This chapter shall be known and may be cited as the "Zoning
Ordinance of the Borough of Carlstadt."
The purpose of this chapter is to establish a pattern for the
use of land and buildings in the Borough of Carlstadt based on the
Master Plan for the Borough and to establish zoning districts and
regulations to promote the health, safety, morals and general welfare
of the community; lessen congestion in the streets; secure safety
from fire, panic and other dangers; prevent the overcrowding of land
and avoid undue concentration of population; facilitate adequate provisions
for transportation, water, sewerage, schools, parks and other public
requirements; conserve the value of buildings and encourage the most
appropriate use of land throughout the Borough; provide for public
health, comfort and general welfare in living and working conditions;
regulate and restrict the location of trades and industries and the
location of buildings designed for specified uses; regulate and limit
the height and bulk of buildings hereafter erected; and to regulate
and determine the size of yards, courts and other open spaces for
buildings hereafter erected.
The provisions and requirements of this chapter shall be held
paramount to any corresponding or similar but less restrictive provisions
of any existing law, ordinance, rule or regulation.
BASEMENT
A portion of a structure, partly below the finished grade,
which has more than half of its floor to ceiling height above the
proposed finished grade adjoining any of the foundation walls of the
structure. A basement shall be considered as the first story of a
structure.
BLOCK
The frontage on one side of the street, either between two
intersecting streets, between two intercepting streets or between
an intersecting and an intercepting street.
BUILDING
Each of the independent units with separate entrance into
which the structure is divided by party walls. The term "building"
shall also include "structure."
BUILDING, ACCESSORY
A separate building or other structure which is subordinate
and accessory to a main building on the same lot.
BUILDING AREA
The maximum area of a building and its accessories projected
on a horizontal plane.
BUILDING COVERAGE
The ratio of the lot area which lies within the outside lines
of the exterior walls (whether directly over the foundation or cantilevered)
of all buildings on the lot to the total area of the lot, expressed
as a percentage.
BUILDING HEIGHT
In the case of a dwelling, the vertical distance of any facade
(front, side or rear) of a structure as measured from the elevation
of the lowest floor area of the building or structure to the highest
point of the roof. No facade or a structure may exceed the permitted
height of the zone in which it is located without first obtaining
the necessary variance approval.
BUILDING LINE
The line of the face of the building nearest the front line
of a lot. This face includes cantilevered sections of the buildings
and covered porches, whether enclosed or unenclosed, but does not
include steps. All yard requirements shall be measured to the building
line.
CANTILEVER
A portion of a structure, such as a beam, that is supported
at one end and carries a load at the other end or along its length,
that projects beyond a lower wall of a structure. When present, constitutes
the face of the structure or building line.
CELLAR
A portion of a structure partly or completely below the proposed
finished grade, which has less than half of its floor to ceiling height
above the proposed finished grade adjoining any of the foundation
walls of the structure. A cellar shall not be used for business or
dwelling purposes.
COURT HEIGHT or YARD HEIGHT
The vertical distance between the lowest level of such court
or yard to the highest point of any bounding wall. Where there is
a gable or mansard, the height shall be measured to the average height
of such gable or mansard, provided the combined width of all dormers
in the roof shall not exceed 30% of the length of the building on
the court or yard. In case the combined width of all dormers exceeds
30% of the building on the court or yard, the height shall be measured
to the eaves of the highest dormer. In any given case, the height
of the court or yard shall be measured to the eaves, gable or mansard
giving it the maximum height.
COURT, INNER
An open, unoccupied space on the same lot with a building,
not extending to either the street or the rear yard.
COURT, OUTER
An open, unoccupied space on the same lot with a building,
extending to either the street or the rear yard.
COURT, OUTER, LENGTH
The horizontal distance between the end opening on a street
or a rear yard and the end opposite such street or rear yard.
CURB LEVEL
The permanently established grade of the street line in front
of the lot. Where the lot level is higher than the curb level, the
average level of the former along the wall in question may be taken
as the base for measuring the height of a side yard, inner court or
outer court. Where a lot fronts upon two or more streets of different
levels, the curb level of the higher street may be taken as the base
for measuring the height of open spaces and buildings to a distance
100 feet back from the street with the higher curb level.
FAMILY
Any number of individuals living privately together as a
single dwelling unit and using certain rooms and cooking facilities
in common.
FINISHED ELEVATION
The proposed elevation of the land surface of a site after
completion of the site preparation work; the finished grade.
FLOOR AREA
For purposes of calculating minimum floor area requirements,
shall mean the area of all floors computed by measuring the dimensions
of the outside walls in a building, excluding attic and cellar floors,
porches, patios, terraces or breezeways, and carports, verandas and
separate and detached garages.
FLOOR AREA RATIO (FAR)
The sum of the area of all floors of buildings or structures
as compared to the total area of the lot or site.
GARAGE
An enclosed area, either constructed as part of a dwelling
unit (attached) or separately from such a dwelling (separate), and
located on the same lot as the dwelling, the purpose of which is the
storage of vehicles. If such a garage, whether attached or separate,
is accessory to a residential dwelling and used by the residents of
the dwelling, then it is a private garage. Any garage not a private
garage is a public garage and is not permitted in a residential area.
No private attached garage shall be permitted to have a door located
more than 15 inches higher or 15 inches lower than the topographical
elevation of the street at the curb directly in front of the garage
door, notwithstanding the location of the curb cut. Garages in two-family
residential structures shall be prohibited from having access doors
located in the front (or side if on a corner lot) of a principal structure
facing the street. The minimum square footage shall not be less than
625 square feet. No separate garage shall have a height of more than
14 feet from the floor to the top of the roof.
GARAGE PRIVATE
An accessory building in which no business, commercial service
or industry is carried on.
IMPERVIOUS SURFACE
Any material that prevents the full or partial absorption
of stormwater into the ground.
LOT
A parcel of land, the location, dimensions and boundaries
of which are determined by the latest official records of the board
of assessors, occupied or intended to be occupied by one building
or one unit group of buildings and its accessory buildings and uses,
and including such open spaces as are provided or as required by this
chapter. The word "lot" shall also include "plot."
LOT, CORNER
A parcel of land, not over 50 feet in width and not over
100 feet in depth, at the junction of and fronting on two intersecting
streets. Insofar as the size of a parcel located at the junction of
and fronting on two intersecting streets is in excess of these dimensions,
its excess area shall be treated the same as an interior lot.
LOT, DEPTH
The mean distance from the street line of the lot, measured
in the general direction of the side lines of the lot.
LOWEST FLOOR AREA
That portion of the foundation that lays upon the ground
at finished elevation.
MULTI-FAMILY
A structure for three or four families living in separate
dwelling units independently of each other.
NIGHTCLUB
Any indoor commercial establishment at which alcoholic beverages
are sold or consumed and that is determined, at any time and for such
period of time to be a nightclub by application of the factors set
forth in this definition. If an indoor commercial establishment could
reasonably be classified as either a nightclub or some different use,
it shall be deemed a "nightclub" for purposes of this Code. In determining
whether an establishment is a nightclub, the following factors shall
be considered:
(a)
If either one of the following factors are satisfied, then the
establishment is a "nightclub";
1.
The establishment charges a cover charge, door charge, required
contribution, or a membership fee which is paid at the door or otherwise;
or
2.
The establishment has a minimum alcoholic drink purchase requirement.
(b)
If neither of the factors listed in Paragraph (a) above are
present, then if any two of the following factors are satisfied, the
establishment is a "nightclub":
1.
There is a dance floor or other open area used by patrons for
dancing or for viewing of live entertainment (such dance floor or
open space may be established by the removal or rearrangement of furniture
or tables);
2.
The hours of operations during which the establishment is open
to the public includes time between 10:00 p.m. and 8:00 a.m. on any
day of the week;
3.
The maximum capacity of the establishment, as set by the Building
and Fire Officials through fire, building, structure, and other relevant
regulatory considerations, is over 200 persons. The fact that the
establishment may restrict its capacity to some number shall not prevent
the Building Official from applying code provisions that determine
a different and increased capacity. The building and Fire Officials
may use various codes for this purpose (e.g., fire code provisions);
4.
Advertisements for the establishment routinely describe specific
entertainment events or engagements (e.g. "House Party Saturday Night";
"DJ Thursday night"; "Rock Band tonight"); or
5.
The establishment features a platform or musical staging area
used in connection with performances or entertainment.
OCCUPIED
Includes the term "designed or intended to be occupied."
PROFESSIONAL OFFICES
Offices of an architect, engineer, attorney, dentist, medical
doctor, member of the clergy, accountant or any other established
recognized profession.
SIGN
Every sign, billboard, ground sign, wall sign, roof sign,
illuminated sign, projecting sign, temporary sign, marquee, awning,
canopy and street clock and including any announcement, declaration,
demonstration, painting, display illustration or insignia used to
advertise or promote the interests of any person when the same is
placed out of doors in view of the general public.
STORE, DISCOUNT
A variety store where merchandise is represented to be sold
at prices less than generally charged for comparable merchandise.
STORE, VARIETY
A store used for the retail sale of merchandise and not principally
for the sale of foods.
STORY
That portion of a building between the surface of any floor
and the surface of the floor above it or, if there is no floor above
it. then the space between the surface of the floor and the ceiling
above it.
STORY, FIRST
The lowest story or the ground story of any structure, the
floor of which shall not be more than 48 inches below the proposed
finished grade at any exterior wall of the structure. Any private
garage that has a floor less than 48 inches below the proposed finished
grade of any exterior wall of the structure shall be considered the
first story. In considering the status of any garage, the definitions
of "basement," "cellar" and "garage" shall be consulted.
STORY, HALF
A partial story under a gable, hip or gambrel roof, the wall
plates of which, on at least two opposite exterior walls, are at least
three feet above the floor of such story.
STREET LINE
The dividing line between the street and the lot.
USED
Includes the term "arranged, designed or intended to be used."
YARD, FRONT
An open, unoccupied space on the same lot with a building,
situated between the front building line and the street line of the
lot.
YARD, REAR
An open, unoccupied space on the same lot with a building,
between the rear building line and the rear line of the lot.
YARD, SIDE
An open, unoccupied space on the same lot with a building,
situated between the side building line and the side line of the lot
and extending through from the street to the rear yard, or where no
rear yard is required, the rear line of the lot.
No building hereafter erected or altered shall be erected or
altered to exceed the height or to accommodate or house a greater
number of families or to occupy a greater percentage of the lot area
or to have narrower or smaller front yards, rear yards, side yards,
inner or outer courts or to be situated on a smaller or narrower lot
than is laid down in the "Schedule Limiting Height and Bulk of Buildings"
for the zone in which such building may be located. This schedule
accompanies these regulations and is hereby declared to be a part
thereof.
[Amended 6-1-2022 by Ord. No. 22-5]
a. Purpose.
The Borough of Carlstadt is a fully developed community with no vacant
land available for the development of affordable housing. A vacant
land adjustment has been approved by the court. It is the Borough's
desire to address its unmet housing need using overlay zones. Overlay
zones provide an appropriate and realistic mechanism to promote the
creation of affordable housing when vacant properties are developed,
or existing developed sites are redeveloped.
b. Conflict in requirements. The requirements of the zoning provisions of Chapter
XXI apply to the AHO-1, AHO-1A, and AHO-2 Overlay Zones except where those requirements conflict with this section. In the event of such a conflict, the terms of this Section 21-22 shall prevail.
c. Zones.
The Affordable Housing Overlay Zone 1 (AHO-1) is located on all properties
in the Residential District and the Mixed Commercial District. The
Affordable Housing Overlay Zone A (AHO-1A) is located on all properties
fronting on Hoboken Road between Washington Street and Garden Street.
The Affordable Housing Overlay Zone 2 (AHO-2) is located on all properties
in the Light Industrial District.
d. Permitted
uses. The following uses are permitted and must include at least a
20% affordable housing set-aside in accordance with this Section 21-29:
e.
Development standards.
1. The following
bulk standards are applicable within the Affordable Housing Overlay
Zones:
Standard
|
AHO-1
|
AHO-1A
|
AHO-2
|
---|
Minimum lot size
|
20,000 square feet
|
10,000 square feet
|
20,000 square feet
|
Maximum density
|
25 units per acre
|
35 units per acre
|
34 units per acre
|
Front yard setback
|
20 feet
|
20 feet
|
20 feet
|
Side yard setback
|
10 feet each
|
10 feet each
|
10 feet each
|
Rear yard setback
|
30 feet
|
30 feet
|
30 feet
|
Minimum open space
|
30%
|
30%
|
30%
|
Maximum impervious surface coverage
|
70%
|
If the lot size is equal to or greater than 11,100 square feet,
then 70%; if lot size is less than 11,100 square feet, then this section
is not applicable.
|
70%
|
Minimum permeable surface coverage
|
n/a
|
25%
|
n/a
|
Maximum building height
|
35 feet/3 stories
|
35 feet/3 stories
|
40 feet/4 stories
|
2. Notwithstanding Subsection a, in the AHO-1A Zone:
(a) Where the average prevailing setback of existing adjacent structures
is less than 20 feet, the setback shall be reduced to the average
setback line observed by buildings on the same side of the street
between two intersecting streets.
(b) Where the height of the principal building on an adjacent lot (an
"adjacent principal building") exceeds 35 feet, then the maximum height
of the principal building on the subject lot shall be increased to
the height of the adjacent principal building but not more than 40
feet.
3. Areas that can be counted toward the minimum permeable surface coverage
include the following:
(a) Vegetative landscape, such as grass, trees, and shrubs.
(b) Permeable paving, properly installed, which must include porous aboveground
materials (such as open pavers or engineered products) and a six-inch
porous subbase and a base layer designed to ensure proper drainage
away from the structure(s).
f. Parking.
The following parking requirements apply to both the AHO-1 and AHO-2
Overlay Zones:
1. Parking space size and number requirements shall be in compliance
with the New Jersey Residential Site Improvement Standards (RSIS).
2. No parking shall be permitted in the front yard.
3. Underground/under-building and structured parking shall be permitted.
4. Parking shall be permitted in the side and rear yards only. All parking
must be located 10 feet from any side yard property line and five
feet from any rear yard property line.
5. All perimeter areas surrounding a parking lot must be densely landscaped
with year-round screening materials, including but not limited to
evergreen shrubs.
[Added 10-7-2020 by Ord. No. 20-6; amended3-3-2021 by Ord. No. 21-3]
This section is applicable to lands within the Borough of Carlstadt
that are located within the jurisdictional boundary of the Hackensack
Meadowlands District.
21-24.1. The Hackensack Meadowlands Agency Consolidation Act, at N.J.S.A.
5:10A-1 et seq., the Act (the Act) provides at Section 11(a) that
"A constituent municipality that adopts and maintains the commission's
master plan, zoning regulations, codes, and standards shall review
and approve or reject applications for the development, improvement,
redevelopment, construction, or reconstruction on land in the district.
. ., upon the commission's determination that the master plan,
zoning regulations, codes and standards adopted by the constituent
municipality conform in all material respects to those of the commission."
Accordingly, the Borough of Carlstadt hereby adopts and maintains
the NJSEA's master plan, zoning regulations, codes, and standards
and that, further, the following documents are incorporated by reference
and deemed to be part of this section:
a. Hackensack Meadowlands District Master Plan Update 2020, adopted
February 2020.
b. NJMC District Zoning Regulations, N.J.A.C. 19:4.
c. NJMC Subdivision Regulations, N.J.A.C. 19:5.
d. NJMC Building Code, N.J.A.C. 19:6.
e. NJMC District Transportation Plan Rules, N.J.A.C. 19:7.
f. Hackensack Meadowlands District Official Zoning Map.
g. Interim Policies Governing Affordable Housing Development in the
Meadowlands District effective July 24, 2008, last revised July 27,
2011.
h. Redevelopment plans: Paterson Plank Road Redevelopment Plan amended
December 19, 2012.
i. Pallet racking installation requirements.
j. Landscape and open space design guidelines.
l. Recommended plant list (including native plants).
m. Guideline on invasive plants.
21-24.2. The Borough of Carlstadt shall adopt, maintain, and abide by all
the applicable rules within the Hackensack Meadowlands District, inclusive
of the aforementioned documents listed in Section 21-24.1, as amended
and supplemented, in the course of any and all land use and zoning
application reviews for properties located in the District. The requirements
of Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are not applicable
within the portion of the Borough of Carlstadt within the Hackensack
Meadowlands District, and as per N.J.A.C. 19:4-2.1(e), no process,
procedure, decision, or other action required or occurring pursuant
to the District zoning regulations shall necessarily be interpreted
to operate in the same manner set forth in the Municipal Land Use
Law (MLUL), N.J.S.A. 40:55D-1 et seq.
21-24.3. In the interest of continuity of review, all applications shall be
first submitted to the NJSEA, and the NJSEA shall within three business
days of receipt forward a complete copy of the application to the
Borough of Carlstadt.
21-24.4. The Borough of Carlstadt acknowledges that the NJSEA shall continue
to perform the following reviews:
a. Determination of any project which requires a use variance or special
exception, in accordance with Section 11d. of the Act, which shall
be evaluated within five business days of receipt, if possible. The
review, and subsequent approval or rejection, of any project which
requires a use variance or special exception shall be retained by
the NJSEA;
b. Calculation of Transportation Mitigation Assessment (TMAN), as required
by the Hackensack Meadowlands Transportation Planning District Act
of 2015, N.J.S.A. 5:10A-69 et seq. (the TPD Act);
c. Determination of best available flood hazard data elevation, as required
by FEMA's National Flood Insurance Program (NFIP) Community Rating
System (CRS);
d. Administration of floodplain management regulations/floodproofing,
as required by FEMA's NFIP CRS;
e. Evaluation of the state's riparian interest, as required by
N.J.S.A. 13:1B-13.8 regarding the New Jersey Department of Environmental
Protection Bureau of Tidelands;
f. Evaluation of development's conformance with the New Jersey
Coastal Zone Management Program, as required by N.J.A.C. 7:7-9.43;
and
g. Conformance with the interim policies governing Interim Policies
Governing Affordable Housing Development in the Meadowlands District.
21-24.5. The Borough of Carlstadt shall provide the NJSEA with "all documentation,
plans, and information regarding all applications," inclusive of copies
of all letters, permits and approvals issued, as required by Section
11a. of the Act.
21-24.6. If a TMAN is determined by the NJSEA to be required, the Borough
of Carlstadt agrees to refrain from issuance of any approval until
such time that the TMAN is paid to the NJSEA or the appropriate agreement
with the NJSEA for future payments is signed and filed in the County
Registrar's office.
21-24.7. Thirty percent of any TMAN funds collected in accordance with the
TPD Act for any project in the Borough of Carlstadt shall be used
for transportation related projects within the Borough of Carlstadt
as required by Section 74k of the TPD Act.
21-24.8. The Borough of Carlstadt acknowledges that the NJSEA shall independently
enforce the Hackensack Meadowlands Transportation Planning District
Act of 2015, if an approval is issued by the Borough of Carlstadt
prior to the payment of the TMAN to the NJSEA.
21-24.9. In adopting the district zoning regulations, the NJSEA fee schedule
shall govern. No additional fees may be charged to district applicants.
The Borough of Carlstadt shall retain all fees generated by the applications
handled by the municipality in accordance with the fee schedule set
forth in N.J.A.C. 19:4-11.
21-24.10. The Borough of Carlstadt shall provide all necessary information
to and cooperate with the NJSEA to ensure the continuity of the FEMA
NFIP CRS program for the benefit of the constituent property owners
within the Borough of Carlstadt as well as within the Hackensack Meadowlands
District, including, but not limited to, the following:
a. As-built plans for completed building and/or addition construction
prior to the issuance of any temporary or final certificate of completion
and/or occupancy approval or certificate of occupancy. The Borough
shall not issue any temporary or final certificate of completion and/or
occupancy approval or certificate of occupancy until the applicant
has first obtained a FEMA NFIP elevation certificate that has been
signed by the NJSEA.
b. A link on the municipal website, listing the NJSEA as the floodplain
administrator for all district properties and directing inquiries
to the NJSEA;
c. The records for all construction, maintenance and inspections regarding
drainage structures located within the district portion of the municipality.
21-24.11. The Borough of Carlstadt hereby agrees that, as the NJSEA is the
floodplain administrator for the FEMA NFIP CRS program and is responsible
for enforcement of the Floodplain Management regulations at N.J.A.C.
19:4-9.1 et seq., all applications involving a request for a variance
from the NJSEA's required finished floor elevation shall be submitted
to the NJSEA for review and approval or rejection.
21-24.12. To the extent that the New Jersey Administrative Code regulations
permit an appeal to the Executive Director of the NJMC (by way of
example, but not by way of limitation, N.J.A.C. 19:4-4.19), said appeal
shall be made to the Zoning Code Official of the Borough of Carlstadt.
21-24.13. To the extent that the New Jersey Administrative Code regulations
permit the Executive Director of the New Jersey Meadowlands Commission
to waive or reduce any application fee (by way of example, but not
by way of limitation, N.J.A.C. 19:411.1), said request for a waiver
or reduction of the application fee shall be made to the Zoning Code
Official of the Borough Carlstadt.
21-24.14. This section is limited to that portion of the Borough of Carlstadt
within the Hackensack Meadowland District, as delineated on the Hackensack
Meadowlands District Official Zoning Map. For the remaining portion
of the Borough of Carlstadt, which is outside of the Hackensack Meadowlands
District boundaries, all existing development regulations shall remain
in full force and effect.
21-24.15. If any section, paragraph, subdivision, clause or provision of this
section shall be adjudged invalid, such adjudication shall apply only
to that section, paragraph, subdivision, clause or provision so adjudged
and the remainder of this section shall be deemed to be valid and
effective.
21-24.16. This section is hereby referred to the Borough of Carlstadt Planning
Board, pursuant to N.J.S.A. 40:55D-64 for a report, if any, pursuant
to N.J.S.A. 40:55D-26(a).
21-24.17. Should the Borough of Carlstadt Planning Board fail to transmit said
report within the required thirty-five-day period provided for in
said statute, then the governing body shall be relieved from the requirements
of N.J.S.A. 40:55D-26.
The fees for applications and costs shall be as set forth in
section 4-9 of this revision.
[Added 6-1-2022 by Ord. No. 22-5]
21-29.1. Affordable
Housing Obligation.
a. This section is intended to assure that very-low-, low- and moderate-income
units ("affordable units") are created with controls on affordability
over time and that low- and moderate-income households shall occupy
these units. This section shall apply except where inconsistent with
applicable law.
b. The Borough of Carlstadt Planning Board has adopted a Housing Element
and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A.
40:55D-1 et seq. The Fair Share Plan has been endorsed by the governing
body. The Fair Share Plan describes the ways Borough of Carlstadt
shall address its fair share for low- and moderate-income housing
as determined by the Department of Community Affairs (the Department)
and documented in the Housing Element.
c. This section implements and incorporates the Fair Share Plan and
addresses the requirements of N.J.A.C. 5:97, as may be amended and
supplemented.
d. The Borough shall file monitoring and status reports with Fair Share
Housing Center ("FSHC") and place the reports on its municipal website.
Any plan evaluation report of the Housing Element and Fair Share Plan
and monitoring evaluation report prepared by the Special Master in
accordance with N.J.A.C. 5:91 shall be available to the public at
the Carlstadt Municipal Building.
e. On or about August 20 of each year through the end of the period
of Third Round Judgment of Repose, the Borough will provide annual
reporting of the status of all affordable housing activity within
the municipality through posting on the municipal website with a copy
of such posting provided to all parties to the Borough's Court-approved
Settlement Agreements, using forms previously developed for this purpose
by the Council on Affordable Housing or any other forms endorsed by
the Special Master and FSHC.
1. By July 1, 2020, the Borough must prepare a midpoint realistic opportunity
review, as required pursuant to N.J.S.A. 52:27D-313, which the Borough
will post on its municipal website, with a copy provided to FSHC,
a status report as to its implementation of its plan and an analysis
of whether any unbuilt sites or unfulfilled mechanisms continue to
present a realistic opportunity. Such posting shall invite any interested
party to submit comments to the municipality, with a copy to FSHC,
regarding whether any sites no longer present a realistic opportunity
and should be replaced and whether any mechanisms to meet unmet need
should be revised or supplemented. Any interested party may by motion
request a hearing before the Court regarding these issues. In the
event the Court determines that a site or mechanism no longer presents
a realistic opportunity and should be replaced or supplemented, then
the municipality shall have the opportunity to supplement or revise
its plan to correct any deficiency.
2. Within 30 days of the third anniversary of the Borough's Settlement
Agreement with Fair Share Housing Center and every third year thereafter,
the Borough shall prepare a review of compliance with the very-low-income
housing requirements required by N.J.S.A. 52:27D-329.1 and its Court-approved
Settlement Agreement with FSHC. The Borough will post on its municipal
website, with a copy provided to FSHC, a status report as to its satisfaction
of its very-low-income requirements, including the family very-low-income
requirements referenced herein and in the Borough's Settlement
Agreement with FSHC. Such posting shall invite any interested party
to submit comments to the municipality and FSHC on the issue of whether
the municipality has complied with its very-low-income housing obligation.
21-29.2. Definitions.
As used in this section, the following terms shall have the meanings
indicated:
ACT
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.).
ADAPTABLE
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
ADMINISTRATIVE AGENT
The entity designated by the Borough to administer affordable
units in accordance with this section, N.J.A.C. 5:80-26, and N.J.A.C.
5:96.
AFFIRMATIVE MARKETING
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
AFFORDABILITY AVERAGE
The average percentage of median income at which new restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
AFFORDABLE
A sales price or rent level that is within the means of a
very-low-income household as defined as households earning 30% or
less of the regional median income by household size, low- or moderate-income
household as defined within N.J.A.C. 5:93-7.4, and, in the case of
an ownership unit, that the sales price for the unit conforms to the
standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented,
and, in the case of a rental unit, that the rent for the unit conforms
to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended
and supplemented.
AFFORDABLE HOUSING PROGRAM(S)
Any mechanism in a municipal Housing Element and Fair Share
Plan prepared or implemented to address a municipality's fair
share obligation.
AFFORDABLE UNIT
A housing unit proposed or created pursuant to the Act and
approved for crediting by the Court and/or funded through an Affordable
Housing Trust Fund.
AGE-RESTRICTED UNIT
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that: 1) all the residents of the development wherein the unit
is situated are 62 years of age or older; or 2) at least 80% of the
units are occupied by one person who is 55 years of age or older;
or 3) the development has been designated by the Secretary of the
U.S. Department of Housing and Urban Development as "housing for older
persons" as defined in Section 807(b)(2) of the Fair Housing Act,
42 U.S.C. § 3607.
AGENCY
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
ALTERNATIVE LIVING ARRANGEMENT
A structure in which households live in distinct bedrooms,
yet share kitchen and plumbing facilities, central heat and common
areas. Alternative living arrangements include, but are not limited
to, transitional facilities for the homeless; Class A, B, C, D and
E boarding homes as regulated by the State of New Jersey Department
of Community Affairs; residential health care facilities as regulated
by the New Jersey Department of Health; group homes for the developmentally
disabled and mentally ill as licensed and/or regulated by the New
Jersey Department of Human Services; and congregate living arrangements.
ASSISTED LIVING RESIDENCE
A facility that is licensed by the New Jersey Department
of Health and Senior Services to provide apartment-style housing and
congregate dining and to assure that assisted living services are
available when needed for four or more adult persons unrelated to
the proprietor and that offers units containing, at a minimum, one
unfurnished room, a private bathroom, a kitchenette and a lockable
door on the unit entrance.
CERTIFIED HOUSEHOLD
A household that has been certified by an administrative
agent as a very-low-income household, low-income household or moderate-income
household.
DCA
The State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT
A housing unit with health and safety code violations that
requires the repair or replacement of a major system. A major system
includes weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint
abatement and/or load-bearing structural systems.
DEVELOPMENT
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
INCLUSIONARY DEVELOPMENT
A development containing both affordable units and market
rate units. This term includes, but is not limited to, new construction,
the conversion of a nonresidential structure to residential use and
the creation of new affordable units through the gut rehabilitation
or reconstruction of a vacant residential structure.
LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal
to 50% or less of the regional median household income by household
size.
LOW-INCOME UNIT
A restricted unit that is affordable to a low-income household.
MAJOR SYSTEM
The primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building which
include, but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement and load-bearing structural
systems.
MARKET-RATE UNITS
Housing not restricted to very-low-, low- and moderate-income
households that may sell or rent at any price.
MEDIAN INCOME
The median income by household size for the applicable housing
region, as adopted annually by COAH or a successor entity approved
by the Court.
MODERATE-INCOME HOUSEHOLD
A household with a total gross annual household income in
excess of 50% but less than 80% of the regional median household income
by household size.
NON-EXEMPT SALE
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a class
A beneficiary and the transfer of ownership by court order.
RANDOM SELECTION PROCESS
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
REGIONAL ASSET LIMIT
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by duly adopted Regional Income Limits published annually
by COAH or a successor entity.
REHABILITATION
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
RENT
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted living residences, rent does
not include charges for food and services.
RESTRICTED UNIT
A dwelling unit, whether a rental unit or an ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as amended and supplemented, but does not include a market-rate unit
financed under UHORP or MONI.
UHAC
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26-1 et seq.
VERY-LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal
to 30% or less of the regional median household income by household
size.
WEATHERIZATION
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 purposes of a rehabilitation
program.
21-29.3. Inclusionary
Housing. Other Affordable Housing Requirements. All development is
subject to the Borough's zoning power where the development proposes
five or more units; provided that this subsection shall not apply
to residential expansions, additions, renovations, replacement, or
any other type of residential development that does not result in
a net increase in the number of dwellings of five or more shall provide
for affordable housing in accordance with the following requirements:
a. In a project where the units are sold, a minimum of 20% of the total
number of approved units shall be set aside for occupancy by very-low-,
low- and moderate-income households as defined by NJ Uniform Housing
Affordability Controls.
b. In a project where the units are rented to tenants, a minimum of
15% of the total number of approved units shall be set aside for occupancy
by very-low-, low- and moderate-income households as defined by NJ
Uniform Housing Affordability Controls.
c. In any project, a minimum of 13% of the affordable housing units
shall be set aside for occupancy by very-low-income households as
defined by NJ Uniform Housing Affordability Controls.
d. All affordable units shall comply with the terms and conditions of
the Uniform Housing Affordability Controls relied upon by the Court
and currently set forth in N.J.A.C. 5:80-26.1 et seq., as same may
be amended and supplemented from time to time; provided that in each
affordable development, at least 50% of the restricted units within
each bedroom distribution shall be low-income units and the remainder
may be moderate-income units. To ensure that at least 50% of restricted
units shall be designated as low-income units, all projects providing
an odd number of affordable units shall designate the odd unit as
low-income.
21-29.4. Administration.
a. The position of Municipal Housing Liaison (MHL) for Borough of Carlstadt
is established by this section. The Mayor shall make the actual appointment
of the MHL by means of a resolution and subject to approval by the
Superior Court.
1. The MHL must be either a full-time or part-time employee of Borough
of Carlstadt.
2. The person appointed as the MHL must be reported to the Department.
3. The MHL must meet all the Department requirements for qualifications,
including initial and periodic training.
4. The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Borough
of Carlstadt, including the following responsibilities which may not
be contracted out to the administrative agent:
(a)
Serving as the municipality's primary point of contact
for all inquiries from the state, affordable housing providers, administrative
agents and interested households;
(b)
The implementation of the Affirmative Marketing Plan and affordability
controls;
(c)
When applicable, supervising any contracting administrative
agent;
(d)
Monitoring the status of all restricted units in the Borough
of Carlstadt's Fair Share Plan;
(e)
Compiling, verifying and submitting annual reports as required
by the Department or as required by Superior Court;
(f)
Coordinating meetings with affordable housing providers and
administrative agents, as applicable; and
(g)
Attending continuing education opportunities on affordability
controls, compliance monitoring and affirmative marketing as offered
or approved by the Department.
b. The Borough of Carlstadt shall designate by resolution of the Council,
subject to the approval of the Department, one or more administrative
agents to administer newly constructed affordable units in accordance
with this section.
c. An Operating Manual shall be provided by the administrative agent(s)
to be adopted by resolution of the governing body and subject to approval
of the Department. The Operating Manuals shall be available for public
inspection in the Office of the Municipal Clerk and in the office(s)
of the administrative agent(s).
d. The administrative agent shall perform the duties and responsibilities
of an administrative agent as are set forth in UHAC and which are
described in full detail in the Operating Manual, including those
set forth in N.J.A.C. 5:80-26.14, 16 and 18 thereof, which includes:
1. Attending continuing education opportunities on affordability controls,
compliance monitoring, and affirmative marketing as offered or approved
by the Department;
7. Processing requests from unit owners; and
8. Enforcement, though the ultimate responsibility for retaining controls
on the units rests with the municipality.
9. The administrative agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities, hereunder.
e. The fees of the administrative agent shall be paid by the owners
of the affordable units for which the services of the administrative
agent are required.
21-29.5. Alternative
living arrangements.
a. The administration of an alternative living arrangement shall be
in compliance with N.J.A.C. 5:93-5.8 and UHAC, with the following
exceptions:
1. Affirmative marketing (N.J.A.C. 5:80-26.15); provided, however, that
the units or bedrooms may be affirmatively marketed by the provider
in accordance with an alternative plan approved by the Court;
2. Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3).
b. With the exception of units established with capital funding through
a twenty-year operating contract with the Department of Human Services,
Division of Developmental Disabilities, alternative living arrangements
shall have at least thirty-year controls on affordability in accordance
with UHAC, unless an alternative commitment is approved by the Court.
c. The service provider for the alternative living arrangement shall
act as the administrative agent for the purposes of administering
the affirmative marketing and affordability requirements for the alternative
living arrangement.
21-29.6. Phasing
and Bedroom Distribution.
a. In inclusionary developments the following schedule shall be followed:
Maximum Percentage of Market-Rate Units Completed
|
Minimum Percentage of Very-Low-, Low-, and Moderate-Income Units
Completed
|
---|
25%
|
0%
|
25% + 1 unit
|
10%
|
50%
|
50%
|
75%
|
75%
|
90%
|
100%
|
b. Low/moderate split and bedroom distribution.
1. The fair share obligation shall be divided equally between very-low-,
low-, or moderate-income units, except that where there is an odd
number of affordable housing units, the extra unit shall be a low-income
unit. At least 13% of all restricted rental units and all bedroom
distributions shall be very-low-income units (affordable to a household
earning 30% or less of regional median income by household size).
(a)
The very-low-income units shall be counted as part of the required
number of low-income units within the development.
2. In each affordable development, at least 50% of the restricted units
within each bedroom distribution shall be very-low- or low-income
units.
3. Affordable developments that are not age-restricted shall be structured
in conjunction with realistic market demands such that:
(a)
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total very-low-, low-, or moderate-income
units;
(b)
At least 30% of all very-low-, low-, or moderate-income units
shall be two-bedroom units;
(c)
At least 20% of all very-low-, low-, or moderate-income units
shall be three-bedroom units; and
(d)
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
4. Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age restricted
very-low-, low-, or moderate-income units within the inclusionary
development. This standard may be met by having all one-bedroom units
or by having a two-bedroom unit for each efficiency unit.
c. Design. In inclusionary developments, low- and moderate-income units
shall be integrated with the market units.
d. Utilities. Affordable units shall utilize the same type of heating
source as market units within the affordable development.
21-29.7. New
Construction. The following general guidelines apply to all newly
constructed developments that contain very-low-, low- and moderate-income
housing units, including any currently unanticipated future developments
that will provide very-low-, low- and moderate-income housing units.
a. Low/moderate split and bedroom distribution of affordable housing
units:
1. The fair share obligation shall be divided equally between very-low-,
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. Additionally, at least 13% of all restricted units shall
be very-low-income units (affordable to a household earning 30% or
less of the regional median income by household size). The very-low-income
units shall be counted as part of the required number of low-income
units in the development.
2. In each affordable development, at least 50% of the restricted units
within each bedroom distribution shall be low-income units, with at
least 13% affordable to very-low-income households. The very-low-income
units shall be counted as part of the required number of low-income
units in the development.
3. Affordable developments that are not age-restricted shall be structured
in conjunction with realistic market demands such that:
(a)
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total low- and moderate-income units;
(b)
At least 30% of all low- and moderate-income units shall be
two-bedroom units;
(c)
At least 20% of all low- and moderate-income units shall be
three-bedroom units; and
(d)
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
4. Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
low- and moderate-income units within the inclusionary development.
The standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
b. Accessibility requirements:
1. The first floor of all restricted townhouse dwelling units and all
restricted units in all other multistory buildings shall be subject
to the technical design standards of the Barrier Free Subcode, N.J.A.C.
5:23-7 and N.J.A.C. 5:97-3.14.
2. All restricted townhouse dwelling units and all restricted units
in other multistory buildings in which a restricted dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
(a)
An adaptable toilet and bathing facility on the first floor;
(b)
An adaptable kitchen on the first floor;
(c)
An interior accessible route of travel on the first floor;
(d)
An interior accessible route of travel shall not be required
between stories within an individual unit;
(e)
An adaptable room that can be used as a bedroom, with a door
or the casing for the installation of a door, on the first floor;
and
(f)
An accessible entranceway as set forth at P.L. 2005, c. 350
(N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C.
5:23-7 and N.J.A.C. 5:97-3.14, or evidence that the Borough of Carlstadt
has collected funds from the developer sufficient to make 10% of the
adaptable entrances in the development accessible:
(1)
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.
(2)
To this end, the builder of restricted units shall deposit funds
within the Borough of Carlstadt's Affordable Housing Trust Fund
sufficient to install accessible entrances in 10% of the affordable
units that have been constructed with adaptable entrances.
(3)
The funds deposited under Subsection b2(a)(2) above shall be
used by the Borough of Carlstadt for the sole purpose of making the
adaptable entrance of any 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.
(4)
The developer of the restricted units shall submit a design
plan and cost estimate for the conversion from adaptable to accessible
entrances to the Construction Official of the Borough of Carlstadt.
(5)
Once the Construction Official has determined that the design
plan to convert the unit entrances from adaptable to accessible meet
the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7 and
N.J.A.C. 5:97-3.14, and that the cost estimate of such conversion
is reasonable, payment shall be made to the Borough of Carlstadt's
Affordable Housing Trust Fund in care of the Municipal Treasurer who
shall ensure that the funds are deposited into the Affordable Housing
Trust Fund and appropriately earmarked.
(6)
Full compliance with the foregoing provisions shall not be required
where an entity can demonstrate that it is site impracticable to meet
the requirements. Determinations of site impracticability shall be
in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7 and N.J.A.C.
5:97-3.14.
c. Maximum rents and sales prices.
1. In establishing rents and sales prices of affordable housing units,
the administrative agent shall follow the procedures set forth in
UHAC and by the Superior Court, utilizing the regional income limits
established.
2. The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for restricted low- and
moderate-income units shall be affordable to households earning no
more than 52% of median income.
3. The developers and/or municipal sponsors of restricted rental units
shall establish at least one rent for each bedroom type for both low-income
and moderate-income units.
(a)
At least 13% of all low- and moderate-income rental units shall
be affordable to households earning no more than 30% of median income.
4. The maximum sales price of restricted ownership units within each
affordable development shall be affordable to households earning no
more than 70% of median income, and each affordable development must
achieve an affordability average of 55% for restricted ownership units;
in achieving this affordability average, moderate-income ownership
units must be available for at least three different prices for each
bedroom type, and low-income ownership units must be available for
at least two different prices for each bedroom type.
5. In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units other
than assisted living facilities, the following standards shall be
used:
(a)
A studio shall be affordable to a one-person household;
(b)
A one-bedroom unit shall be affordable to a one-and-one-half-person
household;
(c)
A two-bedroom unit shall be affordable to a three-person household;
(d)
A three-bedroom unit shall be affordable to a four-and-one-half-person
household; and
(e)
A four-bedroom unit shall be affordable to a six-person household.
6. In determining the initial rents for compliance with the affordability
average requirements for restricted units in assisted living facilities,
the following standards shall be used:
(a)
A studio shall be affordable to a one-person household;
(b)
A one-bedroom unit shall be affordable to a one-and-one-half-person
household; and
(c)
A two-bedroom unit shall be affordable to a two-person household
or to two one-person households.
7. The initial purchase price for all restricted ownership units shall
be calculated so that the monthly carrying cost of the unit, including
principal and interest (based on a mortgage loan equal to 95% of the
purchase price and the Federal Reserve H.15 rate of interest), taxes,
homeowner and private mortgage insurance and condominium or homeowner
association fees do not exceed 28% of the eligible monthly income
of the appropriate size household as determined under N.J.A.C. 5:80-26.4,
as may be amended and supplemented; provided, however, that the price
shall be subject to the affordability average requirement of N.J.A.C.
5:80-26.3, as may be amended and supplemented.
8. The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30% of the eligible monthly income of the appropriate
household size as determined under N.J.A.C. 5:80-26.4, as may be amended
and supplemented; provided, however, that the rent shall be subject
to the affordability average requirement of N.J.A.C. 5:80-26.3, as
may be amended and supplemented.
9. The price of owner-occupied very-low-, low- and moderate-income units
may increase annually based on the percentage increase in the regional
median income limit for each housing region. In no event shall the
maximum resale price established by the administrative agent be lower
than the last recorded purchase price. All units shall include the
required bedroom distribution, be governed by controls on affordability
and affirmatively marketed in conformance with the Uniform Housing
Affordability Controls, N.J.A.C. 5:80-26.1 et seq. or any successor
regulation, except that in lieu of the 10% of affordable units in
rental projects required to be at 35% of median income, 13% of all
affordable units shall be "very-low-income" as defined in N.J.S.A.
52:270-304, and all other applicable law. The Borough as part of its
HEFSP shall adopt and/or update appropriate implementing ordinances
in conformance with standard ordinances and guidelines developed by
COAH to ensure that this provision is satisfied. Income limits for
all units that are part of the plan required by this agreement and
for which income limits are not already established through a federal
program exempted from the Uniform Housing Affordability Controls pursuant
to N.J.A.C. 5:80-26.1 shall be updated by the Borough within 30 days
of the publication of determinations of median income by HUD, but
not more frequently than annually, as follows:
(a)
Regional income limits shall be established for the Region 1
based on the median income by household size, which shall be established
by a regional weighted average of the uncapped Section 8 income limits
published by HUD. To compute this regional income limit, the HUD determination
of median county income for a family of four is multiplied by the
estimated households within the county according to the most recent
decennial Census. The resulting product for each county within the
housing region is summed. The sum is divided by the estimated total
households from the most recent decennial Census in Region (1) This
quotient represents the regional weighted average of median income
for a household of four. The income limit for a moderate-income unit
for a household of four shall be 80% of the regional weighted average
median income for a family of four. The income limit for a low-income
unit for a household of four shall be 50% of the HUD determination
of the regional weighted average median income for a family of four.
The income limit for a very-low-income unit for a household of four
shall be 30% of the regional weighted average median income for a
family of four. These income limits shall be adjusted by household
size based on multipliers used by HUD to adjust median income by household
size. In no event shall the income limits be less than those for the
previous year.
(b)
The income limits calculated each year shall be the result of
applying the percentages set forth in Subsection c9(a) above to HUD's
determination of median income for the relevant fiscal year, and shall
be utilized until the Borough updates the income limits after HUD
has published revised determinations of median income for the next
fiscal year.
(c)
The Regional Asset Limit used in determining an applicant's
eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3
shall be calculated by the Borough annually by taking the percentage
increase of the income limits calculated pursuant to Subsection c9(a)
above over the previous year's income limits, and applying the
same percentage increase to the Regional Asset Limit from the prior
year. In no event shall the Regional Asset Limit be less than that
for the previous year.
10. The rent of very-low-, low- and moderate-income units may be increased
annually based on the percentage increase in the Housing Consumer
Price Index for the United States. This increase shall not exceed
9% in any one year. Rents for units constructed pursuant to low-income
housing tax credit regulations shall be indexed pursuant to the regulations
governing low-income housing tax credits.
11. Utilities. Tenant-paid utilities that are included in the utility
allowance shall be so stated in the lease and shall be consistent
with the utility allowance approved by DCA for its Section 8 program.
21-29.8. Affirmative
Marketing Requirements.
a. Borough of Carlstadt shall adopt by resolution an Affirmative Marketing
Plan, subject to approval of the Department or Superior Court, compliant
with N.J.A.C. 5:80-26.15, as may be amended and supplemented.
1. The Borough Affirmative Marketing Plan is amended to include, pursuant
to N.J.A.C. 5:8-26.15(f)(5), the following organizations: the Fair
Share Housing Center, the New Jersey State Conference of the NAACP,
the Latino Action Network, the Bergen County Chapter of the NAACP,
and the Bergen County Urban League as part of the regional affirmative
marketing strategies during implementation of the affirmative marketing
plan.
b. The affirmative marketing plan is a regional marketing strategy designed
to attract buyers and/or renters of all majority and minority groups,
regardless of race, creed, color, national origin, ancestry, marital
or familial status, gender, affectional or sexual orientation, disability,
age or number of children to housing units which are being marketed
by a developer, sponsor or owner of affordable housing. The affirmative
marketing plan is also intended to target those potentially eligible
persons who are least likely to apply for affordable units in that
region. It is a continuing program that directs all marketing activities
toward Housing Region #1 and covers the period of deed restriction.
c. The administrative agent designated by the Borough of Carlstadt shall
assure the affirmative marketing of all affordable units consistent
with the Affirmative Marketing Plan for the municipality.
d. In implementing the affirmative marketing plan, the administrative
agent shall provide a list of counseling services to low- and moderate-income
applicants on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements, and landlord/tenant law.
e. The affirmative marketing process for available affordable units
shall begin at least four months prior to the expected date of occupancy.
f. The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner,
unless otherwise determined or agreed to by Borough of Carlstadt.
21-29.9. Occupancy
Standards.
a. 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:
1. Provide an occupant for each bedroom;
2. Provide separate bedrooms for parents and children;
3. Provide children of different sex with separate bedrooms; and
4. Prevent more than two persons from occupying a single bedroom.
b. Additional provisions related to occupancy standards (if any) shall
be provided in the municipal Operating Manual.
21-29.10. Control
Periods for Restricted Ownership Units and Enforcement Mechanisms.
a. Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each
restricted ownership unit shall remain subject to the requirements
of this section until the Borough elects to release the unit from
such requirements; however, and prior to such an election, a restricted
ownership unit must remain subject to the requirements of N.J.A.C.
5:80-26.1, as may be amended and supplemented, for at least 30 years.
b. The affordability control period for a restricted ownership unit
shall commence on the date the initial certified household takes title
to the unit.
c. 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.
d. At the time of the first sale of the unit, the purchaser shall execute
and deliver to the administrative agent a recapture note obligating
the purchaser (as well as the purchaser's heirs, successors and
assigns) to repay, upon the first non-exempt sale after the unit's
release from the requirements of this section, an amount equal to
the difference between the unit's nonrestricted fair market value
and its restricted price, and the recapture note shall be secured
by a recapture lien evidenced by a duly recorded mortgage on the unit.
e. 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 restricted ownership units.
f. A restricted ownership unit shall be required to obtain a continuing
certificate of occupancy or a certified statement from the Construction
Official stating that the unit meets all code standards upon the first
transfer of title that follows the expiration of the applicable minimum
control period provided under N.J.A.C. 5:80-26.5(a), as may be amended
and supplemented.
21-29.11. Price
Restrictions for Restricted Ownership Units, Homeowner Association
Fees and Resale Prices. Price restrictions for restricted ownership
units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended
and supplemented, including:
a. The initial purchase price for a restricted ownership unit shall
be approved 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 foregoing
standards.
c. The method used to determine the condominium association fee amounts
and special assessments shall be indistinguishable between the very-low-,
low- and moderate-income unit owners and the market unit owners.
d. The owners of restricted ownership units may apply to the administrative
agent to increase the maximum sales price for the unit on the basis
of capital improvements. Eligible capital improvements shall be those
that render the unit suitable for a larger household or the addition
of a bathroom.
21-29.12. Buyer
Income Eligibility.
a. Buyer income eligibility for restricted ownership units shall be
in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to 50% of median
income and moderate-income ownership units shall be reserved for households
with a gross household income less than 80% of median income.
b. The administrative agent shall certify a household as eligible for
a restricted ownership unit when the household is a very-low-, low-income
household or a moderate-income household, as applicable to the unit,
and the estimated monthly housing cost for the particular unit (including
principal, interest, taxes, homeowner and private mortgage insurance
and condominium or homeowner association fees, as applicable) does
not exceed 33% of the household's certified monthly income.
21-29.13. Limitations
on Indebtedness Secured by Ownership Unit; Subordination.
a. Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the administrative agent shall determine in writing
that the proposed indebtedness complies with the provisions of this
section.
b. With the exception of original purchase money mortgages, during a
control period neither an owner nor a lender shall at any time cause
or permit the total indebtedness secured by a restricted ownership
unit to exceed 95% of the maximum allowable resale price of that unit,
as such price is determined by the administrative agent in accordance
with N.J.A.C. 5:80-26.6(b).
21-29.14. Control
Periods for Restricted Rental Units.
a. Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and
each restricted rental unit shall remain subject to the requirements
of this section until the Borough of Carlstadt elects to release the
unit from such requirements pursuant to action taken in compliance
with N.J.A.C. 5:80- 26.1, as may be amended and supplemented, and
prior to such an election, a restricted rental unit must remain subject
to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented,
for at least 30 years.
b. Deeds of all real property that include restricted rental units shall
contain deed restriction language. The deed restriction shall have
priority over all mortgages on the property, and the deed restriction
shall be filed by the developer or seller with the records office
of the County of Bergen. A copy of the filed document shall be provided
to the administrative agent within 30 days of the receipt of a certificate
of occupancy.
c. A restricted rental unit shall remain subject to the affordability
controls of this section, despite the occurrence of any of the following
events:
1. Sublease or assignment of the lease of the unit;
2. Sale or other voluntary transfer of the ownership of the unit; or
3. The entry and enforcement of any judgment of foreclosure.
21-29.15. Control
Periods for Rehabilitated Housing Units.
a. Rehabilitated owner-occupied housing units that are improved to code
standards shall be subject to affordability controls for a period
of 10 years.
21-29.16. Price
Restrictions for Rental Units; Leases.
a. A written lease shall be required for all restricted rental units,
except for units in an assisted living residence, and tenants shall
be responsible for security deposits and the full amount of the rent
as stated on the lease. A copy of the current lease for each restricted
rental unit shall be provided to the administrative agent.
b. No additional fees or charges shall be added to the approved rent
(except, in the case of units in an assisted living residence, to
cover the customary charges for food and services) without the express
written approval of the administrative agent.
c. Application fees (including the charge for any credit check) shall
not exceed 5% of the monthly rent of the applicable restricted unit
and shall be payable to the administrative agent to be applied to
the costs of administering the controls applicable to the unit as
set forth in this section.
21-29.17. Tenant
Income Eligibility.
a. Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13,
as may be amended and supplemented, and shall be determined as follows:
1. Very-low-income rental units shall be reserved for households with
a gross household income less than or equal to 30% of median income.
2. Low-income rental units shall be reserved for households with a gross
household income less than or equal to 50% of median income.
3. Moderate-income rental units shall be reserved for households with
a gross household income less than 80% of median income.
b. The administrative agent shall certify a household as eligible for
a restricted rental unit when the household is a very-low-income,
low-income household or a moderate-income household, as applicable
to the unit, and the rent proposed for the unit does not exceed 35%
(40% for age-restricted units) of the household's eligible monthly
income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended
and supplemented; provided, however, that this limit may be exceeded
if one or more of the following circumstances exists:
1. 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;
2. 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;
3. The household is currently in substandard or overcrowded living conditions;
4. The household documents the existence of assets with which the household
proposes to supplement the rent payments; or
5. The household documents proposed third-party assistance from an outside
source such as a family member in a form acceptable to the administrative
agent and the owner of the unit.
c. The applicant shall file documentation sufficient to establish the
existence of the circumstances in Subsection b1 through 5 above with
the administrative agent, who shall counsel the household on budgeting.
21-29.18. Enforcement
of Affordable Housing Regulations.
a. 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.
b. After providing written notice of a violation to an owner, developer
or tenant of a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the municipality
may take the following action against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
1. 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:
(a)
A fine of not more than $10,000 or imprisonment for a period
not to exceed 90 days, or both. Each and every day that the violation
continues or exists shall be considered a separate and specific violation
of these provisions and not as a continuing offense;
(b)
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 Borough of Carlstadt Affordable Housing Trust
Fund of the gross amount of rent illegally collected;
(c)
In the case of an owner who has rented his or her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment of an innocent tenant's reasonable relocation
costs, as determined by the court.
2. The municipality may file a court action in the Superior Court seeking
a judgment, which would result in the termination of the owner's
equity or other interest in the unit, in the nature of a mortgage
foreclosure. Any judgment shall be enforceable as if the same were
a judgment of default of the first purchase money mortgage and shall
constitute a lien against the low- and moderate-income unit.
c. Such judgment shall be enforceable, at the option of the municipality,
by means of an execution sale by the Sheriff, at which time the low-
and moderate-income unit of the violating owner shall be sold at a
sale price which is not less than the amount necessary to fully satisfy
and pay off any first purchase money mortgage and prior liens and
the costs of the enforcement proceedings incurred by the municipality,
including attorney's fees. The violating owner shall have the
right to possession terminated as well as the title conveyed pursuant
to the Sheriff's sale.
d. The proceeds of the Sheriff's sale shall first be applied to
satisfy the first purchase money mortgage lien and any prior liens
upon the low- and moderate-income unit. The excess, if any, shall
be applied to reimburse the municipality for any and all costs and
expenses incurred in connection with either the court action resulting
in the judgment of violation or the Sheriff's sale. In the event
that the proceeds from the Sheriff's sale are insufficient to
reimburse the municipality in full as aforesaid, the violating owner
shall be personally responsible for and to the extent of such deficiency,
in addition to any and all costs incurred by the municipality in connection
with collecting such deficiency. In the event that a surplus remains
after satisfying all of the above, such surplus, if any, shall be
placed in escrow by the municipality for the owner and shall be held
in such escrow for a maximum period of two years or until such earlier
time as the owner shall make a claim with the municipality for such.
Failure of the owner to claim such balance within the two-year period
shall automatically result in a forfeiture of such balance to the
municipality. Any interest accrued or earned on such balance while
being held in escrow shall belong to and shall be paid to the municipality,
whether such balance shall be paid to the owner or forfeited to the
municipality.
e. Foreclosure by the municipality due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the low- and moderate-income unit. Title shall be conveyed
to the purchaser at the Sheriff's sale, subject to the restrictions
and provisions of the regulations governing the affordable housing
unit. The owner determined to be in violation of the provisions of
this plan and from whom title and possession were taken by means of
the Sheriff's sale shall not be entitled to any right of redemption.
f. If there are no bidders at the Sheriff's sale, or if insufficient
amounts are bid to satisfy the first purchase money mortgage and any
prior liens, the municipality may acquire title to the low- and moderate-income
unit by satisfying the first purchase money mortgage and any prior
liens and crediting the violating owner with an amount equal to the
difference between the first purchase money mortgage and any prior
liens and costs of the enforcement proceedings, including legal fees
and the maximum resale price for which the low- and moderate-income
unit could have been sold under the terms of the regulations governing
affordable housing units. This excess shall be treated in the same
manner as the excess which would have been realized from an actual
sale as previously described.
g. Failure of the low- and moderate-income unit to be either sold at
the Sheriff's sale or acquired by the municipality shall obligate
the owner to accept an offer to purchase from any qualified purchaser
which may be referred to the owner by the municipality, with such
offer to purchase being equal to the maximum resale price of the low-
and moderate-income unit as permitted by the regulations governing
affordable housing units.
h. The owner shall remain fully obligated, responsible and liable for
complying with the terms and restrictions of governing affordable
housing units until such time as title is conveyed from the owner.
21-29.19. Appeals.
Appeals from all decisions of an administrative agent designated pursuant
to this section shall be filed in writing with the Commissioner of
the Department.
[Added 6-1-2022 by Ord.
No. 22-5]
a. Purpose.
This section establishes standards for the collection, maintenance,
and expenditure of development fees that are consistent with COAH's
regulations developed in response to P.L. 2008, c. 46, Sections 8
and 32-38 (N.J.S.A. 52:27D-329.2) and the Statewide Non-Residential
Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7). Fees collected
pursuant to this section shall be used for the sole purpose of providing
very-low-, low- and moderate-income housing in accordance with a Court-approved
Spending Plan approved as required by law.
b. Definitions.
The following terms, as used in this Section, shall have the following
meanings:
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100-percent affordable housing
development.
COAH or THE COUNCIL
The New Jersey Council on Affordable Housing established
under the Fair Housing Act.
DEVELOPER
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 FEE
Money paid by a developer for the improvement of property
as authorized by Holmdel Builder's Association v. Holmdel Township,
121 N.J. 550 (1990) and the Fair Housing Act of 1985, N.J.S.A. 52:27d-301,
et seq., and regulated by applicable COAH Rules.
EQUALIZED ASSESSED VALUE
The assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with Sections 1,
5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
GREEN BUILDING STRATEGIES
Those strategies that minimize the impact of development
on the environment, and enhance the health, safety and well-being
of residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
c. Residential
development fees.
(1) Imposition of fees.
(A) Within the Borough of Carlstadt, all residential developers, except
for developers of the types of developments specifically exempted
in Subsection c4(b) below and developers of developments that include
affordable housing, shall pay a fee of 1.5% of the equalized assessed
value for all new residential development provided no increased density
is permitted. Development fees shall also be imposed and collected
for improvements to an existing residential structure or construction
of an addition dwelling unit; in such cases, the fee shall be calculated
based on the increase in the equalized assessed value of the parcel
in question.
(B) When an increase in residential density is permitted pursuant to
a "d" variance granted under N.J.S.A. 40:55D-70d(5), developers shall
be required to pay a "bonus" development fee of 6.0% of the equalized
assessed value for each additional unit that may be realized, except
that this provision shall not be applicable to a development that
will include affordable housing. If the zoning on a site has changed
during the two-year period preceding the filing of such a variance
application, the base density for the purposes of calculating the
bonus development fee shall be the highest density permitted by right
during the two-year period preceding the filing of the variance application.
(2) Eligible exactions, ineligible exactions and exemptions for residential
developments.
(A) Affordable housing developments and/or developments where the developer
has made a payment in lieu of on-site construction of affordable units,
if permitted by Ordinance and approved by the Court as part of its
approval of the settlement of litigation in In the Matter of the Application
of the Borough of Carlstadt, Docket No BER-L-6392-15 shall be exempt
from the payment of development fees.
(B) Developments that have received preliminary or final site plan approval
prior to the adoption of this section shall be exempt from the payment
of development fees, unless the developer seeks a substantial change
in the original approval. Where site plan approval is not applicable,
the issuance of a zoning permit and/or construction permit shall be
synonymous with preliminary or final site plan approval for the purpose
of determining the right to an exemption. In all cases, the applicable
fee percentage shall be determined based upon the Development Fee
Ordinance in effect on the date that the construction permit is issued.
(C) Improvements or additions to existing one- and two-family dwellings
on individual lots shall not be required to pay a development fee,
but a development fee shall be charged for any new dwelling constructed
as a replacement for a previously existing dwelling on the same lot
that was or will be demolished, unless the owner resided in the previous
dwelling for a period of one year or more prior to obtaining a demolition
permit. Where a development fee is charged for a replacement dwelling,
the development fee shall be calculated on the increase in the equalized
assessed value of the new structure as compared to the previous structure.
(D) Homes replaced as a result of a natural disaster (such as a fire
or flood) shall be exempt from the payment of a development fee.
d. Nonresidential
development fees.
(1) Imposition of fees.
(A) Within all zoning districts, nonresidential developers, except for
developers of the types of developments specifically exempted below,
shall pay a fee equal to 2.5% of the equalized assessed value of the
land and improvements, for all new nonresidential construction on
an unimproved lot or lots.
(B) Within all zoning districts, nonresidential developers, except for
developers of the types of developments specifically exempted below,
shall also pay a fee equal to 2.5% of the increase in equalized assessed
value resulting from any additions to existing structures to be used
for nonresidential purposes.
(C) Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2.5%
shall be calculated on the difference between the equalized assessed
value of the pre-existing land and improvements and the equalized
assessed value of the newly improved structure, i.e., land and improvements,
and such calculation shall be made at the time a final certificate
of occupancy is issued. If the calculation required under this section
results in a negative number, the nonresidential development fee shall
be zero.
(2) Eligible exactions, ineligible exactions and exemptions for nonresidential
development.
(A) The nonresidential portion of a mixed-use inclusionary or market
rate development shall be subject to development fee of 2.5% unless
otherwise exempted below.
(B) The fee of 2.5% shall not apply to an increase in equalized assessed
value resulting from alterations, change in use within existing footprint,
reconstruction, renovations and repairs.
(C) Nonresidential developments shall be exempt from the payment of nonresidential
development fees in accordance with the exemptions required pursuant
to the Statewide Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1
through 8.7), as specified in Form N-RDF "State of New Jersey Non-Residential
Development Certification/Exemption." Any exemption claimed by a developer
shall be substantiated by that developer.
(D) A developer of a nonresidential development exempted from the nonresidential
development fee pursuant to the Statewide Non-Residential Development
Fee Act shall be subject to the fee at such time as the basis for
the exemption no longer applies and shall make the payment of the
nonresidential development fee, in that event, within three years
after that event or after the issuance of the final certificate of
occupancy for the nonresidential development, whichever is later.
(E) If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the property tax
exemption. Unpaid nonresidential development fees under these circumstances
may be enforceable by the Borough of Carlstadt as a lien against the
real property of the owner.
e. Collection
procedures.
(1) Upon the granting of a preliminary, final or other applicable approval
for a development, the approving authority or entity shall notify
or direct its staff to notify the Construction Official responsible
for the issuance of a construction permit.
(2) For nonresidential developments only, the developer shall also be
provided with a copy of Form N-RDF "State of New Jersey Non-Residential
Development Certification/Exemption" to be completed as per the instructions
provided. The developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The Construction Official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in the Form N-RDF. The Tax Assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
(3) The Construction Official responsible for the issuance of a construction
permit shall notify the Borough Tax Assessor of the issuance of the
first construction permit for a development which is subject to a
development fee.
(4) Within 90 days of receipt of such notification, the Borough Tax Assessor
shall prepare an estimate of the equalized assessed value of the development
based on the plans filed.
(5) The Construction Official responsible for the issuance of a final
certificate of occupancy shall notify the Borough Tax Assessor of
any and all requests for the scheduling of a final inspection on a
property which is subject to a development fee.
(6) Within 10 business days of a request for the scheduling of a final
inspection, the Borough Tax Assessor shall confirm or modify the previously
estimated equalized assessed value of the improvements associated
with the development; calculate the development fee; and thereafter
notify the developer of the amount of the fee.
(7) Should the Borough of Carlstadt fail to determine or notify the developer
of the amount of the development fee within 10 business days of the
request for final inspection, the developer may estimate the amount
due and pay that estimated amount consistent with the dispute process
set forth in Subsection b. of Section 37 of P.L. 2008, c. 46 (N.J.S.A.
40:55D-8.6).
(8) Except as provided in Section 5.A.3 hereinabove, 50% of the initially
calculated development fee shall be collected at the time of issuance
of the construction permit. The remaining portion shall be collected
at the time of issuance of the certificate of occupancy. The developer
shall be responsible for paying the difference between the fee calculated
at the time of issuance of the construction permit and that determined
at the time of issuance of the certificate of occupancy. No certificate
of occupancy shall be issued to the developer until all remaining
developer fees have been paid in full.
(9) Appeal of development fees.
(A) A developer may challenge residential development fees imposed by
filing a challenge with the County Board of Taxation. Pending a review
and determination by the Board, collected fees shall be placed in
an interest-bearing escrow account by the Borough of Carlstadt. Appeals
from a determination of the Board may be made to the tax court in
accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
(B) A developer may challenge nonresidential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest-bearing escrow account by the Borough of
Carlstadt. Appeals from a determination of the Director may be made
to the tax court in accordance with the provisions of the State Tax
Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after
the date of such determination. Interest earned on amounts escrowed
shall be credited to the prevailing party.
[Added 6-1-2022 by Ord.
No. 22-5]
a. There
is hereby created a separate, interest-bearing Affordable Housing
Trust Fund to be maintained by the Chief Financial Officer of the
Borough of Carlstadt for the purpose of depositing development fees
collected from residential and nonresidential developers and proceeds
from the sale of units with extinguished controls.
b. The
following additional funds shall be deposited in the Affordable Housing
Trust Fund and shall always be identifiable by source and amount:
(1) Payments in lieu of on-site construction of a fraction of an affordable
unit, where permitted by Ordinance or by Agreement with the Borough
of Carlstadt;
(2) Funds contributed by developers to make 10% of the adaptable entrances
in a townhouse or other multistory attached dwelling unit development
accessible;
(3) Rental income from municipally operated units;
(4) Repayments from affordable housing program loans;
(6) Proceeds from the sale of affordable units; and
(7) Any other funds collected in connection with Carlstadt's affordable
housing program.
c. In
the event of a failure by the Borough of Carlstadt to comply with
trust fund monitoring and reporting requirements or to submit accurate
monitoring reports; or a failure to comply with the conditions of
the judgment of compliance or a revocation of the judgment of compliance;
or a failure to implement the approved Spending Plan and to expend
funds within the applicable required time period as set forth in Tp.
of Monroe, 442 N.J. Super. 565 (Law Div. 2015) (aff'd 442 N.J.Super.
563); or the expenditure of funds on activities not approved by the
Court; or for other good cause demonstrating the unapproved use(s)
of funds, the Court may authorize the State of New Jersey, Department
of Community Affairs, Division of Local Government Services (LGS),
to direct the manner in which the funds in the Affordable Housing
Trust Fund shall be expended, provided that all such funds shall,
to the extent practicable, be utilized for affordable housing programs
within the Borough of Carlstadt, or, if not practicable, then within
the county or the housing region.
d. Any
party may bring a motion before the Superior Court presenting evidence
of such condition(s), and the Court may, after considering the evidence
and providing the municipality a reasonable opportunity to respond
and/or to remedy the noncompliant condition(s), and upon a finding
of continuing and deliberate noncompliance, determine to authorize
LGS to direct the expenditure of funds in the Trust Fund. The Court
may also impose such other remedies as may be reasonable and appropriate
to the circumstances.
e. Interest
accrued in the Affordable Housing Trust Fund shall only be used to
fund eligible affordable housing activities approved by the Court.
f. The
expenditure of all funds shall conform to a Spending Plan approved
by the Court. Funds deposited in the Affordable Housing Trust Fund
may be used for any activity approved by the Court to address the
Borough of Carlstadt's fair share obligation and may be set up
as a grant or revolving loan program. Such activities include, but
are not limited to, preservation or purchase of housing for the purpose
of maintaining or implementing affordability controls; housing rehabilitation;
new construction of affordable housing units and related costs; accessory
apartments; a market to affordable program; Regional Housing Partnership
programs; conversion of existing nonresidential buildings to create
new affordable units; green building strategies designed to be cost
saving and in accordance with accepted national or state standards;
purchase of land for affordable housing; improvement of land to be
used for affordable housing; extensions or improvements of roads and
infrastructure to affordable housing sites; financial assistance designed
to increase affordability; administration necessary for implementation
of the Housing Element and Fair Share Plan; and/or any other activity
permitted by the Court and specified in the approved Spending Plan.
g. At
least 30% of all development fees collected, and interest earned on
such fees shall be used to provide affordability assistance to low-
and moderate-income households in affordable units included in the
municipal Fair Share Plan. One-third of the affordability assistance
portion of development fees collected shall be used to provide affordability
assistance to those households earning 30% or less of the median income
for Housing Region 1, in which Carlstadt is located.
(1) Affordability assistance programs may include down payment assistance,
security deposit assistance, low-interest loans, rental assistance,
assistance with homeowner's association or condominium fees and
special assessments, and assistance with emergency repairs. The specific
programs to be used for affordability assistance shall be identified
and described within the Spending Plan.
(2) Affordability assistance to households earning 30% or less of median
income may include buying down the cost of low- or moderate-income
units in the municipal Fair Share Plan to make them affordable to
households earning 30% or less of median income. The specific programs
to be used for very-low-income affordability assistance shall be identified
and described within the Spending Plan.
(3) Payments in lieu of constructing affordable housing units on site,
if permitted by ordinance or by agreement with the Borough of Carlstadt,
and funds from the sale of units with extinguished controls shall
be exempt from the affordability assistance requirement.
h. The
Borough of Carlstadt may contract with a private or public entity
to administer any part of its Housing Element and Fair Share Plan,
including its programs for affordability assistance.
i. No
more than 20% of all revenues collected from development fees may
be expended on administration, including, but not limited to, salaries
and benefits for municipal employees or consultants' fees necessary
to develop or implement a new construction program, prepare a Housing
Element and Fair Share Plan, and/or administer an affirmative marketing
program or a rehabilitation program.
(1) In the case of a rehabilitation program, the administrative costs
of the rehabilitation program shall be included as part of the 20%
of collected development fees that may be expended on administration.
(2) Administrative funds may be used for income qualification of households,
monitoring the turnover of sale and rental units, and compliance with
COAH's monitoring requirements. Legal or other fees related to
litigation opposing affordable housing sites or related to securing
or appealing a judgment from the Court are not eligible uses of the
Affordable Housing Trust Fund.
j. The
Borough of Carlstadt shall provide annual reporting of Affordable
Housing Trust Fund activity to the State of New Jersey, Department
of Community Affairs, Council on Affordable Housing or Local Government
Services or other entity designated by the State of New Jersey, with
a copy provided to Fair Share Housing Center and posted on the municipal
website, using forms developed for this purpose by the New Jersey
Department of Community Affairs, Council on Affordable Housing or
Local Government Services. The reporting shall include an accounting
of all 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. Such reporting shall include an accounting
of development fees collected from residential and nonresidential
developers, payments in lieu of constructing affordable units on site
(if permitted by ordinance or by agreement with the Borough), funds
from the sale of units with extinguished controls, barrier free escrow
funds, rental income from Borough-owned affordable housing units,
repayments from affordable housing program loans, and any other funds
collected in connection with Carlstadt's affordable housing programs,
as well as an accounting of the expenditures of revenues and implementation
of the Spending Plan approved by the Court.
k. Ongoing
collection of fees.
(1) The ability for the Borough of Carlstadt to impose, collect and expend
development fees shall expire with the expiration of the repose period
covered by its Judgment of Compliance unless the Borough of Carlstadt
has first filed an adopted Housing Element and Fair Share Plan with
the Court or with a designated state administrative agency, has petitioned
for a Judgment of Compliance from the Court or for substantive certification
or its equivalent from a state administrative agency authorized to
approve and administer municipal affordable housing compliance and
has received approval of its Development Fee Ordinance from the entity
that will be reviewing and approving the Housing Element and Fair
Share Plan.
(2) If the Borough of Carlstadt fails to renew its ability to impose
and collect development fees prior to the expiration of its Judgment
of Compliance, it may be subject to forfeiture of any or all funds
remaining within its Affordable Housing Trust Fund. Any funds so forfeited
shall be deposited into the "New Jersey Affordable Housing Trust Fund"
established pursuant to Section 20 of P.L. 1985, c. 222 (N.J.S.A.
52:27D-320).
(3) The Borough of Carlstadt shall not impose a residential development
fee on a development that receives preliminary or final site plan
approval after the expiration of its Judgment of Compliance, nor shall
the Borough of Carlstadt retroactively impose a development fee on
such a development. The Borough of Carlstadt also shall not expend
any of its collected development fees after the expiration of its
Judgment of Compliance.