Township of Hamilton, NJ Article XV Special Regulations

§ 203-169 Buffer landscaping requirements. [1]

A. The minimum standards are required for buffer areas between the following combination of land use associations. This, however, does not preclude the Planning Board from establishing or waiving controls given the discovery of unique conditions.

B. Special regulations between uses and designated buffers are as follows:

(1) Parking.

(a) Buffer: five feet.

(b) Use: residential edge.

C. Nonresidential and residential use relationships are as follows. (NOTE: These requirements do not apply to planned adult communities.) For the purpose of this section, the buffer separation shall also include any rights-of-way or easement areas located between the use categories.

[Amended 8-3-2009 by Ord. No. 1655-2009]

Use Category	Total Buffer Separation (feet)	Minimum Buffer Applicable to Each Category (feet)	Use Category
Industrial	200	100	Residential
Commercial	200	100	Residential
Agricultural	200	100	Residential

D. Roadway and other land use relationships are as follows. (NOTE: These requirements do not apply to planned unit residential developments.)

Use Category	Buffer Separation (feet)	Use Category
Arterial	200	Residential
Collector street	150	Residential
Local street	100	Residential

E. Wetlands buffer shall be as follows:

(1) Buffer separation: 300 feet.

(2) Use category: see § 203-183.

F. Miscellaneous.

(1) Multifamily privacy areas shall be as follows:

(a) Buffer: 2.5 feet.

(b) Privacy wall: 0.50 foot.

(c) Where a fence or privacy wall is not proposed, buffer materials shall consist of medium height, upright-growing evergreen shrubs.

[Amended 7-7-1997 by Ord. No. 1261-97]

G. Minimum planted buffer requirements. The following buffer shall be planted between land uses as designated herein or as designated by the Planning Board where site conditions necessitate screening activity from one use to another:

(1) Minimum buffer requirements.

(a) It is the intent of this subsection to require landscaped buffers to separate uses and to achieve the landscape objectives (entitled "Landscaping objectives and uses of plants" in Article XI, § 203-98A).

(b) The following buffer standards, either in combination or individually, shall be required to satisfy specific site conditions. Planted portions of buffers shall be no less than 20 feet wide and shall be planted as follows:

[1] Buffer screening: double-alternating rows of evergreen trees six to eight feet in height at the time of planting, planted 10 feet on center; one deciduous canopy tree two to three inches in caliper measured six inches from the top of the root ball for every 30 linear feet of buffer area. (NOTE: A two- to three-inch caliper canopy tree shall be at least 12 feet in height at the time of planting. Clump or flowering trees incapable of being measured six inches from the top of the root ball shall be at least 12 feet high at the time of planting.)

(2) Subject to site plan approval, the special buffer in the rear or side yard areas may permit:

(a) Parking, provided that it does not penetrate more than 50% into the width of the buffer area and does not take up more than 20% of the length of the buffer.

(b) Parking, penetrating no more than 50% into the width of the buffer area and no more than 60% of the length of the buffer, provided that there shall be a landscaped berm wall (BW-4) four feet in height, as shown, around the perimeter of said parking area. Such berm wall shall be landscaped in accordance with the specifications of the buffer screening standards as set forth herein.

(c) Recreational uses, provided that such uses do not take up more than 50% of the width of the buffer area or 70% of the length of the buffer area.

(3) Minimum buffer areas shall be considered part of the special buffer.

(4) All parking areas must comply with parking design criteria.

H. The rear yard and first floor of the rear outside wall of any single-family dwelling unit, attached or detached, must be screened from view and buffered from any street classified as local, collector or arterial roadway. This buffer is required either on individual lots or in a planned unit development or major subdivision as part of the common open space owned and maintained by the homeowner's association according to one of the following scenarios:

[Added 7-7-1997 by Ord. No. 1261-97]

(1) Local street: A minimum of 100 feet in width or 50 feet in width for planned unit development shall be planted with a minimum of four shade trees, 15 evergreen trees and 30 shrubs per 100 linear feet of buffer/road right-of-way.

(2) Collector street: A minimum of 150 feet in width or 50 feet in width for planned unit development shall be planted with a minimum of six shade trees, 18 evergreen trees and 40 shrubs per 100 linear feet of buffer/road right-of-way.

(3) Arterial: A minimum of 200 feet in width or 150 feet in width for planned unit development shall be planted with a minimum of eight shade trees, 20 evergreen trees and 48 shrubs per 100 linear feet of buffer/road right-of-way. (Buffer width may be reduced for planned unit development to 100 feet if the buffer area is comprised of natural pine overstory.)

(4) NOTE: Two ornamental or evergreen trees may be substituted per shade tree, provided that substitutions do not exceed 25% of the required amount of shade trees.

[1] Editor's Note: Original Appendix 9, Alternate Septic Systems, which immediately preceded this section, was deleted 11-20-1989 by Ord. No. 1014-89. Said Appendix 9 was previously repealed by Ord. No. 991-89, adopted 5-1-1989.

§ 203-170 CLUZ Impact Area.

A. The purpose of this area is to identify areas of potential noise impact of Hamilton Township that are affected by existing and future development of the Federal Aviation Administration Technical Center (hereinafter referred to as "FAATC") and to require measures to alleviate said impact.

B. The CLUZ Area is that portion of Hamilton Township identified on the Zoning Map[1] as the CLUZ Impact Area. For development proposed, the CLUZ Area is further subdivided into the following noise impact zones, which are notes on Figure XV-1,[2] by the isobars representing average day-night noise levels (Ldn):

	Zone 1:	Ldn below 65 db
	Zone 2:	Ldn 65 to 70 db
	Zone 3:	Ldn 70 to 75 db
	Zone 4:	Ldn 75 to 80 db
	Zone 5:	Ldn above 80 db

[1] Editor's Note: The Zoning Map is on file in the office of the Township Clerk, where it may be examined during regular business hours.

[2] Editor's Note: Figure XV-1 is located at the end of this chapter.

C. Use compatibility.

(1) The compatibility of potential land uses with the noise impact zones listed above is shown on Table A8-2.[3] Those uses which are designated as normally unacceptable may be developed, provided that the applicant installs noise-alleviation devices which will reduce interior noise to acceptable levels.

[3] Editor's Note: Table A8-2 is located at the end of this chapter.

(2) Prior to the issuance of preliminary or final approval of development in the CLUZ Area, the method of noise reduction shall be reviewed by the Township Engineer, Planner and Construction Code Official to ensure conformance with local regulations and the intent of this section.

§ 203-171 Development credit criteria.

A. Establishment. Except for land which was owned by a public agency on January 14, 1981, land which is thereafter purchased by the state for conservation purposes, land which is subject to an easement limiting the use of land to nonresidential uses or land otherwise excluded from entitlement in Subsection B below, every parcel of land in the Agricultural District shall have a use right known as "Pinelands development credits" that can be used to secure a density bonus for lands located in a Pinelands regional growth area. Pinelands development credits may also be allocated to certain properties in the township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

[Amended 5-17-1993 by Ord. No. 1148-93]

B. Credit ratios.

(1) Pinelands development credits are hereby established in the Agricultural District at the following ratios:

(a) Uplands which are undisturbed but approved for resource extraction pursuant to this chapter: two Pinelands development credits per 39 acres.

(b) Uplands which are mined as a result of a resource extraction permit approved pursuant to this chapter: zero Pinelands development credits per 39 acres.

(c) Other uplands and areas of active berry agricultural bogs and fields: two Pinelands development credits per 39 acres.

(d) Wetlands in active field agriculture use currently and as of February 7, 1979: two Pinelands development credits per 39 acres.

[Amended 8-4-1997 by Ord. No. 1261-97]

(e) Other wetlands: 0.2 Pinelands development credit per 39 acres.

(2) The allocations established in Subsection B(1) above shall be reduced as follows:

[Amended 2-19-1991 by Ord. No. 1063-1991]

(a) Any property of 10 acres or less which is developed for a commercial, industrial, resource-extraction, intensive recreation, institutional, campground or landfill use shall not receive Pinelands development credit entitlement. For such an improved property of more than 10 acres, the area actively used for such use or 10 acres, whichever is greater, shall not receive Pinelands development credit entitlement.

(b) The Pinelands development credit entitlement of a parcel of land shall be reduced by 0.25 Pinelands development credit for each existing dwelling unit on the property.

(c) The Pinelands development credit entitlement for a parcel of land shall be reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling unit on the parcel retained by the owner of the property pursuant to Subsection C(1) below or when a variance for cultural housing is approved by the township pursuant to § 203-202A(4).

[Amended 5-17-1993 by Ord. No. 1148-93]

(d) The Pinelands development credit (PDC) entitlement for a parcel of land shall also be reduced by 0.25 PDC for each dwelling unit approved pursuant to N.J.A.C. 7:50-4.61 et seq. when a waiver of strict compliance is granted by the Pinelands Commission.

[Added 5-17-1993 by Ord. No. 1148-93]

(3) The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands development credit at the same ratio established in Subsection B(1) above.

(4) Notwithstanding the provisions above, the owner of record of 0.10 or greater acres of land in the Agricultural District as of February 7, 1979, shall be entitled to 0.25 Pinelands development credits, provided that the parcel of land is vacant, was not in common ownership with any contiguous land on or after February 7, 1979, and has not been sold or transferred except to a member of the owner's immediate family.

[Amended 2-19-1981 by Ord. No. 1063-1991; 8-4-1997 by Ord. No. 1280-97]

(5) The provisions of Subsection B(4) above shall also apply to owners of record of less than 0.10 acres of land in the Agricultural District, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to Subsection B(1) above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.10 of an acre.

[Added 8-4-1997 by Ord. No. 1280-97]

C. Limitations on use of Pinelands development credits.

(1) No Pinelands development credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands development credit certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3 and has deed restricted the use of the land in perpetuity to those uses set forth in Subsection F(2) below by a recorded deed restriction which is in favor of a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission. Notwithstanding the above, an owner of property from which the Pinelands development credits are sold may retain a right for residential development on that property, provided that the recorded deed restriction expressly provides for the same and that the total allocation of Pinelands development credits for that property is reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised.

[Amended 2-19-1991 by Ord. No. 1063-1991; 8-4-1997 by Ord. No. 1280-97]

(2) The bonus density of a parcel of land on which Pinelands development credits are used shall not exceed the upper limits of the density range of the municipal zone or district in which the property is located.

(3) No Pinelands development credit may be used until the township is presented with a certification by the Commission that the credit has not been utilized in any other municipality in the Pinelands.

(4) No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the approving agency with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the approving agency may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. Prior to the Board granting final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for the use of Pinelands development credits in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 203-9D and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6 prior to the Board memorializing the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.

[Amended 8-4-1997 by Ord. No. 1280-97; 6-18-2001 by Ord. No. 1401-2001]

(5) In the event that preliminary approval is obtained for development involving the use of Pinelands development credits, such approval shall be expressly conditioned upon demonstration of title to the credits at the time of final approval.

(6) All development involving the use of Pinelands development credits shall be phased so that the credits are utilized at every stage of development on a pro rata basis with those units permitted as a matter of right.

(7) In no case shall a building or construction permit be issued for any development involving the use of PDC's until the developer has provided the Pinelands Commission and the township with evidence of his ownership of the requisite PDC's and those PDC's have been redeemed with the township.

[Added 5-17-1993 by Ord. No. 1148-93]

D. Pinelands development credit bonus multipliers. Pinelands development credits which are used for security as density bonus for parcels of land located in a regional growth area shall yield a bonus of four dwelling units per credit.

E. Aggregation of development credits. Pinelands development credits may be aggregated from different parcels for use in securing a bonus for a single parcel of land in a regional growth area, provided that the density does not exceed the limits of the density range specified in the municipal district in which the property is located.

F. Recorded deed restrictions.

(1) No conveyance, sale or transfer of Pinelands development credits shall occur until the municipality with jurisdiction over the parcel of land from which the Pinelands development credits were obtained, the agency or organization to which the restriction is in favor and the Pinelands Commission have been provided with evidence of recordation of a restriction on the deed to the land from which the development credits were obtained.

(2) Such deed restriction shall specify the number of Pinelands development credits sold and that the property may only be used in perpetuity for the following uses in the Agricultural District: agriculture; forestry; agricultural employee housing as an accessory use; low-intensity recreational uses in which the use of motorized vehicles is not permitted except for necessary transportation, access to water bodies is limited to no more than 15 feet of frontage per 1,000 feet of frontage on the water body, clearing of vegetation does not exceed 5% of the parcel, and no more than 1% of the parcel will be covered with impervious surfaces; fish and wildlife management; wetlands management; agricultural commercial establishments, excluding supermarkets and restaurants and convenience stores, where the principal goods or products available for sale were produced in the Pinelands and the sales area does not exceed 5,000 square feet; airports and heliports accessory to agricultural uses and which are used exclusively for the storage, fueling, loading and operation of aircraft as part of an ongoing agricultural operation; agricultural products processing facilities; and accessory uses.

[Amended 2-19-1991 by Ord. No. 1063-1991; 6-18-2012 by Ord. No. 1722-2012; 7-16-2018 by Ord. No. 1879-2018]

G. Use of Pinelands development credits.

[Amended 2-19-1991 by Ord. No. 1063-91; 5-17-1993 by Ord. No. 1148-93]

(1) Pinelands development credits shall be used in the following manner:

(a) To permit development of parcels of land in the GA-L, GA-M, GA-I and PVD Districts according to the density and lot area requirements set forth in Table 7.1.[1]

[Amended 12-5-2006 by Ord. No. 1579-2006]

[1] Editor's Note: Table 7.1 is included at the end of this chapter.

(b) When a variance of residential density or minimum residential lot area requirements for the R-22, R-9, GA-L, GA-M, GA-I , VC or PVD District is granted, Pinelands development credits shall be required for all dwelling units or lots in excess of that otherwise permitted without the variance.

[Amended 7-7-1997 by Ord. No. 1261-97; 12-5-2006 by Ord. No. 1579-2006]

(c) When a variance or other approval for a nonresidential use not otherwise permitted in the R-9, R-22, GA-L, GA-M, GA-I or PVD Zoning District is granted by the Township, Pinelands development credits shall be used at 50% of the maximum rate permitted for Pinelands development credits used in the zone in which the nonresidential use will be located for parcels under 10 acres in size; for 75% of the maximum rate for parcels between 10 acres and 20 acres in size; and for 100% of the maximum rate of parcels over 20 acres in size. The requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.

[Amended 6-18-2001 by Ord. No. 1401-2001; 12-5-2006 by Ord. No. 1579-2006]

(d) When a variance or other approval for a residential use in the HC, DC, GD, or IBP Zoning District is granted by the Township, Pinelands development credits shall he used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 acres and 20 acres in size; and for 100% of the authorized units for parcels over 20 acres in size.

[Amended 6-18-2001 by Ord. No. 1401-2001]

(e) When a variance for cultural housing is granted by the Township in accordance with § 203-202A(4).

(f) When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

(g) When a variance of density or minimum lot area requirements for a residential or principal nonresidential use in the Mizpah Village District or in that portion of the NC District located in Mizpah Village (Block 500, Lot 2; Blocks 503 through 508; Block 532, Lots 1 and 2; Block 534, p/o Lot 1; and Block 531, Lot 5) is granted, Pinelands development credits shall be used for all dwelling units or lots in excess of that otherwise permitted without the variance.

[Added 7-7-1997 by Ord. No. 1261-97][2]

[2] Editor's Note: Former Subsection H, Application of development credits to unit mix and area and bulk standards, as amended 11-20-1989 by Ord. No. 1014-89, was repealed 2-20-1990 by Ord. No. 1019-90.

§ 203-172 D'Imperio dump site.

A. The site known as the "D'Imperio dump site" has been identified by the New Jersey Department of Environmental Protection to be a toxic waste dump site from which groundwater contaminants are emanating. In order to protect the health of area residents or potential users of the site, the restrictions of development set forth by Gerard Burke of the New Jersey Department of Environmental Protection in the attached letters and maps[1] shall apply to any new development proposed or as periodically updated.

[1] Editor's Note: The letters and maps from Gerard Burke of the New Jersey Department of Environmental Protection are on file in the office of the Township Clerk, where they may be examined during regular business hours.

B. These development restrictions shall apply until such time as the Department of Environmental Protection and the United States Environmental Protection Agency have determined that the following procedures have been completed and no longer pose a health hazard: removal of the toxic wastes and contaminated soils and the decontamination of the local groundwater. Any development proposed in or around this site must prepare an environmental impact statement specifically showing no generated or incurred impact upon such development or future uses.

§ 203-173 Maximum height requirements for fences, walls and hedges.

The maximum height for fences, walls and hedges shall be as provided below:

Location		Height (feet)
Residential districts:
	Front yard and street side yard of corner lot [Amended 7-7-1997 by Ord. No 1261-97]	4 (provided that a fence does not encroach on required sight triangles)
	Side and rear yards adjacent to residential uses, except that this limitation shall not apply to living hedges	6
	Side and rear yards adjacent to nonresidential uses and arterials, except that this limitation shall not apply to living hedges	8
	On a corner lot, any yard within the sight triangle	2 1/2
Nonresidential districts:
	On a corner lot, any yard within the sight triangle	2 1/2
	Side and rear yard	8
	Front yard: not permitted	0
	Fences surrounding tennis, basketball, baseball or similar courts, provided that all fences surrounding said courts are in the nature of a cyclone fence, shall not exceed 15 feet in height and shall only be located in the side or rear yard of the property	15

§ 203-174 Forestry operations.

[Amended 8-4-1997 by Ord. No. 1280-97]

A. Purpose. The governing body of Hamilton Township does herein declare that Pinelands forests are an important cultural, ecological, scenic and economic resource; sound management of the forest resource will ensure its sustainability, health and productivity; and forestry is encouraged throughout the municipality as a means to sustain and protect the natural, cultural and social fabric of the Pinelands. It is the purpose of this section to ensure that forestry activities are carried out in such a way as to provide for the long-term maintenance and sustainability of Pinelands forests and forest resources.

B. Permit required. No forestry in the Pinelands Area of the Township shall be carried out by any person unless a permit for such activity has been issued by the Township Zoning Officer. Notwithstanding this requirement, no such permits shall be required for the following forestry activities:

(1) Normal and customary forestry practices in residentially improved parcels of land that are five acres or less in size.

(2) Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year.

(3) Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted.

(4) Forest stand improvement designed to selectively thin trees (exclusive of those with a caliper of at least six inches) and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year.

(5) Prescribed burning and the clearing and maintaining fire breaks.

C. Forestry application requirements. The information in Subsection C(1) or C(2) below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:

[Amended 6-18-2012 by Ord. No. 1722-2012]

(1) For forestry activities on a parcel of land enrolled in the New Jersey Forest Stewardship Program, a copy of the approved New Jersey Forest Stewardship Plan. This document shall serve as evidence of the completion of an application with the Pinelands Commission as well as evidence that the activities are consistent with the standards of the Pinelands Comprehensive Management Plan. No certificate of filing from the Pinelands Commission shall be required.

(2) For all other forestry applications:

(a) The applicant's name and address and his interest in the subject parcel;

(b) The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;

(c) The description, including block and lot designation and street address, if any, of the subject parcel;

(d) A description of all existing uses of the subject parcel;

(e) A brief written statement generally describing the proposed forestry operation;

(f) A USGS Quadrangle Map, or copy thereof, and a copy of the Municipal Tax Map sheet on which the boundaries of the subject parcel, the Pinelands management area designation and the municipal zoning designation are shown;

(g) A forestry management plan that includes, as appropriate:

[1] A cover page for the plan containing:

[a] The name, mailing address and telephone number of the owner of the subject parcel;

[b] The municipality and county in which the subject parcel is located;

[c] The block and lot designation and street address, if any, of the subject parcel;

[d] The name and address of the forester who prepared the plan, if not prepared by the owner of the subject parcel; and

[e] The date the plan was prepared, subsequent revision dates and the period of time the plan is intended to cover;

[2] A clear and concise statement of the owner's objectives for undertaking the proposed forestry activities, including a description of the short- (five years) and long-term (20 years) objectives for all proposed silvicultural techniques that will be used to manage the parcel;

[3] A description of the existing conditions of the subject parcel and of each forest stand in which a proposed activity, prescription or practice will occur. These stand descriptions shall include photographs of each stand taken at eye level showing the location of all Pinelands native forest types, as identified at N.J.A.C. 7:50-6.43, and shall be keyed to an activity map that shall include, as appropriate, the following information:

[a] The number of acres;

[b] The general condition and quality of each stand;

[c] The overall site quality, relative to the management goals and objectives identified in Subsection C(2)(g)[2] above;

[d] An inventory and map of Pinelands native forest types, with native forest types broken into "stands," including information on type, size and volume by species;

[e] The age of representative trees;

[f] The species composition, including overstory, understory, ground layer structure and composition;

[g] The stand cohort composition;

[h] The percent cover;

[i] The basal area;

[j] The structure, including age classes, diameter breast height (DBH) classes, and crown classes;

[k] The condition and species composition of advanced regeneration, when applicable;

[l] A stocking table showing the stocking levels, growth rates and volume;

[m] Projections of intended future stand characteristics at ten-, twenty- and forty-year intervals;

[n] A description of the forestry activities, silvicultural prescriptions, management activities and practices proposed during the permit period and the acreage proposed for each activity. These may include, but are not necessarily limited to, a description of:

[i] Stand improvement practices;

[ii] Site preparation practices;

[iii] Harvesting practices;

[iv] Regeneration and reforestation practices;

[v] Improvements, including road construction, stream crossings, landings, loading areas and skid trails;

[vi] Herbicide treatments;

[vii] Silvicultural treatment alternatives;

[viii] If planting will occur to accomplish reforestation, the application shall include seed sources records, if such records are available;

[ix] Implementation instructions; and

[x] Measures that will be taken to prevent the potential spread of exotic plant species or Phragmites into wetlands; and

[o] A description, if appropriate, of the forest products to be harvested, including volume expressed in cords and board feet; diameter breast height (DBH) classes and average diameter; age; heights; and number of trees per acre; and

[4] A map of the entire parcel which includes the following:

[a] The owner's name, address and the date the map was prepared;

[b] An arrow designating the North direction;

[c] A scale which is not smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet;

[d] The location of all property lines;

[e] A delineation of the physical features, such as roads;

[f] The identification of soil types (a separate map may be used for this purpose);

[g] A map inset showing the location of the parcel in relation to the local area;

[h] Clear location of the area and acreage in which each shall not be smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet and shall be appropriately keyed to the property map; and

[i] A legend defining the symbols appearing on the map.

(h) A letter from the Office of Natural Lands Management identifying any threatened or endangered plants or animals reported on or in the immediate vicinity of the parcel and a detailed description by the applicant of the measures proposed to meet the standards set forth in §§ 203-198R and T;

(i) A cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with § 203-209B;

(j) A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in Subsection D(9)(b) below;

(k) A statement identifying the specific steps to be taken to ensure that trees or areas to be harvested are properly identified so as to ensure that only those trees intended for harvesting are harvested;

(l) Written comments from the New Jersey State Forester concerning the extent to which the proposed forestry activities are consistent with the guidelines provided in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the New Jersey Department of Environmental Protection, dated October 1995, as amended. Any such comments which indicate that the proposed activities are not consistent with said Manual must be addressed by the applicant in terms of their potential impact on the standards set forth in Subsection D below;

(m) A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34; and

(n) When prior approval for the forestry activities has been granted by the Zoning Officer or other Township approval agency, a letter from the Pinelands Commission indicating that the prior approval has been reviewed pursuant to § 203-9E of Article I.

D. Forestry standards. Forestry operations shall be approved only if the applicant can demonstrate that the standards set forth below are met:

[Amended 6-18-2012 by Ord. No. 1722-2012]

(1) All forestry activities shall serve to maintain Pinelands native forest types, including those which are locally characteristic, except in those stands where other forest types exist;

(2) Any newly developed access to lands proposed for harvesting shall avoid wetland areas except as absolutely necessary to harvest wetlands species or to otherwise gain access to a harvesting site;

(3) The following actions shall be required to encourage the establishment, restoration or regeneration of Gloucester white cedar in cedar and hardwood swamps:

(a) Clearcutting cedar and managing slash;

(b) Controlling competition by other plant species;

(c) Utilizing fencing and other retardants, where necessary, to protect cedar from overbrowsing;

(d) Utilizing existing streams as cutting boundaries, where practical;

(e) Harvesting during dry periods or when the ground is frozen; and

(f) Utilizing the least-intrusive harvesting techniques, including the use of winches, corduroy roads and helicopters, where practical.

(4) All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in §§ 203-198R and T. The species accounts provided in the "Recommended Forestry Management Practices Report," Appendix I, Endangered Animals, dated March 2006, as amended and supplemented and available at the principal office of the Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards;

(5) All forestry activities and practices shall be designed and carried out so as to comply with the standards for the land application of waste set forth in N.J.A.C. 7:50-6.79, except as expressly authorized in this section;

(6) All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in § 203-209B;

(7) A vegetated streamside management zone shall be maintained or established adjacent to streams, ponds, lakes and marshes, except that no streamside management zone shall be required when Gloucester white cedar is proposed to be harvested, established, restored or regenerated. The streamside management zone shall be at least 25 feet in width. Where soils are severely erodible, slopes exceed 10% or streamside vegetation is not vigorous, the streamside management zone shall be increased up to a maximum of 70 feet to buffer the water body from adjacent forestry activities;

(8) Stream crossings, access roads, timber harvesting, skid trails, log decks, portable sawmill sites, site preparation, and reforestation shall be designed and carried out so as to:

(a) Minimize changes to surface water and groundwater hydrology;

(b) Minimize changes to temperature and other existing surface water quality and conditions;

(c) Prevent unnecessary soil erosion, siltation and sedimentation; and

(d) Minimize unnecessary disturbances to aquatic and forest habitats.

(9) The following standards shall apply to silvicultural practices for site preparation, either before or after harvesting:

(a) In areas with slopes of greater than 10%, an undisturbed buffer strip of at least 25 feet in width shall be maintained along roads during site preparation to catch soil particles;

(b) Herbicide treatments shall be permitted, provided that:

[1] The proposed treatment is identified in the forestry application submitted to the Zoning Officer pursuant to Subsection C(2)(j) above;

[2] Control of competitive plant species is clearly necessary;

[3] Control of competitive plant species by other, nonchemical means is not practical;

[4] All chemicals shall be expressly labeled for forestry use and shall be used and mixed in a manner that is consistent with relevant state and federal requirements; and

[5] In pine-shrub oak native forest types, herbicide treatments shall only be permitted as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration. All such herbicide treatments shall be applied in a targeted manner so that there will be no significant reduction in tree or shrub-oak resprouting outside those areas subject to the herbicide treatment;

(c) Broadcast scarification and mechanical weeding shall be permitted in all Pinelands native forest types;

(d) Disking shall be permitted, provided that:

[1] It shall not be permitted in pine plains native forest types;

[2] Disking shall only be permitted in pine-shrub oak native forest types as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration and shall be limited as follows:

[a] Disking may occur one time during the first year of the establishment of a stand to assure the successful growth of pine seedlings and may be repeated one time during the second year of the growth of the stand only in areas where pine seedling establishment has not successfully occurred; and

[b] Only single-pass disking, which penetrates the soil no deeper than six inches, shall be permitted.

[3] It shall not occur in wetlands, except as may be necessary to establish, restore or regenerate Gloucester white cedar. When so used, disking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and

[4] It shall follow land contours when slopes are discernible;

(e) Root raking shall be permitted, provided that:

[1] It shall not be permitted in pine-shrub oak native forest types or pine plains native forest types;

[2] When used to establish, restore or regenerate Gloucester white cedar, root raking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and

[3] Root raking debris shall not be piled in wetlands;

(f) Bedding shall be permitted only in recently abandoned, cultivated wetlands where there are no established Pinelands native forest types; and

(g) Drum chopping shall be permitted, provided that:

[1] It shall not be permitted pine plains native forest types except to create road shoulder fuelbreaks, which shall be limited to 25 feet in width, or to create scattered early successional habitats under two acres in size;

[2] It shall not be permitted in wetlands, except as may be necessary to establish, restore or regenerate Gloucester white cedar. When so used, drum chopping shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and

[3] It shall adhere to the following procedures:

[a] No more than two passes shall be permitted except to create scattered early successional habitats under two acres in size;

[b] Drums shall remain unfilled when used during the dormant season;

[c] Chop up and down the slope on a parcel so the depressions made by the cleats and chopper blades run parallel to the contour of the land to help reduce the occurrence of channeled surface erosion;

[d] Chop so the depressions made by the cleats and chopper blades run parallel to a wetland or water body; and

[e] Avoid short-radius, one-hundred-eighty-degree turns at the end of each straight pass.

(10) The following standards shall apply to silvicultural practices for harvesting:

(a) Clearcutting shall be permitted, provided that:

[1] It shall not be permitted in pine plains native forest types;

[2] It shall be limited to 300 acres or 5% of a parcel, whichever is greater, during any permit period;

[3] A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any clearcut and the parcel boundaries;

[4] A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger clearcut from other twenty-five-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;

[5] Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches' diameter breast height (DBH) and six feet in height shall be left on the parcel for a minimum of five years; and

[6] The area of the parcel subject to the clearcut shall have contoured edges, unless the boundary of the clearcut serves as a firebreak, in which case straight edges may be used;

(b) Coppicing shall be permitted in all Pinelands native forest types, provided that:

[1] It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;

[2] A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any coppice cut and the parcel boundaries;

[3] A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger coppice cut from other twenty-five-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;

[4] Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches' DBH and six feet in height shall be left on the parcel for a minimum of five years; and

[5] The area of the parcel subject to the coppice cut shall have contoured edges, unless the boundary of the coppice cut serves as a firebreak, in which case straight edges may be used;

(c) Seed tree cutting shall be permitted in all Pinelands native forest types, provided that:

[1] It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;

[2] A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any seed tree cut and the parcel boundaries;

[3] A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger seed tree cut from other twenty-five-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;

[4] Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches' DBH and six feet in height shall be left on the parcel for a minimum of five years;

[5] The area of the parcel subject to the seed tree cut shall have contoured edges, unless the boundary of the seed tree cut serves as a firebreak, in which case straight edges may be used;

[6] Dominant residual seed trees shall be retained at a distribution of at least seven trees per acre; and

[7] Residual seed trees shall be distributed evenly throughout the parcel; and

(d) Shelterwood cutting, group selection and individual selection shall be permitted in all Pinelands native forest types.

(11) The following standards shall apply to silvicultural practices for forest regeneration:

(a) Natural regeneration shall be permitted in all Pinelands native forest types and shall be required in the pine plains native forest type, except as provided in Subsection D(11)(b) below; and

(b) Artificial regeneration shall be permitted in all Pinelands native forest types, provided that:

[1] The use of nonnative cuttings, seedlings or seeds shall not be permitted;

[2] The use of hybrid cuttings, seedlings or seeds shall be permitted if it can be demonstrated that the cutting is from a locally native, naturally occurring hybrid which will be planted within its natural range and habitat;

[3] Cuttings, seedlings or seeds shall be collected and utilized so as to ensure genetic diversity; and

[4] When used in pine plains native forest types, artificial regeneration shall only be permitted to restore drastically disturbed sites if seeds or seedlings from the immediate vicinity have been collected from local, genetically similar sources.

(12) Following site preparation and harvesting activities, slash shall either be retained in piles on the parcel, distributed throughout the parcel, removed from the parcel or burned.

(13) Thinning shall be permitted in all Pinelands native forest types, including that which serves to maintain an understory of native plants and/or manage stand composition, density, growth and spatial heterogeneity.

(14) A copy of the forestry permit issued by the Township Zoning Officer shall be conspicuously posted on the parcel which is the site of the forestry activity.

E. Forestry permit procedures.

(1) Applications for forestry permits shall be submitted to the Zoning Officer and shall be accompanied by an application fee as established from time to time by the Township in an amount to cover the projected cost to the Township to administer the permit.

(2) Within 14 days of receipt of an application, the Zoning Officer shall determine whether the application is complete and, if necessary, notify the applicant, in writing, of any additional information which is necessary to complete the application. Should the Zoning Officer fail to make such a determination within 14 days, the application shall be considered to be complete as of the 15th day following its submission.

(3) Within 45 days of determining an application to be complete pursuant to E(2) above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection D above or disapprove any application which does not meet the requirements of Subsection D above. Any such notice of disapproval shall specifically set forth the deficiencies of the application. A copy of the Zoning Officer's determination shall be forwarded to the Planning Board for informal review by the Board.

(4) Upon receipt of a notice of disapproval pursuant to Subsection E(3) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Section D above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection E(3) above.

(5) Failure of the Zoning Officer to act within the time period prescribed in Subsection E(3) and (4) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality, and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.

(6) In reviewing and issuing permits for forestry applications, the Zoning Officer shall also comply with the Pinelands Area notice and review procedures set forth in § 203-9D through G of Article I.

(7) Forestry permits shall be valid for a period of 10 years. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of this chapter and the Pinelands Comprehensive Management Plan are met.

F. Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection E(3) above, the applicant shall be required to pay a fee as established from time to time by the Township, which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.

G. Notification of harvesting. No harvesting shall be commenced until the applicant has provided the Zoning Officer with 72 hours' written notice of the intention to begin harvesting operations.

§ 203-175 Home personal offices.

[Added 8-17-1992 by Ord. No. 1127-92]

Home personal offices for businesses and trades are permitted as accessory uses in designated zoning districts, provided that:

A. The office is clearly incidental to the residential use of the dwelling and shall not change the essential character of the dwelling.

B. The office use shall not constitute more than 10% of the building area.

C. The office shall be for the use of the business owner residing in the dwelling and shall not be used by nonresident employees.

D. The office shall not be used for meeting clients, patrons or customers or for the retail sale of products.

E. No goods, materials or supplies shall be delivered to the premises except as carried by the business owners in their vehicles.

F. No material goods or supplies shall be stored outdoors on site.

G. No signs identifying the business shall be permitted.

H. The business shall be registered with the township under the provisions of Chapter 124, Businesses, Operation of, Article I, Licensing.

§ 203-176 Medical complexes, nursing homes and convalescent centers.

A. Purpose. Medical complexes, general nursing homes and convalescent facilities shall be permitted, provided that the minimum requirements are met as follows:

B. Minimum requirements.

(1) Site size. There shall be a minimum site size of five acres.

(2) Site width. The minimum width of the site shall not be less than 300 feet.

(3) See § 203-60 for on-site parking requirements.

[Amended 7-7-1997 by Ord. No. 1261-97]

(4) Distance between buildings within the complex. The distance between the side wall of one principal building and the front, rear or side walls of any adjoining principal or accessory building shall not be less than 35 feet.

(5) Outdoor sitting areas. Outdoor sitting areas for patients shall be provided which are well-defined by walls, fences, hedges or other plantings designed to impart a sense of containment or security and to provide group privacy. Such sitting areas shall be provided with paved areas of adequate size to provide space for small groups of wheelchairs and garden furniture.

(6) All lighting shall conform to the requirements as set forth within § 203-167B.

[Amended 7-7-1997 by Ord. No. 1261-97]

(7) All other applicable regulations set forth in the commercial district shall apply.

§ 203-177 Places of worship.

A. Purpose. Places of worship shall be permitted in any residential district, except the AG Zone, provided that the following controls shall apply.

B. Minimum requirements.

(1) Minimum lot size. A place of worship shall have a minimum lot size of one acre, with a minimum lot frontage of 150 feet.

(2) Distance of building from property line other than street lines. No building or part thereof shall be erected nearer than a distance of 50 feet to any property line.

(3) Building coverage as a percentage of lot area. All accessory buildings shall be located on the same lot as the principal buildings, and the sum of all areas covered by all principal and accessory buildings shall not exceed 30% of the lot area.

(4) See § 203-60 for on-site parking requirements.

[Amended 7-7-1997 by Ord. No. 1261-97]

C. All applicable regulations expressed in this chapter and in the district in which the use is permitted shall apply.

D. Places of worship are permitted in the FA-10, FA-25 and FA-70 Districts, provided that:

(1) The use does not require or will not generate subsidiary or satellite development.

(2) The applicant has demonstrated that adequate public services are available.

(3) The use is primarily designed to serve the needs of the agricultural or forest area in which the use is to be located.

§ 203-178 Private swimming pools.

Private swimming pools intended for use of the building residents are permitted, provided that:

A. The edge of the pool deck or apron shall be no closer than the required setback for an accessory structure or a minimum of five feet from all property lines, whichever is greater.

[Amended 7-7-1997 by Ord. No. 1261-97]

B. Adequate fencing, with a lock, shall be utilized to prevent unauthorized use. Such fencing shall surround the pool itself or the yard in which it is located and shall be at a four-foot minimum height. In the case of a raised pool, the rail, etc., shall substitute as a fence. In this case, however, the raised system shall have a locked gate or appropriate locking mechanism to prevent unauthorized access.

C. Pool lighting shall be designed and located to prevent glare on contiguous properties.

D. Portable pools such as wading pools or other such pools functioning without a filter system shall not be regulated by this section.

§ 203-179 Professional offices for one professional.

Professional offices for one professional are permitted, provided that:

A. The professional use shall be clearly incidental to the residential use of the dwelling unit and shall not change the essential residential character of the dwelling.

B. The professional use shall not constitute more than 30% of the building's floor area.

C. The office shall be for the exclusive use of the professional who resides on the premises and not more than two employees.

D. No external alteration inconsistent with the residential use of the dwelling unit shall be permitted.

E. No storage of materials or products shall be permitted outside the dwelling unit, and no display of products shall be visible from outside the building.

F. No more than one nameplate or sign of two square feet or less shall be permitted. Such sign may be attached to the residence.

G. See § 203-60 for on-site parking requirements.

[Amended 7-7-1997 by Ord. No. 1261-97]

H. All applicable regulations expressed in this chapter and in the district in which the use is permitted shall apply.

§ 203-180 Schools.

Notwithstanding any other provision contained in this chapter, schools, whether public or private, shall be permitted, except for the AG Zone, provided that:

A. Any school permitted under this subsection shall be a nonprofit organization within the meaning of the Internal Revenue Act and registered effectively as such thereunder.

B. Such school shall have as its prime purpose the general education of students in the arts and sciences and shall be licensed by the New Jersey State Board of Education, if license for its operation is required by law.

C. The minimum lot area shall be five acres plus one acre for each 100 pupils for whom the school is designed.

D. Any other provision contained in this chapter notwithstanding, no school building or part thereof shall be erected nearer than a distance equal to three times the height of such building to any property line other than a street line.

E. All accessory buildings shall be located on the same lot as the principal buildings, and the sum of all areas covered by the principal and accessory buildings shall not exceed 30% of the area of the lot.

F. See § 203-60 for on-site parking requirements.

[Amended 7-7-1997 by Ord. No. 1261-97]

G. No school permitted hereunder shall be a trade school, except to the extent that it is part of the public education process.

H. Schools are permitted in the FA-10, FA-25 and FA-70 Districts, provided that:

(1) The use does not require or will not generate subsidiary or satellite development.

(2) The applicant has demonstrated that adequate public services are available.

(3) The use is primarily designed to serve the needs of the agricultural or forest area in which the use is to be located.

§ 203-181 Setback standards for Pinelands-designated scenic corridors.

A. Purpose. This section provides building setback guidelines for the following areas:

(1) All public, paved roads in the Rural Development and Forest Areas shall be considered scenic corridors except for those roads which provide for internal circulation within residentially developed areas.

(2) Those rivers designated in Subsection D shall be considered as special scenic corridors in any part of the Pinelands.

B. Minimum building setbacks. Except as provided in this section, no permit shall be issued for development other than for agricultural product sales establishments unless the applicant demonstrates that all buildings are set back at least 200 feet from the center line of the scenic corridor.

C. Exceptions from scenic corridor setbacks.

(1) If compliance with the two-hundred-foot setback is constrained by environmental or other physical considerations, such as wetland or active agricultural operation, the building shall be set back as close to 200 feet as practical and the site shall be landscaped so as to provide screening from the corridor.

(2) If an applicant for development approval demonstrates that existing development patterns of the corridor are such that buildings are set back less than 200 feet within 1,000 feet of the site proposed for development, then a setback shall be set for the proposed development which is consistent with the established development pattern, provided that the site is landscaped so as to provide screening between the building and the corridor.

(3) The requirements of Subsection B above shall not apply to residential cluster developments which comply with the standards of § 203-196.1.

[Added 6-18-2012 by Ord. No. 1722-2012]

D. Special scenic corridors. The Great Egg Harbor River as designated in N.J.A.C. 7:50-6.105 and the following tributaries: South River, Mare Run, Deep Run, Watering Race, Jack Pudding Branch, Babcock Creek, Gravelly Run and Miry Run, shall be considered special scenic corridors. All structures within 1/4 mile of the edge of a special scenic corridor shall be designed to avoid adverse visual impact as viewed from the corridor.

[Amended 7-7-1997 by Ord. No. 1261-97]

§ 203-182 Tree preservation.

[Amended 7-7-1997 by Ord. No. 1261-97]

A. Purpose. The preservation of existing trees, especially rare and endangered species, specimens and all trees with caliper equal or greater than 15 inches on a development site shall be a primary component of the landscape plan submitted for that project.

B. The following figures indicate the methods to be incorporated for protecting designated trees during and after construction.[1]

[1] Editor's Note: L.S. Figures 1 through 5, 7 and 8 are located at the end of this chapter.

C. The developer shall clearly mark on the site plan and landscape plan trees which are to be preserved. Species and caliper of rare and endangered species, specimens and all trees with caliper equal or greater than 15 inches shall be indicated on the plans.

D. Any damage incurred to trees designated for preservation shall be immediately repaired. Roots exposed and/or damaged during development shall be immediately trimmed, treated and covered with topsoil.

E. Tree replacement guide.

[Amended 8-15-2005 by Ord. No. 1539-2005]

	Tree Caliper	Removed	Replace
	Deciduous	2"-4"	4"
		5"-8"	2 four-inch caliper trees
		9"-12"	3 four-inch caliper trees
		Greater than 12"	Four-inch caliper tree with multiplier = diameter removed
	Evergreen	Up to 6'-0"	6'-0" tall
		6'-8'-0"	8'-0" tall
		8'-12'-0"	12'-0" tall
		Greater than 12-0"	6'-0" tall trees with multiplier = height removed
	Ornamental	2"-4"	4"
		5"-8"	2 four-inch caliper trees
		9"-l2"	3 four-inch caliper trees
		Greater than 12"	Four-inch caliper tree with multiplier = diameter removed
	Shrub	Up to 4'0"	4'-0" diameter
		4'-6'-0"	6'-0" diameter
		7'10'-0"	10'-0" diameter

F. The removal of vegetation beyond the approved vegetation clearing limit shall result in the following fines:

[Added 8-15-2005 by Ord. No. 1539-2005]

(1) For every caliper inch of tree removed that can be field measured, estimated from direct field observation or, if direct field observation or measurement is not possible, extrapolated from digital site photograph(s), the applicant/developer shall pay $100 per inch of tree caliper removed.

(2) The payment shall be made by certified check to the Township of Hamilton.

§ 203-183 Wetlands development.

A. Development shall be prohibited in all wetlands and wetlands transition areas in the Pinelands Area, except for the following uses:

[Amended 5-17-1993 by Ord. No. 1148-93]

(1) Horticulture of native Pinelands species.

(2) Berry agriculture.

(3) Beekeeping.

(4) Forestry.

(5) Fish and wildlife activities and wetlands management in accordance with N.J.A.C. 7:50-6.10.

[Amended 11-13-2012 by Ord. No. 1731-2012]

(6) Low-intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating and swimming and other low-intensity recreational uses, provided that any development associated with those other uses does not result in a significant adverse impact on the wetland as set forth in Subsection B(2) below.

(7) Private docks, piers, moorings and boat launches.

(8) Bridges, roads, trails and utility transmission and distribution facilities and other similar linear facilities, provided that:

(a) There is no feasible alternative route (or site) for the facility that does not involve development in a wetland or, if none, that another feasible route (or site) on wetlands does not exist;

(b) The (public) need for the proposed linear improvement cannot be met by existing facilities or modification thereof;

(c) The use represents a need which overrides the importance of protecting the wetland;

(d) Development of the facility will include all practical measures to mitigate the adverse impact on the wetland; and

(e) The resources of the Pinelands will not be substantially impaired as a result of the facility and its development, as determined exclusively based on the existence of special and unusual circumstances.

B. Performance standards.

(1) No development, except for those uses which are specifically authorized in Subsection A(1) through (4) above, shall be carried out within 300 feet of any wetland area in Hamilton Township unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland area.

(2) A significant adverse impact shall be deemed to exist where it is demonstrated that one or more of the following modifications of a wetland will have an irreversible effect on the ecological integrity of the wetland and its biotic components, including but not limited to threatened or endangered species of plants or animals:

(a) An increase in surface water runoff discharge into a wetland.

(b) A change in the normal seasonal flow patterns in the wetland.

(c) An alteration of the water table in the wetland.

(d) An increase in erosion resulting in increased sedimentation in the wetland.

(e) A change in the natural chemistry of the ground or surface water in the wetland.

(f) A loss of wetland habitat.

(g) A reduction in wetland habitat diversity.

(h) A change in wetlands species composition.

(i) A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting or feeding.

(3) Determinations under Subsection B(2) above shall consider the cumulative modifications of the wetland due to the development being proposed and any other existing or potential development which may affect the wetland.

C. Applicability. The standards established herein shall apply to all wetlands areas in Hamilton Township except where regulations adopted by the state or federal agencies supersede local authority.

§ 203-184 Public utility substations.

[Amended 4-18-2005 by Ord. No. 1519-2005]

A. The purpose of this section is to provide procedures and regulations regarding the construction of public utility substations to protect the Hamilton Township community from visual or other adverse impacts of these facilities, while encouraging their unobtrusive development to provide the benefits of comprehensive public utility services to the Hamilton Township community, its residents and businesses.

B. As used in this section, the following terms shall be defined as indicated:

GENERATING PLANT/FACILITY

A public utility facility at which are located prime movers, electric generators, electric substations and auxiliary equipment for converting mechanical, chemical and/or nuclear energy into electric energy.

GENERATING STATION, PEAK LOAD

A public utility facility in which generation/production shall only be of temporary use where essential for the peak load use of a public utility or less than 15% of the time per generating unit ("time" meaning one calendar year) or during declared emergencies.

PUBLIC UTILITY

Any service: (1) Under exclusive or public franchise, or under state or federal regulations, or under certificate of convenience and necessity, providing the public with electricity, gas, heat, steam, communication, rail transportation, water and sewage; or (2) As defined in N.J.S.A. 48:2-13 as a public utility regulated by the New Jersey Board of Public Utilities which is required to provide service to all who apply within its franchised area, but specifically excluding solid waste/recycling collection, treatment and/or disposal and wireless telecommunication facilities.

PUBLIC UTILITY FACILITIES

Telephone and electric lines, poles, equipment and structures, water or gas pipes, hydrants, valves, mains or structures or sewer pipes, together with accessories, appurtenances, peak load generating stations and substations maintained, operated and conducted for the service, convenience, necessity, health and welfare of the public along with all buildings and structures relating to the furnishing of utility services, including electricity, gas, heat, steam, communication, rail transportation, water and sewage, and not including wireless telecommunication services.

PUBLIC UTILITY STRUCTURES

All buildings, substations and appurtenances relating to the furnishing of utility services, including electricity, gas, heat, steam, communication, rail transportation, water and sewage, but not including wireless telecommunication services.

SUBSTATION

A structure or facility which collects, processes and/or distributes a public utility commodity, but not including wireless telecommunication services. Substations may include on-site generators for emergency use only and not for distribution to the surrounding area.

SUBSTATION, CATV

A public utility facility distributing cable communication services by the use of appurtenances related with CATV for the use of the public.

SUBSTATION, ELECTRIC

A public utility facility for changing or regulating the voltage of electricity.

SUBSTATION, GAS

A public utility facility distributing or processing gas, by the use of pumps, generators and other appurtenances for distribution to the public.

SUBSTATION, SEWER

A utility facility distributing or processing sewer waste, by the use of pumps for the purpose of transmission to a wastewater treatment facility.

SUBSTATION, TELEPHONE/COMMUNICATIONS

A public utility facility distributing telecommunication services by the use of appurtenances related with telephone for the use of the public.

SUBSTATION, WATER

A public utility facility distributing or processing water, by the use of pumps to distribution lines to service the public.

C. Permitted use locations for public utility facilities.

(1) Public utility substations shall be a permitted use in all zones of the Township, provided that substations in the Pinelands Forest, Agricultural Production and Rural Development areas comply with the respective provisions of N.J.A.C. 7:50-5.23(b)12, 5.24(b)9 and 5.25(b)10, and subject to the zoning requirements for the district in which they are to be located, including land area, structure setback requirements, structure height, and landscaping. The facilities shall not be open to the public and shall be necessary to service the surrounding area. No permanent storage of material or surplus equipment, except for functional equipment within the subject building, shall be permitted in the building or on the lot. If such a facility is placed within a residential district, the architectural character shall blend in harmoniously with the surrounding area.

[Amended 7-5-2005 by Ord. No. 1532-2005]

(2) Peak load generating stations shall be permitted only in nonresidentially zoned districts located in the Regional Growth Area, provided that such a facility is in full compliance of Subsections E, F and H of this section.

(3) Generating plants/facilities shall not be permitted in the Township.

D. Development standards for public utility substations.

(1) Applications. Applications shall be submitted to the appropriate land use agency for all public utility substations.

(2) Bulk requirements.

(a) Height standards. All public utility substations shall conform to the height requirements of the zoning district in which they are proposed.

(b) Lot area. All public utility substations shall conform to the lot area requirements of the zoning district in which they are proposed.

(c) Setbacks. All public utility substations shall conform to the setback requirements of the zoning district in which they are proposed.[1]

[1] Editor's Note: Subsection D(3), regarding the Pinelands Comprehensive Management Plan, which subsection immediately followed this subsection, was repealed 7-5-2005 by Ord. No. 1532-2005.

E. Discharge and/or emission control devices for all public utility facilities. Any owner, agent, manager, tenant or occupant of any building to which is attached any chimney, smokestack or other vent connected with any stationary engine, steam boiler, fuel-burning equipment or any other apparatus or equipment which does or is likely to emit noxious gases, fumes, smoke containing soot, dust or other objectionable materials shall place upon said apparatus, equipment, chimney, smokestack or other vent necessary and appropriate emission control device(s) that is consistent with and complies with all applicable state and federal laws and regulations for eliminating such noxious gases, fumes, smoke containing soot, dust or other objectionable materials before they are discharged into the open air. The facility must be constructed and operated in a manner that meets all local, state and federal regulations with respect to air quality standards.

F. Additional criteria to be followed for all public utility facilities.

(1) The proposed installation in a specific location must be reasonably necessary for the satisfactory provision of service by the utility to the area in which the particular use will provide service.

(2) The design of any building in connection with such facilities must not adversely affect the safety and general welfare of the community and the character of the neighborhood in the surrounding area and shall not create a visual intrusion

(3) Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Code in effect at the time of construction.

(4) Landscaping, including shrubs, trees and lawns, as may be required, including screening consisting of three constantly maintained staggered rows of evergreens 18 feet or less on centers, minimum of 15 feet in height or minimum of five inches in diameter, in a fifty-foot buffer or as approved by the Board. Adequate and attractive fences and other safety devices will be provided for sufficient landscaping; including shrubs, trees and lawn are provided and will be periodically maintained, as defined by an approved maintenance schedule. Landscaping shall conform to § 203-169 in addition to the above.

(5) Off-street parking shall be provided as determined by § 203-60 during site plan review, based on applicant testimony as to the number of full- and part-time employees, as well as vendors and visitors to the facility.

G. Nonconforming public utility substations. Public utility substations in existence on the date of the adoption of this article, which do not comply with the requirements of this article (nonconforming public utility substations), are subject to the following provisions.

(1) Nonconforming public utility substations may continue in use for the purpose now used, but may not be expanded without complying with this article.

(2) Nonconforming public utility substations which are partially damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefor, but without otherwise complying with this article. If this destruction is greater than 50%, then repair or restoration will require compliance with this article.

H. Peak load generating station criteria.

(1) Peak load generating stations shall adhere to the following additional requirements:

(a) Area and bulk requirements.

[1] Lot area. Peak load generating stations shall conform to the lot area requirements of the zoning district in which they are proposed, provided that the minimum lot area shall be contiguous and equal to or exceeding four times the area of the generating equipment, buildings and structures proposed to be developed.

[2] Height standards. The primary and any secondary structures of a peak load generating station shall meet the height requirements of the zoning district. Any smokestack or chimney connected to these structures shall not exceed 60 feet in height.

[3] Setbacks. Peak load generating stations shall conform to the setback requirements of the zoning district for which they are proposed and shall be sited upon a property which is no less than 1,000 feet from the boundary line of any residential zoning district.

(b) Fuels must be of regenerative cell, solar, hydro, wind and/or natural gas.

(c) Facilities shall not use fuels of nuclear, coal, wood, diesel, oil or anthracite products to generate/produce electricity.

(d) Generating/production shall be kept to only peak load periods between the hours of 7:00 a.m. and 10:00 p.m. with total usage less than 15% of the time ("time" meaning one calendar year) or when an authority hearing jurisdiction has declared an emergency that is related to the satisfactory and convenient provision of utility service to the neighborhood or area in which the particular use is to be located.

(e) The proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of utility service to the area in which the particular use will provide service.

(2) Any peak load generating station which does not meet all the requirements listed in Subsection H shall be a nonpermitted use.

§ 203-184.1 Personal wireless telecommunications facilities (PWTFs).

[Added 8-19-2002 by Ord. No. 1432-2002]

A. The purpose of this section is to provide procedures and regulations for personal wireless telecommunications facilities (PWTFs) to protect the Hamilton Township Community from the visual or other adverse impacts of such facilities, while encouraging their unobtrusive development to provide the benefits of comprehensive wireless communications services to the Hamilton Township Community, its residents and businesses. The Township expresses a preference that antennae be collocated on other similar facilities, or located on existing governmental, utility, or other institutional buildings and towers, rather than for new construction of telecommunications towers.

B. As used in this section, the following terms shall be defined as indicated:

ANTENNA(E)

A system or systems of electrical conductors that transmit or receive radio frequency signals for wireless communications.

ANTENNA SUPPORT STRUCTURE

A structure, other than a Telecommunications Tower, which is attached to or located on a building or other structure, and on which one or more Antenna(e) are or may be located.

COLLOCATION

Use of a common PWTF or a common site by two or more wireless license holders, or by one wireless license holder for more than one type of communications technology, and/or placement of a PWTF on a building or structure owned or operated by a utility or other public or institutional entity.

HAMILTON TOWNSHIP COMMUNITY

All areas within the borders of the Township of Hamilton, in the County of Atlantic, State of New Jersey.

PERSONAL WIRELESS TELECOMMUNICATIONS FACILITIES (PWTFs)

Facilities for the provision of wireless communications, including but not limited to, antennae, antenna support structures, telecommunications towers, transmission equipment, storage sheds, storage buildings, security fencing, landscaping, and related facilities.

TELECOMMUNICATIONS TOWER

A freestanding structure on which one or more antennae are located, including lattice towers, guyed towers, monopoles and similar structures.

WIRELESS COMMUNICATIONS

Any personal wireless services as defined in the Federal Telecommunications Act of 1996 (FTA), including FCC-licensed commercial wireless telecommunications services and cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. Such term does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennae, nor does it include noncellular telephone service.

C. Conditional use. Wireless communications utilizing PWTFs shall be deemed a conditional use within all zoning districts, and may be permitted upon the applicant's compliance with the specifications and standards hereinafter set forth in this section.

D. Development standards.

(1) Applications. Applications shall be submitted for site plan approval, conditional use review, and other required approvals for all new PWTFs, telecommunications towers, modifications to existing PWTFs, and collocation of antennae on existing PWTFs or on existing buildings.

(2) Pinelands Comprehensive Management Plan. All PWTFs subject to the provisions herein which are located with the Pinelands Area shall comply with the standards of N.J.A.C. 7:50-5.4 of the Pinelands Comprehensive Management Plan and any comprehensive plan for such facilities approved by the Pinelands Commission in accordance with N.J.A.C. 7:50-5.4(c)(6).

(3) No Telecommunications Tower may be constructed unless it has the capacity to collocate at least three other PWTF carriers. In no event, however, shall the height of a Telecommunications Tower exceed 150 feet above ground level unless the applicant demonstrates, by written evidence, that the modification is necessary to facilitate collocation of the telecommunications facilities in order to avoid construction of a new tower or meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an engineer that demonstrates that the height of the proposed tower is the minimum height required to function satisfactorily, and no tower that is taller than such minimum height shall be approved. In no case shall a tower exceeding 200 feet in height be approved. Any antenna support structure on which a PWTF is mounted shall not extend more than 10 feet above the height of the building or structure to which it is proposed to be attached.

(4) All telecommunications towers and antenna support structures shall be subject to a minimum front, side, and rear yard requirement of 1/2 the height of the Telecommunications Tower or antenna support structures, or the minimum yard requirements of the zoning district in which it is located, whichever is greater. Where necessary to address particular safety concerns, the minimum setback requirement may be increased.

(5) If PWTFs are located on the roof of a building, whether on an antenna support structure or otherwise, the area of the PWTFs and other equipment and structures shall not occupy more than 25% of the roof area.

E. Specific site plan submission requirements. In addition to the applicable documentation and items of information required for site plan approval, the following additional documentation and items of information are required to be submitted for review and approval as part of the site plan submission:

(1) A report, signed by a qualified expert, documenting the capacity of any proposed PWTF for the number and type of antennae;

(2) A report, signed by a qualified expert, documenting that any proposed PWTF will have sufficient structural integrity to support the proposed antennae and the anticipated future collocated antennae and that the structural standards developed for antennae by the Electronic Industries Association and/or the Telecommunication Industry Association have been met;

(3) A letter of intent by the applicant, in a form which is reviewed and approved by the Township Solicitor, indicating that the applicant will share the use of any PWTF with other approved providers of wireless communication services; and

(4) A visual impact study, graphically simulating through models, computer-enhanced graphics, or similar techniques, the appearance of any proposed telecommunications tower and indicating its view from locations around and within one mile of the proposed PWTF where the PWTF will be most visible. Aerial photographs of the impact area shall also be submitted.

(5) If the PWTF is proposed to be located in the Pinelands Area, a description of the relationship of the proposed facility to any comprehensive plan for local communication facilities which has been approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c).

F. Collocation policy.

(1) The Township Planner shall maintain records identifying existing PWTF locations within or near the Hamilton Township Community, copies of which shall also be on file in the Township of Hamilton Planning Office.

(2) An applicant proposing a PWTF at a new location shall demonstrate that it has made a reasonable attempt to locate and procure a collocation site acceptable to engineering standards and that none are feasible.

(3) Each application for a PWTF shall be accompanied by a plan which shall reference all existing PWTF locations in the applicant's Hamilton Township community inventory, any such facilities in proximate municipalities which may provide service to areas within the Hamilton Township community, and to the extent known, any changes proposed within the next following twelve-month period, including plans for new locations and the discontinuance or relocation of existing PWTF facilities.

(4) Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs, and the reasons for the selection of the subject site. The analysis shall address the following issues:

(a) The manner in which the proposed location of the PWTF achieves the objective of providing full wireless communications services within the Hamilton Township community at the time the proposed PWTF is placed into service by the applicant.

(b) The manner in which the location of the proposed PWTF relates to the location of any existing antennae, or Telecommunications Tower, or PWTF within and near the Hamilton Township community.

(c) The manner in which the proposed location of the PWTF relates to the anticipated need for additional antennae or PWTFs within and near the Hamilton Township community, whether by the applicant or by other providers of wireless communications services;

(d) The manner in which the proposed location of the PWTF relates to the objective of collocating the antennae of different providers of wireless communications services on the same PWTF; and

(e) The manner in which the applicant's plan specifically relates to and is coordinated with the needs of all other providers of wireless communications services within or affecting the Hamilton Township community.

(5) The Planning or Zoning Board may retain such technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis. The applicant shall bear the reasonable cost associated with such consultation, which cost shall be deposited in accordance with Hamilton Township's escrow provisions.

G. Conditional use standards. All PWTFs shall comply with the following standards:

(1) The applicant shall demonstrate the need for a PWTF in the area in which it is proposed to be located, and shall further demonstrate that the site is appropriate for the proposed location of the PWTF. The appropriateness of a proposed site shall be based upon an analysis of and comparison with other potential sites in the area, including without limitation the consideration of such factors as: the ability of the applicant to collocate its facility on existing PWTFs in accordance with the policies set forth in § 203-184.1F; the availability of other sites upon which there are existing governmental, utility, or other institutional structures on which the PWTF can reasonably be mounted on an antenna support structure; the existence of potential usable sites that are not in close proximity to residential areas, and the extent to which there are other potential sites that are more consistent with the requirements of this section, and which enable the applicant to provide adequate service as required by applicable law.

(2) Except as set forth in Subsection G(1) above regarding collocation and mounted PWTFs on antenna support structures, and except as set forth in § 203-184.1G(9)(a) through (d) below, PWTFs shall not be permitted as a second principal use on any site.

(3) For all PWTFs, adequate traffic ingress and egress shall be provided and designated so as to cause minimum interference with the traffic on abutting streets, as well as ready accessibility to emergency and service vehicles.

(4) Sites for PWTFs must demonstrate that they provide the least possible visual impact on residential areas and public rights-of-way. All potential visual impacts must be analyzed to demonstrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility.

(5) PWTFs should be located to avoid being visually solitary or prominent when viewed from residential areas and the public right-of-way. The facility should be buffered by vegetation, tree cover, topographic features and/or other structures to the maximum extent feasible.

(6) PWTFs shall be placed to ensure that historically significant viewscapes, streetscapes, and landscapes are protected. The views of and vistas from architectural and/or significant structures should not be impaired or diminished by the placement of PWTFs.

(7) Monopole. Any proposed new Telecommunications Tower shall be a monopole unless the applicant can demonstrate, or the Planning Board determines, that a different type of pole is necessary for the collocation of additional antennae on the tower, or would better blend into the surrounding environment.

(8) PWTFs shall be located so as to avoid, to the maximum extent practicable, visual impacts as viewed from the wild and scenic rivers and special scenic corridors listed in § 203-181D.

(9) PWTFs shall be conditionally permitted in the FA-10, FA-25, FA-70, MV, RD-1, RD-2.5, RD-4 and RD-5 Zones only at the following locations:

[Amended 8-18-2003 by Ord. No. 1472-2003; 11-19-2007 by Ord. No. 1613-2007]

(a) On developed publicly owned lands within 500 feet of an existing structure, provided that the tower facility will be located on previously disturbed lands that have not subsequently been restored and that no tower will be located on State, county or municipal conservation lands, State recreation lands or county and municipal lands used for low-intensity recreational purposes;

(b) On the parcel of an approved resource extraction operation, provided that the tower facility will be located on previously disturbed lands that have not subsequently been restored;

(c) At a first aid or fire station; or

(d) At a landfill, provided that the tower facility will be located on previously disturbed lands that have not subsequently been restored.

(10) If a PWTF is proposed to be located in the Pinelands Area, the applicant shall seek to site the facility in accordance with the Pinelands Commission's hierarchical policy for the specific siting of telecommunications facilities. This policy requires the following order of preferences:

(a) Outside the Pinelands;

(b) Pinelands regional growth areas, Pinelands towns and the developed portions of military and federal installations;

(c) Pinelands rural development areas, agricultural production areas, undeveloped portions of military and federal installation areas and Pinelands Villages other than those expressly identified in N.J.A.C. 7:50-5.4(c)6; and

(d) Pinelands preservation area district, special agricultural production areas, forest areas and the Pinelands villages expressly identified in N.J.A.C. 7:50-5.4(c)6, provided that the resulting site does not cause an increase in the number of new towers identified in a comprehensive plan approved by the Pinelands Commission for this group of management areas.

H. Site design standards. The following design standards shall apply to PWTFs installed or constructed pursuant to the terms of this section:

(1) Fencing and other safety devices. PWTFs shall be surrounded by a security fence. The security fence shall be chain link eight feet in height, and shall be vinyl coated. All telecommunications towers and antenna support structures shall be designed with anticlimbing devices in order to prevent unauthorized access. Additional safety devices may be permitted or required, as needed.

(2) Landscaping.

(a) Landscaping shall be provided along all sides of the security fence. The landscaping shall consist of a vegetative buffer comprised of densely branched evergreen trees acceptable to the New Jersey Pinelands Commission. Where feasible, the buffer shall be staggered to appear natural and shall incorporate existing, significant vegetation. Evergreen trees shall be installed at a height of six feet to eight feet.

(b) Where the buffer is to be viewed by pedestrian or vehicular traffic, a mix of evergreen and deciduous shrubs shall front the evergreen buffer. The design shall be submitted to the Planning Board Landscape Architect or other appropriate consultant for consideration. Shrubs shall be at minimum 30 inches to 36 inches in height at the time of installation.

(c) The required setback areas shall be maintained in their natural condition (i.e., prior to disturbance), particularly if vegetated. Should the lot be sparsely vegetated, additional deciduous shade trees shall be added to form an overhead canopy of foliage, further mitigating the equipment and the structures. Shade trees shall be one for every 30 feet of linear lot frontage. A corner lot will have two frontages.

(d) Where side and rear yards abut residential uses, the same shade trees treatment shall be required, and in the same quantitative manner, as herein provided. Shade trees shall be installed at 14 feet in height, and approximately three inches through 3 1/2 inches caliper in trunk size.

(e) The landscape section of this section is to insure the proper visual buffering and aesthetic treatment of the site without interfering with normal operations.

(3) Signs. Signs shall not be permitted except for those displaying owner contact information, warnings, equipment information, and safety instructions. Such signs shall not exceed two square feet in area for each sign. No commercial advertising shall be permitted on any PWTF, Telecommunications Tower, or antenna support structure.

(4) Color. PWTFs shall be of a color appropriate to the tower's locational context, with the intention to make it as unobtrusive as possible, unless a particular color is otherwise required by other applicable laws.

(5) Activity and access. All equipment shall be designed and automated to the greatest extent possible in order to reduce the need for on-site maintenance and to minimize the need for vehicular trips to and from the site. Access shall be from established site access points whenever possible. Minimal off-street parking shall be permitted as needed and as approved.

(6) Dish antennae. Dish antennae shall be colored, camouflaged or screened to be as unobtrusive as possible and in no case shall the diameter of a dish antenna exceed six feet. Any dish antenna installed to satisfy federal, state, county, or local government public safety requirements that conflict with the foregoing requirements shall be exempt from such requirements.

(7) Lighting. No lighting shall be permitted except as follows:

(a) PWTFs enclosing electronic equipment may have security and safety lighting at the entrance, provided that the lighting is attached to the facility, is focused downward, and is on timing devices and/or sensors so that the lighting is turned off when not needed for safety or security purposes; and

(b) No lighting shall be permitted on a Telecommunications Tower or antenna support structure except such lighting that is specifically required by the Federal Aviation Administration, and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.

(8) Noise. No equipment shall be operated so as to produce noise in excess of the limits set by the local noise ordinance,[1] except for emergency situations requiring the temporary use of a backup generator.

[1] Editor's Note: Seethe Code of the Township of Hamilton, Ch. 214, Noise.

(9) Radio frequency (RF) emissions. PWTFs which meet the applicable federal standards for RF emissions shall not be conditioned or denied on the basis of any RF impacts. Applicants shall provide current information regarding applicable federal standards concerning PWTFs and RF emission standards. Applicants shall be further required to provide information on the projected power density of the proposed PWTF and the manner in which such PWTF meets the applicable standards.

(10) Structural integrity. PWTFs must be constructed to the Electronic Industries Association/Telecommunications Industries Association 222 Revision F Standard (ANSI/TIA/EIA-222-F-96), entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures," (or its equivalent), as it may be updated or amended from time to time.

(11) Maintenance. PWTFs shall be maintained to assure their continued structural integrity. The owner of the PWTF shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance, and that it is in accordance with the approved site plan.

(12) Collocation accommodations. Construction of any new telecommunications tower or antenna support structure shall be designed and erected to accommodate public safety and emergency services antenna and equipment, whenever feasible.

I. Nonconforming PWTFs. PWTFs in existence on the date of the adoption of this section which do not comply with the requirements of this section (nonconforming PWTFs) are subject to the following provisions.

(1) Nonconforming PWTFs may continue in use for the purpose now used, but may not be expanded without complying with this section.

(2) Nonconforming PWTFs that are partially damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefor, but without otherwise complying with this section. If this destruction is greater than 50 percent, however, then such repair or restoration will require compliance with this section.

(3) The owner of any nonconforming PWTF may repair, rebuild and/or upgrade (but not expand such PWTF or increase its height or reduce its setbacks), in order to improve the structural integrity of the facility, to allow the facility to accommodate collocated antennae or facilities, or to upgrade the facilities to current engineering, technological or communications standards, without having to conform to the provisions of this section.

J. Abandonment and removal. In accordance with regulations adopted by the Pinelands Commission, the following provisions shall apply:

(1) Abandonment. Any telecommunications tower, PWTF's, antennae, and other equipment, which are not operated for wireless communication purposes for a continuous period of six months, shall be considered abandoned, whether or not the owner or operator intends to make use of it or any part of it, and shall be removed by the facility owner at its cost. The owner of a telecommunications tower, PWTF, or antennae, and the owner of the property on which the facility is located, shall be under a joint and several duty to remove the abandoned telecommunications tower, PWTF, antennae, and other equipment at their cost. If such telecommunications tower, PWTF, antennae, or other equipment are not removed within 60 days of the receipt of notice from the Township notifying the owner or owners of such abandonment, the Township may cause or effectuate removal as set forth below.

(2) Removal. When an owner of a telecommunications tower, PWTF, antennae, and other equipment who has been provided notice for the removal thereof, fails to do so within 60 days of notice from the Township of such abandonment, then the Township may remove such Telecommunications Tower and/or equipment and place a lien on the property for the costs incurred for such removal. If removed by the owner, a demolition permit shall be obtained and the facility and equipment shall be removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment. The facility owner shall post a bond at the time that a construction permit is issued for demolition to cover the cost of removal and site restoration. The amount of the bond shall take into consideration any cost escalation that may be reasonably anticipated.

§ 203-185 Vegetation removal and fire management.

A. Vegetation removal and landscaping.

[Amended 8-17-1992 by Ord. No. 1127-92; 8-4-1997 by Ord. No. 1280-97]

(1) All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.

(2) Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:

(a) Avoid wooded areas, including New Jersey's Record Trees, as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated.

(b) Revegetate or landscape areas temporarily cleared or disturbed during development activities.

(3) All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection A(4) below.

(4) In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection A(3) above or required pursuant to §§ 203-116A(1)(t) and 203-167 shall incorporate the following elements:

(a) The limits of clearing shall be identified.

(b) Existing vegetation, including New Jersey's Record Trees, as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design where practical.

(c) Permanent lawn or turf areas shall be limited to those specifically intended for active human use, such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure.

(d) Shrubs and trees authorized by N.J.A.C. 7:50-6.25, entitled Pinelands Vegetation Removal and Landscaping Standards, shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:

[1] In a DC District or Planned Commercial Development, up to 50% of each type of plant material (canopy trees, evergreen buffer, shrubs and ground cover) may be non-native materials;

[2] In Planned Residential Development in the GA-I and/or GA-M Districts, up to 50% of the evergreen buffer, shrubbery and ground cover and up to 25% of the canopy and/or ornamental trees may be non-native material;

[3] In any commercial district, up to 25% of the canopy trees may be non-native species, and when a commercial use abuts a residential district or use, up to 50% of the evergreen buffer may be non-native species;

[4] Non-native street trees may be installed along Route 50 (Cape May Avenue) between 15th Street and its intersection with Route 40 and Mill Street and along Main Street between Sugar Hill Circle and Lenape Avenue;

[5] When the parcel to be developed or its environs contain a predominance of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;

[6] For limited ornamental purposes around buildings and other structures; or

[7] When limited use of other shrubs or tree species is required for proper screening or buffering.

(5) Lot disturbance.

[Added 6-19-2000 by Ord. No. 1368-2000]

(a) Schedule of lot disturbance permitted for major residential subdivision lot size:

	Lot Sizes	Maximum Lot Disturbance Permitted
	Less than 10,000 square feet	65%
	10,001 square feet to 20,000 square feet	55%
	20,001 square feet to 1 acre	40%
	Greater than 1 acre to 3.2 acres	30%
	Greater than 3.2 acres	20%

(b) There will be a maximum 65% lot disturbance per site permitted for all town homes, condominiums, garden apartments and zero lot line applications.

(c) For all residential applications, the initial clearing will be limited to the clearing necessary to construct all roadways and drainage facilities only. All building lots shall be cleared on an individual basis upon the issuance of a building permit or an approved landscaping and lot disturbance plan.

(d) The applicant will also be required to flag and well all trees greater than eight inches in diameter that are outside the building envelope to be saved as part of the landscaping plan.

[Amended 8-15-2005 by Ord. No. 1538-2005]

(e) All individual plot plans must conform to the provisions of the requirements of this section. All plot plans must contain the limits of disturbance, existing and proposed grading, existing trees to be preserved and any trees to be installed in conjunction with the landscaping plan. The Township Engineer will complete an inspection of all building lots prior to the issuance of a building permit to ensure compliance with the disturbance regulations.

(f) All plant material to be preserved shall be protected from damage during construction by fencing or similar barrier. Tree protection devices shall be installed before any excavation or grading is initiated and shall be maintained for the duration of the construction period. The location and extent of all protection devices shall be indicated on the landscaping plan.

(g) As a minimum precaution, the contractor shall install snow fencing supported by steel posts adjacent to the areas where plant materials are to be protected.

(h) Any damage incurred to existing trees shall be immediately repaired. Roots exposed and/or damaged during grading operations shall be immediately trimmed, treated and covered with topsoil.

(i) If trees designated for preservation are damaged, the applicant shall replace them with plant material similar in size and type as the original specimen. The specific replacement policy with respect to size/survival criteria shall be developed by an independent landscape architect and shall be submitted for review by the township professionals.

(j) Trees may be preserved in areas where less than 24 inches of fill is proposed by observing the following procedures: Such trees shall be protected by a cylindrical sheath of galvanized metal placed within six inches of the trunk on all sides. Before soil is placed over the root stems, a layer of broken stone or coarse gravel shall be laid down to within six inches of finished grade. A one-half-inch-thick fiberglass blanket with seams lapped at least six inches shall be spread over the gravel to enhance air circulation to the root zone. The remaining elevation shall be filled with topsoil. The area to be treated in this manner shall extend to the outer dripline of the branches.

(k) Section 203-185A(5) will apply only to residential uses up to the issuance of a certificate of occupancy for the dwelling.

B. Fire management.

(1) The standards in this section are applicable to all development in the Pinelands Area of Hamilton Township.

(2) The following vegetation classifications shall be used in determining the fire hazard of a parcel of land.

	Hazard	Vegetation Type
	Low	Atlantic white cedar; hardwood swamps
	Moderate	Nonpine barrens forest; prescribed burned areas
	High	Pine barrens forest, including mature forms of pine, pine-oak or oak-pine
	Extreme	Immature or dwarf forms of pine-oak or oak-pine; all classes of pine-scrub oak and pine-lowland

(3) No development shall be carried out in the Pinelands Area of the township in vegetated areas which are classified as moderate, high or extreme hazard under the fire hazard classification set out in Subsection B above unless such development complies with the following standards:

(a) All proposed developments, or units or sections thereof, of 25 dwelling units or more will have two accessways of a width and surface composition sufficient to accommodate and support fire-fighting equipment.

(b) All dead-end roads will terminate in a manner which provides safe and efficient entry and exit for fire equipment.

(c) The rights-of-way of all roads will be maintained so that they provide an effective fire break.

(d) A fire hazard fuel break is provided around structures proposed for human use by the selective removal or thinning of trees, bushes, shrubs and ground cover as follows:

[1] In moderate fire hazard areas, a fuel break of 30 feet measured outward from the structure in which:

[a] Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.

[b] All dead and irreparably damaged plant material, as well as those plants listed on New Jersey's list of invasive species, is removed. The Township Landscape Architect shall determine or verify irreparably damaged plant material in the field prior to the clearing operation.

[Amended 7-7-1997 by Ord. No. 1261-97]

[2] In high fire hazard areas, a fuel break of 75 feet measured outward from the structure in which:

[a] Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.

[b] All dead and irreparably damaged plant material, as well as those plants listed on New Jersey's list of invasive species, is removed. The Township Landscape Architect shall determine or verify irreparably damaged plant material in the field prior to the clearing operation.

[Amended 7-7-1997 by Ord. No. 1261-97]

[3] In extreme high hazard areas, a fuel break of 100 feet measured outward from the structure in which:

[a] Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.

[b] No pine tree (Pinus species) is closer than 25 feet to another pine tree.

[c] All dead and irreparably damaged plant material, as well as those plants listed on New Jersey's list of invasive species, is removed. The Township Landscape Architect shall determine or verify irreparably damaged plant material in the field prior to the clearing operation.

[Amended 7-7-1997 by Ord. No. 1261-97]

(e) All residential development of 100 dwelling units or more in high or extreme high hazard areas will have a two-hundred-foot perimeter fuel break between all structures and the forest in which:

[1] Shrubs, understory trees and bushes and ground cover are selectively removed, mowed or pruned and maintained on an annual basis.

[2] All dead and irreparably damaged plant material, as well as those plants listed on New Jersey's list of invasive species, is removed. The Township Landscape Architect shall determine or verify irreparably damaged plant material in the field prior to the clearing operation.

[Amended 7-7-1997 by Ord. No. 1261-97]

[3] Roads, rights-of-way, wetlands and waste disposal sites shall be used as fire breaks to the maximum extent practical.

[4] There is a specific program for maintenance.

(f) All structures will meet the following specifications:

[1] Roofs and exteriors will be constructed of fire-resistant materials such as asphalt rag felt roofing, tile, slate, asbestos cement shingles, sheet iron, aluminum or brick. Fire-retardant treated wood shingles or shake-type roofs are prohibited in high or extreme fire hazard areas.

[2] All projections such as balconies, decks and roof gables shall be constructed of fire-resistant materials or materials treated with fire-retardant chemicals.

[3] Any openings in the roof, attic and the floor shall be screened.

[4] Chimneys and stovepipes which are designed to burn solid or liquid fuels shall be equipped with screens over outlets.

[5] Flat roofs are prohibited in areas where vegetation is higher than the roof.

§ 203-186 Water quality.

[11-20-1989 by Ord. No. 1014-89; 8-4-1997 by Ord. No. 1280-97; 12-2-2002 by Ord. No. 1443-2002; 11-19-2007 by Ord. No. 1613-2007; 7-16-2018 by Ord. No. 1879-2018; 3-6-2023 by Ord. No. 2028-2023; 5-20-2024 by Ord. No. 2076-2024]

A. General.

(1) All development in the Pinelands Area of Hamilton Township shall comply with the water quality provisions of this section.

(2) All development shall be designed and carried out so that the quality of surface and groundwater will be protected and maintained. Agricultural use shall not be considered development for purposes of this subsection.

(3) Except as specifically authorized in this section, no development which degrades surface or ground water quality or which establishes new point sources of pollution shall be permitted.

(4) No development shall be permitted which does not meet the minimum water quality and potable water standards of the State of New Jersey or the United States.

B. Minimum standards for point and nonpoint source discharges. The following point and nonpoint discharges may be developed or operated in the Pinelands Area of Hamilton Township:

(1) Development of new or the expansion of existing commercial, industrial and wastewater treatment facilities, or the development of new or the expansion of existing nonpoint sources, except those specifically regulated in Subsections B(2) through (6) below, provided that:

(a) There will be no direct discharge into any surface water body.

(b) All discharges from the facility or use are of a quality and quantity such that groundwater exiting from the parcel of land or entering a surface body of water will not exceed two parts per million of nitrate/nitrogen.

(c) All public wastewater treatment facilities are designed to accept and treat septage.

(d) All storage facilities, including ponds or lagoons, are lined to prevent leakage into groundwater.

(2) Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection B(1)(b) above, provided that:

(a) There will be no direct discharge into any surface water body.

(b) The facility is designed only to accommodate wastewater from existing residential, commercial and industrial development.

(c) Adherence to Subsection B(1)(b) above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees.

(d) The design level of nitrate/nitrogen attenuation is the maximum possible within the cost limitations imposed by such user fee guidelines, but in no case shall groundwater exiting from the parcel or entering a surface body of water exceed five parts per million of nitrate/nitrogen.

(3) Improvements to existing commercial, industrial and wastewater treatment facilities which discharge directly into surface waters, provided that:

(a) There is no practical alternative available that would adhere to the standards of Subsection B(1)(a) above.

(b) There is no increase in the existing approved capacity of the facility.

(c) All discharges from the facility into surface waters are such that the nitrate/nitrogen levels of the surface waters at the discharge point do not exceed two parts per million. In the event that nitrate/nitrogen levels in the surface waters immediately upstream of the discharge point exceed two parts per million, the discharge shall not exceed two parts per million of nitrate/nitrogen.

(4) Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:

(a) The proposed development to be served by the system is otherwise permitted pursuant to the provisions of this chapter.

(b) The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection B(4)(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 203-171 or 203-202.

(c) Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19.

(d) The depth to seasonal high water table is at least five feet.

(e) Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet.

(f) The system will be maintained and inspected in accordance with the requirements of Subsection B(7) below/

(g) The technology has been approved for use by the New Jersey Department of Environmental Protection.

(h) Flow values for nonresidential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that number of employees may not be utilized in calculating flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific use, but a flow value is assigned for that use in N.J.A.C. 7:14A-23(a), the flow value specified in N.J.A.C. 7:14A-23(a) shall be used in calculating flow.

(5) Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:

(a) The standards set forth in Subsections B(4)(a) and B(4)(c) through (h) above are met.

(b) If the proposed development is nonresidential and located outside a Pinelands regional growth area, Pinelands village or military and federal installation area, the standards of N.J.A.C. 7:50-6.84(a)5iii(2) are met.

(c) The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection B(4)(c) above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development, but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 203-171 or 203-202.

(6) Surface water runoff, provided that the requirements of Article XXV of this chapter are met.

(7) Individual wastewater treatment facility and petroleum tank maintenance.

(a) The owner of every on-site septic wastewater treatment facility in the Pinelands Area shall, as soon as a suitable septage disposal facility capacity is available, in accordance with the provision of Chapter 326 of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., and Section 201 of the Clean Water Act:

[1] Have the facility inspected by a technician at least once every three years.

[2] Have the facility cleaned at least once every three years.

[3] Once every three years, submit to the Board of Health serving Hamilton Township a sworn statement that the facility has been inspected and cleaned, setting forth the name of the person who performed the inspection and cleaning and the date of such inspection.

(b) The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter 102 of the Laws of 1986.[1]

[1] Editor's Note: See N.J.S.A. 58:10A-21 through 10A-37.

(8) Prohibited chemicals and materials.

(a) No hazardous, toxic, chemical, petroleum (including oil spill pollutants), septic or nuclear waste shall be stored, discharged or disposed of on any land within the Pinelands. Liquid or dewatered sludge may only be applied as part of a land application program for agricultural purposes when also approved by the New Jersey Department of Environmental Protection.

(9) Water management.

(a) Water shall not be exported from the Pinelands except as otherwise provided at N.J.S.A. 58:1A-7.1.

(b) A diversion within the Pinelands Area portion of Hamilton Township that involves the interbasin transfer of water from sources within the Pinelands Area between the Atlantic Basin and the Delaware Basin, as defined at Subsection B(9)(a)[1] and [2] below, or outside of either basin, shall be prohibited.

[1] The Atlantic Basin is comprised of Watershed Management Areas 13, 14, 15, and 16, as identified by the New Jersey Department of Environmental Protection.

[2] The Delaware Basin is comprised of Watershed Management Areas 17, 18, 19, and 20 as identified by the New Jersey Department of Environmental Protection.

(c) A diversion within the Pinelands Area portion of Hamilton Township involving the intrabasin transfer of water between HUC-11 watersheds in the same basin, Atlantic Basin or Delaware Basin as defined at Subsection B(9)(b)[1] and [2] above, shall be permitted. If such an intrabasin transfer involves water sourced from the Kirkwood-Cohansey aquifer, the diversion shall meet the criteria and standards set forth at Subsection B(9)(d) below.

(d) Within the Pinelands Area portion of Hamilton Township a new diversion or an increase in allocation from either a single existing diversion source or from combined existing and new diversion sources in the same HUC-11 watershed and in the Kirkwood-Cohansey aquifer, that results in a total diversion of 50,000 gallons of water per day or more (hereafter referred to as "proposed diversion") shall meet the criteria and standards set forth at Subsection B(9)(d)[3] through [6] below and the water management standards of the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50-6.86(d). "Allocation" shall mean a diversion permitted pursuant to a Water Allocation Permit or Water Use Registration Number issued by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:19.

[1] When evaluating whether the proposed diversion meets the criteria set forth at Subsection B(9)(d)[3] through [6] below, all of the applicant's allocations in an HUC-11 watershed, in addition to the proposed diversion, shall be included in the evaluation.

[2] The standards set forth at Subsection B(9)(d)[3] through [6] below shall not apply to:

[a] A new well that is to replace an existing well, provided the existing well is decommissioned in accordance with N.J.A.C. 7:9D-3 and the new replacement well will:

[i] Divert from the same aquifer as the existing well;

[ii] Have the same or lesser pump capacity as the existing well; and

[iii] Be located within 100 feet of, and in the same HUC-11 watershed as, the existing well;

[iv] Be approximately the same depth as the existing well;

[b] Any proposed diversion that is exclusively for agricultural or horticultural use; or

[c] Any proposed diversion for a resource extraction operation that constitutes a nonconsumptive use, provided the water returned to the source is not discharged to a stream or waterbody or otherwise results in off-site flow, and the diversion and return are located on the same parcel.

[3] A proposed diversion shall be permitted only in the following Pinelands Management Areas: Regional Growth Area; Rural Development Area; Agricultural Production Area; Military and Federal Installation Area; and the Pinelands Village of Mizpah.

[4] A proposed diversion shall only be permitted if the applicant demonstrates that no alternative water supply source is available or viable. Alternative water supply sources include, but are not limited to, groundwater and surface water sources that are not part of the Kirkwood-Cohansey aquifer, and public water purveyors and suppliers, as defined at N.J.A.C. 7:19-1.3. A list of alternative water supply sources is available at the offices of the Pinelands Commission and at https://www.nj.gov/pinelands/.

[5] A proposed diversion shall not have an adverse ecological impact on the Kirkwood-Cohansey aquifer. Adverse ecological impact means an adverse regional impact and/or an adverse local impact, as described at N.J.A.C. 7:50-6.86(d)6 and 7, respectively. A proposed diversion deemed to have an adverse local impact in the Pinelands Area is prohibited. A proposed diversion deemed to have an adverse regional impact shall only be permitted if an applicant permanently offsets the diversion in accordance with N.J.A.C. 7:50-6.86(d)6i.

[6] An applicant for a proposed diversion shall provide written documentation of water conservation measures that have been implemented, or that are planned for implementation, for all areas to be served by the proposed diversion. Water conservation measures are measurable efforts by public and private water system operators and local agencies to reduce water demand by users and reduce losses in the water distribution system.

(10) Alternate design pilot program treatment systems, provided that:

(a) The proposed development to be served by the system is residential and is otherwise permitted pursuant to the provisions of this chapter;

(b) The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of Subsection B(10)(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 203-171 or § 203-202;

(c) Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution proposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;

(d) The depth to seasonal high-water table is at least five feet;

(e) Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;

(f) No more than 10 alternate design pilot program treatment systems utilizing the same technology shall be installed in the development of any parcel if those systems are each serving one single-family dwelling;

(g) Each system shall be equipped with automatic dialing capability to the manufacturer, or its agent, in the event of a mechanical malfunction;

(h) Each system shall be designed and constructed so that samples of effluent leaving the alternate design pilot program septic system can be readily taken to confirm the performance of the technology;

(i) The manufacturer or its agent shall provide to each owner an operation and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;

(j) Each system shall be covered by a five-year warranty and a minimum five-year maintenance contract consistent with those approved pursuant to N.J.A.C. 7:50-10.22(a)2v that cannot be cancelled and is renewable and which includes a provision requiring that the manufacturer or its agent inspect the system at least once a year and undertake any maintenance or repairs determined to be necessary during any such inspection or as a result of observations made at any other time; and

(k) The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(u)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in Subsection B(10)(i) above, and grants access, with reasonable notice, to the local Board of Health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system.

§ 203-187 Affordable housing.

[Amended 2-1-1993 by Ord. No. 1140-93; 8-6-2007 by Ord. No. 1600-2007; 3-2-2026 by Ord. No. 2128-2026]

A. Introduction and applicability.

(1) This section of the Code sets forth regulations regarding the very-low-, low- and moderate-income housing units in Township of Hamilton consistent with the provisions outlined in P.L. 2024, Chapter 2, including the amended Fair Housing Act ("FHA") at N.J.S.A. 52:27D-301 et seq., as well as the Department of Community Affairs, Division of Local Planning Services ("LPS") at N.J.A.C. 5:99 et seq., statutorily upheld existing regulations of the now-defunct Council on Affordable Housing ("COAH") at N.J.A.C. 5:93 and 5:97, the Uniform Housing Affordability Controls ("UHAC") at N.J.A.C. 5:80-26.1 et seq., and as reflected in the adopted municipal Fourth Round Housing Element and Fair Share Plan ("HEFSP").

(2) This section is intended to ensure that very-low-, low- and moderate-income units ("affordable units") are created with controls on affordability over time and that very-low-, low- and moderate-income households shall occupy these units pursuant to statutory requirements. This section shall apply to all inclusionary developments, individual affordable units, and 100% affordable housing developments except where inconsistent with applicable law. Low-Income Housing Tax Credit financed developments shall adhere to the provisions set forth below in Subsection A(5)(c) below.

(3) The Township of Hamilton Planning Board has adopted a HEFSP pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1 et seq. The Fair Share Plan describes the ways the municipality shall address its fair share of very-low-, low- and moderate-income housing as approved by the Superior Court and documented in the Housing Element.

(4) This section implements and incorporates the relevant provisions of the HEFSP and addresses the requirements of P.L. 2024, Chapter 2, the FHA, N.J.A.C. 5:99, NJ Supreme Court upheld COAH regulations at N.J.A.C. 5:93 and 5:97, and UHAC at N.J.A.C. 5:80-26.1, as may be amended and supplemented.

(5) Applicability.

(a) The provisions of this section shall apply to all affordable housing developments and affordable housing units that currently exist and that are proposed to be created pursuant to the municipality's most recently adopted HEFSP, excluding those affordable housing units that were subject to a written agreement, rezoning or approval prior to the end of the Third Round on June 30, 2025.

(b) This section shall also apply to any unanticipated future developments that will provide very-low-, low- and moderate-income housing units.

(c) Projects receiving federal Low Income Housing Tax Credit financing and are proposed for credit shall comply with the low/moderate split and bedroom distribution requirements, maximum initial rents and sales prices requirements, affirmative fair marketing requirements of UHAC at N.J.A.C. 5:80-26.16 and the length of the affordability controls applicable to such projects shall be not less than a 30-year compliance period plus a 15-year extended-use period, for a total of not less than 45 years.

B. Definitions. As used herein the following terms shall have the following meanings:

95/5 RESTRICTION

Means a deed restriction governing a restricted ownership unit that is part of a housing element that received substantive certification from COAH pursuant to N.J.A.C. 5:93, as it was in effect at the time of the receipt of substantive certification, before October 1, 2001, or any other deed restriction governing a restricted ownership unit with a seller repayment option requiring 95% of the price differential to be paid to the municipality or an instrument of the municipality at the closing of a sale at market price.

ACCESSORY APARTMENTS

Means a residential dwelling unit that provides complete independent living facilities with a private entrance for one or more persons, consisting of provisions for living, sleeping, eating, sanitation, and cooking, including a stove and refrigerator, and is located within a proposed preexisting primary dwelling, within an existing or proposed structure that is an accessory to a dwelling on the same lot, constructed in whole or part as an extension to a proposed or existing primary dwelling, or constructed as a separate detached structure on the same lot as the existing or proposed primary dwelling. Accessory apartments are also referred to as "accessory dwelling units."

ACT

Means the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.

ADAPTABLE

Means constructed in compliance with the technical design standards of the barrier free subcode adopted by the Commissioner of Community Affairs pursuant to the "State Uniform Construction Code Act," P.L.1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and in accordance with the provisions of section 5 of P.L.2005, c. 350 (N.J.S.A. 52:27D-123.15).

ADMINISTRATIVE AGENT

Means the entity approved by the Division responsible for the administration of affordable units, in accordance with N.J.A.C. 5:99-7, and UHAC at N.J.A.C. 5:80-26.15.

AFFIRMATIVE MARKETING

Means a regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.16.

AFFIRMATIVE MARKETING PLAN

Means the municipally adopted plan of strategies from which the administrative agent will choose to implement as part of the Affirmative Marketing requirements.

AFFIRMATIVE MARKETING PROCESS or PROGRAM

Means the actual undertaking of Affirmative Marketing activities in furtherance of each project with very-low-, low- and moderate-income units.

AFFORDABILITY ASSISTANCE

Means the use of funds to render housing units more affordable to low- and moderate-income households and includes, but is not limited to, down payment assistance, security deposit assistance, low interest loans, rental assistance, assistance with homeowner's association or condominium fees and special assessments, common maintenance expenses, and assistance with emergency repairs and rehabilitation to bring deed-restricted units up to code, pursuant to N.J.A.C. 5:99-2.5.

AFFORDABILITY AVERAGE

Means an average of the percentage of regional median income at which restricted units in an affordable development are affordable to low- and moderate-income households.

AFFORDABLE

Means, in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth at N.J.A.C. 5:80-26.7 and, in the case of arental unit, that the rent for the unit conforms to the standards set forth at N.J.A.C. 5:80-26.13.

AFFORDABLE HOUSING DEVELOPMENT

Means a development included in a municipality's housing element and fair share plan, and includes, but is not limited to, an inclusionary development, a municipally sponsored affordable housing project, or a 100% affordable development. This includes developments with affordable units on-site, off-site, or provided as a payment in-lieu of construction only if such a payment-in-lieu option has been previously approved by the Program or Superior Court as part of the HEFSP. Payments in lieu of construction were invalidated per P.L. 2024, c.2.

AFFORDABLE HOUSING DISPUTE RESOLUTION PROGRAM or THE PROGRAM

Refers to the dispute resolution program established pursuant to N.J.S.A. 52:27D-313.2.

AFFORDABLE HOUSING MONITORING SYSTEM or AHMS

Means the Department's cloud-based software application, which shall be the central repository for municipalities to use for reporting detailed information regarding affordable housing developments, affordable housing unit completions, and the collection and expenditures of funds deposited into the municipal affordable housing trust fund.

AFFORDABLE HOUSING TRUST FUND or AHTF

Means that non-lapsing, revolving trust fund established in DCA pursuant to N.J.S.A. 52:27D-320 and N.J.A.C. 5:43 to be the repository of all State funds appropriated for affordable housing purposes. All references to the "Neighborhood Preservation Nonlapsing Revolving Fund" and "Balanced Housing" mean the AHTF.

AFFORDABLE UNIT

Means a housing unit proposed or developed pursuant to the Act, including units created with municipal affordable housing trust funds.

AGE-RESTRICTED HOUSING

Means a housing unit that is designed to meet the needs of, and is exclusively for, 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; 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 HUD as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.

AGENCY

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

ASSISTED LIVING RESIDENCE

Means a facility licensed by the New Jersey Department of Health to provide apartment-style housing and congregate dining and to ensure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor. Apartment units must offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette, and a lockable door on the unit entrance.

BARRIER-FREE ESCROW

Means the holding of funds collected to adapt affordable unit entrances to be accessible in accordance with N.J.S.A. 52:27D-311a et seq. Such funds shall be held in a municipal affordable housing trust fund pursuant to N.J.A.C. 5:99-2.6.

BUILDER'S REMEDY

Means court-imposed site-specific relief for a litigant who seeks to build affordable housing for which the court requires a municipality to utilize zoning techniques, such as mandatory set-asides or density bonuses, including techniques which provide for the economic viability of a residential development by including housing that is not for low- and moderate-income households.

CERTIFIED HOUSEHOLD

Means a household that has been certified by an administrative agent as a very-low-income household, a low-income household, or a moderate-income household.

CHOICE

Means the no-longer-active Choices in Homeownership Incentives for Everyone Program, as it was authorized by the Agency.

COAH or THE COUNCIL

Means the Council on Affordable Housing established in, but not of, DCA pursuant to the Act and that was abolished effective March 20, 2024, pursuant to section 3 at P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1).

COMMISSIONER

Means the Commissioner of the Department of Community Affairs.

COMPLIANCE CERTIFICATION

Means the certification obtained by a municipality pursuant to section 3 of P.L.2024, c.2 (N.J.S.A. 52:27D-304.1), that protects the municipality from exclusionary zoning litigation during the current round of present and prospective need and through July 1 of the year the next round begins, which is also known as a "judgment of compliance" or "judgment of repose." The term "compliance certification" shall include a judgment of repose granted in an action filed pursuant to section 13 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-313).

CONSTRUCTION

Means new construction and additions, but does not include alterations, reconstruction, renovations, conversion, relocation, or repairs, as those terms are defined in the State Uniform Construction Code promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).

COUNTY-LEVEL HOUSING JUDGE

Means a judge appointed pursuant to section 5 at P.L. 2024, c. 2, to resolve disputes over the compliance of municipal fair share affordable housing obligations and municipal Fair Share plans and housing elements with the Act.

DCA and DEPARTMENT

Mean the State of New Jersey Department of Community Affairs.

DEFICIENT HOUSING UNIT

Means 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.

DEPARTMENT

Means the New Jersey Department of Community Affairs.

DEVELOPER

Means the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT

Means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement 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 the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

DEVELOPMENT FEE

Means money paid by a developer for the improvement of residential and non-residential property as permitted pursuant to N.J.S.A. 52:27D-329.2 and 40:55D-8.1 through 40:55D-8.7 and N.J.A.C. 5:99-3.

DISPUTE RESOLUTION PROGRAM

Means the Affordable Housing Dispute Resolution Program, established pursuant to section 5 at P.L. 2024, c.2 (N.J.S.A. 52:27D-313.2).

DIVISION

Means the Division of Local Planning Services within the Department of Community Affairs.

EMERGENT OPPORTUNITY

Means a circumstance that has arisen whereby affordable housing will be able to be produced through a delivery mechanism not originally contemplated by or included in a fair share plan that has been the subject of a compliance certification.

EQUALIZED ASSESSED VALUE or EAV

Means 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 at P.L. 1973, c. 123 (N.J.S.A. 54:1-35a, 54:1-35b, and 54:1-35c). Estimates at the time of building permit may be obtained by the tax assessor using construction cost estimates. Final EAV shall be determined at project completion by the Municipal Assessor.

EQUITY SHARE AMOUNT

Means the product of the price differential and the equity share, with the equity share being the whole number of years that have elapsed since the last non-exempt sale of a restricted ownership unit, divided by 100, except that the equity share may not be less than 5% and may not exceed 30%.

EXCLUSIONARY ZONING LITIGATION

Means litigation challenging the fair share plan, housing element, ordinances, or resolutions that implement the fair share plan or housing element of a municipality based on alleged noncompliance with the Act or the Mount Laurel doctrine, which litigation shall include, but shall not be limited to, litigation seeking a builder's remedy.

EXIT SALE

Means the first authorized non-exempt sale of a restricted unit following the end of the control period, which sale terminates the affordability controls on the unit.

EXTENSION OF EXPIRING CONTROLS

Means extending the deed restriction period on units where the controls will expire in the current round of a housing obligation, so that the total years of a deed restriction is at least 60 years.

FAIR SHARE OBLIGATION

Means the total of the present need and prospective need, including prior rounds, as determined by the Affordable Housing Dispute Resolution Program, or a court of competent jurisdiction.

FAIR SHARE PLAN

Means the plan or proposal, with accompanying ordinances and resolutions, by which a municipality proposes to satisfy its constitutional obligation to create a realistic opportunity to meet its fair share of low- and moderate-income housing needs of its region and which details the affirmative measures the municipality proposes to undertake to achieve its fair share of very-low-, low- and moderate-income housing, as provided in the municipal housing element, and which addresses the development regulations necessary to implement the housing element, including, but not limited to, inclusionary requirements and development fees, and the elimination of unnecessary housing cost-generating features from the municipal land use ordinances and regulations.

FHA

Means the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.

GREEN BUILDING STRATEGIES

Means the 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.

HMFA or THE AGENCY

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

HOUSEHOLD INCOME

Means a household's gross annual income calculated in a manner consistent with the determination of annual income pursuant to Section 8 of the United States Housing Act of 1937 (Section 8), not in accordance with the determination of gross income for federal income tax liability.

HOUSING ELEMENT

Means the portion of a municipality's master plan adopted in accordance with the Municipal Land Use Law (MLUL) at N.J.S.A. 40:55D-28.b(3) and the Act consisting of reports, statements proposals, maps, diagrams, and text designed to meet the municipality's fair share of its region's present and prospective housing needs, particularly with regard to low- and moderate-income housing, which shall include the municipal present and prospective obligation for affordable housing, determined pursuant to subsection f. at N.J.S.A. 52:27D-304.1.

HOUSING REGION

Means a geographic area established pursuant to N.J.S.A. 52:27D-304.2b.

INCLUSIONARY DEVELOPMENT

Means a residential housing development in which a substantial percentage of the housing units are provided for a reasonable income range of very-low-, low- and moderate-income households.

JUDGMENT OF COMPLIANCE or JUDGMENT FOR REPOSE

Means a determination issued by the Superior Court approving a municipality's fair share plan to satisfy its affordable housing obligation for a particular 10-year round.

LOW-INCOME HOUSEHOLD

Means a household with a household income equal to 50% or less of the regional median income.

LOW-INCOME UNIT

Means a restricted unit that is affordable to a low-income household.

MAJOR SYSTEM

Means 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, electriBorough, sanitary plumbing (including septic systems), lead paint abatement or load bearing structural systems.

MIXED USE DEVELOPMENT

Means any development that includes both a non-residential development component and a residential development component, and shall include developments for which: (1) there is a common developer for both the residential development component and the non-residential development component, provided that for purposes of this definition, multiple persons and entities maybe considered a common developer if there is a contractual relationship among them obligating each entity to develop at least a portion of the residential or non-residential development, or both, or otherwise to contribute resources to the development; and (2) the residential and non-residential developments are located on the same lot or adjoining lots, including, but not limited to, lots separated by a street, a river, or another geographical feature.

MODERATE-INCOME HOUSEHOLD

Means a household with a household income in excess of 50% but less than 80% of the regional median income.

MODERATE-INCOME UNIT

Means a restricted unit that is affordable to a moderate-income household.

MONI

Means the no-longer-active Market Oriented Neighborhood Investment Program, as it was authorized by the Agency.

MUNICIPAL AFFORDABLE HOUSING TRUST FUND

Means a separate, interest-bearing account held by a municipality for the deposit of development fees, payments in lieu of constructing affordable units on sites zoned for affordable housing previously approved prior to March 20, 2024 (per P.L. 2024, c.2), barrier-free escrow funds, recapture funds, proceeds from the sale of affordable units, rental income, repayments from affordable housing program loans, enforcement fines, unexpended RCA funds remaining from a completed RCA project, application fees, and any other funds collected by the municipality in connection with its affordable housing programs, which shall be used to address municipal low- and moderate-income housing obligations within the time frames established by the Legislature and this section.

MUNICIPAL DEVELOPMENT FEE ORDINANCE

Means an ordinance adopted by the governing body of a municipality that authorizes the collection of development fees.

MUNICIPAL HOUSING LIAISON or MHL

Means an appointed municipal employee who is, pursuant to N.J.A.C. 5:99-6, responsible for oversight and/or administration of the affordable units created within the municipality.

NEW CONSTRUCTION

Means the creation of a new housing unit under regulation by a code enforcement official regardless of the means by which the unit is created. Newly constructed units are evidenced by the issuance of a certificate of occupancy and may include new residences created through additions and alterations, adaptive reuse, subdivision, or conversion of existing space, and moving a structure from one location to another.

NEW JERSEY AFFORDABLE HOUSING TRUST FUND

Means an account established pursuant to N.J.S.A. 52:27D-320.

NEW JERSEY HOUSING RESOURCE CENTER or HOUSING RESOURCE CENTER

Means the online affordable housing listing portal, or its successor, overseen by the Agency pursuant to N.J.S.A. 52:27D-321.3 et seq.

NON-EXEMPT SALE

Means any sale or transfer of ownership of a restricted unit to one's self or to another individual other than the transfer of ownership between spouses or civil union partners; the transfer of ownership between former spouses or civil union partners 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.

NON-RESIDENTIAL DEVELOPMENT

Means:

(1) Any building or structure, or portion thereof, including, but not limited to, any appurtenant improvements, which is designated to a use group other than a residential use group according to the State Uniform Construction Code, N.J.A.C. 5:23, promulgated to effectuate the State uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., including any subsequent amendments or revisions thereto;

(2) Hotels, motels, vacation timeshares, and child-care facilities; and

(3) The entirety of all continuing care facilities within a continuing care retirement community which is subject to the Continuing Care Retirement Community Regulation and Financial Disclosure Act, N.J.S.A. 52:27D-330 et seq.

NON-RESIDENTIAL DEVELOPMENT FEE

Means the fee authorized to be imposed pursuant to N.J.S.A. 40:55D-8.1 through 40:55D-8.7.

NONPROFIT

Means an organization granted nonprofit status in accordance with section 501(c)(3) of the Internal Revenue Code.

ORDER FOR REPOSE

Means the protection a municipality has from a builder's remedy lawsuit for a period of time from the entry of a judgment of compliance by the Superior Court. A judgment of compliance often results in an order for repose.

PAYMENT IN LIEU OF CONSTRUCTING AFFORDABLE UNITS

Means the prior approval of the payment of funds to the municipality by a developer when affordable units are were not produced on a site zoned for an inclusionary development. The statutory permission for payments in lieu of constructing affordable units was eliminated per P.L. 2024, c.2.

PERSON WITH A DISABILITY

Means a person with a physical disability, infirmity, malformation, or disfigurement which is caused by bodily injury, birth defect, aging, or illness including epilepsy and other seizure disorders, and which shall include, but not be limited to, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impairment, the inability to speak or a speech impairment, or physical reliance on a service animal, wheelchair, or other remedial appliance or device.

PRICE DIFFERENTIAL

Means the difference between the controlled sale price of a restricted unit and the contract price at the exit sale of the unit, determined as of the date of a proposed contract of sale for the unit. If there is no proposed contract of sale, the price differential is the difference between the controlled sale price of a restricted unit and the appraised value of the unit as if it were not subject to UHAC, determined as of the date of the appraisal. If the controlled sale price exceeds the contract price or, in the absence of a contract price, the appraised value, the price differential is $0.

PRIOR ROUND UNIT

Means a housing unit that addresses a municipality's fair share obligation from a round prior to the fourth round of affordable housing obligations, including any unit that: (1) received substantive certification from COAH; (2) is part of a third-round settlement agreement or judgment of compliance approved by a court of competent jurisdiction, inclusive of units created pursuant to a zoning designation adopted as part of the settlement agreement or judgment of compliance to create a realistic opportunity for development; (3) is subject to a grant agreement or other contract with either the state or a political subdivision thereof entered into prior to July 1, 2025, pursuant to either item (1) or (2) above; or (4) otherwise addresses a municipality's fair share obligation from a round prior to the fourth round of affordable housing obligations. A unit created after the enactment of P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1) on March 20, 2024, is not a prior round unit unless: (1) it is created pursuant to a prior round development plan or zoning designation that was adopted and/or having received COAH or court approval on or before the cutoff date of June 30, 2025, or the date that the municipality adopts the implementing ordinances and resolutions for the fourth round of affordable housing obligations, whichever occurs sooner; and (2) its siting and creation are consistent with the form of the prior round development plan or zoning designation in effect as of the cutoff date, without any amendment or variance.

PROGRAM

Means the Affordable Housing Dispute Resolution Program, established pursuant to section 5 of P.L. 2024, c. 2 (N.J.S.A. 52:27D-313.2).

PROSPECTIVE NEED

Means a projection of housing needs based on development and growth which is reasonably likely to occur in a region or a municipality, as the case may be, as a result of actual determination of public and private entities. Prospective need shall be determined by the methodology set forth pursuant to sections 6 and 7 of P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.2 and 52:27D-304.3) for the fourth round and all future rounds of housing obligations.

QUALIFIED URBAN AID MUNICIPALITY

Means a municipality that meets the criteria established pursuant to N.J.S.A. 52:27D-304.3.c(1).

RANDOM SELECTION PROCESS

Means a lottery process by which currently income-eligible applicant-households are selected, at random, for placement in affordable housing units such that no preference is given to one applicant over another, except in the case of a veterans' preference where such an agreement exists; for purposes of matching household income and size with an appropriately priced and sized affordable unit; or another purpose allowed pursuant to N.J.A.C. 5:80-26.7(k)3. This definition excludes any practices that would allow affordable housing units to be leased or sold on a first-come, first-served basis.

RCA ADMINISTRATOR

Means an appointed municipal employee who is responsible for oversight and/or administration of affordable units and associated revenues and expenditures within the municipality that were funded through regional contribution agreements.

RCA PROJECT PLAN

Means a past application, submitted by a receiving municipality in an RCA, delineating the manner in which the receiving municipality intended to create or rehabilitate low- and moderate-income housing.

RECEIVING MUNICIPALITY

Means, for the purposes of an RCA, a municipality that contractually agreed to assume a portion of another municipality's fair share obligation.

RECONSTRUCTION

Means any project where the extent and nature of the work is such that the work area cannot be occupied while the work is in progress and where a new certificate of occupancy is required before the work area can be reoccupied, pursuant to the Rehabilitation Subcode of the Uniform Construction Code, N.J.A.C. 5:23-6. Reconstruction shall not include projects comprised only of floor finish replacement, painting or wallpapering, or the replacement of equipment or furnishings. Asbestos hazard abatement and lead hazard abatement projects shall not be classified as reconstruction solely because occupancy of the work area is not permitted.

RECREATIONAL FACILITIES AND COMMUNITY CENTERS

Means any indoor or outdoor buildings, spaces, structures, or improvements intended for active or passive recreation, including, but not limited to, ballfields, meeting halls, and classrooms, accommodating either organized or informal activity.

REGIONAL CONTRIBUTION AGREEMENT or RCA

Means a contractual agreement, pursuant to the Act, into which two municipalities voluntarily entered into and was approved by COAH and/or Superior Court prior to July 18, 2008, to transfer a portion of a municipality's affordable housing obligation to another municipality within its housing region.

REGIONAL MEDIAN INCOME

Means the median income by household size for an applicable housing region, as calculated annually in accordance with N.J.A.C. 5:80-26.3.

REHABILITATION

Means the repair, renovation, alteration, or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.

RENT

Means 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. With respect to units in assisted living residences, rent does not include charges for food and services.

RESIDENTIAL DEVELOPMENT FEE

Means money paid by a developer for the improvement of residential property as permitted pursuant to N.J.S.A. 52:27D-329.2 and N.J.A.C. 5:99-3.2.

RESTRICTED UNIT

Means a dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of this section but does not include a market-rate unit that was financed pursuant to UHORP, MONI, or CHOICE.

SPENDING PLAN

Means a method of allocating funds contained in an affordable housing trust fund account, which includes, but is not limited to, development fees collected and to be collected pursuant to an approved municipal development fee ordinance, or pursuant to N.J.S.A. 52:27D-329.1 et seq., for the purpose of meeting the housing needs of low- and moderate-income individuals.

STATE DEVELOPMENT AND REDEVELOPMENT PLAN or STATE PLAN

Means the plan prepared pursuant to sections 1 through 12 of the "State Planning Act," P.L. 1985, c. 398 (N.J.S.A. 52:18A-196 et seq.) designed to represent a balance of development and conservation objectives best suited to meet the needs of the state, and for the purpose of coordinating planning activities and establishing statewide planning objectives in the areas of land use, housing, economic development, transportation, natural resource conservation, agriculture and farmland retention, recreation, urban and suburban redevelopment, historic preservation, public facilities and services, and intergovernmental coordination pursuant to subsection f. of section 5 of P.L. 1985, c. 398 (N.J.S.A. 52:18A-200).

SUPPORTIVE HOUSING HOUSEHOLD

Means a very-low-, low- or moderate-income household certified as income eligible by an administrative agent in accordance with N.J.A.C. 5:80-26.14, in which at least one member is an individual who requires supportive services to maintain housing stability and independent living and who is part of a population identified by federal or state statute, regulation, or program guidance as eligible for supportive or special needs housing. Such populations include, but are not limited to: persons with intellectual or developmental disabilities, persons with serious mental illness, person with head injuries (as defined in Section 2 of P.L. 1977), persons with physical disabilities or chronic health conditions, persons who are homeless as defined by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 578, survivors of domestic violence, youth aging out of foster care, and other special needs populations recognized under programs administered by the U.S. Department of Housing and Urban Development, the Low-Income Housing Tax Credit Program, the McKinney-Vento Act,[1] or the New Jersey Department of Human Services. A supportive housing household may include family members, unrelated individuals, or live-in aides, provided that the household meets the income eligibility requirements of this section, except that in the case of unrelated individuals not operating as a family unit, income eligibility shall be tested on an individual basis rather than in the aggregate; the unit is leased or sold subject to the affordability controls established herein; and the supportive services available to the household are designed to promote housing stability, independent living, and community integration. The determination of whether unrelated individuals are operating as a family unit shall be made based on the applicant's self-identification of household members on the affordable housing application.

SUPPORTIVE HOUSING SPONSORING PROGRAM

Means grant or loan program which provided financial assistance to the development of the unit.

SUPPORTIVE HOUSING UNIT

Means a restricted rental unit, as defined by N.J.S.A. 34:1B-21.24, that is affordable to very-low-, low- or moderate-income households and is reserved for occupancy by a supportive housing household. Supportive housing units are also referred to as permanent supportive housing units.

TRANSITIONAL HOUSING

Means temporary housing that: (1) includes, but is not limited to, single-room occupancy housing or shared living and supportive living arrangements; (2) provides access to on-site or off-site supportive services for very-low-income households who have recently been homeless or lack stable housing; (3) is licensed by the department; and (4) allows households to remain for a minimum of six months.

TREASURER

Means the Treasurer of the State of New Jersey.

UHAC

Means the Uniform Housing Affordability Controls set forth at N.J.A.C. 5:80-26.

UHORP

Means the Agency's Urban Homeownership Recovery Program, as it was authorized by the Agency Board.

UNIT TYPE

Means type of dwelling unit with various building standards including but not limited to single-family detached, single-family attached/townhouse, stacked townhouse (attached building containing two units each with separate entrances), duplex (detached building containing two units each with separate entrances), triplex (three units each with separate entrance), quadplex (four units each with separate entrance), multifamily/flat (two or more units with a shared entrance). Inclusion of a garage, or not, shall not define the unit type.

VERY-LOW-INCOME HOUSEHOLD

Means a household with a household income less than or equal to 30% of the regional median income.

VERY-LOW-INCOME HOUSING

Means housing affordable according to the Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to 30% or less of the median gross household income for households of the same size within the housing region in which the housing is located.

VERY-LOW-INCOME UNIT

Means a restricted unit that is affordable to a very-low-income household.

VETERAN

Means a veteran as defined at N.J.S.A. 54:4-8.10.

VETERANS' PREFERENCE

Means the agreement between a municipality and a developer or residential development owner that allows for low- to moderate-income veterans to be given preference for up to 50% of rental units in relevant projects, as provided for at N.J.S.A. 52:27D-311.j.

WEATHERIZATION

Means 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.

[1] Editor's Note: See 42 U.S.C. § 11301 et seq.

C. Monitoring and reporting requirements.

(1) The municipality shall comply with the following monitoring and reporting requirements regarding the status of the implementation of its court-approved Housing Element and Fair Share Plan:

(a) The municipality shall provide electronic monitoring data with the Department pursuant to P.L. 2024, Chapter 2 and N.J.A.C. 5:99 through the Affordable Housing Monitoring System (AHMS). All monitoring information required to be made public by the FHA shall be available to the public on the Department's website at https://www.nj.gov/dca/dlps/hss/MumStatusReporting.shtml.

(b) On or before February 15 of each year, the municipality shall provide annual reporting of its municipal Affordable Housing Trust Fund activity to the Department on the AHMS portal. The reporting shall include an accounting of all municipal Affordable Housing Trust Fund activity, including the sources and amounts of funds collected and the amounts and purposes for which any funds have been expended, for the previous year from January 1 to December 31.

(c) On or before February 15 of each year, the annual reporting of the status of all affordable housing activity shall be provided to the Department on the AHMS portal, for the previous year from January 1 to December 31.

D. New construction (per N.J.A.C. 5:93 as may be updated per various sections in N.J.A.C. 5:97 and N.J.S.A. 52:27D-301 et seq.). Per the definition of "new construction," this section governs the creation of new affordable housing units regardless of the means by which the units are created. Newly constructed units may include new residences constructed or created through other means.

(1) The following requirements shall apply to all new or planned developments that contain very-low-, low- and moderate-income housing units. To the extent possible, details related to the adherence to the requirements below shall be outlined in the resolution granting municipal subdivision or site plan approval of the project to assist municipal representatives, developers and Administrative Agents.

(2) Completion Schedule (previously known as phasing). Final site plan or subdivision approval shall be contingent upon the affordable housing development meeting the following completion schedule for very-low-, low- and moderate-income units whether developed in a single-phase development, or in a multi-phase development:

Maximum Percentage of Market-Rate Units Issued a Temporary or Final Certificate of Occupancy	Minimum Percentage of Affordable Units Issued a Temporary or Final Certificate of Occupancy
25% + 1	10%
50%	50%
75%	75%
90%	100%

(3) Design. The following design requirements apply to affordable housing developments, excluding prior round units.

(a) Design of 100% affordable developments:

[1] Restricted units must meet the minimum square footage required for the number of inhabitants for which the unit is marketed and the minimum square footage required for each bedroom, as set forth in the Neighborhood Preservation Balanced Housing rules at N.J.A.C. 5:43-2.4.

[2] Each bedroom in each restricted unit must have at least one window.

[3] Restricted units must include adequate air conditioning and heating.

(b) Design of developments comprising market-rate rental units and restricted rental units. The following does not apply to prior round units, unless stated otherwise.

[1] Restricted units must use the same building materials and architectural design elements (for example, plumbing, insulation, or siding) as market-rate units of the same unit type (for example, flat or townhome) within the same development, except that restricted units and market-rate units may use different interior finishes. This shall apply to prior round units.

[2] Restricted units and market-rate units within the same affordable development must be sited such that restricted units are not concentrated in less desirable locations.

[3] Restricted units may not be physically clustered so as to segregate restricted and market-rate units within the same development or within the same building, but must be interspersed throughout the development, except that age-restricted and supportive housing units may be physically clustered if the clustering facilitates the provision of on-site medical services or on-site social services. Prior round affordable units shall be integrated with market rate units to the extent feasible.

[4] Residents of restricted units must be offered the same access to communal amenities as residents of market-rate units within the same affordable development. Examples of communal amenities include, but are not limited to, community pools, fitness and recreation centers, playgrounds, common rooms and outdoor spaces, and building entrances and exits. This shall apply to prior round units.

[5] Restricted units must include adequate air conditioning and heating and must use the same type of cooling and heating sources as market-rate units of the same unit type. This shall apply to prior round units.

[6] Each bedroom in each restricted unit must have at least one window.

[7] Restricted units must be of the same unit type as market-rate units within the same building.

[8] Restricted units and bedrooms must be no less than 90% of the minimum size prescribed by the Neighborhood Preservation Balanced Housing rules at N.J.A.C. 5:43-2.4.

(c) Design of developments containing for-sale units, including those with a mix of rental and for-sale units. Restricted rental units shall meet the requirements of Subsection D(3)(b) above. Restricted sale units shall comply with the below:

[1] Restricted units must use the same building standards as market-rate units of the same unit type (for example, flat, townhome, or single-family home), except that restricted units and market-rate units may use different interior finishes. This shall apply to prior round units.

[2] Restricted units may be clustered, provided that the buildings or housing product types containing the restricted units are integrated throughout the development and are not concentrated in an undesirable location or in undesirable locations. Prior round affordable units shall be integrated with market rate units to the extent feasible.

[3] Restricted units may be of different unit housing product types than market-rate units, provided that there is a restricted option available for each market rate housing type. Developments containing market-rate duplexes, townhomes, and/or single-family homes shall offer restricted housing options that also include duplexes, townhomes, and/or single-family homes. Penthouses and higher priced end townhouses may be exempt from this requirement. The proper ratio for restricted to market-rate unit type shall be subject to municipal ordinance or, if not specified, shall be determined at the time of site plan approval.

[4] Restricted units must meet the minimum square footage required for the number of inhabitants for which the unit is marketed and the minimum square footage required for each bedroom, as set forth in the Neighborhood Preservation Balanced Housing rules at N.J.A.C. 5:43-2.4.

[5] Penthouse and end units may be reserved for market-rate sale, provided that the overall number, value, and distribution of affordable units across the development is not negatively impacted by such reservation(s).

[6] Residents of restricted units must be offered the same access to communal amenities as residents of market-rate units within the same affordable development. Examples of communal amenities include, but are not limited to, community pools, fitness and recreation centers, playgrounds, common rooms and outdoor spaces, and building entrances and exits. This shall apply to prior round units.

[7] Each bedroom in each restricted unit must have at least one window.

[8] Restricted units must include adequate air conditioning and heating.

(4) Utilities.

(a) Affordable units shall utilize the same type of cooling and heating source as market-rate units within the affordable housing development.

(b) 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 in accordance with N.J.A.C. 5:80-26.13(e).

(5) Low/moderate split and bedroom distribution.

(a) Affordable units 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) In each affordable housing development, at least 50% of the restricted units within each bedroom distribution rounded up to the nearest whole number shall be very-low- or low-income units.

(c) Within rental developments, of the total number of affordable rental units, at least 13%, rounded up to the nearest whole number, shall be affordable to very-low-income households. The very-low-income units shall be distributed between each bedroom count as proportionally as possible, to the nearest whole unit, to the total number of restricted units within each bedroom count, and counted as part of the required number of low-income units within the development.

(d) Affordable housing developments that are not age-restricted or supportive housing shall be structured such that:

[1] At a minimum, the number of bedrooms within the restricted units equals twice the number of restricted units.

[2] Two-bedroom and/or three-bedroom units compose at least 50% of all restricted units.

[3] The combined number of efficiency and one-bedroom units shall be no greater than 20%, rounded down, of the total number of low- and moderate-income units.

[4] At least 30% of all low- and moderate-income units, rounded up shall be two-bedroom units.

[5] At least 20% of all low- and moderate-income units, rounded up shall be three-bedroom units.

[6] The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.

(e) Affordable housing developments that are age-restricted or supportive housing, except those supportive housing units whose sponsoring program determines the unit arrangements, shall be structured such that, at a minimum, the number of bedrooms shall equal the number of age-restricted or supportive housing low- and moderate-income units within the inclusionary development. Supportive housing units whose sponsoring program determines the unit arrangement shall comply with all requirements of the sponsoring program. The standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit. In affordable housing developments with 20 or more restricted units that are age-restricted or supportive housing, two-bedroom units must comprise at least 5% of those restricted units.

(6) Accessibility requirements.

(a) Any new construction shall be adaptable; however, elevators shall not be required in any building or within any dwelling unit for the purpose of compliance with this section. In buildings without elevator service, only ground floor dwelling units shall be required to be constructed to conform with the technical design standards of the barrier free subcode. "Ground floor" means the first floor with a dwelling unit or portion of a dwelling unit, regardless of whether that floor is at grade. A building may have more than one ground floor.

(b) Notwithstanding the exemption for townhouse dwelling units in the barrier free subcode, the first floor of all townhouse dwelling units and of all other multifloor dwelling units that are attached to at least one other dwelling unit shall be subject to the technical design standards of the barrier free subcode and shall include the following features:

[1] An adaptable toilet and bathing facility on the first floor;

[2] An adaptable kitchen on the first floor;

[3] An interior accessible route of travel however an interior accessible route of travel shall not be required between stories;

[4] An adaptable room that can be used as a bedroom, with a door, or the casing for the installation of a door that is compliant with the Barrier Free Subcode, on the first floor;

[5] If not all of the foregoing requirements in Subsection D(6)(b)[1] through [4] can be satisfied, then an interior accessible route of travel shall be provided between stories within an individual unit; and

[6] An accessible entranceway as set forth in 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 the municipality 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 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 shall be expended 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 to the Construction Official a design plan and cost estimate for the conversion from adaptable to accessible entrances.

[e] Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meets the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Affordable Housing Trust Fund and earmarked appropriately.

[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. If full compliance with this section would be site impracticable, compliance with this section for any portion of the dwelling shall be required to the extent that it is not site impracticable. Determinations of site impracticability shall comply with the Barrier Free Subcode at N.J.A.C. 5:23-7.

E. Affordable housing programs/compliance techniques.

(1) Pursuant to amended UHAC regulations at N.J.A.C. 5:80-26.1 et seq. and, in addition, pursuant to P.L. 2024, c.2 and specifically to the amended FHA at N.J.S.A. 52:27D-311.m, "All parties shall be entitled to rely upon regulations on municipal credits, adjustments, and compliance mechanisms adopted by the Council on Affordable Housing unless those regulations are contradicted by statute, including but not limited to P.L. 2024, c.2, or binding court decisions." The following are many of the main provisions of the COAH regulations at either N.J.A.C. 5:93 or 5:97 that have been upheld by the NJ Supreme Court. Municipalities should consult the cited full COAH regulations when preparing the HEFSP for required documentation, etc. Additional compliance details may also be included in the specific municipal program manual.

(2) Extension of Controls Program (for ownership units per N.J.A.C. 5:97-6.14 and UHAC at N.J.A.C. 5:80-26.6(h) through (k) and (m); and for rental units per N.J.A.C. 5:97-6.14 and N.J.A.C. 5:80-26.12(h) through (k)).

(a) An extension of affordability controls program is established to maintain and extend the affordability of deed restricted units scheduled to come out of their affordability control period, subject to N.J.A.C. 5:97-6.14 and UHAC, including the following:

[1] The affordable unit meets the criteria for prior cycle (April 1, 1980 to December 15, 1986) or post December 15, 1986 credits set forth in N.J.A.C. 5:97.

[2] The affordability controls for the unit are scheduled to expire in the current round; or in the next round of housing obligations if the municipal election to extend controls is made no earlier than one year before the end of the current round.

[3] The municipality shall obtain a continuing certificate of occupancy or a certified statement from the municipal building inspector stating that the restricted unit meets all code standards.

[4] If a unit requires repair and/or rehabilitation work in order to receive a continuing certificate of occupancy or certified statement from the municipal building inspector, the municipality shall fund and complete the work.

[5] The municipality shall adhere to the process for extending controls pursuant to UHAC for extending ownership units and rental units, either inclusionary or 100% affordable developments.

[6] The deed restriction for the extended control period shall be filed with the County Clerk.

(3) Assisted living residence (per N.J.A.C. 5:97-6.11).

(a) An assisted living residence is a facility licensed by the New Jersey Department of Health to provide apartment-style housing and congregate dining and to assure that assisted living services are available. All or a designated number of apartments in the facility shall be restricted to low- and moderate-income households.

(b) The unit of credit shall be the apartment. However, a two-bedroom apartment shall be eligible for two units of credit if it is restricted to two unrelated individuals.

(c) A recipient of a Medicaid waiver shall automatically qualify as a low- or moderate-income household.

(d) Assisted living units are considered age-restricted housing in a HEFSP and shall be included with the maximum number of units that may be age-restricted.

(e) Low- and moderate-income residents cannot be charged any upfront fees.

(f) The units shall comply with UHAC with the following exceptions:

[1] Affirmative marketing (N.J.A.C. 5:80-26.16); provided that the units are restricted to recipients of Medicaid waivers;

[2] The deed restriction may be on the facility, rather than individual apartments or rooms;

[3] Low/moderate income split and affordability average (N.J.A.C. 5:80-26.4); only if all of the affordable units are affordable to households at a maximum of 60% of median income; and

(g) Tenant income eligibility (N.J.A.C. 5:80-26.14); up to 80% of an applicant's gross income may be used for rent, food and services based on occupancy type and the affordable unit must receive the same basic services as required by the Agency's underwriting guidelines and financing policies. The cost of non-housing related services shall not exceed 1|2/3 times the rent established for each unit.

(4) Supportive housing and group homes (per N.J.A.C. 5:97-6.10).

(a) The following provisions shall apply to group homes, residential health care facilities, and supportive shared living housing:

[1] Units are subject to Affirmative Marketing requirements, household certification, and administrative agent oversight; and may, with the approval of the municipal housing liaison and the administrative agent, be leased either by the bedroom or to a single household in the case of multi-bedroom configurations, provided such arrangement is consistent with the Federal Fair Housing Act[2] (Title VIII of the Civil Rights Act of 1968).

[2] Editor's Note: See 42 U.S.C. § 3601 et seq.

[2] Units may, with the approval of the administrative agent, be subject to a master lease by an approved supportive housing operator, provided that all subleases are to be certified supportive housing households and remain fully subject to the affordability controls of this section. Rents for supportive housing units shall not exceed the rent standards established and published by the New Jersey Department of Human Services.

[3] The unit of credit shall be the bedroom. However, the unit of credit shall be the unit if occupied by a single person or household.

[4] Housing that is age-restricted shall be included with the maximum number of units that may be age-restricted pursuant to the Act.

[5] Occupancy shall not be restricted to youth under 18 years of age.

[6] In affordable developments with 20 or more restricted units that are supportive housing, two-bedroom units must compose at least 5% of those restricted units.

[7] The bedrooms and/or units shall comply with UHAC with the following exceptions:

[a] Affirmative marketing; however, group homes, residential health care facilities, permanent supportive housing, and supportive shared living housing shall be affirmatively marketed to broadest possible population of qualified individuals with special needs in accordance with a plan approved by the sponsoring program;

[b] Affordability average and bedroom distribution (N.J.A.C. 5:80-26.4).

[8] With the exception of units established with capital funding through a 20-year operating contract with the Department of Human Services, Division of Developmental Disabilities, group homes, residential health care facilities, supportive shared living housing and permanent supportive housing shall have the appropriate controls on affordability in accordance with the Act. In the event that a supportive housing provider is unable to record or execute a long-term deed restriction, the units shall be subject to annual recertification by the Municipal Housing Liaison to confirm continued occupancy and compliance with this section.

[9] Objective standards shall be applied in the selection of tenants for supportive housing units and shall be designed to ensure that individuals are not excluded in an arbitrary or capricious manner.

[10] The following documentation shall be submitted by the sponsor to the municipality prior to marketing the completed units or facility:

[a] An Affirmative Marketing Plan in accordance with 30-1109[3] above; and

[3] Editor's Note: As in original

[b] If applicable, proof that the supportive and/or special needs housing is regulated by the New Jersey Department of Health and Senior Services, the New Jersey Department of Human Services or anothery state agency in accordance with the requirements of this section, which includes validation of the number of bedrooms or units in which low- or moderate-income occupants reside.

[11] The sponsor/owner shall complete annual monitoring as directed by the MHL.

F. Regional income limits.

(1) Administrative agents shall use the current regional income limits for the purpose of pricing affordable units and determining income eligibility of households.

(2) Regional income limits are based on regional median income, which is established by a regional weighted average of the "median family incomes" published by HUD. The procedure for computing the regional median income is detailed in N.J.A.C. 5:80-26.3.

(3) Updated regional income limits are effective as of the effective date of the regional Section 8 income limits for the year, as published by HUD, or 45 days after HUD publishes the regional Section 8 income limits for the year, whichever comes later. The new income limits may not be less than those of the previous year.

G. Maximum initial 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 N.J.A.C. 5:80-26.4.

(2) The average rent for all restricted units within each affordable housing development shall be affordable to households earning no more than 52% of regional median income.

(3) The maximum rent for restricted rental units within each affordable housing development shall be affordable to households earning no more than 60% of regional median income. The maximum rent may be increased to no more than 70% of regional median income for moderate-income units within affordable developments where very-low-income units compose at least 13% of the restricted units; however, the number of units with rent affordable to households earning 70% of regional median income may not exceed the number of very-low-income units in excess of 13% (rounded up) of the restricted units.

(4) The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both low-income and moderate-income units, provided that at least 13% of all low- and moderate-income rental units shall be affordable to households earning no more than 30% of median income. These very-low-income units shall be part of the low-income requirement and very-low-income units should be distributed between each bedroom count as proportionally as possible, to the nearest whole unit, to the total number of restricted units within each bedroom count.

(5) The maximum sales price of restricted ownership units within each affordable housing development shall be affordable to households earning no more than 70% of median income, and each affordable housing development must achieve an affordability average that does not exceed 55% for all 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 when the number of low- and moderate-income units permits.

(6) The master deeds and declarations of covenants and restrictions for affordable developments may not distinguish between restricted units and market-rate units in the calculation of any condominium or homeowner association fees and special assessments to be paid by low-and moderate-income purchasers and those to be paid by market-rate purchasers. Notwithstanding the foregoing sentence, condominium units subject to a municipal ordinance adopted before December 20,2004, which ordinance provides for condominium or homeowner association fees and/or assessments different from those provided for in this subsection are governed by the ordinance.

(7) In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted family units, the following standards shall be met:

(a) A studio or efficiency unit 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.

(8) In determining the initial rents and sales prices for compliance with the affordability average requirements for restricted units in assisted living facilities and age-restricted and special needs and supportive housing developments, the following standards shall be met:

(a) A studio or efficiency unit shall be affordable to a one-person household;

(b) A one-bedroom unit shall be affordable to a one-and-one-half person household; and

(c) A two-bedroom unit shall be affordable to a two-person household or to two one-person households. Where pricing is based on two-one-person households, the developer shall provide a list of units so priced to the Municipal Housing Liaison and the Administrative Agent.

(9) 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 Freddie Mac 30-Year Fixed Rate-Mortgage rate of interest), property taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 30% of the eligible monthly income of the appropriate size household as determined pursuant to N.J.A.C. 5:80-26.7, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.4, as may be amended and supplemented.

(10) The initial rent for a restricted rental unit shall be calculated so that the total monthly housing expense, including an allowance for tenant-paid utilities, does not exceed 30% of the gross monthly income of a household of the appropriate size whose income is targeted to the applicable percentage of median income for the unit, as determined pursuant to N.J.A.C. 5:80-26.3, as may be amended and supplemented. The rent shall also comply with the affordability average requirement of N.J.A.C. 5:80-26.4, as may be amended and supplemented. The initial rent for a restricted rental unit shall be calculated so the eligible monthly housing expenses/income, including an allowance for tenant-paid utilities does not exceed 30% of gross income of and the appropriate household size as determined pursuant to N.J.A.C. 5:80-26.3, as may be amended and supplemented.

(11) At the anniversary date of the tenancy of the certified household occupying a restricted rental unit, following proper notice provided to the occupant household pursuant to N.J.S.A. 2A:18-61.1.f, the rent may be increased to an amount commensurate with the annual percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U), specifically U.S. Bureau of Labor Statistics Series CUUR0100SAH, titled "Housing in Northeast urban, all urban consumers, not seasonally adjusted." Rent increases for units constructed pursuant to Low-Income Housing Tax Credit regulations shall be indexed pursuant to the regulations governing Low-Income Housing Tax Credits.

H. Affirmative marketing.

(1) The municipality shall adopt, by resolution, an Affirmative Marketing Plan, subject to approval of the Superior Court, compliant with N.J.A.C. 5:80-26.16, as may be amended and supplemented.

(2) The Affirmative Marketing Plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age, or number of children, to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The Affirmative Marketing Plan is intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward Housing Region 6 and is required to be followed throughout the period of deed restriction.

(3) The Affirmative Marketing Plan provides the following preferences, provided that units that remain unoccupied after these preferences are exhausted may be offered to households without regard to these preferences.

(a) Where the municipality has entered into an agreement with a developer or residential development owner to provide a preference for very-low-, low-, and moderate-income veterans who served in time of war or other emergency, pursuant to N.J.S.A. 52:27D-311.j, there shall be a preference for veterans for up to 50% of the restricted rental units in a particular project.

(b) There shall be a regional preference for all households that live and/or work in Housing Region 6 comprising Atlantic, Cape May, Cumberland and Salem Counties.

(c) Subordinate to the regional preference, there shall be a preference for households that live and/or work in New Jersey.

(d) With respect to existing restricted units undergoing approved rehabilitation for the purpose of preservation or to restricted units newly created to replace existing restricted units undergoing demolition, a preference for the very-low-, low-, and moderate-income households that are displaced by the rehabilitation or demolition and replacement.

(4) The municipality has the ultimate responsibility for adopting the Affirmative Marketing Plan and for the proper administration of the Affirmative Marketing Process, including the marketing of initial sales and rentals and resales and re-rentals. The Administrative Agent designated by the municipality shall implement the Affirmative Marketing Process to ensure the Affirmative Marketing of all affordable units, with the exception of affordable programs that are exempt from Affirmative Marketing as noted herein.

(5) The Affirmative Marketing Process shall describe the media to be used in advertising and publicizing the availability of housing. In implementing the Affirmative Marketing Process, the Administrative Agent shall consider the use of language translations where appropriate.

(6) Applications for affordable housing or notices thereof, if offered online, shall be available in several locations, including, at a minimum, the County Administration Building and/or the County Library for each county within the housing region; the municipal administration building and municipal library in the municipality in which the units are located; and the developer's rental or sales office. The developer shall mail applications to prospective applicants upon request and shall make applications available through a secure online website address.

(7) In addition to other Affirmative Marketing strategies, the Administrative Agent shall provide specific notice of the availability of affordable housing units on the New Jersey Housing Resource Center website. Any other entities, including developers or persons or companies retained to implement the Affirmative Marketing Process, shall comply with this paragraph. The affirmative marketing plan shall include the following community and regional organizations: FSHC; the Latino Action Network; the New Jersey State Conference of the NAACP; East Orange NAACP; Newark NAACP; Morris County NAACP; Elizabeth NAACP; and the Supportive Housing Association.

(8) In implementing the Affirmative Marketing Process, 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.

(9) The Affirmative Marketing Process for available affordable units shall begin at least four months (120 days) prior to the expected date of occupancy.

(10) The cost to affirmatively market the affordable units shall be the responsibility of the developer, sponsor or owner, with the exception of Affirmative Marketing for resales.

I. Selection of occupants of affordable housing units.

(1) The Administrative Agent shall use a random selection process to select occupants of very-low-, low- and moderate-income housing.

(2) A pool of interested households will be maintained in accordance with the provisions of N.J.A.C. 5:80-26.16.

J. Occupancy standards.

(1) 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:

(a) Ensure each bedroom is occupied by at least one person, except for age-restricted and supportive and special needs housing units;

(b) Provide a bedroom for every two adult occupants;

(c) With regard to occupants under the age of 18, accommodate the household's requested arrangement, except that such arrangement may not result in more than two occupants under the age of 18 occupying any bedroom; and

(d) Avoid placing a one-person household into a unit with more than one bedroom.

K. 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. 5:80-26.6, as may be amended and supplemented, and each restricted ownership unit shall remain subject to the controls on affordability for a period of at least 30 years subject to the requirements of N.J.A.C. 5:80-26.6, as may be amended and supplemented.

(2) Rehabilitated housing units that are improved to code standards shall be subject to affordability controls for a period of not less than 10 years (crediting towards present need only).

(3) The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit. The date of commencement shall be identified in the deed restriction.

(4) If existing affordability controls are being extended, the extended control period for a restricted ownership unit commences on the effective date of the extension, which is the end of the original control period.

(5) After the end of any control period, the restricted ownership unit remains subject to the affordability controls set forth in this section until the owner gives notice of their intent to make an exit sale, at which point:

(a) If the municipality exercises the right to extend the affordability controls on the unit, no exit sale occurs and a new control period commences; or

(b) If the municipality does not exercise the right to extend the affordability controls on the unit, the affordability controls terminate following the exit sale.

(6) Prior to the issuance of any building permit for the construction/rehabilitation of restricted ownership units, the developer/owner and the municipality shall record a preliminary instrument provided by the Administrative Agent.

(7) Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each successive sale during the period of restricted ownership, the Administrative Agent shall determine the restricted price for the unit and shall also determine the nonrestricted, fair market value of the unit based on either an appraisal or the unit's equalized assessed value without the restrictions in place.

(8) At the time of the initial sale of the unit and upon each successive price-restricted sale, the initial purchaser shall execute and deliver to the Administrative Agent a recapture note obliging 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 restrictions set forth in this section, an amount equal to the difference between the unit's non-restricted 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.

(9) The affordability controls set forth in this section shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to price-restricted ownership units.

L. Price restrictions for restricted ownership units and resale prices.

(1) Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.7, as may be amended and supplemented, including:

(a) The initial purchase price and affordability percentage for a restricted ownership unit shall be set by the Administrative Agent.

(b) The Administrative Agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the standards set forth in N.J.A.C. 5:80-26.7.

[1] If the resale occurs prior to the one-year anniversary of the date on which title to the unit was transferred to a certified household, the maximum resale price for a is the most recent non-exempt purchase price.

[2] If the resale occurs on or after such anniversary date, the maximum resale price is the most recent non-exempt purchase price increased to reflect the cumulative annual percentage increases to the regional median income, effective as of the same date as the regional median income calculated pursuant to N.J.A.C. 5:80-26.3

(c) The owners of restricted ownership units may apply to the Administrative Agent to increase the maximum sales price for the unit on the basis of anticipated capital improvements. Eligible capital improvements shall be:

[1] Those that render the unit suitable for a larger household or the addition of a bathroom.

[2] The maximum resale price may be further increased by an amount up to the cumulative dollar value of approved capital improvements made after the last non-exempt sale for improvements and/or upgrades to the unit, excluding capital improvements paid for by the entity favored on the recapture note and recapture lien described at N.J.A.C. 5:80-26.6(d);

(d) No increase for capital improvements is permitted if the maximum resale price prior to adjusting for capital improvements already exceeds whatever initial purchase price the unit would have if it were being offered for purchase for the first time at the initial affordability percentage. All adjustments for capital improvements are subject to 10-year, straight-line depreciation.

(2) Upon the resale of a restricted ownership unit, all items of property that are permanently affixed to the unit or were included when the unit was initially restricted (for example, refrigerator, range, washer, dryer, dishwasher, wall-to-wall carpeting) shall be included in the maximum allowable resale price. Other items may be sold to the purchaser at a reasonable price that has been approved by the Administrative Agent at the time of the signing of the agreement to purchase but shall be separate and apart from any contract of sale for the underlying real estate. The purchase of central air conditioning installed subsequent to the initial sale of the unit and not included in the base price may be made a condition of the unit resale provided the price of the air conditioning equipment, which shall be subject to 10-year, straight-line depreciation, has been approved by the Administrative Agent. Unless otherwise approved by the Administrative Agent, the purchase of any property other than central air conditioning shall not be made a condition of the unit resale. The seller and the purchaser must personally certify at the time of closing that no unapproved transfer of funds for the purpose of selling and receiving property has taken place at the time of or as a condition of resale.

M. Buyer income eligibility.

(1) Buyer income eligibility for restricted ownership units shall be established pursuant to N.J.A.C. 5:80-26.17, as may be amended and supplemented, such that very-low-income ownership units shall be reserved for occupancy by households with a gross household income less than or equal to 30% of median income, low-income ownership units shall be reserved for occupancy by households with a gross household income less than or equal to 50% of median income and moderate-income ownership units shall be reserved for occupancy by households with a gross household income less than 80% of median income.

(2) Notwithstanding the foregoing, the Administrative Agent may, upon approval by the municipality, and subject to the Division'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. Similarly, the administrative agent may permit low-income purchasers to buy very-low-income units in housing markets where, as determined by the Division, units are reserved for very-low-income purchasers, but there is an insufficient number of very-low-income purchasers to permit prompt occupancy of the units. In such instances, the purchased unit must be maintained as a very-low-income unit and sold at a very-low-income price point such that on the next resale the unit will still be affordable to very-low-income households and able to be purchased by a very-low-income household. A very-low-income unit that is seeking bonus credit pursuant to N.J.S.A. 52:27D-311.k(9) must first be advertised exclusively as a very-low-income unit according to the Affirmative Marketing requirements at N.J.A.C. 5:80-26.16, then advertised as a very-low-income or low-income unit for at least 30 additional days prior to referring any low-income household to the unit.

(3) A certified household that purchases a restricted ownership unit must occupy it as the certified household's principal residence and shall not lease the unit; provided, however, that the Administrative Agent may permit the owner of a restricted ownership unit, upon application and a showing of hardship, to lease the restricted unit to another certified household for a period not to exceed one year.

(4) The Administrative Agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, property taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 35% of the household's eligible monthly income; 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 housing expenses, and the proposed housing expenses 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 housing expenses in the past and has proven its ability to pay; or

(c) The household is currently in substandard or overcrowded living conditions;

(d) The household documents the existence of assets, within the asset limitation otherwise applicable, with which the household proposes to supplement the rent payments.

N. Limitations on indebtedness secured by ownership unit; subordination.

(1) Prior to incurring any indebtedness to be secured by a restricted ownership unit, the owner shall apply to the Administrative Agent for a determination in writing that the proposed indebtedness complies with the provisions of this Section, and the Administrative Agent shall issue such determination prior to the owner incurring such indebtedness.

(2) With the exception of original purchase money mortgages, neither an owner nor a lender shall at any time during the control period 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. 5:80-26.7(c).

O. Control periods for restricted rental units.

(1) Control periods for units that meet the definition of prior round units shall be pursuant to the 2001 UHAC rules originally adopted October 1, 2001, 33 N.J.R. 3432, and amended December 20, 2004, 36 N.J.R. 5713 and shall remain subject to the requirements of this section for a period of at least 30 years as applicable unless otherwise indicated.

(2) Other than for prior round units, control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.12, as may be amended and supplemented, and each restricted rental unit shall remain subject to the requirements of this section for a period of at least 40 years. Restricted rental units created as part of developments receiving 9% Low-Income Housing Tax Credits must comply with a control period of not less than a 30-year compliance period plus a 15-year extended use period for a total of 45 years.

(3) The affordability control period for a restricted rental unit shall commence on the first date that a unit is issued a certificate of occupancy following the execution of the deed restriction or, if affordability controls are being extended, on the effective date of the extension, which is the end of the original control period.

(4) Rehabilitated renter-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of not less than 10 years.

(5) Prior to the issuance of any building permit for the construction/rehabilitation of restricted rental units, the developer/owner and the municipality shall record a preliminary instrument provided by the Administrative Agent.

(6) 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. The deed restriction shall be recorded by the developer with the county records office, and provided as filed and recorded, to the Administrative Agent within 30 days of the receipt of a certificate of occupancy.

(7) A restricted rental unit shall remain subject to the affordability controls of this section despite the occurrence of any of the following events:

(a) Sublease or assignment of the lease of the unit;

(b) Sale or other voluntary transfer of the ownership of the unit;

(c) The entry and enforcement of any judgment of foreclosure on the property containing the unit; or

(d) The end of the control period, until the occupant household vacates the unit, or is certified as over-income and the controls are released in accordance with UHAC.

P. Rent restrictions for rental units; leases and fees.

(1) The initial rent for a restricted rental unit shall be set by the Administrative Agent.

(2) 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 retained on file by the Administrative Agent.

(3) No additional fees, operating costs, 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.

(a) Operating costs, for the purposes of this section, include certificate of occupancy fees, move-in fees, move-out fees, mandatory internet fees, mandatory cable fees, mandatory utility submetering fees, and for developments with more than 1|1/2 off-street parking spaces per unit, parking fees for one parking space per household.

(4) Any fee structure that would remove or limit affordable unit occupant access to any amenities or services that are required or included for market-rate unit occupants is prohibited. Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit to be applied to the costs of administering the controls applicable to the unit as set forth in this section.

(5) Fees for unit-specific, non-communal items that are charged to market-rate unit tenants on an optional basis, such as pet fees for tenants with pets, storage spaces, bicycle-share programs, or one-time rentals of party or media rooms, may also be charged to affordable unit tenants, if applicable.

(6) Pet fees may not exceed $30 per month and associated one-time payments for optional fees pertaining to pets, such as a pet cleaning fee, are prohibited.

(7) Fees charged to affordable unit tenants for other optional, unit-specific, non-communal items shall not exceed the amounts charged to market-rate tenants.

(8) For any prior round rental unit leased before December 20, 2024, elements of the existing fee structure that are consistent with prior rules, but inconsistent with 5:80-26.13(c)1, may continue until the occupant household's current lease term expires or that occupant household vacates the unit, whichever occurs later.

Q. Tenant income eligibility.

(1) Tenant income eligibility shall be determined pursuant to N.J.A.C. 5:80-26.14, 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 the regional median income by household size.

(b) Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of the regional median income by household size.

(c) Moderate-income rental units shall be reserved for households with a gross household income less than 80% of the regional median income by household size.

(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 or 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. 5:80-26.17, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:

(a) The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;

(b) The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;

(c) The household is currently in substandard or overcrowded living conditions;

(d) The household documents the existence of assets with which the household proposes to supplement the rent payments; or

(e) The household documents reliable anticipated third-party assistance from an outside source such as a family member in a form acceptable to the Administrative Agent and the owner of the unit.

(3) The applicant shall file documentation sufficient to establish the existence of any of the circumstances in Subsection Q(2)(a) through (e) above with the Administrative Agent, who shall counsel the household on budgeting.

R. Municipal Housing Liaison.

(1) The Municipal Housing Liaison shall be approved by municipal resolution.

(2) The Municipal Housing Liaison shall be approved by the Division, or is in the process of getting approval, and fully or conditionally meets the requirements for qualifications, including initial and periodic training as set forth in N.J.A.C. 5:99-1 et seq.

(3) 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 the primary point of contact for all inquiries from the Affordable Housing Dispute Resolution Program, the state, affordable housing providers, administrative agents and interested households.

(b) The oversight of the Affirmative Marketing Plan and affordability controls.

(c) When applicable, overseeing and monitoring any contracting Administrative Agent.

(d) Overseeing the monitoring of the status of all restricted units listed in the Fair Share Plan.

(e) Verifying, certifying and providing annual information within AHMS at such time and in such form as required by the Division.

(f) Coordinating meetings with affordable housing providers and administrative agents, as needed.

(g) Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Division.

(h) Overseeing the recording of a preliminary instrument in the form set forth at N.J.A.C. 5:80-26.1 for each affordable housing development.

(i) Coordinating with the Administrative Agent, municipal attorney and municipal Construction Code Official to ensure that permits are not issued unless the document required in Subsection R(3)(h) above has been duly recorded.

(j) Listing on the municipal website contact information for the MHL and Administrative Agents.

S. Administrative agent.

(1) All municipalities that have created or will create affordable housing programs and/or affordable units shall designate or approve, for each project within its HEFSP, an administrative agent to administer the affordable housing program and/or affordable housing units in accordance with the requirements of the FHA, N.J.A.C. 5:99-1 et seq. and UHAC.

(2) The fees for administrative agents shall be paid as follows:

(a) Administrative agent fees related to rental units shall be paid by the developer/owner.

(b) Administrative agent fees related to initial sale of units shall be paid by the developer.

(c) Administrative agent fees related to resales shall be paid by the seller of the affordable home.

(d) Administrative agent fees related to ongoing administration and enforcement shall be paid by the municipality.

(3) An Operating Manual for each affordable housing program shall be provided by the Administrative Agent(s). The Operating Manual(s) shall be available for public inspection in the office of the Clerk and in the office(s) of the Administrative Agent(s). Operating manuals shall be adopted by resolution of the governing body.

(4) Subject to the role of the Administrative Agent(s), the duties and responsibilities as are set forth in N.J.A.C. 5:99-7 and which are described in full detail in the Operating Manual, including those set forth in UHAC, include:

(a) Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Division;

(b) Affirmative marketing:

[1] Conducting an outreach process to affirmatively market affordable housing units in accordance with the Affirmative Marketing Plan of the municipality and the provisions of N.J.A.C. 5:80-26.16.

[2] 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.

(c) Household certification.

[1] Soliciting, scheduling, conducting and following up on interviews with interested households.

[2] 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.

[3] Providing written notification to each applicant as to the determination of eligibility or non-eligibility within five days of the determination thereof.

[4] Requiring that all certified applicants for restricted units execute a certificate substantially in the firm, as applicable, of either the ownership or rental certificates set forth in the Appendices J and K of N.J.A.C. 5:80-26.1 et seq.

[5] 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.

[6] Employing a random selection process as provided in the Affirmative Marketing Plan when referring households for certification to affordable units.

(d) Affordability controls.

[1] Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for the recording at the time of conveyance of title of each restricted unit.

[2] Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and filed properly with the County Register of Deeds or County Clerk's office after the termination of the affordability controls for each restricted unit in accordance with UHAC.

[3] Communicating with lenders and the Municipal Housing Liaison regarding foreclosures.

[4] Ensuring the issuance of Continuing Certificates of Occupancy or certifications pursuant to N.J.A.C. 5:80-26.11.

(e) Records retention.

[1] Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded recapture mortgage, and note, as appropriate.

[2] Records received, retained, retrieved, or transmitted in furtherance of crediting affordable units of a municipality constitute public records of the municipality as defined by N.J.S.A. 47:3-16, and are legal property of the municipality.

(f) Resales and re-rentals.

[1] Instituting and maintaining an effective means of communicating information between owners and the Administrative Agent regarding the availability of restricted units for resale or re-rental.

[2] Instituting and maintaining an effective means of communicating information to very-low-, low-, or moderate-income households regarding the availability of restricted units for resale or re-rental.

(g) Processing requests from unit owners.

[1] Reviewing and approving requests from owners of restricted units who wish to refinance or take out home equity loans during the term of their ownership to determine that the amount of indebtedness to be incurred will not violate the terms of this section.

[2] 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.

[3] Notifying the municipality of an owner's intent to sell a restricted unit.

[4] Making determinations on requests by owners of restricted units for hardship waivers.

(h) Enforcement.

[1] Securing annually from the municipality a list of all affordable ownership units for which property tax bills are mailed to absentee owners, and notifying all such owners that they must either move back to their unit or sell it;

[2] 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;

[3] Sending annual mailings to all owners of affordable dwelling units reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.19(d)4;

[4] Establishing a program for diverting unlawful rent payments to the municipal Affordable Housing Trust Fund; and

[5] Creating and publishing a written operating manual for each affordable housing program administered by the Administrative Agent setting forth procedures for administering the affordability controls.

(i) The Administrative Agent(s) shall, as delegated by the municipality, have the authority to take all actions necessary and appropriate to carry out its/their responsibilities, herein.

T. Responsibilities of the owner of a development containing affordable units.

(1) The owner of all developments containing affordable units subject to this section or the assigned management company thereof shall provide to the administrative agent:

(a) Site plan, architectural plan, or other plan that identifies the location of each affordable unit, if subject to the site plan approval, settlement agreement, or other applicable document regulating the location of affordable units. The administrative agent shall determine the location of affordable units if not set forth in the site plan approval, settlement agreement, or other applicable document.

(b) The total number of units in the project and the number of affordable units.

(c) The breakdown of the affordable units by or identification of affordable unit locations by bedroom count and income level, including street addresses/unit numbers, if subject to the site plan approval, settlement agreement, or other applicable document regulating the breakdown of affordable units. The administrative agent shall determine the bedroom and income distribution if not set forth in the site plan approval, settlement agreement, or other applicable document.

(d) Floor plans of all affordable units, including complete and accurate identification of all rooms and the dimensions thereof.

(e) A projected construction schedule.

(f) The location of any common areas and elevators.

(g) The name of the person who will be responsible for official contact with the administrative agent for the duration of the project, which must be updated if the contact changes.

(2) In addition to Subsection T(1) above, the owner of rental developments containing affordable rental units subject to this section or the assigned management company thereof shall:

(a) Send to all current tenants in all restricted rental units an annual mailing containing a notice as to the maximum permitted rent and a reminder of the requirement that the unit must remain their principal place of residence, which is defined as residing in the unit at least 260 days out of each calendar year, together with the telephone number, mailing address, and email address of the administrative agent to whom complaints of excess rent can be issued.

(b) Provide to the administrative agent a description of any applicable fees.

(c) Provide to the administrative agent a description of the types of utilities and which utilities will be included in the rent.

(d) Agree and ensure that the utility configuration established at the start of the rent-up process not be altered at any time throughout the restricted period.

(e) Provide to the administrative agent a proposed form of lease for any rental units.

(f) Ensure that the tenant selection criteria for the applicants for affordable units not be more restrictive that the tenant selection criteria for applicants for non-restricted units.

(g) Strive to maintain the continued occupancy of the affordable units during the entire restricted period.

(3) In addition to Subsection T(1) above, the owner of affordable for-sale developments containing affordable for-sale units subject to this section or the assigned management company thereof shall provide the administrative agent:

(a) Proposed pricing for all units, including any purchaser options and add-on items.

(b) Condominium or homeowner association fees and any other applicable fees.

(c) Estimated real property taxes.

(d) Sewer, water, trash disposal, and any other utility assessments.

(e) Flood insurance requirement, if applicable.

(f) The State-approved planned real estate development public offering statement and/or master deed, where applicable, as well as the full build-out budget.

U. 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 an affordable 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 $500 per day or imprisonment for a period not to exceed 90 days, or both, unless otherwise specified below, provided that each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not a continuation of the initial offense;

[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 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 affordable unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the Court.

(3) The municipality shall have the authority to levy fines against the owner of the development for instances of noncompliance with NJHRC advertising requirements (N.J.S.A. 52:27D-321.6.e.(2)), following written notice to the owner. The fine for the first offense of noncompliance shall be $5,000, the fine for the second offense of noncompliance shall be $10,000, and the fine for each subsequent offense of noncompliance shall be $15,000.

(4) 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- or moderate-income unit.

(a) Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the affordable 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.

(b) 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- or moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for the full extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus 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.

(c) Foreclosure due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as they 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.

(d) 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 affordable 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 affordable 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 that would have been realized from an actual sale as previously described.

(e) Failure of the low- or 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 that may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- or moderate-income unit as permitted by the regulations governing affordable housing units.

(f) The affordable unit 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.

(5) It is the responsibility of the municipal housing liaison and the administrative agent(s) to ensure that affordable housing units are administered properly. All affordable units must be occupied within a reasonable amount of time and be re-leased within a reasonable amount of time upon the vacating of the unit by a tenant. If an administrative agent or municipal housing liaison becomes aware of or suspects that a developer, landlord, or property manager has not complied with these regulations, it shall report this activity to the Division. The Division must notify the developer, landlord, or property manager, in writing, of any violation of these regulations and provide a 30-day cure period. If, after the 30-day cure period, the developer, landlord, or property manager remains in violation of any terms of this section, including by keeping a unit vacant, the developer, landlord, or property manager may be fined up to the amount required to construct a comparable affordable unit of the same size and the deed-restricted control period will be extended for the length of the time the unit was out of compliance, in addition to the remedies provided for in this section. For the purposes of this subsection, a reasonable amount of time shall presumptively be 60 days, unless a longer period of time is required due to demonstrable market conditions and/or failure of the municipal housing liaison or the administrative agent to refer a certified tenant.

(6) Banks and other lending institutions are prohibited from issuing any loan secured by owner occupied real property subject to the affordability controls set forth in this section if such loan would be in excess of amounts permitted by the restriction documents recorded in the deed or mortgage book in the county in which the property is located. Any loan issued in violation of this subsection is void as against public policy.

(7) The Agency and the Department hereby reserve, for themselves and for each administrative agent appointed pursuant to this section, all of the rights and remedies available at law and in equity for the enforcement of this section, including, but not limited to, fines, evictions, and foreclosures as approved by a county-level housing judge.

V. Appeals.

(1) Appeals from all decisions of an administrative agent appointed pursuant to this section must be filed, in writing, with the municipal housing liaison. A decision by the municipal housing liaison may be appealed to the Division. A written decision of the Division Director upholding, modifying, or reversing an administrative agent's decision is a final administrative action.

§ 203-188 Waste management.

[Amended 8-4-1997 by Ord. No. 1280-97]

No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed of or otherwise used in the Pinelands Area. The land application of waste or waste-derived materials is prohibited in the Pinelands Area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Pinelands Area in accordance with the standards set forth in N.J.A.C. 7:50-6.

§ 203-189 Agriculture.

All agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service and the New Jersey Agricultural Experimental Station at Rutgers University.

§ 203-190 Design guidelines.

The following figures are provided as examples of some of the building configurations site designers should consider in meeting the requirements of this chapter.[1]

[1] Editor's Note: Figures 1 through 9 are included at the end of this chapter.

§ 203-191 Government buildings.

A. Buildings occupied by governmental agencies, as defined in Article III, or emergency service facilities, as defined below, shall be permitted in all districts, except the AG District, provided that the water quality standards established in § 203-186 are met and adequate parking, based on township parking requirements, is provided.

B. Governmental buildings and emergency service facilities shall apply to the following area and bulk standards:

(1) In the R-9, R-22, MV, GA-I, GA-M, GA-L, RC, DC, HC, NC, GC, IBP and FAATC Districts, the area and bulk standards for the district shall apply.

[Amended 11-19-2007 by Ord. No. 1613-2007]

(2) ln the FA-10, FA-25, FA-70, RD-1, RD-2.5, RD-4 and RD-5 Districts, the lot coverage, yard setback and landscape requirements of the NC Disthct shall apply, provided that the water quality standards of this chapter are met.

[Added 2-20-1990 by Ord. No. 1019-90]

(3) In the FA-10, FA-25, FA-70, RD-1, RD-2.5, RD-4 and RD-5 Districts without sewer connections, the standards of the NC district shall apply.

[Amended 11-20-1989 by Ord. No. 1014-89[1]]

[1] Editor's Note: This ordinance also deleted former Subsection B(2) and renumbered Subsection B(3) as Subsection B(2). Ordinance No. 1019-90 added a new Subsection B(2) and so this subsection was again numbered as Subsection B(3).

C. Government buildings and emergency service facilities in the FA-10, FA-25 and FA-70 Districts must also:

(1) Prove that the proposed use does not require or will not generate subsidiary or satellite development.

(2) Demonstrate that adequate public service infrastructure will be available to serve the use.

(3) Prove that the use must primarily serve the needs of the district in which it is located.

D. For the purpose of this section, "emergency service facilities" are defined as buildings or facilities occupied or used by fire companies or rescue squads recognized by Hamilton Township.

§ 203-192 Satellite dish antennas.

A. The purpose of this section is to establish guidelines governing the placement of satellite dish antennas as an accessory use in all the zoning districts of Hamilton Township. Such installation shall require a permit from the Township Zoning/Code Enforcement Officer.

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

SATELLITE DISH ANTENNA(E)

An apparatus or apparatuses capable of receiving communications or other signals from a transmitter or transmitter relay located in planetary orbit. Antennae that are part of personal wireless telecommunications facilities shall comply with the requirements set forth in § 203-184.1.

[Amended 8-19-2002 by Ord. No. 1432-2002]

USABLE SATELLITE SIGNAL

A satellite signal that, when viewed on a conventional television set, is at least equal in picture quality to that received from local commercial television stations or cable television.

C. Regulations.

(1) Location.

(a) Satellite dish antennas shall not be installed as a sole structure on a lot.

(b) In any residential, commercial or industrial zoning district, satellite dish antennas shall be located in rear yard areas.

(c) If a usable satellite signal cannot be received in a rear yard area, then the satellite dish antenna shall be mounted on the roof of existing principal or accessory structures on site or in a side yard area with screening, as required in Subsection C(3)(a) below, installed in the line of sight between the antenna and the front yard area.

(d) A waiver shall be required to install a satellite dish antenna in any front yard area. The application for a front yard waiver shall be accompanied by an affidavit from a qualified installer of satellite dish antennas stating the reasons why installation in a rear or side yard area or on a rooftop is not feasible.

(2) Setbacks for ground installation shall be as follows:

(a) Residential districts:

[1] Side yard line: 10 feet.

[2] Rear yard line: 10 feet.

(b) Commercial or industrial districts:

[1] Side yard line: 20 feet.

[2] Rear yard line: 20 feet.

(3) Screening.

(a) In industrial and commercial districts, satellite dish antennas placed at ground level shall be screened from adjacent roads by either an evergreen buffer, six feet in height at time of planting, or a solid wood fence, six feet in height, landscaped at its base with ground cover plantings.

(b) In all districts, roof-mounted satellite dish antennas shall be placed, where possible, without interfering with the usable signal, in an unobtrusive location.

(4) Other regulations.

(a) Satellite dish antennas shall be installed in compliance with the manufacturer's installation standards and local Building and Electrical Codes.[1]

[1] Editor's Note: See Ch. 144, Construction Codes, Uniform.

(b) Satellite dish antennas shall be erected in a secure, wind-resistant manner, to the satisfaction of the appropriate township officials.

(c) Satellite dish antennas located in either the FA-10, FA-25 or FA-70 Zoning District shall conform to all applicable regulations for setback and screening established in Article V of this chapter.

(d) Satellite dish antennas may not be roof- or front-yard mounted in any of the township historic areas without the express endorsement of the Historic Commission.

§ 203-193 Density Transfer Program.

[Added 5-17-1993 by Ord. No. 1148-93; amended 4-18-1994 by Ord. No. 1164-94]

A. Rural development area. Single-family dwellings on lots of at least one acre existing as of January 14, 1981, shall be permitted in the RD-2.5, RD-4, RD-5 and RD-20 Districts, provided that:

[Amended 3-15-2004 by Ord. No. 1490-2004; 11-19-2007 by Ord. No. 1613-2007]

(1) The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land in the same zoning district which, when combined with the acreage of the lot proposed for development, equals the following:

(a) Two and five-tenths acres if the development is proposed In the RD-2.5 District.

(b) Four acres if the development is proposed in the RD-4 District.

(c) Five acres if the development is proposed in the RD-5 District.

(d) Twenty acres if the development is proposed in the RD-20 District.

(2) Where the land acquired pursuant to Subsection A(1) (above) consists of multiple contiguous lots, the lots shall be consolidated by deed.

(3) All noncontiguous lands acquired pursuant to Subsection A(1) above shall be permanently protected through recordation of a deed of restriction in accordance with the following requirements:

[Amended 6-18-2012 by Ord. No. 1722-2012]

(a) The deed of restriction shall permit the parcel to be managed for:

[1] Low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces, and any such uses or activities are approved and conducted in accordance with the requirements of this chapter;

[2] Where agricultural use exists on a parcel to be protected, the following standards shall apply:

[a] For those agricultural uses in existence as of April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses and the expansion of the area of agricultural use by up to 50%;

[b] For those agricultural uses established after April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses, provided the agricultural use has been in existence for a period of at least five years prior to submission of an application for density transfer;

[c] For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection A(3)(a)[2][b] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection A(3)(a)[2][a] above and shall not provide for continuation of any agricultural use on the parcel; and

[d] The deed of restriction to be recorded pursuant to Subsection A(3)(a)[2][a] or [b] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a resource management system plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the resource management system plan shall be provided. If the deed of restriction is in favor of Atlantic County or the State Agricultural Development Committee, evidence of its approval shall also be provided.

(b) The deed of restriction shall be in favor of the parcel to be developed and the Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. The deed restriction shall be in a form to be approved by the Township Solicitor and the Pinelands Commission.

(4) Applicants for development under this section have the option of either maintaining ownership of the deed-restricted land or transferring ownership of it to the following: either open space conservancies or nonprofit open space agencies (Natural Lands Trust, Nature Conservancy, New Jersey Conservation Foundation, and New Jersey Department of Environmental Protection Green Acres Program). Any agency or conservancy not herein listed cannot be used unless authorized by resolution of the Township of Hamilton governing body.

(5) The lot proposed for development otherwise meets the minimum standards of this article.

(6) Dwelling units constructed under the provisions of this section shall comply with the yard setback requirements of § 203-29B.

B. Forest area. Single-family dwellings on lots of at least one acre existing as of January 14, 1981, shall be permitted, provided that:

(1) The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land in the same zoning district which, when combined with the acreage of the lot proposed for development, equals at least the following:

(a) Ten acres if the lands are located in the FA-10 District.

(b) Twenty-five acres if the lands are located in the FA-25 District.

(c) Seventy acres if the lands are located in the FA-10 District.

(2) The requirements of Subsection A(3) through A(7) above are met.

§ 203-194 Swine farming.

[Added 12-16-1996 by Ord. No. 1258-96]

A. Purpose and intent.

(1) The governing body for the Township of Hamilton and County of Atlantic, being aware of the reflection on surrounding values and of the general annoyance or nuisance created by swine farms and the raising and/or keeping of swine, it is the legislative intent that no additional swine farms be permitted nor any existing swine farm operations be enlarged except as provided herein. It is also the legislative intent to limit the districts where swine farming can occur and to otherwise limit the amount and number of swine raised and/or kept in the various zoning districts in the Township.

(2) It shall be unlawful for any person to raise, keep and/or maintain within the geographic limits of the Township of Hamilton any swine except in compliance with the provisions of this chapter and all other laws and ordinances of the Township of Hamilton, the County of Atlantic and State of New Jersey.

B. Commercial swine farming. Commercial swine farming, as described herein below, shall be a permitted use only in the Agricultural (AG) and the Forest Area (FA-70) Zoning Districts. Commercial swine farming or the raising of swine for sale or barter or for any use other than personal use shall be prohibited in all other zoning districts in the Township of Hamilton except AG and FA-70.

C. Grain feed only. It shall be unlawful to feed swine garbage in any zoning district in the Township of Hamilton, whether cooked or not. In those districts and under those conditions where swine is permitted, both commercially and for personal use, as specifically set forth herein, swine shall be fed with grain only. This provision shall apply to both commercial swine farming and the raising of swine for personal use. Swine shall not be fed on the ground, but on raised platforms constructed of concrete or other similar material, with a minimum thickness of four inches. The feeding platform shall be cleaned on a regular basis.

D. Conformance with all municipal, county, state and federal regulations. Commercial swine farming. where permitted under this chapter, shall conform with all laws, rules and regulations relating to the housing, penning, feeding, cleaning and other maintenance standards as are required by the Township of Hamilton, County of Atlantic and State of New Jersey, and the Government of the United States and its various agencies and subdivisions.[1]

[1] Editor's Note: See Ch. 105, Animals, Article VI, Swine Feeding.

E. Permitted swine for personal use. In the following zoning districts, the maintenance and keeping of swine shall be permitted as an accessory use, provided the lot on which the accessory use is being conducted is a minimum of 2.5 acres: RD-2.5, RD-4, RD-5, FA-10, FA-25, FA-70 and AG. In all other zoning districts, swine for personal use shall be prohibited.

F. Conditions for maintenance of swine for personal use in RD-2.5, RD-4, RD-5, FA-10 and FA-25 Zoning Districts and maintenance of swine farming in AG and FA-70 Zoning Districts.

(1) The pens, fences or all other structures used to house, support, maintain or confine swine and/or the storage of grain foods used for feeding swine and/or the piling or storage of waste from swine may not be constructed or maintained within 50 feet of any and all property lines, front, rear or sides. Annexed hereto as Exhibit "A" is an illustration indicating the buffer locations and requirements. Said illustration is marked as Exhibit "A" and is incorporated herein as if set forth at length.

(2) The keeping and raising of swine for personal use and swine farming shall be subject to all of the applicable provisions of the New Jersey Administrative Code, the Atlantic County Board of Health, any and all other state, federal, county or municipal statutes, regulations or ordinances as it relates to all sanitary conditions, storage of food, cleaning of debris and waste, removal of manure and the overall housing and keeping of swine.

(3) All feeding of swine shall consist only of and be limited to dry grain dispensed by feeding devices approved by the Atlantic County Board of Health or other appropriate state agency or by grazing upon lands which are enclosed by a pen or fence consistent with the buffer zones as listed in this chapter.

(4) Adequate drainage shall be provided in all areas used to house, pen or maintain the swine. Shelters and feeding areas shall be constructed to provide satisfactory drainage. There shall be no pools of stagnant water within these areas.

(5) All stalls, pens, sites, buildings or other structures used to house or maintain swine shall be constructed of material of sufficient strength to confine the swine therein. Any facility permitted under this chapter shall be in compliance with the statutes and regulations of the New Jersey Department of Agriculture and the United States Department of Agriculture governing the raising of swine. To the extent that the terms and provisions of this chapter are more restrictive than those required by the New Jersey Department of Agriculture or the United States Department of Agriculture, the terms and provisions of this chapter shall prevail.

(6) Buildings, fences, pens, floors and other structures used for the maintenance of swine shall be maintained in a clean and repaired state of condition.

(7) All waste material or manure shall be removed daily or more often if sanitation or odor conditions require. All waste material or manure shall be disposed of in such a manner as not to create a sanitation problem nor to be offensive to neighboring residents.

(8) No odor offensive to neighboring residents shall be permitted to emit from the premises where swine are raised or maintained.

(9) Pest control. Each facility shall put into effect and maintain a program of rodent and/or other pest control consistent with the New Jersey Department of Agriculture, Division of Animal Health.

G. Inspection by County Board of Health or other appropriate agencies. The Atlantic County Board of Health and/or any municipal, county or state agency shall be permitted onto the lands for the purposes of inspecting the buildings, pens, premises and other improvements used for the maintenance of swine as often as is deemed necessary. For purposes of making such inspection, the representative of any of the aforesaid agencies shall have free access to all buildings and premises permitted under this chapter.

H. Trucks. All trucks used in the cleaning and/or removal of manure or other waste or in any way associated with the use and maintenance of swine shall be cleaned after said use and shall be parked in a location so as not to create or cause obnoxious odors to the neighboring property owners.

I. Limit on number of swine permitted in RD-2.5, RD-4, RD-5, FA-10 and FA-25: As an accessory use permitted in the RD-2.5, RD-4, RD-5, FA-10 and FA-25 zoning districts, the number of mature swine over eight weeks shall be limited to four per household. This limitation, however, shall not apply to infant swine who are less than eight weeks of age. This shall not apply to certain "potbellied pigs" which are exclusively raised inside a residential home as a domestic pet.

J. Definitions.

COMMERCIAL SWINE FARMING

The raising of swine other than that as defined herein as swine for personal use. It shall include, but is not limited to, the raising and maintaining of swine for sale or barter or the raising of swine until such time as they reach mature body weight, removing them from the premises and replacing them with other swine. Any and all use, maintenance or raising of swine to derive a profit, income or pecuniary benefit of any sort, nature or type.

GARBAGE

All waste material derived, in whole or in part, from the meat of an animal, including fish or poultry, or other animal material or other refuge or any character whatsoever that has been associated with any such material, resulting from the handling, preparation, cooking or consumption of food. All waste material derived from vegetable or other such material resulting from the handling, preparation, cooking or consumption of food.

SWINE

Pigs, hogs and boars, not including small potbellied pigs, which are exclusively raised and kept inside a residential home as a domestic pet.

SWINE FOR PERSONAL USE

The raising and maintenance of swine for personal consumption and not for sale, barter or exchange.

K. Penalties. Any person who shall do an act or omit to do an act or shall permit others to do an act on their property which is in violation of this chapter shall be in violation of the law, and upon conviction thereof shall be given five days from the date of notification of said violation to correct any such violations. Failure to correct any such violations shall be subject to a penalty or fine not to exceed $500 and up to 30 days in jail at the discretion of the Municipal Judge. Each and every day that a violation shall be found to exist shall constitute a separate violation of this section.

§ 203-195 Visibility at intersections.

[Added 7-7-1997 by Ord. No. 1261-97]

On a corner lot or any point of entry on a public road, nothing shall be erected, placed, planted or allowed to grow in such manner that it obscures the vision above the height of 2 1/2 feet within 10 feet of any roadway and within 25 feet of the intersection of two roadways. The owner or the tenant of lands lying within these limits shall have the responsibility to keep all brush, hedges and other plant life growing within 10 feet of any roadway and within 25 feet of the intersection of two roadways cut to a height of not more than 2 1/2 feet where it shall be necessary. No physical obstructions or signs shall be placed in this area without the permission of the Township of Hamilton. Failure to do so shall be subject to the Construction Official's order to remove such material or cut and trim and otherwise maintain the area as required for the safety of the area. If the owner or tenant does not remove said material, the municipality will have the area modified to conform with this section and charge the landowner for the cost of performing the clearing and/or maintenance along the side of the roadway and/or the intersection area.

§ 203-196 Day-care centers in nonresidential zoning districts.

[Added 7-7-1997 by Ord. No. 1261-97]

A. Standards for freestanding or stand-alone day-care centers:

(1) The day-care center and all accessory development (e.g., parking, trash enclosures, etc.) shall comply with the minimum area and bulk requirements of the zoning district in which the center is located.

B. Standards for day-care centers in a commercial building or center of an industrial building.

(1) The location and size of a day-care center shall be permanently deed-restricted in order to qualify for the parking, density or floor area ration exclusions allowed at N.J.S.A. 40:55D-66.6 and 40:55D-66.7.

C. General standards for day-care centers.

(1) Adequate parking shall be provided pursuant to § 203-60 to meet the needs of staff and students.

(2) Any outdoor play area shall be fenced in and supervised by staff members at all times that children are present.

(3) Where the play area is accessed directly from the building, an access gate shall be provided for use by emergency personnel and equipment.

(4) Details of all proposed play equipment shall be provided.

(5) All applicable standards of the State Department of Human Services shall be met.

§ 203-196.1 Residential cluster development in the Forest Area and Rural Development Districts.

[Added 6-18-2012 by Ord. No. 1722-2012]

A. In the FA-10, FA-25, FA-70, RD-2.5, RD-4, RD-5 and RD-20 Districts, clustering of single-family detached dwellings shall be permitted whenever two or more units are proposed as part of a residential development, except in cases where such development:

(1) Conflicts with the provisions of a development transfer program established pursuant to N.J.A.C. 7:50-5.30;

(2) Is inconsistent with the standards of Subchapter 6 of the Pinelands Comprehensive Management Plan; or

(3) Disrupts the contiguity of the forest ecosystem to a greater degree than nonclustered development.

B. The following standards shall apply to the clustering of residential development within the Forest Areas and Rural Development Areas:

(1) Maximum density:

(a) In the FA-10 District: one unit per 10 acres.

(b) In the FA-25 District: one unit per 25 acres.

(c) In the FA-70 District: one unit per 70 acres.

(d) In the RD-2.5 District: one unit per 2.5 acres.

(e) In the RD-4 District: one unit per four acres.

(f) In the RD-5 District: one unit per five acres.

(g) In the RD-20 District: one unit per 20 acres.

(2) The number of base residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection B(1) above.

(3) Bonus density.

(a) A density bonus may be applied to the cluster development and shall be calculated on the basis of the area of the parcel of land and the density permitted in Subsection A(1) above. All area must be contiguous, and no outparcels shall be permitted. The density bonus shall be applied in accordance with the following table:

[Amended 11-13-2012 by Ord. No. 1731-2012]

	Upland Area Size	RD-2.5 District	RD-4 District	RD-5 District	FA-10 and RD-20 Districts	FA-25 and FA-70 Districts
	< 50 acres	0	0	0	0	0
	50 – 99.99 acres	0	10%	15%	20%	25%
	100 – 149.99 acres	0	15%	20%	25%	30%
	> 150 acres	0	20%	25%	30%	40%

(b) The bonus density in Subsection B(3)(a) above shall not apply to parcels in common ownership as of April 6, 2009. In order to be eligible for the bonus density provided in Subsection B(3)(a) above, an applicant must document the acquisition of additional vacant, contiguous land on or after April 6, 2009. Such land must be included in the application for cluster development and result in the preservation of a larger area of open space. Upon the acquisition of such lands, the bonus density set forth in Subsection B(3)(a) above shall apply to the entire contiguous parcel which is the subject of the cluster development application.

(4) The residential cluster shall be located on the parcel such that the development area:

(a) Is located proximate to existing roads;

(b) Is located proximate to existing developed sites on adjacent or nearby parcels;

(c) Is or will be appropriately buffered from adjoining or nearby nonresidential land uses;

(d) Conforms with the minimum environmental standards of N.J.A.C. 7:50-6.

(5) Development within the residential cluster shall be designed as follows:

(a) Residential lots shall be one acre in size but may be larger if dictated by unusual site conditions. In no case shall the average size of residential lots within a cluster exceed 1.1 acres;

(b) Each lot within the residential cluster must contain a minimum of 50% of upland, developable area, exclusive of all wetlands and wetland buffers;

(c) The minimum bulk requirements specified in § 203-37A for residential development in the RD-1 District shall apply;

(d) Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of § 203-186B(4) may serve the lots within the cluster development area. However, in the event that existing agricultural uses will continue on the parcel in accordance with Subsection B(6)(b)[2] below, individual on-site septic wastewater treatment systems shall comply with the standards of §§ 203-186B(5) and (10). Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of §§ 203-186B(5) and (10) shall also be permitted;

(e) The residential cluster development area shall include such land and facilities as are necessary to support the development, including wastewater facilities, stormwater management facilities and recreation amenities; and

(f) Permitted recreation amenities may include playgrounds, tot lots, swimming pools, tennis courts and other such recreational facilities, which are solely for use by the residents of the cluster development. Recreational amenities shall not be limited to the foregoing so that the applicant may propose additional facilities. All such facilities shall be accessory to the residential cluster development. No advertising or commercial enterprise shall be permitted. In no case may such amenities occupy more than 1/2 acre of land or the equivalent of one acre of land for every 25 residential lots, whichever is greater.

(6) The balance of the parcel located outside of the residential cluster development shall be owned and managed by a duly constituted homeowners' association, a nonprofit conservation organization, the Township of Hamilton or be incorporated as part of one of the lots within the cluster development area.

(a) All such land shall be permanently protected through recordation of a deed of conservation restriction. Such restriction shall be in favor of the Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission; and

(b) The deed of restriction shall permit the parcel to be managed for:

[1] Low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces, and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 203;

[2] Where agricultural use exists on a parcel proposed for cluster development, the following standards shall apply:

[a] For those agricultural uses in existence as of April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses and the expansion of the area of agricultural use by up to 50%;

[b] For those agricultural uses established after April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses, provided the agricultural use has been in existence for a period of at least five years prior to submission of an application for cluster development;

[c] For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection B(2)[a] or [b] above; the deed of restriction shall permit the land to be managed only in accordance with Subsection B(1) above and shall not provide for continuation of any agricultural use on the parcel;

[d] The deed of restriction to be recorded pursuant to Subsection B(2)[a] or [b] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a resource management system plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the resource management system plan shall be provided. If the deed of restriction is in favor of Atlantic County or the State Agricultural Development Committee, evidence of its approval shall also be provided; and

[e] For parcels which meet the standards of Subsection B(2)[a] or [b] above, a provision shall be recorded in the deed for each residential lot within the cluster development area which acknowledges agricultural use of the protected land outside the cluster development area and recognizes the legal protections afforded to that use through the deed of restriction and any applicable statutes.

§ 203-196.2 Bed-and-breakfasts.

[Added 10-16-2017 by Ord. No. 1858-2017]

Bed-and-breakfast establishments subject to the following standards:

A. Bed-and-breakfasts must be accommodated solely in a single-family dwelling which has been converted for such a use and licensed by the New Jersey Department of Community Affairs as a bed-and-breakfast establishment.

B. Bed-and-breakfast establishments shall have a maximum of four guest rooms accommodating no more than eight guests. Guest stays shall not exceed 30 days during any sixty-calendar-day period.

C. Bed-and-breakfast establishments shall not operate as a rooming house or boardinghouse as defined by N.J.S.A. 55:13B-3.

D. Cooking facilities and smoking shall not be allowed in guest rooms.

E. The residential character of the lot and dwelling shall not be changed. If additions or expansions to the dwelling are proposed, such addition or expansion shall maintain the architectural style and facade of the dwelling.

F. A minimum two off-street parking space shall be provided, the owner's living unit, plus one parking space for each guest room. Off-street parking spaces shall be located in the side and/or rear yard area. All parking areas and driveways shall be at least five feet from side property lines and 10 feet from the rear property line.

G. Bed-and-Breakfast establishments shall comply with the minimum lot area and bulk requirements of the zoning district in which they are located.