Upon proper application and hearing as herein provided, planned residential developments shall be permitted as a conditional use on sites identified by block and lot number as noted in § 255-7K herein, provided that the Planning Board finds and determines that the following conditions have been met:
A.
One-family dwelling. Planned residential development shall include one-family dwellings, as defined by Article III.
B.
C.
Size of planned residential developments. No tract,
parcel or lot or assemblage of lots may be developed as a planned
residential development unless it shall be comprised of a minimum
of 10 or more acres of adjoining and contiguous land and unless it
has sufficient access to an approved and improved street. For the
purpose of this section, internal streets, roads and rights-of-way
shall not be deemed to divide acreage of a planned residential development.
D.
Sanitary sewer system. A planned residential development
shall be required to be joined to a centralized sanitary sewer system
as defined herein. Such linkage to a sanitary sewer system must be
reviewed and approved by the State of New Jersey, Department of Environmental
Protection, and Bergen County Utilities Authority, the Mayor and Council
and the Borough Engineer.
E.
Environmentally sensitive lands. No planned residential
development shall be approved as a conditional use where the subject
property is located within environmentally sensitive lands. Lands
shall be deemed to be environmentally sensitive if they meet one or
more of the following criteria:
(1)
Fifty percent or more of the site is classified as
a wetland area.
(2)
Twenty-five percent or more of the site is classified
as a floodway.
(3)
Fifty percent or more of the property is identified
as a flood hazard, flood fringe or flood plain area.
(4)
Twenty-five percent or more of the property contains
slopes in excess of 15% grade.
(5)
Fifteen percent or more of the property contains slopes
in excess of 20% grade.
(6)
No portion of any lands within 250 feet of the one-hundred-year
floodline of the Lake Tappan Reservoir or the Hackensack River shall
be utilized for a planned residential development purpose, nor utilized
in calculating lands for qualification of a planned residential development.
(7)
Any building, structure, area or property that is
significant to the history, architecture, archaeology or culture of
the United States, the State of New Jersey, the County of Bergen or
the Borough of Old Tappan, and has been so designated, shall not be
utilized in a planned residential development.
F.
Road frontage. A planned residential development shall
be located on a principal roadway in the Borough and shall contain
minimum of 50 feet of road frontage measured at the street right-of-way
line. All multifamily units within a planned residential development
shall have direct access to such principal roadway. Principal roadways
shall be limited to the following streets within the Borough:
Old Tappan Road
|
(Washington Avenue)
| |
Central Avenue
|
(Cripplebush Road)
| |
DeWolf Road
|
(Westwood Avenue)
| |
Orangeburg Road
|
G.
Centralized water supply facilities. A planned residential
development shall be provided with an adequate supply of water from
the requisite serving utility. Proof of its availability and sufficient
water pressure shall be provided to the Planning Board at the time
of submission of an application for development.
H.
Except as provided in Subsection D(1)(a) of § 255-22 hereof, the applicant shall provide and maintain a buffer area, as defined in § 255-4 for a planned residential development which shall be no less than 50 feet in width from all external property lines of the site. Such buffer area shall be required to provide a year-round visual screen, as determined by the Planning Board.
[Added 4-24-2000 by Ord. No. 714-00]
The following area, yard and bulk requirements
shall apply to planned residential developments as a permitted conditional
use:
A.
The minimum sizes of lots, the number and minimum
sizes of yards and building bulk controls for planned residential
developments shall be governed by the accompanying schedule entitled
"Zoning, Area and Bulk Schedule for Old Tappan, New Jersey" which,
together with all explanatory matter thereon, is attached to and made
part of this chapter.[1]
[1]
Editor's Note: The Zoning, Area and Bulk Schedule is included at the end of this chapter.
B.
All buildings and structures within a planned residential
development shall be set back no less than 70 feet from any external
street right-of-way line, as existing, or such distance as may be
determined by the Bergen County Planning Board as part of its review
procedures, whichever is greater.
C.
All setbacks shall be measured from the right-of-way
line of the street, but if the Master Plan or Official Map of the
Borough shows the location of a right-of-way line different from the
existing right-of-way line, the required setbacks shall be measured
from the right-of-way line as shown on the Official Map, if any, or
the Master Plan.
D.
At all street intersections, no obstruction to vision
exceeding 30 inches in height above the grade to be established at
the curb, other than existing buildings, posts, columns, trees or
proposed necessary traffic control devices, shall be permitted in
an area bounded by the intersecting curbline and a line joining points
each 30 feet distant from the intersection of the curblines along
the curbline of each street.
The following requirements as to the density
and distribution of residential units shall apply to planned residential
developments as permitted conditional uses:
A.
Overall residential density. The maximum overall residential
density for a planned residential development shall be six units per
acre of total land area. For the purpose of this section, internal
streets, roads and right-of-ways shall be included in the acreage
calculations.
B.
Low- and moderate-income housing. Every planned residential
development shall provide low- and moderate-income housing as defined
herein as part of the development. A planned residential development
shall provide a minimum of 20% of its dwelling units for low- and
moderate-income households; provided, however, that if the planned
residential development meets its low- and moderate-income housing
obligation with rental housing, the planned residential development
shall provide sufficient low- and moderate-income housing which will
result in total credits for affordable housing from the Council on
Affordable Housing to the Borough in an amount equal to at least 20%
of the dwelling units in the planned residential development.
C.
Distribution of low- and moderate-income dwelling
units. Within a planned residential development 50% of all units for
low- and moderate-income housing shall be for moderate income households
and 50% shall be for low income households, both as defined here.
D.
Distribution of dwelling types.
(1)
Single-family dwellings.
(a)
Within a planned residential development there
shall be a minimum of three types of dwelling units. A minimum of
5% of the total number of units permitted shall be one-family dwellings
which shall meet the area, yard and bulk requirements of the RA 15
Zone as it applies to single-family residences. The one-family dwellings
shall be located adjacent to or near existing one-family dwellings
so as to form a transition zone between the planned residential development
and such existing one-family dwellings. The remaining units may be
constructed as townhouses, patio homes, townhouse duplexes, triplexes
and quadruplexes, provided that they comply with the minimum area,
yard and bulk standards of this section, as provided herein.
(b)
One-family dwellings proposed and constructed
within any planned residential development may only be counted toward
the five-percent minimum requirement for that development, and may
not be counted toward such five-percent minimum requirement for any
adjacent or other planned residential development.
(c)
As a condition to any approval granted to such
planned residential development, the owner shall record a restrictive
covenant or other deed restriction, in form satisfactory to the Planning
Board Attorney, provided that no further development or construction
shall be permitted with respect to such single-family dwellings or,
if applicable, with respect to the lots on which such dwellings are
erected.
(d)
The RA 15 Zone minimum front yard, side yard, and rear yard area requirements for a one-family residential dwelling within a planned residential development shall supersede the buffer area requirements of § 255-20H hereof, where such yard is situated within the required buffer area of a planned residential development.
[Amended 4-24-2000 by Ord. No. 714-00]
(2)
Economic segregation prohibited. Except where a planned
residential development meets its requirement for low- and moderate-income
housing by providing low- and moderate-income rental housing, within
a planned residential development there shall be no economic segregation
of dwelling units separating low- and moderate-income units from marketplace
units, except that one-family dwellings may be separated from low-
and moderate-income units; and two building groups of townhouses adjacent
to each other, regardless of the total number of dwelling units contained
therein, shall contain at least one low- and moderate-income unit
as part of the two building groups.
(3)
Handicapped accessible units. Within a planned residential
development, at least 4% of the dwelling units shall be designed for
occupancy by handicapped persons, in accordance with standards promulgated
by the handicapped persons, in accordance with standards promulgated
by the Federal Department of Housing and Urban Development.
(4)
Low- and moderate-income units.
(a)
Within a planned residential development, the
distribution of low- and moderate-income units shall be governed by
the following standards:
Percent Distribution of Dwelling Units
| ||
---|---|---|
Number of Bedrooms
|
Percent Low- and Moderate-Income Dwellings
| |
Efficiency and one-bedroom*
|
50%
| |
Two-bedroom
|
35%
| |
Three-bedroom
|
15%
| |
Total
|
100%
| |
*No more than 20% of the total units may be
efficiency units.
|
(b)
Within planned residential developments, low-
and moderate-income housing units shall be built in accordance with
the following schedule:
Minimum Percentage Low- and Moderate-Income
Units Completed
|
Percentage of Market Housing Units Completed
| |
---|---|---|
0
|
25
| |
10
|
25 + 1 unit
| |
50
|
50
| |
75
|
75
| |
100
|
90
| |
—
|
100
| |
In the event COAH waives this requirement for
any developer, then this requirement may also be waived by the Borough
by resolution of the Mayor and Council.
|
(c)
The construction of low- and moderate-income units, as part of a planned residential development, shall be the responsibility of the applicant. Any plan for such development shall be subject not only to conditional use approval as provided for herein, but also subject to site plan approval by the Planning Board, pursuant to Chapter 218, Subdivision of Land.
E.
Transfer of low- and moderate-income housing unit
obligations.
(1)
Findings.
(a)
It is in the best interests of the citizens
of the Borough to provide low- and moderate-income housing within
the Borough consistent with the standards established by the Supreme
Court of New Jersey in its "Mount Laurel II" decision and the New
Jersey Legislature in the Fair Housing Act, N.J.S.A. 52:27D-301 et
seq.
(b)
In furtherance of providing for its fair share
of low- and moderate-income housing, the Borough has enacted an amendment
to this chapter which provides for the construction of low- and moderate-income
housing within the Borough as a conditional higher density use.
(c)
N.J.S.A. 52:27D-325 authorizes the Borough to
provide for the construction of low- and moderate-income housing in
such manner as may be necessary or useful for those purposes.
(d)
Construction of low- and moderate-income housing
on Borough owned property will further the low- and moderate-income
housing objectives.
(e)
Permitting a developer, with the Borough's consent,
to transfer its obligation to build low- and moderate-income housing
from the developer's site to the RB-130 Residence District facilitates
the construction of low- and moderate-income housing in the RB-130
Residence District.
(2)
Transfer of obligation to other lands. A developer,
with the written consent of the Borough incorporated in a developer's
agreement, may transfer all or part of this low- and moderate-income
housing obligation to another site within the Borough, which other
site shall be on Borough owned land in an RB 130 Residential district.
Such a transfer shall be in furtherance of the Borough providing low-
and moderate-income housing consistent with N.J.S.A. 52:27D-325.
F.
Transfer of low- and moderate-income housing unit
obligations via in-lieu contribution.
(1)
In-lieu contribution. A developer and the Borough may enter into an agreement whereby the developer may make a contribution to the Borough in accordance with § 45-38 of Chapter 45, Land Use Procedures, of the Code of the Borough of Old Tappan in lieu of constructing low- and moderate-income housing on-site as per N.J.A.C. 5:93-8.10(c).
(2)
Distribution of low- and moderate-income dwelling units. Of the remaining low- and moderate-income housing units built on site, 50% shall be for moderate-income households and 50% shall be for low-income households in accordance with Subsection C of this § 255-22 and COAH regulations. In the event COAH waives this requirement for any developer, then this requirement may also be waived by the Borough.
(3)
Limitations. In-lieu contributions shall be made in accordance with the applicable provisions of COAH regulations and Borough ordinances. Further, developers transferring 50% or more of their low- and moderate-income housing obligation in accordance with Subsection E of this § 255-22 shall not be permitted to make an in-lieu contribution in accordance with this Subsection F of § 255-22.
The following requirements as to open space
shall apply to a planned residential development as a conditional
use:
A.
At least 20% of the total land area of any planned
residential development shall be designed for and devoted to open
space. In computing such twenty-percent requirement, common recreation
areas accessory to the residential use and required buffer areas shall
be included as open space.
A.
In all planned residential developments, where dwelling
units are not being subdivided into individual lots and the circulation
system is privately owned and maintained, the following shall be the
minimum distance between buildings other than one-family dwellings:
(1)
The front of one building to the front of another
building: 75 feet.
(2)
The front of one building to the side of another building:
60 feet.
(3)
The front of one building to the rear of another building:
75 feet.
(4)
The side of one building to the side of another building
(other than an attached unit): 30 feet.
(5)
The side of one building to the rear of another building:
60 feet.
(6)
The rear of one building to the rear of another building:
75 feet.
B.
The maximum length of a building unit containing townhouses
shall be the lesser of five dwelling units or 155 feet in length.
C.
The maximum length of a building unit containing townhouses
and duplexes or flats shall be the lesser of six dwelling units in
the total structure or 160 feet in length.
D.
The applicant shall designate on the plans submitted
the front and rear of each building.
A.
Purpose and scope. This section is designed to provide
assurances that low- and moderate-income units are created with controls
on affordability over time and that low- and moderate-income people
occupy these units. To this end, Old Tappan designates the Old Tappan
Affordable Housing Agency (hereinafter "the agency") with the responsibility
of ensuring the affordability of sales and rental units over time.
The agency shall also be responsible for affirmative marketing; income
qualification of low- and moderate-income households; placing income
eligible households in low- and moderate-income units upon initial
occupancy; placing income eligible households in low- and moderate-income
units as they become available during the period of affordability
controls; and enforcing the terms of the deed restriction and mortgage
loan.
B.
Placing households in low- and moderate-income units.
In placing households in low- and moderate-income units, Old Tappan
shall utilize the following verification and certification procedures:
(1)
Every household member 18 years of age or over who
will live in the affordable unit and receives income shall be required
to provide income documentation as applicable and determined by the
reviewer for the agency. This includes income received by adults on
behalf of minor children for their benefit. Household members 18 years
of age or over not receiving income must produce documentation of
current status.
(2)
Verification may include, but is not limited to, the
following:
(a)
Four consecutive pay stubs including overtime,
bonuses, or tips dated within 120 days of the interview date or a
letter from the employer stating present annual income figure as projected
annually.
(b)
A copy of regular IRS Form 1040 (tax computation
form), 1040A, or 1040EZ as applicable and state income tax returns
filed for each of the three years prior to the date of the interview;
(c)
A letter or appropriate reporting form verifying
benefits such as social security, unemployment, welfare, disability
or pension income (monthly or annually);
(d)
A letter or appropriate reporting form verifying
any other sources of income claimed by the applicant such as alimony
and child support;
(e)
Reports that verify income from assets to be
submitted by banks or other financial institutions managing trust
funds, money market accounts, certificates of deposit, stocks or bonds;
(f)
Evidence or reports of income from assets such
as real estate or businesses that are directly held by any household
member;
(g)
Evidence or reports that verify assets that
do not earn regular income such as non-income-producing real estate
or savings that do not earn interest; and
(h)
A notarized statement of explanation in such
form as to be satisfactory to the reviewer.
(3)
Generally, sources of annual income shall be based
on regular income reported to the IRS and which can be utilized for
mortgage approval. Household annual gross income shall be calculated
by projecting current gross income over a twelve-month period.
(4)
Income includes but is not limited to wages, salaries,
tips, commissions, alimony, regularly scheduled overtime, pensions,
social security, unemployment compensation, AFDC, verified regular
child support, disability, net income from business or real estate,
and income from assets such as savings, certificates of deposit, money
market, mutual funds, stocks and bonds and imputed income from non-income-producing
assets such as equity in real estate.
(5)
Assets not earning a verifiable income shall have
an imputed interest income using a current average annual savings
interest rate. Assets not earning income include present real estate
equity. Applicants owning real estate must produce documentation of
a market value appraisal and outstanding mortgage debt. The difference
will be treated as the monetary value of the asset and the imputed
interest added to income.
(6)
Income from assets that have delayed earnings, such
as IRA's or annuity programs shall not be included in current income
until such payments are being received. However, these assets must
be reported and verified.
(7)
Net rent from real estate is considered income after
the monthly mortgage payment including real estate taxes and insurance
is deducted. Other expenses are not deductible. In addition, the equity
in the rented real estate is considered an asset and will have the
imputed interest income on the calculated value of equity added to
income.
(8)
Income does not include payments, rebates or credits
received under federal or state low-income home energy assistance
programs, food stamps, payments received for care of foster children,
relocation assistance benefits, income of live-in attendants, scholarships,
student loans, personal property such as automobiles, lump-sum additions
to family assets such as inheritances, one-time lottery winnings,
and insurance settlements except for additional income earned from
these additions, and casual, sporadic or irregular gifts and bonuses.
(9)
Standard credit information services that provide
conventional credit and tenant reports may be utilized when certifying
a household with required written permission from the household. An
unsatisfactory credit history or credit information that demonstrates
a disproportionate debt to income ratio may result in a denial of
certification. Court-ordered payments for alimony or child support
to another household shall be considered a regular monthly debt whether
or not it is being paid regularly.
(10)
Households whose total gross annual income is
measured at 50% or below 50% of the authorized median income guideline
shall be certified as low-income households and referred to units
designated for low-income households.
(11)
Households whose total gross annual income is
measured above 50% but below 80% of the authorized median income shall
be certified as moderate income households and referred to units designated
for moderate income households.
(12)
Generally, households will be referred to units
where predetermined total monthly housing costs correspond to the
household's calculated ability to pay using 28% of gross monthly income
as a standard for home ownership and 30% of gross monthly income as
a standard for rental units.
(13)
At the discretion of the agency, households
may also be required to produce documentation of household composition
for determining the correct unit size and the applicable median income
guide.
(14)
Generally, households will be referred to available
units using the following standards for occupancy:
(15)
Households may be considered for units other than as above, but in no case shall a household be referred to a unit that provides for more than one additional bedroom per household occupancy standards as stated in Subsection B(14) above.
(16)
A form for certification shall be prepared and
signed by the agency. Only households receiving certification shall
be referred to affordable housing units.
(17)
Certified households who reject an opportunity
for affordable housing may be replaced on the referral list at their
request and may be reinterviewed for certification when their name
appears on a listing for a subsequent unit.
(18)
Certification shall be valid for no more than
120 days unless a valid sales contract or lease has been executed
within that time period. In this event, certifications shall be valid
until such time as the sales contract or lease is held invalid and
no occupancy has occurred. Certifications may be renewed in writing
at the request of a certified household for no more than an additional
period of 120 days at the discretion of the agency.
(19)
Households who are denied certification may
make a written request for a redetermination. Households shall be
required to produce additional documentation to support their claim.
Households which are denied certification a second time may request
a hearing by forwarding a written request to the agency within 30
days following the household's receipt of a denial notification. If
a written request has not been received within the thirty-day time
period, the ineligible determination will be final. The hearing decision
shall be final.
C.
Length of controls.
(1)
Old Tappan shall determine measures to assure that
newly constructed low- and moderate-income sales units remain affordable
to low- and moderate-income households for an appropriate period of
not less than 30 years. The agency shall do so by requiring all conveyances
of newly constructed low- and moderate-income sales units subject
to the Act to contain the deed restriction and mortgage lien adopted
by the New Jersey Council on Affordable Housing (hereinafter "COAH").
(2)
Municipalities receiving state aid pursuant to P.L.
1978, c .14 (N.J.S.A. 52:27D-178 et seq.) that exhibits one of the
characteristics delineated in N.J.A.C. 5:93-2.3(b) shall adopt measures
to assure that newly constructed low- and moderate-income sales units
remain affordable to low- and moderate-income households for a period
of not less than 10 years. The agency shall do so by requiring all
conveyances of newly constructed low- and moderate-income sales units
subject to the Act to contain the deed restrictions and mortgage lien
adopted by COAH.
(3)
Rehabilitated owner-occupied single-family housing
units that are improved to code standard shall be subject to affordability
controls for at least six years.
(4)
Rehabilitated renter-occupied housing units that are
improved to code standard shall be subject to affordability controls
for at least 10 years.
(5)
Old Tappan will assure that newly constructed low-
and moderate-income rental units remain affordable to low- and moderate-income
households for a period of 30 years. Municipalities receiving state
aid pursuant to P.L. 1978, c. 14 (N.J.S.A. 52:27D-178 et seq.) that
exhibit one of the characteristics delineated in N.J.A.C. 5:93-2.3(b)
shall adopt measures to assure that newly constructed low- and moderate-income
rental units remain affordable to low- and moderate-income households
for a period of at least 10 years. Affordability controls on rental
units may exceed the prescribed periods if the developer agrees to
a longer period.
(7)
Affordability controls on accessory apartments shall
be for a period of at least 10 years. However, in order to be eligible
for a rental bonus pursuant to N.J.A.C. 5:93-5.13, controls on affordability
shall extend for a period of 30 years.
(8)
Alternative living arrangements shall be controlled
in a manner, suitable to COAH, that provides assurances that such
a facility will house low- and moderate-income households for at least
10 years.
D.
General provisions concerning uniform deed restriction
liens and enforcement through certificates of occupancy or reoccupancy
on sales units.
(1)
A certificate of occupancy for initial occupancy of
a low- or moderate-income sales unit shall not be issued unless there
is a written determination by the agency that the unit is to be controlled
by a deed restriction and mortgage lien as adopted by COAH. The agency
shall make such determination within 10 days of receipt of a proposed
deed restriction and mortgage lien. Amendments to the deed restriction
and lien shall be permitted only if they have been approved by COAH.
A request for an amendment to the deed restriction and lien may be
made by the agency, Old Tappan or the developer.
(2)
Initial occupancy of a low- or moderate-income sales unit shall not be permitted prior to issuance of a certificate of occupancy in accordance with Subsection D(1) above.
(3)
A certificate of reoccupancy shall be required for
any occupancy of a low- or moderate-income sales unit resulting from
a resale and shall not issue such certificate unless there is a written
determination by the agency that the unit is to be controlled by the
deed restriction and mortgage lien prior to issuance of a certificate
of occupancy, regardless of whether the sellers had executed the deed
restriction and mortgage lien adopted by COAH upon acquisition of
the property. The agency shall make such determination within 10 days
of receipt of a proposed deed restriction and mortgage lien.
(4)
The certificate of reoccupancy shall not be required
in sales for which controls are allowed to expire or in which the
repayment option is being exercised pursuant to N.J.A.C. 5:93-9.4.
(5)
The mortgage lien and the deed restriction shall be
filed with the records office of Bergen County. The lien and deed
restriction shall be in the form adopted by COAH, unless amendments
have been approved by COAH, for a specific municipality.
(6)
The deed restriction, including the repayment clause,
and the mortgage lien shall have priority over all mortgages on the
property except for a first mortgage placed on the property by the
mortgagee prior to the expiration of resale controls.
E.
Option-to-buy sales units.
(1)
The deed restriction governing the deeds of low- and
moderate-income units shall include an option permitting purchase
of the affordable housing unit at the maximum allowable restricted
sales price at the time of the first nonexempt sale after controls
on affordability have been in effect on the unit for the period specified
in N.J.A.C. 5:93-9.2. The option to buy shall be available to the
municipality, the Department of Community Affairs, the agency, or
a qualified nonprofit as defined by COAH.
(2)
All deed restrictions governing low- and moderate-income
units shall require the owner to notify the agency and COAH by certified
mail of any intent to sell the unit 90 days prior to entering into
an agreement for the first nonexempt sale after controls have been
in effect on the housing unit for the period specified in N.J.A.C.
5:93-9.2.
(3)
Upon receipt of such notice, the option to buy the
unit at the maximum allowable restricted sales price or any mutually
agreeable sales price that does not exceed the maximum allowable sales
price shall be available for 90 days. The agency shall notify the
Department of Community Affairs, the agency, and COAH that the unit
is for sale. If the Borough exercises this option, it may enter into
a contract of sale. If the Borough fails to exercise this option within
90 days, the first of the other entities giving notice to the seller
of its initial purchase during the ninety-day period shall be entitled
to purchase the unit. If the option to purchase the unit at the maximum
allowable restricted sales price is not exercised by a written offer
to purchase the housing unit within 90 days of receipt of the intent
to sell, the owner may proceed to sell the housing unit (pursuant
to N.J.A.C. 5:93-9.8). If the owner does not sell the unit within
one year of the date of the delivery of notice of intent to sell,
the option to buy the unit shall be restored, and the owner shall
be required to submit a new notice of intent to sell 90 days prior
to any future proposed date of sale.
(4)
Any option to buy a housing unit at the maximum allowable
restricted sales price shall be exercised by certified mail and shall
be deemed exercised upon mailing.
F.
Municipal option; sales units.
(1)
If Old Tappan elects to purchase a low- or moderate-income
unit pursuant to N.J.A.C. 5:93-9.4, it may:
(a)
Convey or rent the housing unit to a low- or
moderate-income purchaser or tenant at a price or rent not to exceed
the maximum allowable restricted sales price or rent, provided that
the unit is controlled by a deed restriction in accordance with COAH
regulations or an alternative approved by COAH; or
(b)
Convey the unit at fair market value subject
to the following provisions:
[1]
If Old Tappan purchases low-income housing units,
it shall maintain them as low-income housing units.
[2]
If Old Tappan elects to purchase low- or moderate-income
housing units and convey them at a fair market value, it shall:
[a]
Notify COAH of any proposed sale
and sales price 90 days before closing;
[b]
Notify COAH of the price differential
as defined in N.J.A.C. 5:93-1.3; and
[c]
Deposit the price differential
in an interest-bearing housing trust fund devoted solely to the creation,
rehabilitation or maintenance of low- and moderate-income housing.
(2)
Money deposited in housing trust funds may not be
expended until Old Tappan submits and COAH approves a spending plan
in accordance with N.J.A.C. 5:93-5.1(c). Money deposited in housing
trust funds shall be subject to the restrictions, monitoring requirements
and penalties outlined in N.J.A.C. 5:93-8.15 through 17.
G.
State option; sales units. When the Department of
Community Affairs or agency elects to purchase a low- or moderate-income
unit pursuant to N.J.A.C. 5:93-9.4, it may:
(1)
Convey or rent the housing unit to a low- or moderate-income
purchaser or tenant at a price or rent not to exceed the allowable
restricted sales price or rental; or
(2)
Convey the unit at fair market value and utilize the
price differential to subsidize the construction, rehabilitation or
maintenance of low- and moderate-income housing within the appropriate
housing region.
H.
Nonprofit option; sales units.
(1)
Nonprofit agencies may apply to COAH at any time for
the right to purchase low- or moderate-income units subsequent to
the period of controls on affordability, provided that the unit remains
controlled by a deed restriction in accordance with COAH rules and
regulations, or an alternative approved by COAH.
(2)
Nonprofit agencies that have been designated by COAH
shall be eligible to purchase low- or moderate-income units pursuant
to N.J.A.C. 5:93-9.4 for the sole purpose of conveying or renting
the housing unit to a low- or moderate-income purchaser or tenant
at a price or rent not to exceed the allowable restricted sales price
or rental. Low-income units shall be made available to low-income
purchasers or tenants, and the housing unit shall be regulated by
the deed restriction and lien adopted by COAH, in accordance with
COAH rules and regulations. The term of the controls on affordability
shall be the same as those required by N.J.A.C. 5:93-9.2.
I.
Seller option; sales units.
(1)
An eligible seller of a low- or moderate-income unit
which has been controlled for the period established in N.J.A.C. 5:93-9.2
who has provided notice of an intent to sell may proceed with the
sale if no eligible entity as outlined in N.J.A.C. 5:93-9.4(c) and
9.7 exercises its option to purchase within 90 days.
(2)
Subject to N.J.A.C. 5:93-9.9, the seller may elect
to:
(a)
Sell to a qualified low- and moderate-income
household at a price not to exceed the maximum permitted sales price
in accordance with existing COAH rules, provided that the unit is
regulated by the deed restriction and lien adopted by COAH in accordance
with COAH rules and regulations, for a period of at least 20 years;
or
(b)
Exercise the repayment option and sell to any
purchaser at market price, provided that 95% of the price differential
is paid to the agency, as an instrument of the Borough, at closing.
(3)
If the sale will be to a qualified low- and moderate-income
household, the agency shall certify the income qualifications of the
purchaser and shall ensure the housing unit is regulated by the deed
restriction and lien required by COAH in accordance with COAH rules
and regulations.
(4)
The agency shall examine any contract of sale containing
a repayment option to determine if the proposed sales price bears
a reasonable relationship to the housing unit's fair market value.
In making this determination, the agency shall not approve any contract
of sale where there is a determination that the sales price does not
bear a reasonable relationship to a fair market value. The agency
shall make a determination within 20 days of receipt of the contract
of sale and shall calculate the repayment option payment.
(5)
The agency shall adopt an appeal procedure by which
a seller may submit written documentation requesting the agency to
recompute the repayment obligation if the seller believes an error
has been made, or to reconsider a determination that a sales price
does not bear a reasonable relationship to fair market value.
(6)
The repayment shall occur at the date of closing and
transfer of title for the first nonexempt transaction after the expiration
of controls on affordability.
(7)
Repayment proceeds shall be deposited in a housing
trust fund (see N.J.A.C. 5:93-8.14) and may be used as per N.J.A.C.
5:93-8.15. Money deposited in housing trust funds may not be expended
until the municipality submits and COAH approves a spending plan.
See N.J.A.C. 5:93-5.1(c).
J.
Old Tappan rejection of repayment option; sales units.
(1)
Old Tappan shall have the right to determine the most
desirable means of promoting an adequate supply of low- and moderate-income
housing and to prohibit the exercise of the repayment option and maintain
controls on lower income housing units sold within the municipality
beyond the period required by N.J.A.C. 5:93-9.2. Such determination
shall be made by resolution of the Old Tappan governing body and shall
be effective upon filing with COAH and the agency. The resolution
shall specify the time period for which the repayment option shall
not be applicable. During such period, no seller in Old Tappan may
utilize the repayment option permitted by N.J.A.C. 5:93-9.8.
(3)
The agency shall ensure that the deed restriction
on all affected housing units reflects the extended periods of controls.
K.
Continued application of options to create, rehabilitate
or maintain low- and moderate-income units; sales units. When a housing
unit has been maintained as a low- or moderate-income unit after controls
have been in effect for the period specified in N.J.A.C. 5:93-9.2,
the deed restriction governing the housing units shall allow the Borough,
the state, nonprofit agencies and sellers of low- and moderate-income
units to again exercise all the same options as provided in this section.
L.
Eligible capital improvements prior to the expiration
of controls; sales units.
(1)
Property owners of single-family, owner-occupied housing
may apply to the agency for permission to increase the maximum price
for eligible capital improvements. Eligible capital improvements shall
be those that render the unit suitable for a larger household. Property
owners shall apply to the agency if an increase in the maximum sales
price is sought.
(2)
At resale, all items of property which are permanently
affixed to the units and/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 of property may be sold to the purchaser
at a reasonable price that has been approved by the agency at the
time of signing the agreement to purchase. The purchase of central
air conditioning installed subsequent to the initial sale of the unit
and not included in the base price may be made a condition of the
unit resale, provided that the price has been approved by the agency.
Unless otherwise permitted by COAH, the purchase of any property other
than central air conditioning shall not be made a condition of the
unit resale. The owner and the purchaser must personally certify at
the time of closing that no unapproved transfer of funds for the purpose
of selling and receiving property has taken place at resale.
M.
Subsidy to ensure affordability prior to the expiration
of controls; sales units. If the use of median income data adopted
by COAH to index the cost of housing renders a unit unaffordable to
a low- or moderate-income household at the time of resale, Old Tappan
shall not lose credit for the housing unit, provided that adequate
controls on affordability remain in place, but Old Tappan may subsidize
the housing unit to maintain affordability.
N.
Impact of foreclosure on resale while controls are
in place; sales units. A judgment of foreclosure or a deed in lieu
of foreclosure to a financial institution regulated by state and/or
federal law or to a lender on the secondary mortgage market (including,
but not limited to, the Federal National Mortgage Association, the
Home Loan Mortgage Corporation, the Government National Mortgage Association
or an entity acting on their behalf) shall extinguish controls on
affordable housing units, provided that there is compliance with N.J.A.C.
5:93-9.14. Notice of foreclosure shall allow the agency, the Borough
of Old Tappan, the Department of Community Affairs, or a nonprofit
entity to purchase the affordable housing unit at the maximum permitted
sales price and maintain it as an affordable unit for the balance
of the intended period of controls. Failure to purchase the affordable
housing unit shall result in COAH adding that unit to the municipal
present and prospective fair share obligation. Failure of the financial
institution to provide notice of a foreclosure action to the agency
shall not impair any of the financial institution's rights to recoup
loan proceeds; shall not negate the extinguishment of controls or
the validity of the foreclosure; and shall create no cause of action
against the financial institution.
O.
Excess proceeds upon foreclosures; sales units. In
the event of a foreclosure sale, the owner of the affordable housing
unit shall be personally obligated to pay the agency responsible for
assuring affordability, any surplus funds, but only to the extent
that such surplus funds exceed the difference between the maximum
price permitted at the time of foreclosure and the amount necessary
to redeem the debt to the financial institution, including costs of
foreclosure.
P.
Annual indexed increases while controls are in place;
sales and rentals.
(1)
The price of an owner-occupied housing unit and the
rents of affordable housing units may increase annually based on the
percentage increase in the regional median income limit for each housing
region. In no event shall the maximum resale price established by
the agency be lower than the last recorded purchase price.
(2)
With the exception of rentals constructed pursuant
to low-income tax credit regulations, the rent of a low- or moderate-income
housing unit may be increased annually based on the percentage increase
in the Housing Consumer Price Index for the United States. This increase
shall not exceed 9% in any one year. Rents for units constructed pursuant
to low-income tax credit regulations shall be indexed pursuant to
the regulations governing low income tax credits.
Q.
Procedures for initial sales, resale prior to the
expiration of controls and rentals.
(1)
Low- and moderate-income sales units shall not be
offered to non-income-eligible households at initial sale without
COAH approval. Parties that petition COAH for such approval shall
document efforts to sell housing units to income-eligible households
and shall adhere to the procedures outlined in N.J.A.C. 5:91-12.
(2)
Persons wishing to sell affordable units shall notify
the agency responsible for assuring affordability of the intent to
sell. If no eligible buyer enters a contract of sale for the unit
within 90 days of notification, the agency shall have the option to
purchase the unit for a negotiated price that shall not exceed the
maximum price permitted based on the regional increase in the median
income as defined by HUD or other recognized standards adopted by
COAH. If the agency does not purchase the unit, the seller may apply
for permission to order the unit to a non-income-eligible household
at the maximum price permitted. The seller shall document efforts
to sell the unit to an income-eligible household as part of this application.
In reviewing the request, the agency shall consider the specific reasons
for any delay in selling the housing unit and the hardship to the
seller in continuing to offer the affordable unit to an income-eligible
applicant. The inability to sell a unit for the maximum permitted
resale price shall not, in itself, be considered an appropriate reason
for allowing a housing unit to be sold to a non-income-eligible household.
If the request is granted, the seller may offer a low-income housing
unit to a moderate-income household and a moderate-income housing
unit to a household earning in excess of 80% of median. In no case
shall the seller be permitted to receive more than the maximum price
permitted. In no case shall a sale pursuant to this section eliminate
the resale controls on the unit or permit any subsequent seller to
convey the unit in full compliance with the terms of this section.
(3)
Owners of low- and moderate-income rental units shall
not offer rental units to a non-income-eligible household without
prior approval of COAH. Parties that petition for such approval shall
document all efforts to rent to income-eligible households and demonstrate
to the satisfaction of COAH that alternatives, such as a reduction
in rent, are not feasible. Parties that petition COAH shall adhere
to the procedures outlined in N.J.A.C. 5:91-12.
R.
Affirmative marketing plan.
(1)
Purpose. The Borough has a fair-share obligation of
98 units of which 98 are new construction. This subsection will apply
to all planned residential developments that contain proposed low-
and moderate-income units. The affirmative marketing plan is a regional
marketing strategy designed to attract buyers and/or renters of all
majority and minority groups, regardless of sex, age or number of
children, to housing units which are being marketed by a developer/sponsor,
municipality and/or designated administrative agency of affordable
housing. The plan will address the requirements of N.J.A.C. 5:93-11.
In addition, the plan prohibits discrimination in the sale, rental,
financing or other services related to housing on the basis of race,
color, sex, religion, handicap, age, familial status/size or national
origin. The Borough is in the housing region consisting of Bergen,
Hudson, Passaic and Sussex Counties. The affirmative marketing program
is a continuing program.
(2)
Advertisement. All newspaper articles, announcements
and requests for applications for low- and moderate-income units will
appear in the following daily regional newspapers/publications: The
Record, The Star Ledger and Jersey Journal. The primary marketing
will take the form of at least one press release sent to the above
publications and a paid display advertisement in each of the above
newspapers. Additional advertising and publicity will be on an as-needed
basis. The advertisement will include a description of the street
address of units, general directions to housing units, the number
of bedrooms per unit, the range of prices/rents, the size of units,
income information, and location of applications including business
hours and where/how applications may be obtained. All newspaper articles,
announcements and requests for applications for low- and moderate-income
housing will appear in the following neighborhood-oriented weekly
newspaper within the region: Community Life.
(3)
Applications. The following is the location of applications,
brochure(s), sign(s) and/or poster(s) used as part of the affirmative
marketing program: the Borough Hall, the Borough Library and the developer's
sales office. Applications will be mailed to prospective applicants
upon request.
(4)
Other contacts. The following is a listing of community
contact person(s) and/or organization(s) in Bergen, Hudson, Passaic
and Sussex Counties that will aid in the affirmative marketing program
with particular emphasis on contacts that will reach out to groups
that are least likely to apply for housing within the region: Housing
Authority of Bergen County, Community Resource Council, Bergen County
Human Services, Urban League, Fair Housing Council and the Board of
Social Services.
(5)
Random selection. The following is a description of
the random selection method that will be used to select occupants
of low- and moderate-income housing: Certified households shall be
chosen at random for available units by lottery system administered
by the Affordable Housing Agency.
(6)
Affordable Housing Agency. The Affordable Housing
Agency shall administer the affirmative marketing program. The Affordable
Housing Agency has the responsibility to income-qualify low- and moderate-income
households; to place income-eligible households in low- and moderate-income
units upon initial occupancy; to provide for the initial occupancy
of low- and moderate-income units with income-qualified households;
to continue to qualify households for reoccupancy of units as they
become vacant during the period of affordability controls; to assist
with advertising and outreach to low- and moderate-income households;
to enforce the terms of the deed restriction and mortgage loan as
per N.J.A.C. 5:93-9.1; and to comply with monitoring and reporting
requirements as per N.J.A.C. 5:93-11.6 and 12.1.
(7)
Preference. Households who live or work in the COAH-established
housing region may be given preference for sales and rental units
constructed within that housing region. Applicants living outside
the housing region will have an equal opportunity for units after
regional applicants have been initially serviced. The Borough intends
to comply with N.J.A.C. 5:93-11.7.
(8)
Developer assistance. All developers of low- and moderate-income
housing units will be required to assist in the marketing of the affordable
units in their respective developments.
(9)
Duration of marketing program. The marketing program
will commence at least 120 days before the issuance of either temporary
or permanent certificates of occupancy. The marketing program will
continue until all low- and moderate-income housing units are initially
occupied and for as long as affordable units are deed restricted and
occupancy or reoccupancy of units continues to be necessary.
A.
Purpose and scope. The purpose of this section is
to provide standards that pertain to the creation of low- and moderate-income
housing units. The rules that follow shall pertain to all planned
residential developments. This section provides standards on the distribution
of low- and moderate-income units; bedroom distribution; and establishing
the rents and prices of low- and moderate-income units.
B.
Distribution of low- and moderate-income units.
C.
Bedroom distribution.
(1)
Planned residential developments shall be structured
in conjunction with realistic market demands so that:
(a)
The combination of efficiency and one-bedroom
units is at least 10% and no greater than 20% of the total low- and
moderate-income units;
(b)
At least 30% of all low- and moderate-income
units are two bedroom units; and
(c)
At least 20% of all low- and moderate-income
units are three bedroom units.
(2)
Low- and moderate-income units restricted to senior
citizens may utilize a modified bedroom distribution. At a minimum,
the number of bedrooms shall equal the number of senior citizen low-
and moderate-income units within the development. The standard can
be met by creating all one-bedroom units or by creating a two-bedroom
unit for each efficiency unit.
D.
Establishing rents and prices of units.
(1)
The following criteria, in conjunction with realistic
market information, shall be used in determining maximum rents and
sale prices:
(2)
Median income by household size shall be established
by a regional weighted average of the uncapped Section 8 income limits
published by HUD. The maximum average rent and price of low- and moderate-income
units within each planned residential development shall be affordable
to households earning 57.5% of median income. Moderate-income sales
units shall be available for at least three different prices, and
low-income sales units shall be available for at least two different
prices.
(3)
In averaging 57.5% under Subsection D(2) above, developers may establish one rent for a low-income unit and one rent for a moderate-income unit for each bedroom distribution.
(4)
Low- and moderate-income units shall utilize the same
heating source as market units within the planned residential development.
(5)
The initial price of a low- and moderate-income owner-occupied
single-family housing unit shall be established so that after a down
payment of 5%, the monthly principal, interest, homeowner and private
mortgage insurance, property taxes (property taxes shall be based
on the restricted value of low- and moderate-income units) and condominium
or homeowner fees do not exceed 28% of the eligible gross monthly
income. Master deeds of inclusionary developments shall regulate condominium
or homeowner association fees or special assessments of low- and moderate-income
purchasers at a specific percentage of those paid by market purchasers
calculated as follows: square footage of the subject low- or moderate-income
unit divided by the average square footage of market rate units within
the planned residential development with the identical number of bedrooms.
(6)
Gross rents, including an allowance for utilities, shall be established so as not to exceed 30% of the gross monthly income of the appropriate household size referenced in Subsection D(1) above. Those tenant-paid utilities that are included in the utility allowance shall be so stated in the lease. The allowance for utilities shall be consistent with the utility allowance approved by HUD for use in New Jersey.
(7)
Low-income housing units shall be reserved for households
with a gross household income less than or equal to 50% of the median
income approved by the Council on Affordable Housing. Moderate-income
housing units shall be reserved for households with a gross household
income less than 80% of the median income approved by the Council
on Affordable Housing. For example, a household earning 48% of median
income may be placed in any low-income unit; however, a household
earning 53% may not qualify for a low-income unit. A household earning
67% of median may be placed in any moderate-income housing unit. A
household earning less than 50% of median may be placed in a moderate-income
housing unit. Low- and moderate-income units shall not be offered
to households that are not income-eligible without approval of the
Council on Affordable Housing.
A.
In any planned residential development and senior citizen housing development, all off-street parking and loading facilities shall comply with the provisions of Chapter 218, Subdivision of Land, of this Code.
B.
Any such planned residential development and senior
citizen housing development shall also comply with the following requirements
with respect to streets, utilities, environmental standards and staging
of development:
(1)
Streets.
(a)
The right-of-way and pavement widths of all
internal streets, roads and vehicular traveled ways shall be determined
by the Planning Board based upon sound planning and engineering standards
in conformity with the estimated needs of the fully proposed development
and the traffic to be generated thereby. They shall be adequate in
size, loading and design to accommodate the maximum traffic, parking
and loading needs and access for fire-fighting, police and other emergency
vehicles.
(b)
All private residential roads and streets shall
contain a minimum pavement width of 30 feet.
(c)
All streets and roads, whether dedicated or
privately owned and maintained, or any combination thereof, shall
comply with all Borough ordinances as well as the laws of the State
of New Jersey with regard to construction and safety.
(d)
Where an Official Map or Master Plan, or both,
have been adopted, the proposed street system shall conform to the
proposals and conditions shown thereon except as may be modified by
the Planning Board or governing body, as provided by law.
(2)
Utility improvements.
(a)
Every planned residential development and senior
citizen housing development shall be serviced by a centralized water
and sanitary sewer system as defined herein.
(b)
All utility improvements, including storm drainage
systems, sanitary sewage collection and disposal, garbage collection
and recycling, and water supply systems, shall be in accordance with
standards and procedures as established by local, county and state
regulations. Such improvements shall be subject to review and approval
by the Borough Engineer and the Board of Health, as well as appropriate
county and state agencies. Water supply facilities shall be subject
to review and approval by the Borough Engineer and Fire Department.
(3)
Electric, gas and telephone service. Electric, gas
and telephone service lines shall be installed by the developer in
concert with the appropriate public utilities providing such service.
All such utility lines shall be installed underground.
(4)
Street improvements. Monuments, street names, traffic
control devices, shade trees, streetlights, sidewalks, curbs, fire
hydrants and all aspects of street construction, as well as other
improvements, shall comply with all applicable provisions of the Code
of the Borough of Old Tappan and shall meet with the approval of the
Borough Engineer.
(5)
Environmental standards. Any planned residential development
and senior citizen housing development shall comply with all environmental
standards as provided herein and all other provisions of the Code
of the Borough of Old Tappan. Any new building or structure to be
erected, any existing building or structure to be moved, enlarged,
altered or added to and any land within such planned residential development
and senior citizen housing development shall also comply with the
following requirements:
(a)
There shall be no increase in the rate of runoff
of any adjoining or nearby stream or watercourse. Zero percent increase
in runoff shall be maintained for the site in consideration of a one-hundred-year
storm.
(b)
All principal buildings shall be set back a
minimum of 30 feet from the one-hundred-year flood line of any stream
or watercourse. All stream and watercourse corridors within this thirty-foot
distance shall remain in their natural state, except where necessary
to provide utility easements or connecting roadways. The Planning
Board shall, in addition, require the applicant to dedicate to the
public an easement of not less than 10 feet along each side or edge
of such body of water.
(c)
No portion of the sanitary sewer system servicing
the development may be located within 100 feet of any groundwater
source in any area of fractured bedrock.
(d)
No portion or feature of any planned residential
development and senior citizen housing development shall impede any
existing waterways or streams or substantially alter the hydrology
of the area.
(e)
In any planned residential development and senior
citizen housing development, no structure shall be permitted in any
area of the development having a topographic slope of 15% or greater,
after final grading.
(6)
Comprehensive plan. As part of any application for a planned residential development as a conditional use, the applicant shall submit a comprehensive plan for the development of all property under the applicant's ownership and control and as to which the proposed planned residential development is a part. Such comprehensive plan shall comply with all applicable provisions of Chapter 218, Subdivision of Land, and this chapter of the Code, and all other applicable county and state regulations.
(7)
Required construction of low- and moderate-income
units. Upon approval by the Planning Board of a planned residential
development and senior citizen housing development, an appropriate
developer's agreement shall be entered into among the applicant, the
Planning Board and the Borough, by which the applicant shall be required
to construct the low- and moderate-income housing units proposed for
the development, regardless of the sale or ownership of any or all
of the marketplace residential units or rental housing units provided
in senior citizen housing. This obligation shall be binding upon the
applicant's heirs, successors and assigns.
(8)
Staging. As permitted by N.J.S.A. 40:55D-39c(6), any
planned residential development may be developed in stages. No proposed
sequence of stages submitted by the applicant shall be approved unless
the Planning Board finds and determines as follows:
(a)
That each stage is substantially self-functioning
and self-sustaining with regard to access, utility services, parking,
open space and other similar physical features and that such stage
can be separately occupied, operated and maintained upon completion
of construction and development.
(b)
That each stage is properly related to every
other segment of the planned residential development and to the community
as a whole and to all necessary community services which are available
or which may be needed to serve the development in the future.
(c)
That adequate protection will be provided to
ensure the proper disposition of each stage through the use of maintenance
and performance guarantees, covenants and other formal agreements.
(d)
That the landowner will provide a balanced distribution
for development in each stage. Such disposition shall be judged on
the basis of the level of improvement costs, physical planning and
coordination required and other relationships which may be necessary
to undertake each stage or segment.
One-family dwellings in a planned residential
development shall not be conveyed outside of the common ownership
scheme of the planned residential development. Deeds conveying one-family
dwellings in a planned residential development shall contain provisions
satisfactory to and approved by the Borough Attorney requiring the
transferee to be responsible for its share of the common elements
of the planned residential development. One-family dwellings with
deeds containing provisions approved as hereinabove, when subsequently
conveyed, shall be conveyed by deed containing the identical approved
provisions regarding responsibility for common elements. The responsibility
for common elements shall be described in detail in the master deed
for the planned residential development, which master deed shall be
filed with the Borough.