%
|
H.
New construction.
(1)
Low/moderate split and bedroom distribution of affordable housing
units:
(a)
The fair share obligation shall be divided equally between low-
and moderate-income units, except that where there is an odd number
of affordable housing units, the extra unit shall be a low-income
unit.
(b)
At least 13% of all affordable units in the Township, with the
exception of units constructed as of July 1, 2008, and units subject
to preliminary or final site plan approval as of July 1, 2008, shall
be designated for very-low-income households at 30% of the median
income, with at least 50% of all very-low-income units being available
to families. Very-low-income units shall be considered low-income
units for the purposes of evaluating compliance with the required
low/moderate income unit splits, bedroom distribution, and phasing
requirements of this chapter.
(c)
In each affordable development, at least 50% of the restricted
units within each bedroom distribution shall be very-low- or low-income
units.
(d)
Affordable developments that are not age-restricted shall be
structured in conjunction with realistic market demands such that:
[1]
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total low- and moderate-income units;
[2]
At least 30% of all low- and moderate-income units shall be
two-bedroom units;
[3]
At least 20% of all low- and moderate-income units shall be
three-bedroom units; and
[4]
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
(e)
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
low- and moderate-income units within the inclusionary development.
This standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit. In the case of congregate
living arrangements, studio units may account for all of the affordable
units.
(2)
Accessibility requirements:
(a)
The first floor of all restricted townhouse dwelling units and
all restricted units in all other multistory buildings shall be subject
to the technical design standards of the Barrier Free Subcode, N.J.A.C.
5:23-7.
(b)
All restricted townhouse dwelling units and all restricted units
in other multistory buildings in which a restricted dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
[1]
An adaptable toilet and bathing facility on the first floor;
and
[2]
An adaptable kitchen on the first floor; and
[3]
An interior accessible route of travel on the first floor; and
[4]
An adaptable room that can be used as a bedroom, with a door
or the casing for the installation of a door, on the first floor;
and
[5]
If not all of the foregoing requirements in Subsection H(2)(b)[1] through [4] can be satisfied, then an interior accessible route of travel must be provided between stories within an individual unit, but if all of the terms of Subsection H(2)(b)[1] through [4] above have been satisfied, then an interior accessible route of travel shall not be required between stories within an individual unit; and
[6]
An accessible entranceway as set forth at P.L. 2005, c. 350
(N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C.
5:23-7, or evidence that Evesham Township has collected funds from
the developer sufficient to make 10% of the adaptable entrances in
the development accessible:
[a]
Where a unit has been constructed with an adaptable
entrance, upon the request of a disabled person who is purchasing
or will reside in the dwelling unit, an accessible entrance shall
be installed.
[b]
To this end, the builder of restricted units shall
deposit funds within the Township of Evesham's Affordable Housing
Trust Fund sufficient to install accessible entrances in 10% of the
affordable units that have been constructed with adaptable entrances.
[c]
The funds deposited under Subsection H(2)(b)[6] above shall be used by the Township of Evesham for the sole purpose of making the adaptable entrance of an affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
[d]
The developer of the restricted units shall submit
a design plan and cost estimate to the Construction Official of Evesham
Township for the conversion of adaptable to accessible entrances.
[e]
Once the Construction Official has determined that
the design plan to convert the unit entrances from adaptable to accessible
meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7,
and that the cost estimate of such conversion is reasonable, payment
shall be made to the Township's Affordable Housing Trust Fund in care
of the Township Treasurer who shall ensure that the funds are deposited
into the Affordable Housing Trust Fund and appropriately earmarked.
[7]
Full compliance with the foregoing provisions shall not be required
where an entity can demonstrate that it is "site impracticable" to
meet the requirements. Determinations of site impracticability shall
be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.
(3)
Design.
(a)
In inclusionary developments, to the extent possible, low- and
moderate-income units shall be integrated with the market units.
(b)
In inclusionary developments, low- and moderate-income units
shall have access to all of the same common elements and facilities
as the market units.
(c)
Affordable units shall utilize the same type of heating source
as market units within the affordable development.
I.
Regional income limits.
(1)
Income limits for all units that are part of Evesham Township's Housing
Element and Fair Share Plan, and for which income limits are not already
established through a federal program exempted from the Uniform Housing
Affordability Controls pursuant to N.J.A.C. 5:80-26.1, shall be updated
by the municipality annually within 30 days of the publication of
determinations of median income by HUD as follows:
(a)
Regional income limits shall be established for the region that
the municipality is located within, based on the median income by
household size, which shall be established by a regional weighted
average of the uncapped Section 8 income limits published by HUD.
To compute this regional income limit, the HUD determination of median
county income for a family of four is multiplied by the estimated
households within the county according to the most recent decennial
census. The resulting product for each county within the housing region
is summed. The sum is divided by the estimated total households from
the most recent decennial census in the municipality's housing region.
This quotient represents the regional weighted average of median income
for a household of four. The income limit for a moderate-income unit
for a household of four shall be 80% of the regional weighted average
median income for a family of four. The income limit for a low-income
unit for a household of four shall be 50% of the HUD determination
of the regional weighted average median income for a family of four.
The income limit for a very-low-income unit for a household of four
shall be 30% of the regional weighted average median income for a
family of four. These income limits shall be adjusted by household
size based on multipliers used by HUD to adjust median income by household
size. In no event shall the income limits be less than those for the
previous year.
(b)
The income limits applicable to Evesham Township shall be the result of applying the percentages set forth in Subsection I(1)(a) above to HUD's determination of median income for the most current fiscal year, and shall be utilized until the municipality updates the income limits after HUD has published revised determinations of median income for the next fiscal year.
(c)
The regional asset limit used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3 shall be calculated by the Township annually by taking the percentage increase of the income limits calculated pursuant to Subsection I(1)(a) above over the previous year's income limits, and applying the same percentage increase to the regional asset limit from the prior year. In no event shall the regional asset limit be less than that for the previous year.
J.
Maximum rents and sales prices:
(1)
In establishing rents and sales prices of affordable housing units,
the Administrative Agent shall follow the procedures set forth in
UHAC utilizing the most recently published regional weighted average
of the uncapped Section 8 income limits published by HUD and approved
by the court.
[Amended 3-24-2021 by Ord. No. 18-3-2021]
(2)
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for restricted low- and
moderate-income units shall be affordable to households earning no
more than 52% of median income.
(3)
The developers and/or municipal sponsors of restricted rental units
shall establish at least one rent for each bedroom type for both low-income
and moderate-income units. At least 13% of all low- and moderate-income
dwelling units shall be affordable to households earning no more than
30% of median income.
(4)
The maximum sales price of restricted ownership units within each
affordable development shall be affordable to households earning no
more than 70% of median income, and each affordable development must
achieve an affordability average of 55% for restricted ownership units;
in achieving this affordability average, moderate-income ownership
units must be available for at least three different prices for each
bedroom type, and low-income ownership units must be available for
at least two different prices for each bedroom type.
(5)
In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units other
than assisted living facilities, the following standards shall be
used:
(a)
A studio shall be affordable to a one-person household;
(b)
A one-bedroom unit shall be affordable to a one-and-one-half
person household;
(c)
A two-bedroom unit shall be affordable to a three-person household;
(d)
A three-bedroom unit shall be affordable to a four-and-one-half
person household; and
(e)
A four-bedroom unit shall be affordable to a six-person household.
(6)
In determining the initial rents for compliance with the affordability
average requirements for restricted units in assisted living facilities,
the following standards shall be used:
(7)
The initial purchase price for all restricted ownership units shall
be calculated so that the monthly carrying cost of the unit, including
principal and interest (based on a mortgage loan equal to 95% of the
purchase price and the Federal Reserve H.15 rate of interest), taxes,
homeowner and private mortgage insurance and condominium or homeowner
association fees do not exceed 28% of the eligible monthly income
of the appropriate size household as determined under N.J.A.C. 5:80-26.4,
as may be amended and supplemented; provided, however, that the price
shall be subject to the affordability average requirement of N.J.A.C.
5:80-26.3, as may be amended and supplemented.
(8)
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30% of the eligible monthly income of the appropriate
household size as determined under N.J.A.C. 5:80-26.4, as may be amended
and supplemented; provided, however, that the rent shall be subject
to the affordability average requirement of N.J.A.C. 5:80-26.3, as
may be amended and supplemented.
(9)
The price of owner-occupied low- and moderate-income units may increase
annually based on the percentage increase in the regional median income
limit for each housing region. In no event shall the maximum resale
price established by the administrative agent be lower than the last
recorded purchase price.
(10)
The rent levels of very-low, low- and moderate-income units
may be increased annually based on the percentage increase in the
Housing Consumer Price Index for the Northeast Urban Area, upon its
publication for the prior calendar year. This increase shall not exceed
9% in any one year. Rents for units constructed pursuant to low-income
housing tax credit regulations shall be indexed pursuant to the regulations
governing low-income housing tax credits.
(11)
If at any time, COAH (or a successor administrative agency duly
empowered by an amendment to the Fair Housing Act) begins to issue
updated annual income limits and rules for increasing sales prices
and rent levels each year, said updated income limits and rules for
increasing sales prices and rent levels each year may be used instead
of the methodology set forth herein.
(12)
Utilities. Tenant-paid utilities that are included in the utility
allowance shall be so stated in the lease and shall be consistent
with the utility allowance approved by DCA for its Section 8 program.
K.
Affirmative marketing requirements.
(1)
The Township of Evesham has adopted by resolution an Affirmative
Marketing Plan, subject to approval of the Court, compliant with N.J.A.C.
5:80-26.15, as may be amended and supplemented. The Affirmative Marketing
Plan requires direct notification of availability of affordable housing
units in Evesham to the following community and regional organizations:
Fair Share Housing Center, Fair Share Housing Development, Camden
County NAACP, The Latino Action Network, Willingboro NAACP, Burlington
County Community Action Program, Southern Burlington County NAACP,
and the Supportive Housing Association.
(2)
The Affirmative Marketing Plan is a regional marketing strategy designed
to attract buyers and/or renters of all majority and minority groups,
regardless of race, creed, color, national origin, ancestry, marital
or familial status, gender, affectional or sexual orientation, disability,
age or number of children to housing units which are being marketed
by a developer, sponsor or owner of affordable housing. The Affirmative
Marketing Plan is also intended to target those potentially eligible
persons who are least likely to apply for affordable units in that
region. It is a continuing program that directs all marketing activities
toward Housing Region 5 and covers the period of deed restriction.
(3)
The Affirmative Marketing Plan shall provide a regional preference
for all households that live and/or work in Housing Region 5, which
includes Burlington, Camden, and Gloucester Counties.
(4)
The administrative agent designated by Evesham Township shall assure
the affirmative marketing of all affordable units consistent with
the Affirmative Marketing Plan for the municipality.
(5)
In implementing the Affirmative Marketing Plan, the administrative
agent shall provide a list of counseling services to low- and moderate-income
applicants on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements, and landlord/tenant law.
(6)
The affirmative marketing process for available affordable units
shall begin at least four months prior to the expected date of occupancy.
(7)
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner,
unless otherwise determined or agreed to by the Township.
L.
Occupancy standards. In referring certified households to specific
restricted units, to the extent feasible, and without causing an undue
delay in occupying the unit, the administrative agent shall strive
to:
M.
Control periods for restricted ownership units and enforcement mechanisms.
(1)
Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each
restricted ownership unit shall remain subject to the requirements
of this Ordinance for a period of at least 30 years until Evesham
Township takes action to release the unit from such requirements;
prior to such action, a restricted ownership unit must remain subject
to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented,
for at least 30 years.
(2)
The affordability control period for a restricted ownership unit
shall commence on the date the initial certified household takes title
to the unit.
(3)
Prior to the issuance of the initial certificate of occupancy for
a restricted ownership unit and upon each successive sale during the
period of restricted ownership, the administrative agent shall determine
the restricted price for the unit and shall also determine the nonrestricted,
fair market value of the unit based on either an appraisal or the
unit's equalized assessed value.
(4)
At the time of the first sale of the unit, the purchaser shall execute
and deliver to the administrative agent a recapture note obligating
the purchaser (as well as the purchaser's heirs, successors and assigns)
to repay, upon the first non-exempt sale after the unit's release
from the requirements of this chapter, an amount equal to the difference
between the unit's nonrestricted fair market value and its restricted
price, and the recapture note shall be secured by a recapture lien
evidenced by a duly recorded mortgage on the unit.
(5)
The affordability controls set forth in this chapter shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
(6)
A restricted ownership unit shall be required to obtain a continuing
certificate of occupancy or a certified statement from the Construction
Official stating that the unit meets all code standards upon the first
transfer of title that follows the expiration of the applicable minimum
control period provided under N.J.A.C. 5:80-26.5(a), as may be amended
and supplemented.
N.
Price restrictions for restricted ownership units, homeowner association
fees and resale prices.
(1)
Price restrictions for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:
(2)
The initial purchase price for a restricted ownership unit shall
be approved by the administrative agent.
(3)
The administrative agent shall approve all resale prices, in writing
and in advance of the resale, to assure compliance with the foregoing
standards.
(4)
The method used to determine the condominium association fee amounts
and special assessments shall be indistinguishable between the low-
and moderate-income unit owners and the market unit owners.
(5)
The owners of restricted ownership units may apply to the administrative
agent to increase the maximum sales price for the unit on the basis
of capital improvements. Eligible capital improvements shall be those
that render the unit suitable for a larger household or the addition
of a bathroom.
O.
Buyer income eligibility.
(1)
Buyer income eligibility for restricted ownership units shall be
in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to 50% of median
income and moderate-income ownership units shall be reserved for households
with a gross household income less than 80% of median income. Very-low-income
units shall be reserved for households with a gross household income
of less than 30% of median income.
(2)
Notwithstanding the foregoing, the administrative agent may, upon
approval by the Township Council and subject to the Court's approval,
permit a moderate-income purchaser to buy a low-income unit if and
only if the administrative agent can demonstrate that there is an
insufficient number of eligible low-income purchasers in the housing
region to permit prompt occupancy of the unit and all other reasonable
efforts to attract a low-income purchaser, including pricing and financing
incentives, have failed. Any such low-income unit that is sold to
a moderate-income household shall retain the required pricing and
pricing restrictions for a low-income unit.
(3)
The administrative agent shall certify a household as eligible for
a restricted ownership unit when the household is a low-income household
or a moderate-income household, as applicable to the unit, and the
estimated monthly housing cost for the particular unit (including
principal, interest, taxes, homeowner and private mortgage insurance
and condominium or homeowner association fees, as applicable) does
not exceed 33% of the household's certified monthly income.
P.
Limitations on indebtedness secured by ownership unit; subordination.
(1)
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the administrative agent shall determine in writing
that the proposed indebtedness complies with the provisions of this
chapter.
(2)
With the exception of original purchase money mortgages, during a
control period neither an owner nor a lender shall at any time cause
or permit the total indebtedness secured by a restricted ownership
unit to exceed 95% of the maximum allowable resale price of that unit,
as such price is determined by the administrative agent in accordance
with N.J.A.C. 5:80-26.6(b).
Q.
Control periods for restricted rental units.
(1)
Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and
each restricted rental unit shall remain subject to the requirements
of this chapter for a period of at least 30 years, until Evesham takes
action to release the unit from such requirements. Prior to such action,
a restricted rental unit must remain subject to the requirements of
N.J.A.C. 5:80-26.1, et al. as may be amended and supplemented, for
at least 30 years.
(2)
Deeds of all real property that include restricted rental units shall
contain deed restriction language. The deed restriction shall have
priority over all mortgages on the property, and the deed restriction
shall be filed by the developer or seller with the records office
of the County of Burlington. A copy of the filed document shall be
provided to the administrative agent within 30 days of the receipt
of a certificate of occupancy.
(3)
A restricted rental unit shall remain subject to the affordability
controls of this chapter, despite the occurrence of any of the following
events:
R.
Price restrictions for rental units; leases.
(1)
A written lease shall be required for all restricted rental units,
except for units in an assisted living residence, and tenants shall
be responsible for security deposits and the full amount of the rent
as stated on the lease. A copy of the current lease for each restricted
rental unit shall be provided to the administrative agent.
(2)
No additional fees or charges shall be added to the approved rent
(except, in the case of units in an assisted living residence, to
cover the customary charges for food and services) without the express
written approval of the administrative agent.
(3)
Application fees (including the charge for any credit check) shall
not exceed 5% of the monthly rent of the applicable restricted unit
and shall be payable to the administrative agent to be applied to
the costs of administering the controls applicable to the unit as
set forth in this chapter.
S.
Tenant income eligibility.
(1)
Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13,
as may be amended and supplemented, and shall be determined as follows:
(a)
Very-low-income rental units shall be reserved for households
with a gross household income less than or equal to 30% of median
income.
(b)
Low-income rental units shall be reserved for households with
a gross household income less than or equal to 50% of median income.
(c)
Moderate-income rental units shall be reserved for households
with a gross household income less than 80% of median income.
(2)
The administrative agent shall certify a household as eligible for
a restricted rental unit when the household is a very-low-income,
low-income household or a moderate-income household, as applicable
to the unit, and the rent proposed for the unit does not exceed 35%
(40% for age-restricted units) of the household's eligible monthly
income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended
and supplemented; provided, however, that this limit may be exceeded
if one or more of the following circumstances exists:
(a)
The household currently pays more than 35% (40% for households
eligible for age-restricted units) of its gross household income for
rent, and the proposed rent will reduce its housing costs;
(b)
The household has consistently paid more than 35% (40% for households
eligible for age-restricted units) of eligible monthly income for
rent in the past and has proven its ability to pay;
(c)
The household is currently in substandard or overcrowded living
conditions;
(d)
The household documents the existence of assets with which the
household proposes to supplement the rent payments; or
(e)
The household documents proposed third-party assistance from
an outside source such as a family member in a form acceptable to
the administrative agent and the owner of the unit.
T.
Municipal Housing Liaison.
(1)
Evesham Township shall appoint a specific municipal employee to serve
as a Municipal Housing Liaison responsible for overseeing the Township's
affordable housing program, including overseeing the administration
of affordability controls on the affordable units and the affirmative
marketing of available affordable units in accordance with the Township's
Affirmative Marketing Plan; fulfilling monitoring and reporting requirements;
and supervising administrative agent(s). Evesham has adopted an ordinance
creating the position of Municipal Housing Liaison and a resolution
appointing the person to fulfill the position of Municipal Housing
Liaison. The Municipal Housing Liaison shall be appointed by the governing
body and may be a full- or part-time municipal employee. The Municipal
Housing Liaison shall be approved by the Court and shall be duly qualified
through a training program sponsored by Affordable Housing Professionals
of New Jersey before assuming the duties of Municipal Housing Liaison.
(2)
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program, including the
following responsibilities which may not be contracted out to the
administrative agent:
(a)
Serving as Evesham's primary point of contact for all inquiries
from the state, affordable housing providers, administrative agents
and interested households;
(b)
Monitoring the status of all restricted units in Evesham's Fair
Share Plan;
(c)
Compiling, verifying, submitting and posting all monitoring
reports as required by the Court and by this chapter;
(d)
Coordinating meetings with affordable housing providers and
administrative agents, as needed; and
(e)
Attending continuing education opportunities on affordability
controls, compliance monitoring and affirmative marketing at least
annually and more often as needed.
(3)
Evesham Township shall designate one or more administrative agent(s)
to administer and to affirmatively market the affordable units constructed
in the Township in accordance with UHAC and this chapter. An operating
manual for each affordable housing program shall be provided by the
administrative agent(s) to be adopted by resolution of the governing
body and subject to approval of the Court. The operating manual(s)
shall be available for public inspection in the office of the Township
Clerk, in the office of the Municipal Housing Liaison, and in the
office(s) of the administrative agent(s). The Municipal Housing Liaison
shall supervise the work of the administrative agent(s).
U.
Administrative agent. An administrative agent shall be an independent
entity serving under contract to and reporting to the municipality.
The fees of the administrative agent shall be paid by the owners of
the affordable units for which the services of the administrative
agent are required unless otherwise agreed by the Township and the
administrative agent. The administrative agent shall perform the duties
and responsibilities of an administrative agent as set forth in UHAC,
including those set forth in Sections 5:80-26.14, 16 and 18 thereof,
which includes:
(1)
Affirmative marketing:
(a)
Conducting an outreach process to affirmatively market affordable
housing units in accordance with Evesham Township's Affirmative Marketing
Plan and the provisions of N.J.A.C. 5:80-26.15; and
(b)
Providing counseling or contracting to provide counseling services
to low- and moderate-income applicants on subjects such as budgeting,
credit issues, mortgage qualification, rental lease requirements,
and landlord/tenant law.
(2)
Household certification:
(a)
Soliciting, scheduling, conducting and following up on interviews
with interested households;
(b)
Conducting interviews and obtaining sufficient documentation
of gross income and assets upon which to base a determination of income
eligibility for a low- or moderate-income unit;
(c)
Providing written notification to each applicant as to the determination
of eligibility or noneligibility;
(d)
Requiring that all certified applicants for restricted units
execute a certificate substantially in the form, as applicable, of
either the ownership or rental certificates set forth in Appendices
J and K of N.J.A.C. 5:80-26.1 et seq.;
(e)
Creating and maintaining a referral list of eligible applicant
households living in the housing region and eligible applicant households
with members working in the housing region where the units are located;
(f)
Employing a random selection process as provided in Evesham
Township's Affirmative Marketing Plan when referring households for
certification to affordable units; and
(g)
Notifying the following entities of the availability of affordable
housing units in Evesham Township: Fair Share Housing Center, Fair
Share Housing Development, Camden County NAACP, The Latino Action
Network, Willingboro NAACP, Burlington County Community Action Program,
Southern Burlington County NAACP, and the Supportive Housing Association.
(3)
Affordability controls:
(a)
Furnishing to attorneys or closing agents forms of deed restrictions
and mortgages for recording at the time of conveyance of title of
each restricted unit;
(b)
Creating and maintaining a file on each restricted unit for
its control period, including the recorded deed with restrictions,
recorded mortgage and note, as appropriate;
(c)
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the Burlington
County Register of Deeds or Burlington County Clerk's office after
the termination of the affordability controls for each restricted
unit;
(d)
Communicating with lenders regarding foreclosures; and
(e)
Ensuring the issuance of continuing certificates of occupancy
or certifications pursuant to N.J.A.C. 5:80-26.10.
(4)
Resales and rerentals:
(a)
Instituting and maintaining an effective means of communicating
information between owners and the administrative agent regarding
the availability of restricted units for resale or rerental; and
(b)
Instituting and maintaining an effective means of communicating
information to low- (or very-low-) and moderate-income households
regarding the availability of restricted units for resale or rerental.
(5)
Processing requests from unit owners:
(a)
Reviewing and approving requests for determination from owners
of restricted units who wish to take out home equity loans or refinance
during the term of their ownership that the amount of indebtedness
to be incurred will not violate the terms of this chapter;
(b)
Reviewing and approving requests to increase sales prices from
owners of restricted units who wish to make capital improvements to
the units that would affect the selling price, such authorizations
to be limited to those improvements resulting in additional bedrooms
or bathrooms and the depreciated cost of central air conditioning
systems;
(c)
Notifying the municipality of an owner's intent to sell a restricted
unit; and
(d)
Making determinations on requests by owners of restricted units
for hardship waivers.
(6)
Enforcement:
(a)
Securing annually from the municipality a list of all affordable
housing units for which tax bills are mailed to absentee owners, and
notifying all such owners that they must either move back to their
unit or sell it;
(b)
Securing from all developers and sponsors of restricted units,
at the earliest point of contact in the processing of the project
or development, written acknowledgement of the requirement that no
restricted unit can be offered, or in any other way committed, to
any person, other than a household duly certified to the unit by the
administrative agent;
(c)
Posting annually, in all rental properties (including two-family
homes), a notice as to the maximum permitted rent together with the
telephone number of the administrative agent where complaints of excess
rent or other charges can be made;
(d)
Sending annual mailings to all owners of affordable dwelling
units, reminding them of the notices and requirements outlined in
N.J.A.C. 5:80-26.18(d)4;
(e)
Establishing a program for diverting unlawful rent payments
to the municipality's Affordable Housing Trust Fund; and
(f)
Creating and publishing a written operating manual for each
affordable housing program administered by the administrative agent,
to be approved by the Township Council and the Court, setting forth
procedures for administering the affordability controls.
(7)
Additional responsibilities:
(a)
The administrative agent shall have the authority to take all
actions necessary and appropriate to carry out its responsibilities
hereunder.
(b)
The administrative agent shall prepare monitoring reports for
submission to the Municipal Housing Liaison in time to meet the Court-approved
monitoring and reporting requirements in accordance with the deadlines
set forth in this chapter.
(c)
The administrative agent shall attend continuing education sessions
on affordability controls, compliance monitoring, and affirmative
marketing at least annually and more often as needed.
V.
Enforcement of affordable housing regulations.
(1)
Upon the occurrence of a breach of any of the regulations governing
the affordable unit by an owner, developer or tenant, the municipality
shall have all remedies provided at law or equity, including but not
limited to foreclosure, tenant eviction, municipal fines, a requirement
for household recertification, acceleration of all sums due under
a mortgage, recoupment of any funds from a sale in the violation of
the regulations, injunctive relief to prevent further violation of
the regulations, entry on the premises, and specific performance.
(2)
After providing written notice of a violation to an owner, developer
or tenant of a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the municipality
may take the following action against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
(a)
The municipality may file a court action pursuant to N.J.S.A.
2A:58-11 alleging a violation, or violations, of the regulations governing
the affordable housing unit. If the owner, developer or tenant is
found by the court to have violated any provision of the regulations
governing affordable housing units, the owner, developer or tenant
shall be subject to one or more of the following penalties, at the
discretion of the court:
[1]
A fine of not more than $10,000 or imprisonment for a period
not to exceed 90 days, or both. Each and every day that the violation
continues or exists shall be considered a separate and specific violation
of these provisions and not as a continuing offense;
[2]
In the case of an owner who has rented his or her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment into the Township of Evesham Affordable Housing Trust
Fund of the gross amount of rent illegally collected;
[3]
In the case of an owner who has rented his or her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment of an innocent tenant's reasonable relocation costs,
as determined by the court.
(b)
The municipality may file a court action in the Superior Court
seeking a judgment, which would result in the termination of the owner's
equity or other interest in the unit, in the nature of a mortgage
foreclosure. Any judgment shall be enforceable as if the same were
a judgment of default of the first purchase money mortgage and shall
constitute a lien against the low- and moderate-income unit.
(c)
Such judgment shall be enforceable, at the option of the municipality,
by means of an execution sale by the Sheriff, at which time the low-
and moderate-income unit of the violating owner shall be sold at a
sale price which is not less than the amount necessary to fully satisfy
and pay off any first purchase money mortgage and prior liens and
the costs of the enforcement proceedings incurred by the municipality,
including attorney's fees. The violating owner shall have the right
to possession terminated as well as the title conveyed pursuant to
the Sheriff's sale.
(d)
The proceeds of the Sheriff's sale shall first be applied to
satisfy the first purchase money mortgage lien and any prior liens
upon the low- and moderate-income unit. The excess, if any, shall
be applied to reimburse the municipality for any and all costs and
expenses incurred in connection with either the court action resulting
in the judgment of violation or the Sheriff's sale. In the event that
the proceeds from the Sheriff's sale are insufficient to reimburse
the municipality in full as aforesaid, the violating owner shall be
personally responsible for and to the extent of such deficiency, in
addition to any and all costs incurred by the municipality in connection
with collecting such deficiency. In the event that a surplus remains
after satisfying all of the above, such surplus, if any, shall be
placed in escrow by the municipality for the owner and shall be held
in such escrow for a maximum period of two years or until such earlier
time as the owner shall make a claim with the municipality for such.
Failure of the owner to claim such balance within the two-year period
shall automatically result in a forfeiture of such balance to the
municipality. Any interest accrued or earned on such balance while
being held in escrow shall belong to and shall be paid to the municipality,
whether such balance shall be paid to the owner or forfeited to the
municipality.
(e)
Foreclosure by the municipality due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the low- and moderate-income unit. Title shall be conveyed
to the purchaser at the Sheriff's sale, subject to the restrictions
and provisions of the regulations governing the affordable housing
unit. The owner determined to be in violation of the provisions of
this plan and from whom title and possession were taken by means of
the Sheriff's sale shall not be entitled to any right of redemption.
(f)
If there are no bidders at the Sheriff's sale, or if insufficient
amounts are bid to satisfy the first purchase money mortgage and any
prior liens, the municipality may acquire title to the low- and moderate-income
unit by satisfying the first purchase money mortgage and any prior
liens and crediting the violating owner with an amount equal to the
difference between the first purchase money mortgage and any prior
liens and costs of the enforcement proceedings, including legal fees
and the maximum resale price for which the low- and moderate-income
unit could have been sold under the terms of the regulations governing
affordable housing units. This excess shall be treated in the same
manner as the excess which would have been realized from an actual
sale as previously described.
(g)
Failure of the low- and moderate-income unit to be either sold
at the Sheriff's sale or acquired by the municipality shall obligate
the owner to accept an offer to purchase from any qualified purchaser
which may be referred to the owner by the municipality, with such
offer to purchase being equal to the maximum resale price of the low-
and moderate-income unit as permitted by the regulations governing
affordable housing units.
(h)
The owner shall remain fully obligated, responsible and liable
for complying with the terms and restrictions of governing affordable
housing units until such time as title is conveyed from the owner.
W.
Appeals. Appeals from all decisions of an administrative agent appointed
pursuant to this chapter shall be filed in writing with the Superior
Court of New Jersey, Burlington County.
[Amended 11-20-2001 by Ord. No. 29-10-2001; 12-19-2006 by Ord. No.
34-12-2006; 5-19-2009 by Ord. No. 6-5-2009; 3-24-2021 by Ord. No. 17-3-2021]
The following shall apply to the collection of Affordable Housing
Development Fees in the Township of Evesham.
A.
Purpose.
(1)
In Holmdel Builder's Association v. Holmdel Township, 121 N.J.
550 (1990), the New Jersey Supreme Court determined that mandatory
development fees are authorized by the Fair Housing Act of 1985 (the
Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject
to the Council on Affordable Housing's (COAH's) adoption
of rules.
(2)
Pursuant to P.L. 2008, c. 46, section 8 (N.J.S.A. 52:27D-329.2) and
the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1
through 8.7), COAH is authorized to adopt and promulgate regulations
necessary for the establishment, implementation, review, monitoring
and enforcement of municipal affordable housing trust funds and corresponding
spending plans. Municipalities that are under the jurisdiction of
the Council or court of competent jurisdiction and have a COAH-approved
spending plan may retain fees collected from nonresidential development.
(3)
In Re: Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council
n Affordable Housing, 221 N.J. 1 (2015), also known as the Mount Laurel
IV decision, the Supreme Court remanded COAH's duties to the
Superior Court. As a result, affordable housing development fee collections
and expenditures from the municipal affordable housing trust funds
to implement municipal third Round Fair Share Plans through July 1,
2025, are under the Court's jurisdiction and are subject to approval
by the Court.
(4)
This section establishes standards for the collection, maintenance,
and expenditure of development fees pursuant to COAH's regulations
and in accordance with P.L. 2008, c. 46, Sections 8 and 32-38. Fees
collected pursuant to this section shall be used for the sole purpose
of providing low- and moderate-income housing. This section shall
be interpreted within the framework of COAH's rules on development
fees, codified at N.J.A.C. 5:93-8.
C.
AFFORDABLE HOUSING DEVELOPMENT
COAH or THE COUNCIL
DEVELOPER
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
GREEN BUILDING STRATEGIES
Definitions. The following terms, as used in this section, 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 100% affordable development.
The New Jersey Council on Affordable Housing established
under the Act which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
consideration in the state. Pursuant to the opinion and order of the
New Jersey Supreme Court dated March 15, 2015, in the matter of "In
re Adoption of N.J.A.C. 5:96 and 5:97 by N.J. Council on Affordable
Housing (M-392-14) 067126" any reference to COAH or the Council shall
be understood to refer to the Superior Court of New Jersey, Law Division,
Burlington County.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:97-8.3.
The assessed value of a property divided by the current average
ratio of assessed-to-true value for the municipality in which the
property is situated, as determined in accordance with Sections 1,
5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
Those strategies that minimize the impact of development
on the environment, and enhance the health, safety and well-being
of residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
D.
Residential development fees.
(1)
Imposed fees.
(a)
Within all zoning districts, residential developers, except
for developers of the types of development specifically exempted below,
shall pay a fee of 1.5% of the equalized assessed value for residential
development, provided no increased density is permitted.
(b)
When an increase in residential density pursuant to N.J.S.A.
40:55D-70d(5) (known as a "d" variance) has been permitted, developers
shall be required to pay a development fee of 6% of the equalized
assessed value for each additional unit that may be realized. However,
if the zoning on a site has changed during the two-year period preceding
the filing of such a variance application, the base density for the
purposes of calculating the bonus development fee shall be the highest
density permitted by right during the two-year period preceding the
filing of the variance application.
[1]
Example: If an approval allows four units to be constructed
on a site that was zoned for two units, the fees could equal 1.5%
of the equalized assessed value on the first two units; and the specified
higher percentage up to 6% of the equalized assessed value for the
two additional units, provided zoning on the site has not changed
during the two-year period preceding the filing of such a variance
application.
(2)
Eligible exactions, ineligible exactions and exemptions for residential
development.
(a)
Affordable housing developments, developments where the developer
is providing for the construction of affordable units elsewhere within
the Township, and developments where the developer has made a payment
in lieu of on-site construction of affordable units shall be exempt
from development fees.
(b)
Developments that have received preliminary or final site plan
approval prior to the adoption of a municipal development fee ordinance
shall be exempt from development fees, unless the developer seeks
a substantial change in the approval. Where a site plan approval does
not apply, a zoning and/or building permit shall be synonymous with
preliminary or final site plan approval for this purpose. The fee
percentage shall be vested on the date that the building permit is
issued.
(c)
Development fees shall be imposed and collected when an existing
structure undergoes a change to a more intense use, is demolished
and replaced, or is expanded, if the expansion is not otherwise exempt
from the development fee requirement. The development fee shall be
calculated on the increase in the equalized assessed value of the
improved structure.
(d)
Developers of residential structures demolished and replaced
as a result of fire damage, flood or similar natural disaster shall
be exempt from paying a development fee.
E.
Nonresidential development fees.
(1)
Imposed fees.
(a)
Within all zoning districts, nonresidential developers, except
for developers of the types of development specifically exempted,
shall pay a fee equal to 2.5% of the equalized assessed value of the
land and improvements, for all new nonresidential construction on
an unimproved lot or lots.
(b)
Nonresidential developers, except for developers of the types
of development specifically exempted, shall also pay a fee equal to
2.5% of the increase in equalized assessed value resulting from any
additions to existing structures to be used for nonresidential purposes.
(c)
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2.5%
shall be calculated on the difference between the equalized assessed
value of the preexisting land and improvement and the equalized assessed
value of the newly improved structure, i.e., land and improvement,
at the time final certificate of occupancy is issued. If the calculation
required under this section results in a negative number, the nonresidential
development fee shall be zero.
(2)
Eligible exactions, ineligible exactions and exemptions for nonresidential
development.
(a)
The nonresidential portion of a mixed-use inclusionary or market-rate
development shall be subject to the development fee of 2.5% unless
otherwise exempted below.
(b)
The fee of 2.5% shall not apply to an increase in equalized
assessed value resulting from alterations, change in use within existing
footprint, reconstruction, renovations and repairs.
(c)
Nonresidential developments shall be exempt from the payment
of nonresidential development fees in accordance with the exemptions
required pursuant to P.L. 2008, c. 46, as specified in the Form N-RDF
"State of New Jersey Non-Residential Development Certification/Exemption."
Any exemption claimed by a developer shall be substantiated by that
developer.
(d)
A developer of a nonresidential development exempted from the
nonresidential development fee pursuant to P.L. 2008, c. 46, shall
be subject to it at such time the basis for exemption no longer applies,
and shall make the payment of the nonresidential development fee,
in that event, within three years after that event or after the issuance
of the final certificate of occupancy of the nonresidential development,
whichever is later.
(e)
If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the property tax
exemption. Unpaid nonresidential development fees under these circumstances
may be enforceable by the Township as a lien against the real property
of the owner.
F.
Collection procedures.
(1)
Upon the granting of a preliminary, final or other applicable approval
for a development, the applicable approving authority shall direct
its staff to notify the construction official responsible for the
issuance of a building permit.
(2)
For nonresidential developments only, the developer shall also be
provided with a copy of Form N-RDF "State of New Jersey Non-Residential
Development Certification/Exemption" to be completed as per the instructions
provided. The developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The construction official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in the Form N-RDF. The Tax Assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
(3)
The construction official responsible for the issuance of a building
permit shall notify the local Tax Assessor of the issuance of the
first building permit for a development which is subject to a development
fee.
(4)
Within 90 days of receipt of that notice, the municipal Tax Assessor,
based on the plans filed, shall provide an estimate of the equalized
assessed value of the development.
(5)
The construction official responsible for the issuance of a final
certificate of occupancy notifies the local Assessor of any and all
requests for the scheduling of a final inspection on property which
is subject to a development fee.
(6)
Within 10 business days of a request for the scheduling of a final
inspection, the municipal Assessor shall confirm or modify the previously
estimated equalized assessed value of the improvements of the development;
calculate the development fee; and thereafter notify the developer
of the amount of the fee.
(7)
Should the Township fail to determine or notify the developer of
the amount of the development fee within 10 business days of the request
for final inspection, the developer may estimate the amount due and
pay that estimated amount consistent with the dispute process set
forth in Subsection b of Section 37 of P.L. 2008, c. 46 (N.J.S.A.
40:55D-8.6).
(9)
Appeal of development fees.
(a)
A developer may challenge residential development fees imposed
by filing a challenge with the County Board of Taxation. Pending a
review and determination by the Board, collected fees shall be placed
in an interest-bearing escrow account by the Township. Appeals from
a determination of the Board may be made to the Tax Court in accordance
with the provisions of the State Tax Uniform Procedure Law, N.J.S.A.
54:48-1 et seq., within 90 days after the date of such determination.
Interest earned on amounts escrowed shall be credited to the prevailing
party.
(b)
A developer may challenge nonresidential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest-bearing escrow account by the Township. Appeals
from a determination of the Director may be made to the Tax Court
in accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
G.
Affordable Housing Trust Fund.
(1)
There is hereby created a separate, interest-bearing housing trust
fund to be maintained by the Chief Financial Officer of the Township
for the purpose of depositing development fees collected from residential
and nonresidential developers and proceeds from the sale of units
with extinguished controls.
(2)
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
(a)
Payments in lieu of on-site construction of affordable units;
(b)
Developer-contributed funds to make 10% of the adaptable entrances
in a townhouse or other multistory attached development accessible;
(c)
Rental income from municipally operated units;
(d)
Repayments from affordable housing program loans;
(e)
Recapture funds;
(f)
Proceeds from the sale of affordable units; and
(g)
Any other funds collected in connection with the Township's
affordable housing program.
(3)
In the event of a failure by the Township to comply with trust fund
monitoring and reporting requirements or to submit accurate monitoring
reports; or a failure to comply with the conditions of the judgement
of compliance or a revocation of the judgement of compliance; or a
failure to implement the approved spending plan and to expend funds
within the applicable required time period as set forth in In re Tp.
Of Monroe, 442 N.J. Super. 565 (Law Div 2015) (aff'd 442 N.J.
Super 563); or the expenditure of funds on activities not approved
by the Court or for other good cause demonstrating the unapproved
use of funds, the Court may authorize the State of New Jersey, Department
of Community Affairs, Division of Local Government Services (LGS)
to direct the manner in which the funds in the Affordable Housing
Trust Fund shall be expended, provided that all such funds, to the
extent practicable, be utilized for affordable housing programs within
the Township of Evesham, or, if not practicable, then within the County
or the Housing Region.
(4)
Any party may bring a motion before the Superior Court presenting
evidence of such condition and the Court may, after considering the
evidence and providing the municipality a reasonable opportunity to
respond and/or to remedy the noncompliant conditions, and upon a finding
of continuing and deliberate noncompliance, determine to authorize
LGS to direct the expenditure of funds in the Trust Fund. The Court
may also impose such other remedies as may be reasonable and appropriate
to the circumstances.
(5)
All interest accrued in the Housing Trust Fund shall only be used
on eligible affordable housing activities approved by the Court.
H.
Use of funds.
(1)
The expenditure of all funds shall conform to a spending plan approved
by the Court. Funds deposited in the Housing Trust Fund may be used
for any activity approved by the Court to address the Township's
fair share obligation and may be set up as a grant or revolving loan
program. Such activities include, but are not limited to: preservation
or purchase of housing for the purpose of maintaining or implementing
affordability controls, rehabilitation, new construction of affordable
housing units and related costs, accessory apartment, market to affordable,
or regional housing partnership programs, conversion of existing nonresidential
buildings to create new affordable units, green building strategies
designed to be cost saving and in accordance with accepted national
or state standards, purchase of land for affordable housing, improvement
of land to be used for affordable housing, extensions or improvements
of roads and infrastructure to affordable housing sites, financial
assistance designed to increase affordability, administration necessary
for implementation of Housing Element and Fair Share Plan, or any
other activity as permitted pursuant to N.J.A.C. 5:93-8 and specified
in the approved spending plan.
(2)
Funds shall not be expended to reimburse the Township for past housing
activities.
(3)
At least 30% of all development fees collected and interest earned
shall be used to provide affordability assistance to low- and moderate-income
households in affordable units included in the municipal Fair Share
Plan. One-third of the affordability assistance portion of development
fees collected shall be used to provide affordability assistance to
those households earning 30% or less of median income by region.
(a)
Affordability assistance programs may include down payment assistance,
security deposit assistance, low-interest loans, rental assistance,
assistance with homeowners' association or condominium fees and
special assessments, and assistance with emergency repairs.
(b)
Affordability assistance to households earning 30% or less of
median income may include buying down the cost of low- or moderate-income
units in the municipal Fair Share Plan to make them affordable to
households earning 30% or less of median income.
(c)
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.
(4)
The Township may contract with a private or public entity to administer
any part of its Housing Element and Fair Share Plan, including the
requirement for affordability assistance, in accordance with N.J.A.C.
5:94-7.
(5)
No more than 20% of all revenues collected from development fees
may be expended on administration, including, but not limited to,
salaries and benefits for municipal employees or consultant fees necessary
to develop or implement a new construction program, a Housing Element
and Fair Share Plan, and/or an affirmative marketing program. In the
case of a rehabilitation program, no more than 20% of the revenues
collected from development fees shall be expended for such administrative
expenses. Administrative funds may be used for income qualification
of households, monitoring the turnover of sale and rental units, and
compliance with monitoring requirements. Legal or other fees related
to litigation opposing affordable housing sites or objecting to the
Council's regulations and/or action are not eligible uses of
the Affordable Housing Trust Fund.
I.
Monitoring.
(1)
On an annual basis commencing with the first anniversary of the entry
of the Order granting a Final Judgement of Compliance and Repose,
Evesham Township shall provide annual reporting of trust fund activity
to the New Jersey Department of Community Affairs (DCA), COAH or Local
Government Services (LGS) or other entity designated by the State
of New Jersey, with a copy provided to Fair Share Housing Center and
posted on the municipal website, using forms developed for this purpose
by the DCA, COAH, or LGS. This reporting shall include an accounting
of all trust fund activity, including the collection of development
fees from residential and nonresidential developers, payments in lieu
of constructing affordable units on site, funds from the sale of units
with extinguished controls, barrier free escrow funds, rental income,
repayments from affordable housing program loans, and any other funds
collected in connection with the Township's housing program,
as well as the expenditure of revenues and implementation of the plan
approved by the Court.
J.
Ongoing collection of fees.
(1)
The ability for the Township to impose, collect and expend development
fees shall expire with its substantive certification unless the Township
has filed an adopted Housing Element and Fair Share Plan with the
Court, has filed a Declaratory Judgement action, and has received
Court approval of its development fee ordinance. If the Township fails
to renew its ability to impose and collect development fees prior
to the expiration of substantive certification, it may be subject
to forfeiture of any or all funds remaining within its municipal trust
fund. Any funds so forfeited shall be deposited into the "New Jersey
Affordable Housing Trust Fund" established pursuant to Section 20
of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320). The Township shall not
impose a residential development fee on a development that receives
preliminary or final site plan approval after the expiration of its
substantive certification or judgment of compliance, nor shall the
Township retroactively impose a development fee on such a development.
The Township shall not expend development fees after the expiration
of its substantive certification or judgment of compliance.
[1]
Editor’s Note: Former § 161-4, Uniform affordable
housing productions based upon growth share, added 9-20-2005 by Ord.
No. 14-9-2005, amended 12-19-2006 by Ord. No. 35-12-2006, was repealed
5-19-2009 by Ord. No. 6-5-2009 as having been rendered moot by amendments
to COAH’s Third Round Rules which took effect on 10-20-2008,
as published at 40 N.J.R. 6054 (See N.J.A.C. 5:97-1 et seq.).
[Added 12-4-2007 by Ord. No. 30-12-2007]
A.
Purpose. The purpose of this section is to create
the administrative mechanisms needed for the execution of Evesham
Township's responsibility to assist in the provision of affordable
housing pursuant to the Fair Housing Act of 1985.
B.
ADMINISTRATIVE AGENT
MUNICIPAL HOUSING LIAISON
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
Evesham Township to ensure that the restricted units under administration
are affirmatively marketed and sold or rented, as applicable, only
to low- and moderate-income households.
The employee charged by the Township Council with the responsibility
for oversight and administration of the affordable housing program
for Evesham Township.
C.
Establishment of Municipal Housing Liaison position
and compensation; powers and duties.
(1)
There is hereby established the position of Municipal
Housing Liaison for Evesham Township.
(2)
Subject to the approval of the Council on Affordable
Housing (COAH), the Municipal Housing Liaison shall be appointed by
the Township Council and shall be the Director of Community Development
or his designee.
(3)
The Municipal Housing Liaison shall be responsible
for oversight and administration of the affordable housing program
for Evesham Township, including the following responsibilities which
may not be contracted out:
(a)
Serving as Evesham Township's primary point
of contact for all inquiries from the state, affordable housing providers,
administrative agents, and interested households;
(b)
Monitoring the status of all restricted units
in Evesham Township's Fair Share Plan;
(c)
Compiling, verifying, and submitting annual
reports as required by COAH;
(d)
Coordinating meetings with affordable housing
providers and administrative agent(s), as applicable;
(e)
Attending continuing education opportunities
on affordability controls, compliance monitoring, and affirmative
marketing as offered or approved by COAH;
D.
Subject to approval of the COAH, Evesham Township
may enter into or amend its current contract with an administrative
agent, which shall have the responsibility of administering the affordable
housing program of Evesham Township. The Municipal Housing Liaison
shall supervise the contracting administrative agent.
E.
Administrative powers and duties assigned to the Municipal
Housing Liaison.
(1)
Affirmative marketing.
(a)
Conducting an outreach process to insure affirmative
marketing of affordable housing units in accordance with the Affirmative
Marketing Plan of Evesham Township and the provisions of N.J.A.C.
5:80-26.15; and
(b)
Providing counseling or contracting to provide
counseling services to low- and moderate-income applicants on subjects
such as budgeting, credit issues, mortgage qualification, rental lease
requirements, and landlord/tenant law.
(2)
Household certification.
(a)
Soliciting, scheduling, conducting and following
up on interviews with interested households;
(b)
Conducting interviews and obtaining sufficient
documentation of gross income and assets upon which to base a determination
of income eligibility for a low- or moderate-income unit;
(c)
Providing written notification to each applicant
as to the determination of eligibility or noneligibility;
(d)
Requiring that all certified applicants for
restricted units execute a certificate substantially in the form,
as applicable, of either the ownership or rental certificates set
forth in Appendices J and K of N.J.A.C. 5:80-26.1 et seq.;
(e)
Creating and maintaining a referral list of
eligible applicant households living in the housing region and eligible
applicant households with members working in the housing region where
the units are located; and
(f)
Employing the random selection process as provided
in the Affirmative Marketing Plan of Evesham Township when referring
households for certification to affordable units.
(3)
Affordability controls.
(a)
Furnishing to attorneys or closing agents forms
of deed restrictions and mortgages for recording at the time of conveyance
of title of each restricted unit;
(b)
Creating and maintaining a file on each restricted
unit for its control period, including the recorded deed with restrictions,
recorded mortgage and note, as appropriate;
(c)
Ensuring that the removal of the deed restrictions
and cancellation of the mortgage note are effectuated and properly
filed with the appropriate county's register of deeds or county clerk's
office after the termination of the affordability controls for each
restricted unit;
(d)
Communicating with lenders regarding foreclosures;
and
(e)
Ensuring the issuance of continuing certificates
of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
(4)
Resale and rental.
(a)
Instituting and maintaining an effective means
of communicating information between owners and the administrative
agent regarding the availability of restricted units for resale or
rental; and
(b)
Instituting and maintaining an effective means
of communicating information to low- and moderate-income households
regarding the availability of restricted units for resale or re-rental.
(5)
Processing request from unit owners.
(a)
Reviewing and approving requests from owners
of restricted units who wish to take out home equity loans or refinance
during the term of their ownership;
(b)
Reviewing and approving requests to increase
sales prices from owners of restricted units who wish to make capital
improvements to the units that would affect the selling price, such
authorizations to be limited to those improvements resulting in additional
bedrooms or bathrooms and the cost of central air-conditioning systems;
and
(c)
Processing requests and making determinations
on requests by owners of restricted units for hardship waivers.
(6)
Enforcement.
(a)
Securing annually lists of all affordable housing
units for which tax bills are mailed to absentee owners and notifying
all such owners that they must either move back to their unit or sell
it;
(b)
Securing from all developers and sponsors of
restricted units, at the earliest point of contact in the processing
of the project or development, written acknowledgement of the requirement
that no restricted unit can be offered, or in any other way committed,
to any person, other than a household duly certified to the unit by
the administrative agent;
(c)
The posting annually in all rental properties,
including two-family homes, of a notice as to the maximum permitted
rent together with the telephone number of the administrative agent
where complaints of excess rent can be made;
(d)
Sending annual mailings to all owners of affordable
dwelling units, reminding them of the notices and requirements outlined
in N.J.A.C. 5:80-26.18(d)4;
(e)
Establishing a program for diverting unlawful
rent payments to the municipality's affordable housing trust fund
or other appropriate municipal fund approved by the DCA;
(f)
Establishing a rent-to-equity program;
(g)
Creating and publishing a written operating
manual, as approved by COAH, setting forth procedures for administering
such affordability controls; and
(h)
Providing annual reports to COAH as required.
(7)
The administrative agent, pursuant to contract subject
to COAH approval, shall have authority to take all actions necessary
and appropriate to carry out its responsibilities hereunder.
F.
Severability. If any section, subsection, paragraph,
sentence or other part of this section is adjudged unconstitutional
or invalid, such judgment shall not affect or invalidate the remainder
of this section, but shall be confined in its effect to the section,
subsection, paragraph, sentence or other part of this section directly
involved in the controversy in which said judgment shall have been
rendered and all other provisions of this section shall remain in
full force and effect.
G.
Inconsistent ordinances repealed. All ordinances or
parts of ordinances which are inconsistent with the provisions of
this section are hereby repealed, but only to the extent of such inconsistencies.
H.
Effective date. This section shall take effect immediately
upon final adoption and publication in the manner prescribed by law.
[Added 9-18-2012 by Ord. No. 23-9-2012]
There is established a down payment assistance program, funded
by developer fees, payable only from the Township's Housing Trust
Fund and administered through the Township of Evesham affordable housing
program, for purchasers who seek to purchase low- or moderate-income
units as part of said program. The low or moderate units that are
being purchased under this program must be in full compliance with
all Uniform Housing Affordability Controls (UHAC) regulations and
the rules adopted by the New Jersey Council on Affordable Housing
(COAH). Prospective homeowners will not receive direct funds. The
assistance dollars will be supplied to the appropriate entity/entities.
The Evesham down payment assistance program is implemented through
a down payment assistance loan that is documented in a repayment loan
agreement and secured by a down payment assistance program recapture
note and down payment assistance program mortgage in favor of the
Township that is executed by the purchaser/property owner. The loan
is interest free and must be repaid, in whole or in part, if the recipient
sells the property or fails to occupy it as his/her primary residence
within 10 years of the date of the purchase. The amount of the loan
that must be repaid decreases by 1/10 for each year that the recipient
owns and occupies the home after closing. For example, 1/2 of the
loan must be repaid if the home is resold between the fifth and sixth
year after closing. However, the loan is forgiven in its entirety
if the purchaser continues to own the property and occupy it as his/her
primary residence after 10 years from the date of purchase. The down
payment assistance mortgage is a second mortgage that is subordinate
to the first purchase money mortgage that the purchaser will secure
from an institutional lender. In no event may the combined amounts
of both mortgages exceed the maximum amount of mortgage indebtedness
allowed for affordable units under UHAC or COAH regulations. The Evesham
Township down payment assistance loan is not available to those individuals
or households that have been awarded down payment and/or closing cost
assistance grants and/or loans from any other governmental sources
including, but not limited to, Burlington County's First-Time Homebuyer
Program.
A.
Purchasers seeking a down payment assistance loan through this program
must make application to the Evesham Township Affordable Housing Liaison
(Housing Liaison). The maximum amount of any loan shall be $15,000,
and the availability of funding is contingent upon the sufficiency
of funds in the Township's Housing Trust Fund. Approval of a loan
shall be as documented in a resolution adopted by the Township Council
of the Township of Evesham in a form substantially similar to Appendix
A[1] hereto. Funding of the loan program shall automatically
cease should prior loans that have been made reach the amount reserved
to fund the program in the Township's COAH-approved trust account
spending plan. A copy of the loan application is attached as Appendix
B[2] and can be obtained by applicants from the Housing Liaison
or may be downloaded from the Evesham Township website. The Housing
Liaison maintains an office in the Evesham Township Municipal Building,
984 Tuckerton Road, Marlton, NJ 08053 [(856) 983-2914] and may be
reached during regular business hours.
B.
C.
The contents and terms, conditions and obligations of all appendix
exhibits are incorporated by reference herein as if set forth herein
at length.
D.
Qualification and eligibility for this program:
(1)
Individuals/households must make an application with the Housing
Liaison and be pre-certified, meaning that the applicant demonstrates
to the reasonable satisfaction of the Housing Liaison that there is
a very high likelihood that with the receipt of the loan provided
herein the applicant will be able to pay all of the required expenses
related to owning his/her affordable home.
(2)
In order to ensure that interested affordable housing homebuyers
are able to demonstrate that they possess the required deposit prior
to executing an agreement to purchase an affordable unit, interested
applicants may submit loan applications prior to searching for a home.
(3)
Qualified individuals/households must have incomes not exceeding
low or moderate income guidelines as applicable for Burlington County
per the New Jersey Fair Housing Act as periodically published and
updated by the New Jersey Department of Community Affairs.
(4)
The home that is being purchased must be an affordable unit that
is being marketed for sale by the Township's administrative agent.
Applicants must contact the administrative agent to ascertain the
location and cost of all affordable units that are currently on the
market. Applicants may do so prior to securing written confirmation
from the Township that a down payment assistance loan will be made
available to them.
(5)
The home/unit to be purchased must meet HUD housing quality standards
as documented in a HUD-compliant home inspection report.
(6)
Applicants must be deemed creditworthy by the Housing Liaison, and
the amount of the principal of the first purchase money mortgage must
not exceed three times the applicant's gross annual income. By submitting
a loan application, applicants automatically consent to allowing the
Housing Liaison to run a credit report and secure employment verification.
Applicants are responsible for paying for the credit report.
(7)
The down payment assistance mortgage is a second mortgage that is
subordinate to the first purchase money mortgage that the purchaser
will apply for and secure. In no event may the combined amounts of
both mortgages exceed the maximum amount of mortgage indebtedness
allowed for affordable units under UHAC or COAH regulations.
(8)
All loan recipients must occupy the property as their principal residence
and own no other real estate.
(9)
All loan recipients, at their cost and expense, must attend a pre-purchase
homebuyer education class administered by a HUD-certified housing
counseling agency prior to closing on an affordable housing unit.
The Housing Liaison will supply applicants with a list of HUD-certified
counseling agencies in the area, and applicants may select the counseling
agency that they wish to use. A certificate of completion from the
HUD-certified housing counseling agency must be presented to the Housing
Liaison before funds will be provided for down payment assistance.
(10)
If the Township Council determines that an applicant qualifies
for the loan of $15,000, the Township Council will adopt a resolution
in the form of Appendix A[6], which will be supplied by the Housing Liaison to the
administrative agent as evidence that the deposit is available when
a contract of sale is signed.
[6]
Editor's Note: Appendix A is on file in the Township offices.
(11)
If awarded a loan, the funds will be made available by the Township
at closing to the appropriate title company and/or attorney trust
account.
(12)
The Township's affordable housing administrative agent handles
and administers the sale and purchase of affordable housing units
in Evesham. The loan award will expire if the applicant does not execute
an agreement to purchase an affordable unit within six months of the
date of the resolution confirming the loan award and will expire immediately
if the administrative agent determines that the applicant fails to
qualify to purchase the affordable unit under applicable governmental
regulations or due to inability to secure first purchase money mortgage
financing.
(13)
Individuals and/or households purchasing affordable homes shall
only be permitted to receive one down payment assistance loan. A down
payment assistance loan through the Evesham program is not available
to individuals and/or households that have been awarded down payment
and/or closing cost assistance grants/loans from any other governmental
sources, including, but not limited to, Burlington County's first-time
homebuyer program.
