Agricultural uses, including customary farm occupations, or lands which qualify as farms, as defined herein, shall be permitted in any zone, subject to the following conditions:
A. 
Buildings may be utilized for horticulture, nurseries, greenhouses and for the growing, raising, harvesting and sale of agricultural crops, provided that no building shall be nearer than 100 feet to any lot line, except residential buildings, which may be located in conformity with the standards for residences within those districts in which they are located.
B. 
Livestock, poultry, fowl or other animals maintained on the premises for commercial purposes shall be permitted according to approved farm practices.
[Amended 9-19-1985 by Ord. No. 85-27]
C. 
The display for sale of products grown or raised by the owner, tenant or lessee on a roadside stand shall only be permitted where:
[Amended 9-19-1985 by Ord. No. 85-27]
(1) 
The sale of such products is within the confines of the property and at least 50% of the products are grown on an active New Jersey farm or are in season in New Jersey.
(2) 
The place of sale or storage of such products, whether of a permanent or temporary nature, shall not be closer than 50 feet to any side lot line.
(3) 
The sale of any such products shall not have a deleterious effect on adjoining properties by reason of nuisance or health hazard or other factor as specified in Article XLII herein.
(4) 
The sale of any such products shall also require a suitable amount of off-street parking and loading space as required in the Site Plan Ordinance.[1]
[1]
Editor's Note: See Part 8, Site Plan Review.
A. 
In zones where permitted, no building or unenclosed recreational facility shall be located within 95 feet of any property line or closer than permitted for principal structures in the zone where located, whichever is greater.
B. 
In zones where permitted, there may be included retail sales for members and their guests only.
C. 
Unenclosed recreational facilities shall be effectively screened from adjoining residential uses.
D. 
No public-address system shall be permitted except where such system will not be audible at any property line.
E. 
Other factors, such as lighting, drainage, parking, surfacing and signs, shall be subject to site plan review under the Site Plan Ordinance.[1]
[1]
Editor's Note: See Part 8, Site Plan Review.
F. 
Outdoor recreation facilities shall include golf courses, ice-skating rinks, swimming pools, tennis courts and other similar facilities.
[Added 11-18-1991 by Ord. No. 91-33]
A. 
Registration of location. No person shall install or maintain any newsrack which is located in any public right-of-way without registering the following information with the Township Clerk:
(1) 
The location of each newsrack to be installed or maintained in the Township by the applicant.
(2) 
The name, address and telephone number of the applicant.
(3) 
The Township Clerk shall refer the information collected to the Planning Board, which shall either approve or deny such request. The Board shall be guided by the standards and criteria set forth in Subsections B and C below.
(4) 
No fee is required as part of this registration process.
B. 
Standards. All newsracks which are located within any public right-of-way shall comply with the following standards:
(1) 
No newsrack shall exceed four feet in height, 30 inches in width or two feet in depth.
(2) 
Newsracks shall only be placed near a curb or adjacent to the wall of a building. No newsrack shall be placed or maintained on the sidewalk or roadway.
(3) 
No newsrack shall be chained, bolted or otherwise attached to any property not owned by the owner of the newsrack or to any permanently fixed object. Newsracks may not be chained, but may otherwise be attached to one another; however, no more than four newsracks may be joined together in this manner.
(4) 
Notwithstanding the provisions of Subsection B(2), no newsrack shall be placed, installed, used or maintained:
(a) 
Within five feet of any marked or unmarked crosswalk.
(b) 
Within 15 feet of any fire hydrant, fire call box, police call box or other emergency facility.
(c) 
Within 10 feet of any driveway.
(d) 
At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet.
(e) 
Within 200 feet of any other newsrack containing the same publication.
(f) 
Within any sight triangle easement or required sight distance.
(5) 
No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or news periodical sold within.
(6) 
Each newsrack shall be maintained in a neat and clean condition and in good repair at all times.
(7) 
No more than eight newsracks shall be located on any public right-of-way within the same block of the same street. As used herein "block" shall mean one side of a street between two consecutive intersecting streets.
C. 
Applicability. The provisions of this section shall apply to all newsracks, whether installed and maintained prior to or after the effective date of any of the provisions herein. Those newsracks installed prior to the effective date of any provision enacted hereunder shall be brought into compliance with said provisions within 30 days of the effective date. Any newsrack not brought into compliance within the aforementioned time period shall be deemed to be in violation of this section.
D. 
Priority. In determining which newsrack(s) shall be permitted to remain, the Planning Board shall be guided solely by the following criteria:
(1) 
First priority shall be given to daily publications, published five or more days per week.
(2) 
Second priority shall be given to publications published two to four days per week.
(3) 
Third priority shall be given to publications published one day per week.
E. 
Newsrack violations. Whenever the owner of a newsrack placed in the Township of Bridgewater is in violation of the chapter or of any section thereof, that person or entity, if convicted of such an offense, should be punished by a fine not to exceed $500.
[Added 5-16-2011 by Ord. No. 11-09]
A. 
Definitions.
ACCESSORY USE, WIND, SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE
A facility or structure for the purpose of supplying electrical energy produced from wind, solar, or photovoltaic technologies which is designed to generate only the amount of energy that is consumed by uses on the lot whereon said facility is located. This provision shall not be interpreted to prohibit the sale of excess power that may be generated from time to time from a facility designed to meet only the energy needs of the uses on the lot.
BIOMASS ENERGY FACILITY
All equipment and technology needed to convert a nonhazardous solid or liquid waste stream to a potentially usable form of energy. This may include, but is not limited to steam, methane, natural gas, or other forms of energy.
BOARD
The Township of Bridgewater Planning Board and/or Zoning Board of Adjustment or other municipal authority having jurisdiction.
DCA
The New Jersey Department of Community Affairs which, by extension, shall include the individual divisions and/or offices within the DCA.
GEOTHERMAL ENERGY FACILITY
All equipment and technology which produces electric energy solely by the use of the natural heat from the subsurface of the earth as a primary energy source.
INDUSTRIAL ZONES
Identified below are zoned and intended as suitable for use for industrial purposes. These zones are:
(1) 
M-1 Limited Manufacturing Zone.
(2) 
M-1A Manufacturing Zone.
(3) 
M-1B Limited Manufacturing Zone (small lot).
(4) 
M-2 General Manufacturing Zone.
(5) 
M-3 Quarry Zone.
METEOROLOGICAL TOWER OR MET TOWER
A structure designed to support the gathering of wind energy resource data, and includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
OWNER
The individual, entity and/or property owner that intends to own and operate the solar energy systems in accordance with this section. Should the property owner be different from the owner or entity who intends to own and operate the solar energy systems, the property owner shall provide written consent and provide same at the time of the application for approval.
PRINCIPAL USE
Wind, solar or photovoltaic energy facility or structure; shall mean a facility or structure for the purpose of supplying electrical energy produced from wind, solar, or photovoltaic technologies which is designed to generate more energy than that which is consumed by uses on the lot whereon said facility is located.
RENEWABLE ENERGY FACILITY
All equipment needed to convert solar, wind or geothermal energy into usable electrical energy, heat water, or produce hot air or similar function through the use of solar panels, wind turbines, and photovoltaic or geothermal technologies. This includes all equipment, including cabinets, inverters, batteries, and similar equipment. For the purpose of this section, a renewable energy facility does not include biomass facilities.
ROTOR DIAMETER
The cross-sectional dimension of the circle swept by the rotating blades of a wind-powered energy generator.
SOLAR ENERGY FACILITY
All equipment and technology needed to convert solar rays into a usable form of energy, hot water, or produce hot air and similar functions through the use of solar panels.
SOLAR PANELS
A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.
TOTAL HEIGHT FOR SOLAR ENERGY FACILITY
In relation to a solar energy facility, the vertical distance from the ground to the maximum height of the support apparatus and all associated equipment of the solar energy facility at its highest point.
TOTAL HEIGHT FOR WIND ENERGY FACILITY
In relation to a wind energy facility, the vertical distance from the ground to the tip of a wind generator blade when the tip is at its highest point.
TOWER
A monopole, freestanding, or guyed structure that supports a wind generator.
WIND ENERGY FACILITY
A wind generator, turbine and all associated equipment and technology, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, inverter, batteries or other component necessary to fully utilize the wind generator to create energy.
WIND GENERATOR OR WIND TURBINE
Equipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy.
B. 
Renewable energy facilities (REF): permitted and prohibited uses in zoning districts.
(1) 
Roof-mounted solar and photovoltaic facilities are hereby designated as an accessory use and are permitted, subject to the requirements of this chapter, in all zones on principal buildings, on detached residential garages, and on accessory buildings located on preserved farmland property as authorized pursuant to § 126-335B(7).
[Amended 3-5-2012 by Ord. No. 12-03; 3-18-2019 by Ord. No. 19-08]
(2) 
Subject to the singular exception of renewable energy facilities placed on accessory buildings located on preserved farmland property as articulated in § 126-335B(7) below, geothermal facilities, as an accessory use only, are permitted in all zones when wholly provided within a principal structure. Board review is not required if the geothermal facility is located within a principal structure.
[Amended 3-5-2012 by Ord. No. 12-03]
(3) 
Subject to the singular exception of renewable energy facilities placed on accessory buildings located on preserved farmland property as articulated in § 126-335B(7) below, ground-mounted solar and photovoltaic facilities are not permitted in any residential zones and all nonresidential zoning districts, except for specific industrial zoning districts as delineated below.
[Amended 3-5-2012 by Ord. No. 12-03]
(4) 
Site plan required. Roof-mounted solar energy facilities in compliance with Subsection C (Solar energy facilities), whether in residential or nonresidential zones, shall not require a site plan approval from the Board; however, all ground-mounted solar energy facilities shall require site plan approval from the Board. All wind energy facilities shall require site plan approval from the Board.
(5) 
All renewable energy facilities require approval from the Zoning Officer and construction office prior to receiving a building permit. Applications for an energy facility shall include information demonstrating compliance with the provisions of this section. In the event that the Zoning Officer or construction office does not believe the provisions of this section will be satisfied, an applicant may request a variance.
(6) 
All applicants for renewable energy facilities requiring Board review shall submit a decommissioning plan.
(7) 
Pursuant to and in accordance with N.J.S.A. 4:1C- 32.4, a person who owns preserved farmland (as defined in that statute) may construct, install and operate biomass, solar or wind energy generation facilities, structures and equipment on the farm, whether on the preserved portion of the farm or on any portion excluded from preservation, for the purpose of generating power or heat and may make improvements to any agricultural, horticultural, residential or other building or structure on the land for that purpose, provided that such facilities, structures and equipment comply with the provisions of sections a through i of N.J.S.A. 4:1C-32.4, including the obtainment of the approval of the State Agriculture Development Committee (SADC), as articulated in section c of that statute.
[Added 3-5-2012 by Ord. No. 12-03]
C. 
Solar energy facilities.
(1) 
Roof-mounted solar and photovoltaic facilities: accessory use; permitted in all zones.
(a) 
Roof-mounted facilities shall not be permitted to have the support structure at a height greater than 12 inches above the roof unless the structure has a parapet which will screen the support structure, and subject to Subsection C(1)(e) below.
(b) 
Panels installed in a rooftop configuration shall be installed for fire safety with setbacks as delineated in the Uniform Construction Code (UCC).
[Amended 3-5-2012 by Ord. No. 12-03]
(c) 
Rooftop installations must not interfere with any operation of plumbing fixtures protruding from the rooftop level as required by the New Jersey Plumbing Code.
(d) 
The finished height of the roof-mounted array may not exceed the maximum principal or accessory building height as applicable for the zone.
(e) 
All roof-mounted solar facilities shall have posted an approved sign to be posted in accordance with UCC requirements as to size, location and content, which notifies fire and emergency services of the existence of solar panels on the building.
[Amended 3-5-2012 by Ord. No. 12-03]
(2) 
Ground-mounted solar energy facilities in residential zones. Ground-mounted solar energy facilities are not permitted in residential zones. If an application is submitted to the Zoning Board of Adjustment for relief from this section, the Zoning Board of Adjustment must take note that the residential ground-mount facility is specifically prohibited. In addition to satisfying the requirements of the Municipal Land Use Law, the Board shall review the following guiding information:
(a) 
The setback of the proposed solar energy facility shall be at least two times the minimum yard setback requirements for principal structures in the zone, but not less than 100 feet.
(b) 
Within the one-hundred-foot setback, a minimum landscape buffer area of 75 feet shall be provided.
(c) 
The ground-mounted solar energy facility shall not be placed in any front yard area or in any minimum front yard area.
(d) 
Landscaping of the buffer area shall be sufficient to achieve a visual screen of the array, and shall not significantly impact the visual appearance as viewed from neighboring properties or across the street.
(e) 
At the discretion of the Board, the review of a ground-mounted solar energy facility application in a residential zone may include a real estate appraisal to demonstrate that the ground-mounted facility will not affect the marketability of neighboring properties.
(3) 
Ground-mounted solar and photovoltaic energy facilities in industrial zones: accessory use.
(a) 
Ground-mounted accessory use solar energy facilities may be installed on lots in the industrial zones as specified below and containing a minimum area of at least five acres. These industrial zones are:
[1] 
M-1 Limited Manufacturing Zone.
[2] 
M-1A Manufacturing Zone.
[3] 
M-1B Limited Manufacturing Zone (small lot).
[4] 
M-2 General Manufacturing Zone.
[5] 
M-3 Quarry Zone.
(b) 
Ground facilities which cover 6% or less of the lot area shall provide two times the minimum yard setback requirements for accessory uses. However, in no case shall the setback be less than 100 feet. Within the required setback, the minimum planted buffer width shall be 75 feet; where abutting a residential zone, the minimum planted buffer is 100 feet. See Subsection E regarding landscaping in buffer areas as delineated hereinbelow.
(c) 
Ground-mounted facilities which exceed 6% of the lot area shall provide two times the minimum yard setback requirements for principal structures. However, in no case shall the setback be less than 150 feet. Within the required setback, the minimum planted buffer width shall be 100 feet. See Subsection E regarding landscaping in buffer areas as delineated hereinbelow.
(d) 
No ground-mounted facility shall be placed in any front yard area or in any minimum front yard area.
(e) 
Security. All inverters, transformers and such other facility components that are designed to convert or modify electric current, or transmit electric flow to the transmission or distribution facility, shall be secured in accordance with the requirements of the UCC.
[Amended 3-5-2012 by Ord. No. 12-03]
(f) 
Landscaping of the buffer area shall be sufficient to achieve a visual screen of the array. See Landscaping in Buffer Areas as delineated hereinbelow.
(4) 
Ground-mounted solar and photovoltaic energy facilities in industrial zones: principal use.
(a) 
Ground-mounted principal use solar energy facilities may be installed on lots in industrial zones as specified below and containing a minimum area of at least 20 acres. Industrial zones are as follows:
[1] 
M-1 Limited Manufacturing Zone.
[2] 
M-1A Manufacturing Zone.
[3] 
M-1B Limited Manufacturing Zone (small lot).
[4] 
M-2 General Manufacturing Zone.
[5] 
M-3 Quarry Zone.
(b) 
Security. All inverters, transformers and such other facility components that are designed to convert or modify electric current, or transmit electric flow to the transmission or distribution facility, shall be secured in accordance with the requirements of the UCC.
[Amended 3-5-2012 by Ord. No. 12-03]
(c) 
Required setbacks of the generation facility.
[1] 
Where such generation facility array occupies a surface area of two acres or less:
[a] 
Three-hundred-foot setback from an existing residence not on the property; and
[b] 
Two hundred feet from all property lines and rights-of-way.
[c] 
Within the required setback, the minimum planted buffer width required is 100 feet. See Subsection E regarding landscaping in buffer areas in this section.
[2] 
Where such generation facility occupies a surface area of more than two acres:
[a] 
Three-hundred-foot setback from an existing residence not on the property; and
[b] 
Two hundred fifty feet from all property lines and rights-of-way.
[c] 
Within the required setback, the minimum planted buffer width required is 150 feet. See Subsection E regarding landscaping in buffer areas as delineated hereinbelow.
(5) 
Additional requirements for all ground-mounted solar energy facilities.
(a) 
Other than footings, which may be computed as impervious cover, facilities shall not be counted in the calculation of maximum impervious cover, unless the area under the equipment consists of an impervious material layer, such as pavement or stone.
(b) 
The design of the ground-mounted facility shall comply with all Township stormwater, grading, and soil disturbance regulations and the applicant shall take appropriate measures to prevent a concentrated flow of runoff.
(c) 
Ground-mounted facilities shall provide one or more of the following beneath the structures: mulch, shade-tolerant grasses or agricultural area for crops.
(d) 
The height of the ground-mounted solar or photovoltaic panels shall not exceed 20 feet.
(e) 
Ground-mounted solar energy facilities and substations as well as signage related thereto, shall be screened in accordance with the requirements of the UCC. See Subsection E regarding landscaping in buffer areas as delineated hereinbelow.
[Amended 3-5-2012 by Ord. No. 12-03]
(f) 
Site plan approval is required for all ground-mount facilities, which shall depict the following:
[1] 
Written description of the facility, describing the facility's provisions, connections, design information, transformer location and calculated decibel level at the property lines.
[2] 
Property lines and physical dimensions of the property by a licensed land surveyor.
[3] 
Locations, dimensions and use of all existing structures on the property.
[4] 
Location of the solar or photovoltaic facility and dimensions to all property lines.
[5] 
Location of proposed and existing overhead utility lines.
[6] 
Location of any proposed or existing substation, inverter or transformer.
[7] 
Description and design of how the energy generated by the facility will be transmitted to the larger electrical distribution facility.
[8] 
The location and elevations and design details of all transmission lines, support structures and attachments to substation(s).
[9] 
Decommissioning plan,
[10] 
Landscaping plan.
(6) 
Requirements for all renewable solar energy facilities (roof and ground).
(a) 
Solar energy facility construction shall be in accordance with the appropriate sections of the Basic Building Code, as adopted and as currently amended by the State of New Jersey, and any future amendments and/or revisions to same.
(b) 
The property owner and/or installer of the solar panel installation shall receive approvals from any outside agencies having jurisdiction over the project prior to the installation.
(c) 
All electric lines/utility wires shall be buried underground, as applicable and by applicable regulation and/or code. All electric lines/utility wires leading down the side of the structure from rooftop installations shall be placed and tacked as aesthetically as possible.
(d) 
Any approval of a solar energy facility does not create any actual or inferred solar energy facility easements against adjacent properties and/or structures. The occupant and/or property owner of a solar energy facility shall not have any rights to protective writs to any caused shadows or operating ineffectiveness against future development adjacent to or higher than the property location of the solar energy facility. The approval of any solar energy facility granted by the Township of Bridgewater under this section shall not create any future liability or infer any vested rights to the owner and/or property owner of the solar energy facility against the Township of Bridgewater or by any other officer or employee thereof for any future claims against said issuance of approval of the solar energy facility that results from reliance on this section or any administrative decision lawfully made thereunder.
(e) 
Unless otherwise provided in this section, there shall be no signs posted on any renewable energy facility or any associated building or structure, except for the manufacturer's or installer's identification, appropriate warning signs located at the authorized FDC hookup, or owner identification. No such signs shall be of a size which is able to be read from a public road or abutting property.
(f) 
Wind energy facilities and ground-mounted solar energy facilities shall have the electrical and control equipment labeled and secured to prevent unauthorized access.
(g) 
Noise from all Renewable Energy Facilities shall comply with the following:
[1] 
Sound levels from the facility in or abutting a residential zone shall be in compliance with the maximum permissible A-weighted sound levels and the maximum permissible octave band sound pressure levels in decibels as defined in Chapter 142, entitled Noise.
[2] 
Sound levels from the facility in or abutting a nonresidential or commercial zone or use shall be in compliance with the maximum permissible A-weighted sound levels and the maximum permissible octave band sound pressure levels in decibels as defined in Chapter 142, entitled Noise.
(h) 
All applications for a solar energy facility or a wind energy facility shall conform to the provisions of Article XXXVIA of Chapter 126 (Land Use) of the Municipal Code of the Township of Bridgewater with respect to tree removal. Any trees to be removed, in excess of that permitted under the exemptions of the tree removal and protection section of Article XXXVIA, shall be accompanied by a plan demonstrating the need to remove the trees and replacement of the trees in accordance with the provisions of Article XXXVIA. An applicant shall locate a solar energy or small wind energy system so that tree removal is not required, to the extent practical.
[Amended 3-5-2012 by Ord. No. 12-03]
(i) 
The installation of a solar energy facility or a wind energy facility shall conform to the National Electric Code, as adopted by the New Jersey Department of Community Affairs.
(j) 
Solar energy facility and all associated equipment shall remain painted or finished in the color or finish that was originally applied by the manufacturer, unless a different color or finish is approved by the Township Planner. It is recommended that colors and finish match the surroundings of the installation, to the extent reasonably possible.
(7) 
Design standards.
(a) 
The design of solar energy facility, including rooftop installations, shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend into the natural setting and existing environment.
(8) 
Notice and labeling.
[Amended 3-5-2012 by Ord. No. 12-03]
(a) 
A sign or signs shall be posted with respect to the interconnection cabinet, warning of high-voltage. The size and location of such sign(s) shall be in accordance with the requirements of the UCC. In addition, the information to be posted on the label or labels on the interconnection cabinet of the solar energy system shall be in accordance with the requirements of the UCC.
(b) 
Should the solar energy facility interconnection cabinet be located on the inside of the structure, a sign that one will find the existence of a solar energy system shall be located on the outside of the building, in accordance with the requirements of the UCC, in order to notify emergency personnel of the solar energy system.
D. 
Wind energy facilities.
(1) 
General.
(a) 
"Facility height" shall be defined as the height above grade of the tower plus the wind generator, including rotor diameter at its highest point.
(b) 
"Tower height" shall be defined as the height above grade of the fixed portion of the tower, excluding the wind generator and rotor diameter.
(c) 
All moving parts of the wind energy facility shall be sufficiently raised above the ground to afford adequate safety. The tower shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground.
(d) 
The site plan application shall be accompanied by a plot plan which includes the information required for site plan submission as well as the following:
[1] 
Written description of the facility, describing the facility's provisions, connections, design information, transformer location and calculated decibel level at the property lines.
[2] 
Property lines and physical dimensions of the property.
[3] 
Location, dimensions, and types of existing structures on the property.
[4] 
Identification of whether lighting will be required by the Federal Aviation Administration (FAA).
[5] 
Location of the proposed wind energy facility tower.
[6] 
The right-of-way of any public road that is contiguous with the property.
[7] 
Location of existing and proposed overhead utility lines.
[8] 
Facility specifications, including manufacturer and model, rotor diameter, facility height, tower type (freestanding or guyed).
[9] 
Location of any proposed substation or transformer.
[10] 
Description of how the energy generated by the facility will be transmitted to the larger electrical distribution facility.
[11] 
The location and elevations of all transmission lines, support structures and attachments to a substation(s).
(e) 
No portion of the wind generator shall extend beyond the setback line, nor be able to fall into or unto the following:
[1] 
Any public road right-of-way, unless written permission is granted by the government entity with jurisdiction over the road right-of-way.
[2] 
Any overhead utility lines, unless written permission is granted by the utility that owns and/or controls the lines.
(f) 
Access.
[1] 
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
[2] 
The tower shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground.
(g) 
Maintenance.
[1] 
All components of the system shall be maintained in accordance with the most current requirements contained within the Property Maintenance Code and the Uniform Construction Code adopted by the Township.
(2) 
Requirements.
(a) 
Wind renewable energy facilities shall be permitted as a principal or accessory use on industrially zoned lots containing at least 20 acres.
(b) 
Unless otherwise stated, all buildings shall comply with the standards of the zone district.
(c) 
Fencing of the substation is required. The fenced area shall be secured with an operating lock. The fence material shall be of solid composition and specifically colored to be unobtrusive.
(d) 
A wind tower and generator shall be set back a minimum distance of 150% of the facility height from all property lines. However, the setback to a lot containing a residential use or to a residential zone district shall in no event be less than 300 feet.
(e) 
Notwithstanding setback requirements which are applicable, no wind energy facility shall be located in a front yard or minimum front yard area.
(f) 
Substations shall be setback a minimum of 150 feet from a property line. However, the setback to a lot containing a residential use or to a residential zone district shall be no less than 300 feet.
(g) 
A landscaping buffer around the substation and any similar facility is required. See Subsection E regarding landscaping in buffer areas as delineated hereinbelow.
(h) 
A wind energy facility shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
(i) 
The wind generator and the tower shall be a neutral color that are appropriate for their locations and will allow the tower to be as unobtrusive as possible, unless otherwise required by the FAA.
E. 
Landscaping in buffer areas for all renewable energy facilities (wind or solar).
(1) 
All landscaping, as installed, shall conform to and be in accordance with the plan approved and signed by the Board. The minimum planted landscape area can also include natural woodland and understory, but must also contain plantings, or berms and plantings that will be maintained to achieve the objectives in this section. Prior to the issuance of a permanent certificate of occupancy, completion or compliance (whichever is applicable) and prior to the release of any performance guarantee, the landscaping shall be installed and a two-year maintenance guarantee in a form acceptable to the Township Attorney shall be posted in an amount acceptable to Township Engineer. If the applicant applies for a certificate of occupancy during a nonplanting season, the applicant may obtain a temporary certificate of occupancy without installation of the landscaping. In this case the applicant shall post a performance guarantee in a form acceptable to the governing body and in an amount acceptable to the Township Engineer guaranteeing installation of the landscaping during the next planting season and further guaranteeing the subsequent posting of a two-year maintenance guarantee. The applicant shall have a continuing obligation to maintain all landscaping for its intended purpose (i.e., for screening if planted for buffering purposes or for aesthetics if planted for enhancement purposes), which shall include but not be limited to repairing and/or replanting to the satisfaction of the Township Planner/Engineer any and all landscaping that becomes damaged and/or dies. This continuing maintenance obligation is in addition to, and notwithstanding, the fact that a maintenance guarantee may or may not be required in any particular application. In the event that the Township Zoning Officer determines that utilization of an outside expert (e.g., landscape architectural expert) is necessary to fulfill the intent of this section, all reasonable costs and expenses of such outside experts shall be reimbursed to the Township by the applicant.
(2) 
Where planted landscape buffer screening is required, the landscaping must be sufficient to ensure 75% screening within three years and 100% screening within five years.
(3) 
Wind energy facilities and substations shall be screened from view in addition to the solid fencing as follows: A dense or impervious visual screen of a combination of plantings, fence and/or earthen berm shall be provided. Evergreen plantings will be installed at 10 feet on center. A sufficient number of staggered rows of plant stock shall be provided to achieve the required visual screening.
(4) 
For ground-mounted solar energy facilities, a dense or impervious visual buffer screen of a combination of plantings or earthen berm shall be provided to be maintained at the design height of the ground-mount support structure. A landscape or impervious visual screen shall separate such facilities from properties in and abutting residential zones and uses, as required. A sufficient number of staggered rows of plant stock will be provided to achieve the visual screening within the required buffer width.
F. 
Abandonment and decommissioning of a renewable energy facility.
(1) 
A decommissioning plan will be submitted, for approval to the Municipal Engineer, for all renewable energy facilities that require board review. This plan will outline the requirements below and assure that the facility will be dismantled and describe how the land will be returned to its natural state, including grading and vegetation. The decommissioning plan shall specify a time schedule to fully decommission the facility once there has been abandonment, but in no event shall exceed 180 days. A demolition permit shall be secured for decommissioning.
(a) 
A renewable energy facility that is out of service for a continuous twelve-month period will be deemed to have been abandoned unless the facility is obviously inoperable, in which case the facility will be immediately declared abandoned.
(b) 
The Township may issue a notice of abandonment to the owner of a renewable energy facility that is deemed to have been abandoned. The notice shall be sent return receipt requested, indicating that the owner must actively pursue the requirements of the decommissioning of the facility.
(c) 
The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date.
(d) 
If the owner provides information that demonstrates the renewable energy facility has not been abandoned, the Township shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.
(e) 
If the Township Engineer or his designee determines that the renewable energy facility has been abandoned, the owner of the wind energy facility shall remove the renewable energy facility at the owner's sole expense within 180 days after the owner receives the notice of abandonment, in accordance with the decommissioning plan, if a plan has been submitted.
(f) 
In the event that the applicant fails to remove the renewable energy facility, the Township and/or its employees and/or contractors may enter the property to remove the renewable energy facility (but shall not be obligated to remove same) and, in the event that the Township performs the removal, all costs and expenses of such removal shall be reimbursed to the Township by the applicant. In the event the applicant fails to reimburse the Township, the Township may, to the extent permitted by law, place a lien on the property in the amount of the costs and expenses of said removal and, in the event that the Township incurs any additional costs and expenses in enforcing the lien and/or collecting the money owed, the applicant shall be obligated to reimburse the Township for the additional costs and expenses, including reasonable attorney's fees.
G. 
Zoning permit requirements and procedure: all renewable energy facilities (solar and wind).
(1) 
Permit. A zoning and building permit shall be required for the installation of all renewable energy systems. An owner shall submit an application for a zoning and construction permit to the Zoning Officer.
(2) 
Approval. If the zoning permit application is approved, the Zoning Officer will return one signed copy of the application with the zoning permit and retain the other copy with the application.
(3) 
Denial. If the zoning permit application is rejected, the Zoning Officer will notify the applicant in writing and provide a written statement of the reason why the application was rejected.
H. 
Administration and enforcement.
(1) 
This section shall be administered by the Zoning Officer or other Township of Bridgewater official as designated.
(2) 
The Zoning Officer, with reasonable notice except for emergencies, may enter any property for which a permit application has been applied for and/or permit been issued under this section to conduct an inspection to determine whether the conditions stated in the permit have been met.
(3) 
At the discretion of the Zoning Officer and the Bridgewater Township Construction Office for which a zoning, building and/or electrical permit was obtained, as applicable, the Township reserves the right to require the applicant to obtain and submit an "as-built" survey upon completion of the solar energy facility evidencing the exact location and height of the structures to ensure said installation is made in accordance with the requirements of the Township of Bridgewater.
(4) 
The Zoning Officer may issue orders to abate any violation of this section. The Zoning Officer may issue a citation for any violation of this section.
(5) 
The Zoning Officer may refer any violation of this section to the Township of Bridgewater Township Attorney for enforcement.
I. 
Violations and penalties.
(1) 
It is unlawful for any person to construct, install, or operate a renewable energy facility that is not in compliance with this section.
(2) 
A renewable energy facility installed prior to the adoption of this section is exempt from the requirements of this section.
(3) 
Any person who fails to comply with any provision of this section shall be subject to enforcement and penalties as provided in §§ 1-114 and 1-115 of the Bridgewater Township Code.
(4) 
Nothing in this section shall be construed to prevent the Township Council and/or Township officials of the Township of Bridgewater from using any other lawful means to enforce this section.
[1]
Editor's Note: Former § 126-335, Home occupations, as amended 9-18-1978 by Ord. No. 78-22, was repealed 5-18-1998 by Ord. No. 98-16. This ordinance also provided that any home occupation or home office usage pursuant to either site plans approved thereunder or under a variance approval prior to the adoption of this ordinance shall remain valid subject to the conditions of applicable ordinances, site plan approval or variance approval.
Signs for other than single-family residences shall be required to meet the standards established under the Site Plan Ordinance.[1] For single-family residences a sign indicating the name or address of the occupant may be permitted, provided that the sign shall be no larger than two square feet. A permitted home occupation may be included with the name of the occupant. Only one sign per dwelling unit is permitted in addition to a mailbox identification sign.
[1]
Editor's Note: See Part 8, Site Plan Review.
The following uses shall be permitted in all residential zones as accessory uses to principal permitted uses and under the following requirements:
A. 
Normal and usual outdoor lighting, such as walkway, security or post lights, is permitted for all uses in all zones.
B. 
Specific minimum dimensions from lot lines are based on zone where located and noted in Schedule of Area, Yard and Building Requirements[1] as may be modified by these regulations.
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.
C. 
Height. In all residential zones, no accessory building or structure shall exceed the height of the principal building or structure or 16 feet, whichever results in the lesser height. Accessory apartments which conform to § 126-339F of this code are permitted a maximum height of 20 feet.
[Added 11-18-1991 by Ord. No. 91-33]
A. 
Coverage. All accessory uses shall be included in computing maximum improved lot coverage. Lots in cluster developments approved by the Planning Board in which there is a dedication of permanent open space may utilize the maximum improved lot coverage for the zone in which the lots are located.
[Amended 6-20-2011 by Ord. No. 11-14]
B. 
Number. Not more than two accessory structures shall be permitted on any lot. Patios, radio towers, fences, outdoor utility installations and swimming pools shall not be included in calculating the maximum number of accessory uses.
[Amended 11-18-1991 by Ord. No. 91-33]
C. 
Principal structure required. All accessory uses or structures shall be located on the same lot as the principal permitted structure.
D. 
Site plan requirement. Site plans required by the Development Enforcement Officer shall contain sufficient information to ensure compliance with the requirements of this Part 12. All others shall contain the information and data required in the Site Plan Ordinance.[1]
[1]
Editor's Note: See Part 8, Site Plan Review.
E. 
Location on corner lots. Accessory uses on corner lots shall not be located closer to the side street property line than the required setback line for front yards on the side street.
F. 
Buffering. As part of site plan approval by the Development Enforcement Officer or Planning Board, landscaping and buffering shall be required to minimize any nuisance impact on surrounding properties.
A. 
Patios. Notwithstanding any other provisions of the Schedule of Area, Yard and Building Requirements, patios may be located not closer than five feet to any side or rear lot line.
B. 
Radio towers. Guy wires for radio towers may be located within one foot of side or rear property lines. The tower shall not cause a threat to adjacent properties. The height shall not exceed the distance to the nearest property line.
C. 
Accessory buildings, detached garages or storage sheds. The maximum size of such accessory uses shall be 1,000 square feet.
D. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection D, Fences, was repealed 6-7-2018 by Ord. No. 18-06. See now Ch. 196, Fences and Retaining Walls.
E. 
Horse barns. Notwithstanding any provisions of the Schedule of Area, Yard and Building Requirements, horse barns shall meet the following requirements: No horse or pony shall be kept on a lot having an area of less than 32,000 square feet. One such animal may be kept on a lot having an area of at least 32,000 square feet. No more than two such animals may be kept on a lot having an area of at least 40,000 square feet. No shelter for such an animal shall be within 50 feet of a property line or in any part of a front yard. No run or corral area for such an animal shall be within 25 feet of a property line or in any part of a front yard.
F. 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection F, Accessory dwelling units, added 9-19-1985 by Ord. No. 85-28, was repealed 7-7-2005 by Ord. No. 05-45.
G. 
Parking decks, whether attached to a principal structure or not, are exempt from the maximum size provisions of § 126-339C; however, all parking decks shall adhere to the minimum yard and setback requirements for principal buildings as required by the underlying zoning district.
[Added 11-18-1991 by Ord. No. 91-33]
Location Permitted
Accessory
Use
Lighting
Site Plan
Required
Front
Yard
Rear
Yard
Side
Yard
Swimming pools
In pool only
As required by the Development Enforcement Officer
X
X
Tennis, paddle ball or squash courts
None
Yes
X
Patios
Yes
As required by the Development Enforcement Officer
X
X
Storage sheds
N/A
As required by the Development Enforcement Officer
X
X
Accessory buildings
N/A
Yes
X
X
Detached garages
N/A
As required by the Development Enforcement Officer
X
X
Radio towers
N/A
As required by the Development Enforcement Officer
X
X
Horse barns
N/A
Yes
X
Fences
N/A
As required by the Development Enforcement Officer
X
X
X
Outdoor utility installations
N/A
Yes
X
X
X
Heliports
Yes
Similar facilities
[Added 9-20-2012 by Ord. No. 12-20]
A. 
Permanent standby generators.
(1) 
Applicability. This section shall apply to the owners and/or occupiers of a one-family dwelling or a two-family dwelling as those terms are defined in the definition section (§ 126-2) of Chapter 126, Land Use, of the Township Municipal Code who wish to install and utilize an outdoor standby generator. This section and its requirements shall not apply to portable generators.
(2) 
Purpose and permission. Permission is hereby granted to the owners and/or occupiers of a one- or two-family dwelling to install and utilize an outdoor permanent standby generator, subject to the requirements delineated below.
(3) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
PERMANENT STANDBY GENERATORS
Generators permanently connected to the building's electrical systems in order to provide backup power in the event of power outages.
PORTABLE GENERATOR
Generators not permanently connected to the building's electric systems, use a self-contained fuel source and have wheels or are light enough to be carried.
(4) 
Distance requirements.
(a) 
A permanent standby generator cannot be located in the front yard of any property.
(b) 
A permanent standby generator may only be located in the rear or side yards of the property.
(c) 
Setbacks. All property owners or occupiers of dwellings to whom this section is applicable shall meet the setback requirements for accessory structures and uses, based on the zoning district in which the property is located. In the event the installation of a standby generator cannot meet the setback requirements applicable to such property based on the zoning district it is located in and the proposed location of the generator, then the setback requirements may at the reasonable discretion of the Zoning Officer be replaced with the following requirements: five feet from the rear property line; five feet from the side property lines.
(d) 
Location of the permanent standby generator relative to the dwelling. The generator shall be located in accordance with its manufacturer's installation instructions or the building codes adopted by the State of New Jersey, whichever is more stringent.
(5) 
Impact on neighboring properties.
(a) 
All such generators shall be placed so as to minimize the visual impact on adjacent properties with the use of appropriate sound-attenuating architectural materials and landscape screen.
(b) 
The noise level of such a generator, when in use, shall not create a nuisance as determined by the New Jersey State noise statutes and regulations.
(6) 
Time of use. The generator shall only be used during electrical power outages and as required by the manufacturer for maintenance purposes. Maintenance operation shall only take place during day light hours between the hours of 10:00 a.m. and 5:00 p.m. not to exceed once a week.
(7) 
Fuel. The generator shall operate only on liquid gas propane fuel or natural gas (diesel fuel may be used as an alternate).
(8) 
Permits and applicable codes. All such property owners seeking to install an outdoor permanent standby emergency backup generator must file an application with the Construction Department prior to installation and receive permits as necessary before any work can be commenced. The Uniform Construction Code (UCC), adopted both in New Jersey and the Township of Bridgewater, shall be complied with. This means that the property owner shall comply with all municipal ordinances and state-adopted codes (i.e., National Electric Code, National Fire Protection Association Code, International Fuel Gas Code, etc.).
(9) 
Size and capacity of permanent standby generator. The permanent standby generator to be installed shall not exceed a capacity of 75 kw.
Uses with accessory outdoor storage areas, such as building materials, yards, or research facilities with outdoor storage tanks, shall be governed by the following requirements:
A. 
Abutting R Zones. They shall not abut existing residential development, a residential street or any residential zone.
B. 
Flammable and explosive liquids. No flammable or explosive liquids, solids or gases shall be stored above ground unless as otherwise required by applicable federal, state or local regulations: Tanks or drums of fuel directly connecting with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.
[Amended 11-18-1991 by Ord. No. 91-33]
C. 
Fencing and setbacks. All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property land shall meet all required setbacks for the zone in which located. This provision shall not apply to outdoor storage of new cars or other vehicles on the premises of a dealer.
D. 
Storage of wastes. No materials or wastes shall be stored on any premises in such form or manner that they may be transferred off such premises by natural causes or forces.
E. 
Other hazardous materials. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.
[Amended 11-18-1991 by Ord. No. 91-33; 12-21-2020 by Ord. No. 20-24]
A. 
There shall be no more than one permitted commercially registered vehicle as defined by the Motor Vehicle Code of the State of New Jersey (N.J.S.A. 39:1-1 et seq.) per authorized dwelling unit of the types identified herein parked on any lot zoned for residential purposes, as well as on both sides of the street in front of any residential use or directly across the street from any residential use, between the hours of 7:00 p.m. and 7:00 a.m. The following commercially registered vehicles are permitted overnight on a residential property or in a residential zone subject to the following conditions:
(1) 
Vehicles with a gross vehicle weight rating of 10,000 pounds or less and excluding trucks commonly identified as "box" and "walk-in" trucks of any gross vehicle weight.
(a) 
Examples of permitted vehicles include, but are not limited to, minivans, full-size and heavy-duty pickups, utility vans, multipurpose vehicles; and those types of vehicles must be owned or used by a resident of the premises and used as the customary means of transportation to and from work, and; it must be demonstrated that the vehicle cannot be parked in a garage or other permanent enclosed structure on site.
(b) 
Heavy-duty pickup trucks and van conversions with a gross vehicle weight rating of 14,000 pounds or less are permitted, provided that such vehicles are to be used as utility vehicles (used for trade purposes), and further provided that such vehicles have either an open or enclosed bed with neither racks nor stakes.
(2) 
The vehicle shall not obstruct any pedestrian or vehicular traffic and be no closer than five feet from a side or rear property line. To the extent feasible, the vehicle shall be screened by a combination of fencing and/or landscaping to provide year-round screening. Wherever possible, the vehicle shall be parked in a side or rear yard.
(3) 
The vehicle shall not be parked on a grassed area, lawn area, or an otherwise landscaped area.
(4) 
The outside storage of any materials or equipment associated with the commercial vehicle is prohibited.
B. 
The following types of commercial vehicles are prohibited from being parked on any street in any zone between the hours of 7:00 p.m. and 7:00 a.m. except when engaged in providing emergency repair services or actively engaged in moving the residents of the premises.
(1) 
All commercial vehicles with a gross vehicle weight of more than 10,000 pounds including but not limited to large walk-in trucks, box trucks, dump trucks, rack and stake body trucks, grain body trucks, tractors and tractor-trailers;
(2) 
Buses or vans registered for more than 11 passengers, with the exception of school buses registered for 16 or fewer passengers that comply with applicable USDOT Federal Motor Vehicle Safety Standards, provided that same are parked on a lot and not on the street;
C. 
No commercial vehicle of any kind shall be parked on any street, lot, avenue, highway or portion thereof that is located in a residential use in any zone, as well as on both sides of the street in front of any residential use or directly across the street from any residential use, that contains any form of advertising or display beyond the requirement of N.J.S.A. 39:4-46 not permanently affixed by paint, stencil, or comparable process onto the body of the vehicle.
D. 
Enforcement officers and procedure. The agencies and officers of the Township of Bridgewater that shall be charged with the enforcement of this chapter are the Township of Bridgewater Zoning Officer or his designated representative, the Township of Bridgewater Police Department and its police officers and the Health Officer or his designated representative. These agencies or officers may act individually or in conjunction with one another in the enforcement of this chapter.
E. 
Violation and penalties. Unless another penalty is expressly provided by New Jersey statute, every person convicted of a violation of a provision of this chapter, including attached schedules, or any supplements thereto, amendments thereto or revisions thereto shall be liable to a penalty of not less than $100 and more than $500 or imprisonment for a term not exceeding 90 days, or both.
[Added 5-19-1980 by Ord. No. 80-18]
Uses in the MPD Zone shall be subject to the following additional requirements:
A. 
Where a medical district use abuts or is located across a street from a residential use, a landscaped buffer will be required, as indicated in § 126-193A.
B. 
Each use in the medical district will be required to comply with the district plan for stormwater control, design features and site amenities.
C. 
Parking requirements shall be one space per 250 square feet of usable building floor area. Parking is permitted within the front yard setback.
[Added 9-19-1985 by Ord. No. 85-28; amended 3-4-1988 by Ord. No. 88-1; 5-16-1994 by Ord. No. 94-12; 5-16-1994 by Ord. No. 94-13; 8-4-2003 by Ord. No. 03-29; 12-1-2008 by Ord. No. 08-30; 7-18-2011 by Ord. No. 11-18; 6-4-2020 by Ord. No. 20-14; 3-5-2026 by Ord. No. 26-01]
A. 
Introduction and applicability.
(1) 
This section of the Code sets forth regulations regarding the very low-, low- and moderate-income housing units in the Township of Bridgewater consistent with the provisions outlined in P.L 2024, Chapter 2, including the amended Fair Housing Act ("FHA") at N.J.S.A. 52:27D-301 et seq., as well as the Department of Community Affairs, Division of Local Planning Services ("LPS") at N.J.A.C. 5:99 et seq., statutorily upheld existing regulations of the now-defunct Council on Affordable Housing ("COAH") at N.J.A.C. 5:93 and 5:97, the Uniform Housing Affordability Controls ("UHAC") at N.J.A.C. 5:80-26.1 et seq., and as reflected in the adopted municipal Fourth Round Housing Element and Fair Share Plan ("HEFSP").
(2) 
This section is intended to ensure that very low-, low- and moderate-income units ("affordable units") are created with controls on affordability over time and that very low-, low- and moderate-income households shall occupy these units pursuant to statutory requirements. This section shall apply to all inclusionary developments, individual affordable units, and 100% affordable housing developments except where inconsistent with applicable law. Low-Income Housing Tax Credit financed developments shall adhere to the provisions set forth below in Subsection A(5)(c) below.
(3) 
The Township of Bridgewater Planning Board has adopted a HEFSP pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1, et seq. The Fair Share Plan describes the ways the municipality shall address its fair share of very low-, low- and moderate-income housing as approved by the Superior Court and documented in the Housing Element.
(4) 
This section implements and incorporates the relevant provisions of the HEFSP and addresses the requirements of P.L 2024, Chapter 2, the FHA, N.J.A.C. 5:99, NJ Supreme Court upheld COAH regulations at N.J.A.C. 5:93 and 5:97, and UHAC at N.J.A.C. 5:80-26.1, as may be amended and supplemented.
(5) 
Applicability.
(a) 
The provisions of this section shall apply to all affordable housing developments and affordable housing units that currently exist and that are proposed to be created pursuant to the municipality's most recently adopted HEFSP.
(b) 
This section shall apply to all developments that contain very low-, low- and moderate-income housing units included in the Municipal HEFSP, including any unanticipated future developments that will provide very low-, low- and moderate-income housing units.
(c) 
Projects receiving federal Low Income Housing Tax Credit financing and are proposed for credit shall comply with the low/moderate split and bedroom distribution requirements, maximum initial rents and sales prices requirements, affirmative fair marketing requirements of UHAC at N.J.A.C. 5:80-26.16 and the length of the affordability controls applicable to such projects shall be not less than a thirty-year compliance period plus a fifteen-year extended-use period, for a total of not less than 45 years.
B. 
Definitions. As used herein the following terms shall have the following meanings:
95/5 RESTRICTION
Means a deed restriction governing a restricted ownership unit that is part of a housing element that received substantive certification from COAH pursuant to N.J.A.C. 5:93, as it was in effect at the time of the receipt of substantive certification, before October 1, 2001, or any other deed restriction governing a restricted ownership unit with a seller repayment option requiring 95% of the price differential to be paid to the municipality or an instrument of the municipality at the closing of a sale at market price.
ACCESSORY APARTMENTS
Means a residential dwelling unit that provides complete independent living facilities with a private entrance for one or more persons, consisting of provisions for living, sleeping, eating, sanitation, and cooking, including a stove and refrigerator, and is located within a proposed preexisting primary dwelling, within an existing or proposed structure that is an accessory to a dwelling on the same lot, constructed in whole or part as an extension to a proposed or existing primary dwelling, or constructed as a separate detached structure on the same lot as the existing or proposed primary dwelling. Accessory apartments are also referred to as "accessory dwelling units".
ACT
Means the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
ADAPTABLE
Means constructed in compliance with the technical design standards of the barrier free subcode adopted by the Commissioner of Community Affairs pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and in accordance with the provisions of section 5 of P.L. 2005, c. 350 (N.J.S.A. 52:27D-123.15).
ADMINISTRATIVE AGENT
Means the entity approved by the Division responsible for the administration of affordable units, in accordance with N.J.A.C. 5:99-7, and UHAC at N.J.A.C. 5:80-26.15.
AFFIRMATIVE MARKETING
Means a regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.16.
AFFIRMATIVE MARKETING PLAN
Means the municipally adopted plan of strategies from which the administrative agent will choose to implement as part of the Affirmative Marketing requirements.
AFFIRMATIVE MARKETING PROCESS OR PROGRAM
Means the actual undertaking of Affirmative Marketing activities in furtherance of each project with very low- low- and moderate-income units.
AFFORDABILITY ASSISTANCE
Means the use of funds to render housing units more affordable to low- and moderate-income households and includes, but is not limited to, down payment assistance, security deposit assistance, low interest loans, rental assistance, assistance with homeowner's association or condominium fees and special assessments, common maintenance expenses, and assistance with emergency repairs and rehabilitation to bring deed-restricted units up to code, pursuant to N.J.A.C. 5:99-2.5.
AFFORDABILITY AVERAGE
Means an average of the percentage of regional median income at which restricted units in an affordable development are affordable to low- and moderate-income households.
AFFORDABLE
Means, in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth at N.J.A.C. 5:80-26.7 and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth at N.J.A.C. 5:80-26.13.
AFFORDABLE HOUSING DEVELOPMENT
Means a development included in a municipality's housing element and fair share plan, and includes, but is not limited to, an inclusionary development, a municipally sponsored affordable housing project, or a 100% affordable development. This includes developments with affordable units on-site, off-site, or provided as a payment in-lieu of construction only if such a payment-in-lieu option has been previously approved by the Program or Superior Court as part of the HEFSP. Payments in lieu of construction were invalidated per P.L. 2024, c.2.
AFFORDABLE HOUSING DISPUTE RESOLUTION PROGRAM OR THE PROGRAM
Refers to the dispute resolution program established pursuant to N.J.S.A. 52:27D-313.2.
AFFORDABLE HOUSING MONITORING SYSTEM OR AHMS
Means the Department's cloud-based software application, which shall be the central repository for municipalities to use for reporting detailed information regarding affordable housing developments, affordable housing unit completions, and the collection and expenditures of funds deposited into the municipal affordable housing trust fund.
AFFORDABLE HOUSING TRUST FUND OR AHTF
Means that non-lapsing, revolving trust fund established in DCA pursuant to N.J.S.A. 52:27D-320 and N.J.A.C. 5:43 to be the repository of all State funds appropriated for affordable housing purposes. All references to the "Neighborhood Preservation Nonlapsing Revolving Fund" and "Balanced Housing" mean the AHTF.
AFFORDABLE UNIT
Means a housing unit proposed or developed pursuant to the Act, including units created with municipal affordable housing trust funds.
AGE-RESTRICTED HOUSING
Means a housing unit that is designed to meet the needs of, and is exclusively for, an age-restricted segment of the population such that: 1. All the residents of the development where the unit is situated are 62 years or older; 2. At least 80% of the units are occupied by one person that is 55 years or older; or 3. The development has been designated by the Secretary of HUD as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
AGENCY
Means the New Jersey Housing and Mortgage Finance Agency established by P.L.1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
ASSISTED LIVING RESIDENCE
Means a facility licensed by the New Jersey Department of Health to provide apartment-style housing and congregate dining and to ensure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor. Apartment units must offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette, and a lockable door on the unit entrance.
BARRIER-FREE ESCROW
Means the holding of funds collected to adapt affordable unit entrances to be accessible in accordance with N.J.S.A. 52:27D-311a et seq. Such funds shall be held in a municipal affordable housing trust fund pursuant to N.J.A.C. 5:99-2.6.
BUILDER'S REMEDY
Means court-imposed site-specific relief for a litigant who seeks to build affordable housing for which the court requires a municipality to utilize zoning techniques, such as mandatory set-asides or density bonuses, including techniques which provide for the economic viability of a residential development by including housing that is not for low- and moderate-income households.
CERTIFIED HOUSEHOLD
Means a household that has been certified by an administrative agent as a very-low-income household, a low-income household, or a moderate-income household.
CHOICE
Means the no-longer-active Choices in Homeownership Incentives for Everyone Program, as it was authorized by the Agency.
COAH OR THE COUNCIL
Means the Council on Affordable Housing established in, but not of, DCA pursuant to the Act and that was abolished effective March 20, 2024, pursuant to section 3 at P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1).
COMMISSIONER
Means the Commissioner of the Department of Community Affairs.
COMPLIANCE CERTIFICATION
Means the certification obtained by a municipality pursuant to section 3 of P.L.2024, c. 2 (N.J.S.A. 52:27D-304.1), that protects the municipality from exclusionary zoning litigation during the current round of present and prospective need and through July 1 of the year the next round begins, which is also known as a "judgment of compliance" or "judgment of repose." The term "compliance certification" shall include a judgment of repose granted in an action filed pursuant to section 13 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-313).
CONSTRUCTION
Means new construction and additions, but does not include alterations, reconstruction, renovations, conversion, relocation, or repairs, as those terms are defined in the State Uniform Construction Code promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
COUNTY-LEVEL HOUSING JUDGE
Means a judge appointed pursuant to section 5 at P.L. 2024, c. 2, to resolve disputes over the compliance of municipal fair share affordable housing obligations and municipal Fair Share plans and housing elements with the Act.
DCA AND DEPARTMENT
Mean the State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT
Means a housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load bearing structural systems.
DEPARTMENT
Means the New Jersey Department of Community Affairs.
DEVELOPER
Means the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
Means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or of any mining, excavation, or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
DEVELOPMENT FEE
Means money paid by a developer for the improvement of residential and non-residential property as permitted pursuant to N.J.S.A. 52:27D-329.2 and 40:55D-8.1 through 40:55D-8.7 and N.J.A.C. 5:99-3.
DISPUTE RESOLUTION PROGRAM
Means the Affordable Housing Dispute Resolution Program, established pursuant to section 5 at P.L. 2024, c. 2 (N.J.S.A. 52:27D-313.2).
DIVISION
Means the Division of Local Planning Services within the Department of Community Affairs.
EMERGENT OPPORTUNITY
Means a circumstance that has arisen whereby affordable housing will be able to be produced through a delivery mechanism not originally contemplated by or included in a fair share plan that has been the subject of a compliance certification.
EQUALIZED ASSESSED VALUE OR EAV
Means the assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with sections 1, 5, and 6 at P.L. 1973, c. 123 (N.J.S.A. 54:1-35a, 54:1-35b,and 54:1-35c). Estimates at the time of building permit may be obtained by the tax assessor using construction cost estimates. Final EAV shall be determined at project completion by the municipal assessor.
EQUITY SHARE AMOUNT
Means the product of the price differential and the equity share, with the equity share being the whole number of years that have elapsed since the last non-exempt sale of a restricted ownership unit, divided by 100, except that the equity share may not be less than 5% and may not exceed 30%.
EXCLUSIONARY ZONING LITIGATION
Means litigation challenging the fair share plan, housing element, ordinances, or resolutions that implement the fair share plan or housing element of a municipality based on alleged noncompliance with the Act or the Mount Laurel doctrine, which litigation shall include, but shall not be limited to, litigation seeking a builder's remedy.
EXIT SALE
Means the first authorized non-exempt sale of a restricted unit following the end of the control period, which sale terminates the affordability controls on the unit.
EXTENSION OF EXPIRING CONTROLS
Means extending the deed restriction period on units where the controls will expire in the current round of a housing obligation, so that the total years of a deed restriction is at least 60 years.
FAIR SHARE OBLIGATION
Means the total of the present need and prospective need, including prior rounds, as determined by the Affordable Housing Dispute Resolution Program, or a court of competent jurisdiction.
FAIR SHARE PLAN
Means the plan or proposal, with accompanying ordinances and resolutions, by which a municipality proposes to satisfy its constitutional obligation to create a realistic opportunity to meet its fair share of low- and moderate-income housing needs of its region and which details the affirmative measures the municipality proposes to undertake to achieve its fair share of low- and moderate-income housing, as provided in the municipal housing element, and which addresses the development regulations necessary to implement the housing element, including, but not limited to, inclusionary requirements and development fees, and the elimination of unnecessary housing cost-generating features from the municipal land use ordinances and regulations.
FHA
Means the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
GREEN BUILDING STRATEGIES
Means the strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
HMFA OR THE AGENCY
Means the New Jersey Housing and Mortgage Finance Agency established pursuant to P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
HOUSEHOLD INCOME
Means a household's gross annual income calculated in a manner consistent with the determination of annual income pursuant to section 8 of the United States Housing Act of 1937 (Section 8), not in accordance with the determination of gross income for Federal income tax liability.
HOUSING ELEMENT
Means the portion of a municipality's master plan adopted in accordance with the Municipal Land Use Law (MLUL) at N.J.S.A. 40:55D-28.b(3) and the Act consisting of reports, statements proposals, maps, diagrams, and text designed to meet the municipality's fair share of its region's present and prospective housing needs, particularly with regard to low- and moderate-income housing, which shall include the municipal present and prospective obligation for affordable housing, determined pursuant to subsection f. at N.J.S.A. 52:27D-304.1.
HOUSING REGION
Means a geographic area established pursuant to N.J.S.A. 52:27D-304.2b.
INCLUSIONARY DEVELOPMENT
Means a residential housing development in which a substantial percentage of the housing units are provided for a reasonable income range of low- and moderate-income households.
JUDGMENT OF COMPLIANCE OR JUDGMENT FOR REPOSE
Means a determination issued by the Superior Court approving a municipality's fair share plan to satisfy its affordable housing obligation for a particular ten-year round.
LOW-INCOME HOUSEHOLD
Means a household with a household income equal to 50% or less of the regional median income.
LOW-INCOME UNIT
Means a restricted unit that is affordable to a low-income household.
MAJOR SYSTEM
Means the primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load bearing structural systems.
MIXED USE DEVELOPMENT
Means any development that includes both a non-residential development component and a residential development component, and shall include developments for which: (1) there is a common developer for both the residential development component and the non-residential development component, provided that for purposes of this definition, multiple persons and entities maybe considered a common developer if there is a contractual relationship among them obligating each entity to develop at least a portion of the residential or non-residential development, or both, or otherwise to contribute resources to the development; and (2) the residential and non-residential developments are located on the same lot or adjoining lots, including, but not limited to, lots separated by a street, a river, or another geographical feature.
MODERATE-INCOME HOUSEHOLD
Means a household with a household income in excess of 50% but less than 80% of the regional median income.
MODERATE-INCOME UNIT
Means a restricted unit that is affordable to a moderate-income household.
MONI
Means the no-longer-active Market Oriented Neighborhood Investment Program, as it was authorized by the Agency.
MUNICIPAL AFFORDABLE HOUSING TRUST FUND
Means a separate, interest-bearing account held by a municipality for the deposit of development fees, payments in lieu of constructing affordable units on sites zoned for affordable housing previously approved prior to March 20, 2024 (per P.L. 2024, c. 2), barrier-free escrow funds, recapture funds, proceeds from the sale of affordable units, rental income, repayments from affordable housing program loans, enforcement fines, unexpended RCA funds remaining from a completed RCA project, application fees, and any other funds collected by the municipality in connection with its affordable housing programs, which shall be used to address municipal low- and moderate-income housing obligations within the time frames established by the Legislature and this chapter.
MUNICIPAL DEVELOPMENT FEE ORDINANCE
Means an ordinance adopted by the governing body of a municipality that authorizes the collection of development fees.
MUNICIPAL HOUSING LIAISON OR MHL
Means an appointed municipal employee who is, pursuant to N.J.A.C. 5:99-6, responsible for oversight and/or administration of the affordable units created within the municipality.
NEW CONSTRUCTION
Means the creation of a new housing unit under regulation by a code enforcement official regardless of the means by which the unit is created. Newly constructed units are evidenced by the issuance of a certificate of occupancy and may include new residences created through additions and alterations, adaptive reuse, subdivision, or conversion of existing space, and moving a structure from one location to another.
NEW JERSEY AFFORDABLE HOUSING TRUST FUND
Means an account established pursuant to N.J.S.A. 52:27D-320.
NEW JERSEY HOUSING RESOURCE CENTER OR HOUSING RESOURCE CENTER
Means the online affordable housing listing portal, or its successor, overseen by the Agency pursuant to N.J.S.A. 52:27D-321.3 et seq.
NON-EXEMPT SALE
Means any sale or transfer of ownership of a restricted unit to one's self or to another individual other than the transfer of ownership between spouses or civil union partners; the transfer of ownership between former spouses or civil union partners ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a class A beneficiary; and the transfer of ownership by court order.
NON-RESIDENTIAL DEVELOPMENT
Means:
(1) 
Any building or structure, or portion thereof, including, but not limited to, any appurtenant improvements, which is designated to a use group other than a residential use group according to the State Uniform Construction Code, N.J.A.C. 5:23, promulgated to effectuate the State uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., including any subsequent amendments or revisions thereto;
(2) 
Hotels, motels, vacation timeshares, and child-care facilities; and
(3) 
The entirety of all continuing care facilities within a continuing care retirement community which is subject to the Continuing Care Retirement Community Regulation and Financial Disclosure Act, N.J.S.A.52:27D-330 et seq.
NON-RESIDENTIAL DEVELOPMENT FEE
Means the fee authorized to be imposed pursuant to N.J.S.A. 40:55D-8.1 through 40:55D-8.7.
NONPROFIT
Means an organization granted nonprofit status in accordance with section 501(c)(3) of the Internal Revenue Code.
ORDER FOR REPOSE
Means the protection a municipality has from a builder's remedy lawsuit for a period of time from the entry of a judgment of compliance by the Superior Court. A judgment of compliance often results in an order for repose.
PAYMENT IN LIEU OF CONSTRUCTING AFFORDABLE UNITS
Means the prior approval of the payment of funds to the municipality by a developer when affordable units are were not produced on a site zoned for an inclusionary development. The statutory permission for payments in lieu of constructing affordable units was eliminated per P.L. 2024, c.2.
PERSON WITH A DISABILITY
Means a person with a physical disability, infirmity, malformation, or disfigurement which is caused by bodily injury, birth defect, aging, or illness including epilepsy and other seizure disorders, and which shall include, but not be limited to, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impairment, the inability to speak or a speech impairment, or physical reliance on a service animal, wheelchair, or other remedial appliance or device.
PRICE DIFFERENTIAL
Means the difference between the controlled sale price of a restricted unit and the contract price at the exit sale of the unit, determined as of the date of a proposed contract of sale for the unit. If there is no proposed contract of sale, the price differential is the difference between the controlled sale price of a restricted unit and the appraised value of the unit as if it were not subject to UHAC, determined as of the date of the appraisal. If the controlled sale price exceeds the contract price or, in the absence of a contract price, the appraised value, the price differential is zero dollars.
PRIOR ROUND UNIT
Means a housing unit that addresses a municipality's fair share obligation from a round prior to the fourth round of affordable housing obligations, including any unit that: (1) received substantive certification from COAH; (2) is part of a third-round settlement agreement or judgment of compliance approved by a court of competent jurisdiction, inclusive of units created pursuant to a zoning designation adopted as part of the settlement agreement or judgment of compliance to create a realistic opportunity for development; (3) is subject to a grant agreement or other contract with either the State or a political subdivision thereof entered into prior to July 1, 2025, pursuant to either item (1) or (2) above; or (4) otherwise addresses a municipality's fair share obligation from a round prior to the fourth round of affordable housing obligations. A unit created after the enactment of P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1) on March 20, 2024, is not a prior round unit unless: (1) it is created pursuant to a prior round development plan or zoning designation that received COAH or court approval on or before the cutoff date of June 30, 2025, or the date that the municipality adopts the implementing ordinances and resolutions for the fourth round of affordable housing obligations, whichever occurs sooner; and (2) its siting and creation are consistent with the form of the prior round development plan or zoning designation in effect as of the cutoff date, without any amendment or variance.
PROGRAM
Means the Affordable Housing Dispute Resolution Program, established pursuant to section 5 of P.L. 2024, c. 2 (N.J.S.A. 52:27D-313.2).
PROSPECTIVE NEED
Means a projection of housing needs based on development and growth which is reasonably likely to occur in a region or a municipality, as the case may be, as a result of actual determination of public and private entities. Prospective need shall be determined by the methodology set forth pursuant to sections 6 and 7 of P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.2 and N.J.S.A. 52:27D-304.3) for the fourth round and all future rounds of housing obligations.
QUALIFIED URBAN AID MUNICIPALITY
Means a municipality that meets the criteria established pursuant to N.J.S.A. 52:27D-304.3.c(1).
RANDOM SELECTION PROCESS
Means a lottery process by which currently income-eligible applicant-households are selected, at random, for placement in affordable housing units such that no preference is given to one applicant over another, except in the case of a veterans' preference where such an agreement exists; for purposes of matching household income and size with an appropriately priced and sized affordable unit; or another purpose allowed pursuant to N.J.A.C. 5:80-26.7(k)3. This definition excludes any practices that would allow affordable housing units to be leased or sold on a first-come, first-served basis.
RCA ADMINISTRATOR
Means an appointed municipal employee who is responsible for oversight and/or administration of affordable units and associated revenues and expenditures within the municipality that were funded through regional contribution agreements.
RCA PROJECT PLAN
Means a past application, submitted by a receiving municipality in an RCA, delineating the manner in which the receiving municipality intended to create or rehabilitate low- and moderate-income housing.
RECEIVING MUNICIPALITY
Means, for the purposes of an RCA, a municipality that contractually agreed to assume a portion of another municipality's fair share obligation.
RECONSTRUCTION
Means any project where the extent and nature of the work is such that the work area cannot be occupied while the work is in progress and where a new certificate of occupancy is required before the work area can be reoccupied, pursuant to the Rehabilitation Subcode of the uniform Construction Code, N.J.A.C. 5:23-6. Reconstruction shall not include projects comprised only of floor finish replacement, painting or wallpapering, or the replacement of equipment or furnishings. Asbestos hazard abatement and lead hazard abatement projects shall not be classified as reconstruction solely because occupancy of the work area is not permitted.
RECREATIONAL FACILITIES AND COMMUNITY CENTERS
Means any indoor or outdoor buildings, spaces, structures, or improvements intended for active or passive recreation, including, but not limited to, ballfields, meeting halls, and classrooms, accommodating either organized or informal activity.
REGIONAL CONTRIBUTION AGREEMENT OR RCA
Means a contractual agreement, pursuant to the Act, into which two municipalities voluntarily entered into and was approved by COAH and/or Superior Court prior to July 18, 2008, to transfer a portion of a municipality's affordable housing obligation to another municipality within its housing region.
REGIONAL MEDIAN INCOME
Means the median income by household size for an applicable housing region, as calculated annually in accordance with N.J.A.C. 5:80-26.3.
REHABILITATION
Means the repair, renovation, alteration, or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
RENT
Means the gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. With respect to units in assisted living residences, rent does not include charges for food and services.
RESIDENTIAL DEVELOPMENT FEE
Means money paid by a developer for the improvement of residential property as permitted pursuant to N.J.S.A. 52:27D-329.2 and N.J.A.C. 5:99-3.2.
RESTRICTED UNIT
Means a dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of this subchapter but does not include a market-rate unit that was financed pursuant to UHORP, MONI, or CHOICE.
SPENDING PLAN
Means a method of allocating funds contained in an affordable housing trust fund account, which includes, but is not limited to, development fees collected and to be collected pursuant to an approved municipal development fee ordinance, or pursuant to N.J.S.A. 52:27D-329.1 et seq., for the purpose of meeting the housing needs of low- and moderate-income individuals.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN OR STATE PLAN
Means the plan prepared pursuant to sections 1 through 12 of the "State Planning Act," P.L. 1985, c. 398 (N.J.S.A. 52:18A-196 et al.), designed to represent a balance of development and conservation objectives best suited to meet the needs of the State, and for the purpose of coordinating planning activities and establishing Statewide planning objectives in the areas of land use, housing, economic development, transportation, natural resource conservation, agriculture and farmland retention, recreation, urban and suburban redevelopment, historic preservation, public facilities and services, and intergovernmental coordination pursuant to subsection f. of section 5 of P.L. 1985, c. 398 (N.J.S.A. 52:18A-200).
SUPPORTIVE HOUSING HOUSEHOLD
Means a very low-, low- or moderate-income household certified as income eligible by an administrative agent in accordance with N.J.A.C. 5:80-26.14, in which at least one member is an individual who requires supportive services to maintain housing stability and independent living and who is part of a population identified by federal or state statute, regulation, or program guidance as eligible for supportive or special needs housing. Such populations include, but are not limited to: persons with intellectual or developmental disabilities, persons with serious mental illness, person with head injuries (as defined in Section 2 of P.L. 1977), persons with physical disabilities or chronic health conditions, persons who are homeless as defined by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 578, survivors of domestic violence, youth aging out of foster care, and other special needs populations recognized under programs administered by the U.S. Department of Housing and Urban Development, the Low-Income Housing Tax Credit Program, the McKinney—Vento Act, or the New Jersey Department of Human Services. A supportive housing household may include family members, unrelated individuals, or live-in aides, provided that the household meets the income eligibility requirements of this section, except that in the case of unrelated individuals not operating as a family unit, income eligibility shall be tested on an individual basis rather than in the aggregate; the unit is leased or sold subject to the affordability controls established herein; and the supportive services available to the household are designed to promote housing stability, independent living, and community integration. The determination of whether unrelated individuals are operating as a family unit shall be made based on the applicant's self-identification of household members on the affordable housing application.
SUPPORTIVE HOUSING SPONSORING PROGRAM
Means grant or loan program which provided financial assistance to the development of the unit.
SUPPORTIVE HOUSING UNIT
Means a restricted rental unit, as defined by N.J.S.A. 34:1B-21.24, that is affordable to very low-, low- or moderate-income households and is reserved for occupancy by a supportive housing household. Supportive housing units are also referred to as permanent supportive housing units.
TRANSITIONAL HOUSING
Means temporary housing that: (1) includes, but is not limited to, single-room occupancy housing or shared living and supportive living arrangements; (2) provides access to on-site or off-site supportive services for very low-income households who have recently been homeless or lack stable housing; (3) is licensed by the department; and (4) allows households to remain for a minimum of six months.
TREASURER
Means the Treasurer of the State of New Jersey.
UHAC
Means the Uniform Housing Affordability Controls set forth at N.J.A.C. 5:80-26.
UHORP
Means the Agency's Urban Homeownership Recovery Program, as it was authorized by the Agency Board.
UNIT TYPE
Means type of dwelling unit with various building standards including but not limited to single-family detached, single-family attached/townhouse, stacked townhouse (attached building containing two units each with separate entrances), duplex (detached building containing two units each with separate entrances), triplex (three units each with separate entrance), quadplex (four units each with separate entrance), multifamily/flat (two or more units with a shared entrance). Inclusion of a garage, or not, shall not define the unit type.
VERY-LOW-INCOME HOUSEHOLD
Means a household with a household income less than or equal to 30% of the regional median income.
VERY-LOW-INCOME HOUSING
Means housing affordable according to the Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to 30% or less of the median gross household income for households of the same size within the housing region in which the housing is located.
VERY-LOW-INCOME UNIT
Means a restricted unit that is affordable to a very-low-income household.
VETERAN
Means a veteran as defined at N.J.S.A. 54:4-8.10.
VETERANS' PREFERENCE
Means the agreement between a municipality and a developer or residential development owner that allows for low- to moderate-income veterans to be given preference for up to 50% of rental units in relevant projects, as provided for at N.J.S.A. 52:27D-311.j.
WEATHERIZATION
Means building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors and is considered a major system for rehabilitation.
C. 
Monitoring and reporting requirements.
(1) 
The municipality shall comply with the following monitoring and reporting requirements regarding the status of the implementation of its court-approved Housing Element and Fair Share Plan:
(a) 
The municipality shall provide electronic monitoring data with the Department pursuant to P.L. 2024, Chapter 2 and N.J.A.C. 5:99 through the Affordable Housing Monitoring System (AHMS). All monitoring information required to be made public by the FHA shall be available to the public on the Department's website at https://www.nj.gov/dca/dlps/hss/MuniStatusReporting.shtml.
(b) 
On or before February 15 of each year, the municipality shall provide annual reporting of its municipal Affordable Housing Trust Fund activity to the Department on the AHMS portal. The reporting shall include an accounting of all municipal Affordable Housing Trust Fund activity, including the sources and amounts of funds collected and the amounts and purposes for which any funds have been expended, for the previous year from January 1st to December 31st.
(c) 
On or before February 15 of each year, the annual reporting of the status of all affordable housing activity shall be provided to the Department on the AHMS portal, for the previous year from January 1st to December 31st.
D. 
Municipality-wide mandatory set-aside.
(1) 
A development, other than single-family family detached, providing a minimum of five new housing units created through any municipal rezoning or Zoning Board action, use or density variance, redevelopment plan, or rehabilitation plan that provides for densities at or above six units per acre, is required to include an affordable housing set-aside of 20%.
(2) 
Any affordable units generated through such mandatory set-aside shall be subject to all other provisions of this section.
(3) 
All such affordable units shall be governed by this ordinance the controls on affordability, including bedroom distribution, and affirmatively marketed to the housing region in conformance with UHAC at N.J.A.C. 5:80-26.1 et seq., any successor regulation, and all other applicable laws.
(4) 
No subdivision shall be permitted or approved for the purpose of avoiding compliance with this requirement. Developers cannot, for example, subdivide a project into two lots and then make each of them a number of units just below the threshold.
(5) 
The mandatory set-aside requirements of this section do not give any developer the right to any rezoning, variance or other relief, or establish any obligation on the part of the municipality to grant such rezoning, variance or other relief.
(6) 
This municipality-wide mandatory set-aside requirement does not apply to any sites or specific zones otherwise identified in the HEFSP, for which density and set-aside requirements shall be governed by the specific standards as set forth therein.
E. 
New construction (per N.J.A.C. 5:93 as may be updated per various sections in N.J.A.C. 5:97 and N.J.S.A. 52:27D-301 et seq.). Per the definition of "new construction," this section governs the creation of new affordable housing units regardless of the means by which the units are created. Newly constructed units may include new residences constructed or created through other means.
(1) 
The following requirements shall apply to all new or planned developments that contain very low-, low- and moderate-income housing units. To the extent possible, details related to the adherence to the requirements below shall be outlined in the resolution granting municipal subdivision or site plan approval of the project to assist municipal representatives, developers and Administrative Agents.
(2) 
Completion schedule (previously known as phasing). Final site plan or subdivision approval shall be contingent upon the affordable housing development meeting the following completion schedule for very low-, low- and moderate-income units whether developed in a single-phase development, or in a multi-phase development:
Maximum Percentage of Market-Rate Units Issued a Temporary or Final Certificate of Occupancy
Minimum Percentage of Affordable Units Issued a Temporary or Final Certificate of Occupancy
25% + 1
10%
50%
50%
75%
75%
90%
100%
(3) 
Design. The following design requirements apply to affordable housing developments, excluding prior round units.
(a) 
Design of 100% affordable developments:
[1] 
Restricted units must meet the minimum square footage required for the number of inhabitants for which the unit is marketed and the minimum square footage required for each bedroom, as set forth in the Neighborhood Preservation Balanced Housing rules at N.J.A.C. 5:43-2.4.
[2] 
Each bedroom in each restricted unit must have at least one window.
[3] 
Restricted units must include adequate air conditioning and heating.
(b) 
Design of developments comprising market-rate rental units and restricted rental units. The following does not apply to prior round units, unless stated otherwise.
[1] 
Restricted units must use the same building materials and architectural design elements (for example, plumbing, insulation, or siding) as market-rate units of the same unit type (for example, flat or townhome) within the same development, except that restricted units and market-rate units may use different interior finishes. This shall apply to prior round units.
[2] 
Restricted units and market-rate units within the same affordable development must be sited such that restricted units are not concentrated in less desirable locations.
[3] 
Restricted units may not be physically clustered so as to segregate restricted and market-rate units within the same development or within the same building, but must be interspersed throughout the development, except that age-restricted and supportive housing units may be physically clustered if the clustering facilitates the provision of on-site medical services or on-site social services. Prior round affordable units shall be integrated with market rate units to the extent feasible.
[4] 
Residents of restricted units must be offered the same access to communal amenities as residents of market-rate units within the same affordable development. Examples of communal amenities include, but are not limited to, community pools, fitness and recreation centers, playgrounds, common rooms and outdoor spaces, and building entrances and exits. This shall apply to prior round units.
[5] 
Restricted units must include adequate air conditioning and heating and must use the same type of cooling and heating sources as market-rate units of the same unit type. This shall apply to prior round units.
[6] 
Each bedroom in each restricted unit must have at least one window.
[7] 
Restricted units must be of the same unit type as market-rate units within the same building.
[8] 
Restricted units and bedrooms must be no less than 90% of the minimum size prescribed by the Neighborhood Preservation Balanced Housing rules at N.J.A.C. 5:43-2.4.
(c) 
Design of developments containing for-sale units, including those with a mix of rental and for-sale units. Restricted rental units shall meet the requirements of section b above. Restricted sale units shall comply with the below:
[1] 
Restricted units must use the same building standards as market-rate units of the same unit type (for example, flat, townhome, or single-family home), except that restricted units and market-rate units may use different interior finishes. This shall apply to prior round units.
[2] 
Restricted units may be clustered, provided that the buildings or housing product types containing the restricted units are integrated throughout the development and are not concentrated in an undesirable location or in undesirable locations. Prior round affordable units shall be integrated with market rate units to the extent feasible.
[3] 
Restricted units may be of different unit housing product types than market-rate units, provided that there is a restricted option available for each market rate housing type. Developments containing market-rate duplexes, townhomes, and/or single-family homes shall offer restricted housing options that also include duplexes, townhomes, and/or single-family homes. Penthouses and higher priced end townhouses may be exempt from this requirement. The proper ratio for restricted to market-rate unit type shall be subject to municipal ordinance or, if not specified, shall be determined at the time of site plan approval.
[4] 
Restricted units must meet the minimum square footage required for the number of inhabitants for which the unit is marketed and the minimum square footage required for each bedroom, as set forth in the Neighborhood Preservation Balanced Housing rules at N.J.A.C. 5:43-2.4.
[5] 
Penthouse and end units may be reserved for market-rate sale, provided that the overall number, value, and distribution of affordable units across the development is not negatively impacted by such reservation(s).
[6] 
Residents of restricted units must be offered the same access to communal amenities as residents of market-rate units within the same affordable development. Examples of communal amenities include, but are not limited to, community pools, fitness and recreation centers, playgrounds, common rooms and outdoor spaces, and building entrances and exits. This shall apply to prior round units.
[7] 
Each bedroom in each restricted unit must have at least one window; and
[8] 
Restricted units must include adequate air conditioning and heating.
(4) 
Utilities.
(a) 
Affordable units shall utilize the same type of cooling and heating source as market-rate units within the affordable housing development.
(b) 
Tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance in accordance with N.J.A.C. 5:80-26.13(e).
(5) 
Low/moderate split and bedroom distribution.
(a) 
Affordable units shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit.
(b) 
In each affordable housing development, at least 50% of the restricted units within each bedroom distribution rounded up to the nearest whole number shall be very low- or low-income units.
(c) 
Within rental developments, of the total number of affordable rental units, at least 13%, rounded up to the nearest whole number, shall be affordable to very low-income households. The very low-income units shall be distributed between each bedroom count as proportionally as possible, to the nearest whole unit, to the total number of restricted units within each bedroom count, and counted as part of the required number of low-income units within the development.
(d) 
Affordable housing developments that are not age-restricted or supportive housing shall be structured such that:
[1] 
At a minimum, the number of bedrooms within the restricted units equals twice the number of restricted units;
[2] 
Two-bedroom and/or three-bedroom units compose at least 50% of all restricted units;
[3] 
The combined number of efficiency and one-bedroom units shall be no greater than 20%, rounded up, of the total number of low- and moderate-income units.
[4] 
At least 30% of all low- and moderate-income units, rounded up shall be two-bedroom units.
[5] 
At least 20% of all low- and moderate-income units, rounded up shall be three-bedroom units.
[6] 
The remaining units may be allocated among two- and three- bedroom units at the discretion of the developer.
(e) 
Affordable housing developments that are age-restricted or supportive housing, except those supportive housing units whose sponsoring program determines the unit arrangements, shall be structured such that, at a minimum, the number of bedrooms shall equal the number of age-restricted or supportive housing low- and moderate-income units within the inclusionary development. Supportive housing units whose sponsoring program determines the unit arrangement shall comply with all requirements of the sponsoring program. The standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit. In affordable housing developments with 20 or more restricted units that are age-restricted or supportive housing, two-bedroom units must comprise at least 5% of those restricted units.
(6) 
Accessibility requirements.
(a) 
Any new construction shall be adaptable; however, elevators shall not be required in any building or within any dwelling unit for the purpose of compliance with this section. In buildings without elevator service, only ground floor dwelling units shall be required to be constructed to conform with the technical design standards of the barrier free subcode. "Ground floor" means the first floor with a dwelling unit or portion of a dwelling unit, regardless of whether that floor is at grade. A building may have more than one ground floor.
(b) 
Notwithstanding the exemption for townhouse dwelling units in the barrier free subcode, the first floor of all townhouse dwelling units and of all other multifloor dwelling units that are attached to at least one other dwelling unit shall be subject to the technical design standards of the barrier free subcode and shall include the following features:
[1] 
An adaptable toilet and bathing facility on the first floor;
[2] 
An adaptable kitchen on the first floor;
[3] 
An interior accessible route of travel however an interior accessible route of travel shall not be required between stories;
[4] 
An adaptable room that can be used as a bedroom, with a door, or the casing for the installation of a door that is compliant with the Barrier Free Subcode, on the first floor;
[5] 
If not all of the foregoing requirements in Subsection E(6)(b)[1] through [4]. can be satisfied, then an interior accessible route of travel shall be provided between stories within an individual unit; and
[6] 
An accessible entranceway as set forth in P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that the municipality has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:
[a] 
Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.
[b] 
To this end, the builder of restricted units shall deposit funds within the Affordable Housing Trust Fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.
[c] 
The funds deposited shall be expended for the sole purpose of making the adaptable entrance of an affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
[d] 
The developer of the restricted units shall submit to the Construction Official a design plan and cost estimate for the conversion from adaptable to accessible entrances.
[e] 
Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meets the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Affordable Housing Trust Fund and earmarked appropriately.
[7] 
Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is "site-impracticable" to meet the requirements. If full compliance with this section would be site impracticable, compliance with this section for any portion of the dwelling shall be required to the extent that it is not site impracticable. Determinations of site impracticability shall comply with the Barrier Free Subcode at N.J.A.C. 5:23-7.
F. 
Affordable housing programs.
(1) 
Pursuant to amended UHAC regulations at N.J.A.C. 5:80-26.1 et seq. and, in addition, pursuant to P.L. 2024, c. 2 and specifically to the amended FHA at N.J.S.A. 52:27D-311.m, "All parties shall be entitled to rely upon regulations on municipal credits, adjustments, and compliance mechanisms adopted by the Council on Affordable Housing unless those regulations are contradicted by statute, including but not limited to P.L. 2024, c. 2, or binding court decisions." The following are many of the main provisions of the COAH regulations at either N.J.A.C. 5:93 or 5:97 that have been upheld by the NJ Supreme Court. Municipalities should consult the cited full COAH regulations when preparing the HEFSP for required documentation, etc. Additional compliance details may also be included in the specific municipal program manual.
(2) 
Rehabilitation Programs (per N.J.A.C. 5:93-5.2 with updated provisions herein per N.J.A.C. 5:97-6.2 related to credit towards a municipal present need obligation).
(a) 
The rehabilitation program shall be designed to renovate deficient housing units occupied or intended to be occupied by very low-, low- and moderate-income households such that, after rehabilitation, these units will comply with the New Jersey State Housing Code pursuant to N.J.A.C. 5:28-1.1 et seq. or the Rehabilitation Subcode, N.J.A.C. 5:23-6 to the extent applicable.
(b) 
Both ownership and rental units shall be eligible for rehabilitation funds.
(c) 
All rehabilitated units shall remain affordable to very low-, low- and moderate-income households for a period of 10 years (the control period). For owner-occupied units, the control period shall be enforced with a mortgage and note and for renter-occupied units the control period will be enforced with a deed restriction.
(d) 
The municipality shall dedicate a minimum average hard cost of $10,000 for each unit to be rehabilitated through this program and in addition shall dedicate associated rehabilitation program soft costs such as case management, inspection fees and work write-ups.
(e) 
The municipality shall designate, subject to the approval of the Department, one or more Administrative Agents to administer the rehabilitation program in accordance with P.L. 2024, Chapter 2. The Administrative Agent(s) shall provide rehabilitation manuals for ownership and rental rehabilitation programs. Manuals shall be adopted by resolution of the governing body. Both rehabilitation manuals shall be available for public inspection in the Office of the Municipal Clerk and on the municipal affordable housing web page.
(f) 
Households determined to be very low-, low-, or moderate-income may participate in a rehabilitation program. Rehabilitated units shall be exempt from the very low-income requirements, low/mod split, and bedroom distribution requirements of UHAC, but shall be administered in accordance with the following:
[1] 
If a unit is vacant at the time of rehabilitation, or if a rehabilitated unit becomes vacant and is re-rented before the expiration of the affordability controls, the deed restriction shall require that the unit be rented to a low- or moderate-income household at an affordable rent.
[2] 
If a rental unit is occupied by a tenant at the time rehabilitation is completed, the rent charged after rehabilitation shall not exceed the lesser of the tenant's current rent or the maximum rent permitted under UHAC.
[3] 
Rents in rehabilitated units may increase annually based on the standards in UHAC.
[4] 
At the time of application, applicant households and/or tenant households shall be subject to income eligibility determinations in accordance with UHAC.
(3) 
Accessory Apartment program (per N.J.A.C. 5:93-5.9 as may be updated per various sections in N.J.A.C. 5:97-6.8).
(a) 
An accessory apartment program shall provide low- and moderate-income units or may be limited to only low- or only moderate-income units.
(b) 
Per N.J.A.C. 5:97-6.8(c)1, at the time of initial occupancy of the unit and for at least 10 years thereafter, the accessory apartment shall be rented only to income eligible households consistent with the income category and rent structure of the unit.
(c) 
Rents of accessory apartments shall be established using the same methodology of affordable rental units discussed herein.
(d) 
There shall be a recorded deed or declaration of covenants and restrictions applied to the property upon which the accessory apartment is located running with the land and limiting its subsequent rental for the duration of the control period.
(e) 
The municipal accessory apartment program shall not restrict the number of bedrooms in any accessory apartment.
(f) 
Per N.J.A.C. 5:97-6.8(b)2, the municipality shall provide a minimum of $25,000 per unit to subsidize the creation of each low-income accessory apartment or $20,000 per unit to subsidize the creation of each moderate-income accessory apartment. Subsidy may be used to fund actual construction costs and/or to provide compensation for reduced rental rates.
(4) 
Market to Affordable program (per N.J.A.C. 5:97-6.9).
(a) 
The market to affordable program permits the purchase or subsidization of unrestricted units through a mortgage write-down provided to an income-certified buyer or through a sale or rental as a low- or moderate-income unit to an income-eligible household. The market to affordable program may produce both low- and moderate-income units.
(b) 
At the time they are offered for sale or rental, eligible units may be new, pre-owned or vacant.
(c) 
The units shall be certified to be in sound condition as a result of an inspection performed by a licensed building inspector.
(d) 
A minimum subsidy of $25,000 per moderate-income unit and/or $30,000 per low-income unit shall be provided, with additional subsidy depending on the market prices or rents in a municipality.
(e) 
The units shall comply with UHAC with the following exceptions:
[1] 
Bedroom distribution (N.J.A.C. 5:80-26.4).
[2] 
Low/moderate income split (N.J.A.C. 5:80-26.4).
(f) 
Affordability average (N.J.A.C. 5:80-26.4); however:
[1] 
The maximum rent for a moderate-income unit shall be affordable to households earning no more than 60% of median income and the maximum rent for a low-income unit shall be affordable to households earning no more than 44% of median income; and
[2] 
The maximum sales price for a moderate-income unit shall be affordable to households earning no more than 70% of median income and the maximum sales price for a low-income unit shall be affordable to households earning no more than 40% of median income.
(5) 
Extension of Controls Program (for ownership units per N.J.A.C. 5:97-6.14 and UHAC at N.J.A.C. 5:80-26.6(h) through (k) and (m); and for rental units per N.J.A.C. 5:97-6.14 and N.J.A.C. 5:80-26.12(h) through (k)).
(a) 
An extension of affordability controls program is established to maintain and extend the affordability of deed restricted units scheduled to come out of their affordability control period, subject to N.J.A.C. 5:97-6.14 and UHAC, including the following:
[1] 
The affordable unit meets the criteria for prior cycle (April 1, 1980 - December 15, 1986) or post December 15, 1986 credits set forth in N.J.A.C. 5:97.
[2] 
The affordability controls for the unit are scheduled to expire in the current round; or in the next round of housing obligations if the municipal election to extend controls is made no earlier than one year before the end of the current round;
[3] 
The municipality shall obtain a continuing certificate of occupancy or a certified statement from the municipal building inspector stating that the restricted unit meets all code standards.
[4] 
If a unit requires repair and/or rehabilitation work in order to receive a continuing certificate of occupancy or certified statement from the municipal building inspector, the municipality shall fund and complete the work.
[5] 
The municipality shall adhere to the process for extending controls pursuant to UHAC for extending ownership units and rental units, either inclusionary or 100% affordable developments.
[6] 
The deed restriction for the extended control period shall be filed with the County Clerk.
(6) 
Assisted Living Residence (per N.J.A.C. 5:97-6.11).
(a) 
An assisted living residence is a facility licensed by the New Jersey Department of Health to provide apartment-style housing and congregate dining and to assure that assisted living services are available. All or a designated number of apartments in the facility shall be restricted to low- and moderate-income households.
(b) 
The unit of credit shall be the apartment. However, a two-bedroom apartment shall be eligible for two units of credit if it is restricted to two unrelated individuals.
(c) 
A recipient of a Medicaid waiver shall automatically qualify as a low- or moderate-income household.
(d) 
Assisted living units are considered age-restricted housing in a HEFSP and shall be included with the maximum number of units that may be age-restricted.
(e) 
Low- and moderate-income residents cannot be charged any upfront fees.
(f) 
The units shall comply with UHAC with the following exceptions:
[1] 
Affirmative marketing (N.J.A.C. 5:80-26.16); provided that the units are restricted to recipients of Medicaid waivers;
[2] 
The deed restriction may be on the facility, rather than individual apartments or rooms;
[3] 
Low/moderate income split and affordability average (N.J.A.C. 5:80-26.4); only if all of the affordable units are affordable to households at a maximum of 60% of median income; and
(g) 
Tenant income eligibility (N.J.A.C. 5:80-26.14); up to 80% of an applicant's gross income may be used for rent, food and services based on occupancy type and the affordable unit must receive the same basic services as required by the Agency's underwriting guidelines and financing policies. The cost of non-housing related services shall not exceed one and two-thirds times the rent established for each unit.
(7) 
Supportive Housing and Group Homes (per N.J.A.C. 5:97-6.10).
(a) 
The following provisions shall apply to group homes, residential health care facilities, and supportive shared living housing:
[1] 
Units are subject to Affirmative Marketing requirements, household certification, and administrative agent oversight; and may, with the approval of the municipal housing liaison and the administrative agent, be leased either by the bedroom or to a single household in the case of multi-bedroom configurations, provided such arrangement is consistent with the Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968).
[2] 
Units may, with the approval of the administrative agent, be subject to a master lease by an approved supportive housing operator, provided that all subleases are to be certified supportive housing households and remain fully subject to the affordability controls of this subchapter. Rents for supportive housing units shall not exceed the rent standards established and published by the New Jersey Department of Human Services.
[3] 
The unit of credit shall be the bedroom. However, the unit of credit shall be the unit if occupied by a single person or household.
[4] 
Housing that is age-restricted shall be included with the maximum number of units that may be age-restricted pursuant to the Act.
[5] 
Occupancy shall not be restricted to youth under 18 years of age.
[6] 
In affordable developments with 20 or more restricted units that are supportive housing, two-bedroom units must compose at least 5% of those restricted units.
[7] 
The bedrooms and/or units shall comply with UHAC with the following exceptions:
[a] 
Affirmative marketing; however, group homes, residential health care facilities, permanent supportive housing, and supportive shared living housing shall be affirmatively marketed to broadest possible population of qualified individuals with special needs in accordance with a plan approved by the sponsoring program;
[b] 
Affordability average and bedroom distribution (N.J.A.C. 5:80-26.4).
[8] 
With the exception of units established with capital funding through a 20-year operating contract with the Department of Human Services, Division of Developmental Disabilities, group homes, residential health care facilities, supportive shared living housing and permanent supportive housing shall have the appropriate controls on affordability in accordance with the Act. In the event that a supportive housing provider is unable to record or execute a long-term deed restriction, the units shall be subject to annual recertification by the Municipal Housing Liaison to confirm continued occupancy and compliance with this Section.
[9] 
Objective standards shall be applied in the selection of tenants for supportive housing units and shall be designed to ensure that individuals are not excluded in an arbitrary or capricious manner.
[10] 
The following documentation shall be submitted by the sponsor to the municipality prior to marketing the completed units or facility:
[a] 
An Affirmative Marketing Plan in accordance with Subsection F(7)(a) above; and
[b] 
If applicable, proof that the supportive and/or special needs housing is regulated by the New Jersey Department of Health and Senior Services, the New Jersey Department of Human Services or another State agency in accordance with the requirements of this section, which includes validation of the number of bedrooms or units in which low- or moderate-income occupants reside.
[11] 
The sponsor/owner shall complete annual monitoring as directed by the MHL.
G. 
Regional income limits.
(1) 
Administrative agents shall use the current regional income limits for the purpose of pricing affordable units and determining income eligibility of households.
(2) 
Regional income limits are based on regional median income, which is established by a regional weighted average of the "median family incomes" published by HUD. The procedure for computing the regional median income is detailed in N.J.A.C. 5:80-26.3.
(3) 
Updated regional income limits are effective as of the effective date of the regional Section 8 income limits for the year, as published by HUD, or 45 days after HUD publishes the regional Section 8 income limits for the year, whichever comes later. The new income limits may not be less than those of the previous year.
H. 
Maximum initial rents and sales prices.
(1) 
In establishing rents and sales prices of affordable housing units, the Administrative Agent shall follow the procedures set forth in UHAC N.J.A.C. 5:80-26.4.
(2) 
The average rent for all restricted units within each affordable housing development shall be affordable to households earning no more than 52% of regional median income.
(3) 
The maximum rent for restricted rental units within each affordable housing development shall be affordable to households earning no more than 60% of regional median income.
(4) 
The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both low-income and moderate-income units, provided that at least 13% of all low- and moderate-income rental units shall be affordable to households earning no more than 30% of median income. These very low-income units shall be part of the low-income requirement and very-low-income units should be distributed between each bedroom count as proportionally as possible, to the nearest whole unit, to the total number of restricted units within each bedroom count.
(5) 
The maximum sales price of restricted ownership units within each affordable housing development shall be affordable to households earning no more than 70% of median income, and each affordable housing development must achieve an affordability average that does not exceed 55% for all restricted ownership units. In achieving this affordability average, moderate-income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type when the number of low- and moderate-income units permits.
(6) 
The master deeds and declarations of covenants and restrictions for affordable developments may not distinguish between restricted units and market-rate units in the calculation of any condominium or homeowner association fees and special assessments to be paid by low- and moderate-income purchasers and those to be paid by market-rate purchasers. Notwithstanding the foregoing sentence, condominium units subject to a municipal ordinance adopted before December 20, 2004, which ordinance provides for condominium or homeowner association fees and/or assessments different from those provided for in this subsection are governed by the ordinance.
(7) 
In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted family units, the following standards shall be met:
(a) 
A studio or efficiency unit shall be affordable to a one-person household;
(b) 
A one-bedroom unit shall be affordable to a 1 1/2 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 4 1/2 person household; and
(e) 
A four-bedroom unit shall be affordable to a six-person household.
(8) 
In determining the initial rents and sales prices for compliance with the affordability average requirements for restricted units in assisted living facilities and age-restricted and special needs and supportive housing developments, the following standards shall be met:
(a) 
A studio or efficiency unit shall be affordable to a one-person household;
(b) 
A one-bedroom unit shall be affordable to a 1 1/2 person household; and
(c) 
A two-bedroom unit shall be affordable to a two-person household or to two one-person households. Where pricing is based on two one-person households, the developer shall provide a list of units so priced to the Municipal Housing Liaison and the Administrative Agent.
(9) 
The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the FreddieMac 30-Year Fixed Rate-Mortgage rate of interest), property taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 30% of the eligible monthly income of the appropriate size household as determined pursuant to N.J.A.C. 5:80-26.7, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.4, as may be amended and supplemented.
(10) 
The initial rent for a restricted rental unit shall be calculated so that the total monthly housing expense, including an allowance for tenant-paid utilities, does not exceed 30% of the gross monthly income of a household of the appropriate size whose income is targeted to the applicable percentage of median income for the unit, as determined pursuant to N.J.A.C. 5:80-26.3, as may be amended and supplemented. The rent shall also comply with the affordability average requirement of N.J.A.C. 5:80-26.4, as may be amended and supplemented. The initial rent for a restricted rental unit shall be calculated so the eligible monthly housing expenses/income, including an allowance for tenant-paid utilities does not exceed 30% of gross income of and the appropriate household size as determined pursuant to N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(11) 
At the anniversary date of the tenancy of the certified household occupying a restricted rental unit, following proper notice provided to the occupant household pursuant to N.J.S.A. 2A:18-61.1.f, the rent may be increased to an amount commensurate with the annual percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U), specifically U.S. Bureau of Labor Statistics Series CUUR0100SAH, titled "Housing in Northeast urban, all urban consumers, not seasonally adjusted." Rent increases for units constructed pursuant to Low-Income Housing Tax Credit regulations shall be indexed pursuant to the regulations governing Low-Income Housing Tax Credits.
I. 
Affirmative marketing.
(1) 
The municipality shall adopt, by resolution, an Affirmative Marketing Plan, subject to approval of the Superior Court, compliant with N.J.A.C. 5:80-26.16, as may be amended and supplemented.
(2) 
The Affirmative Marketing Plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age, or number of children, to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The Affirmative Marketing Plan is intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward Housing Region 3 and is required to be followed throughout the period of deed restriction.
(3) 
The Affirmative Marketing Plan provides the following preferences, provided that units that remain unoccupied after these preferences are exhausted may be offered to households without regard to these preferences.
(a) 
Where the municipality has entered into an agreement with a developer or residential development owner to provide a preference for very-low-,low-, and moderate-income veterans who served in time of war or other emergency, pursuant to N.J.S.A. 52:27D-311.j, there shall be a preference for veterans for up to 50% of the restricted rental units in a particular project.
(b) 
There shall be a regional preference for all households that live and/or work in Housing Region 3 comprising Somerset, Hunterdon, and Middlesex Counties.
(c) 
Subordinate to the regional preference, there shall be a preference for households that live and/or work in New Jersey.
(d) 
With respect to existing restricted units undergoing approved rehabilitation for the purpose of preservation or to restricted units newly created to replace existing restricted units undergoing demolition, a preference for the very-low-, low-, and moderate-income households that are displaced by the rehabilitation or demolition and replacement.
(4) 
The municipality has the ultimate responsibility for adopting the Affirmative Marketing Plan and for the proper administration of the Affirmative Marketing Process, including the marketing of initial sales and rentals and resales and re-rentals. The Administrative Agent designated by the municipality shall implement the Affirmative Marketing Process to ensure the Affirmative Marketing of all affordable units, with the exception of affordable programs that are exempt from Affirmative Marketing as noted herein.
(5) 
The Affirmative Marketing Process shall describe the media to be used in advertising and publicizing the availability of housing. In implementing the Affirmative Marketing Process, the Administrative Agent shall consider the use of language translations where appropriate.
(6) 
Applications for affordable housing or notices thereof, if offered online, shall be available in several locations, including, at a minimum, the County Administration Building and/or the County Library for each county within the housing region; the municipal administration building and municipal library in the municipality in which the units are located; and the developer's rental or sales office. The developer shall mail applications to prospective applicants upon request and shall make applications available through a secure online website address.
(7) 
In addition to other Affirmative Marketing strategies, the Administrative Agent shall provide specific notice of the availability of affordable housing units on the New Jersey Housing Resource Center website. Any other entities, including developers or persons or companies retained to implement the Affirmative Marketing Process, shall comply with this paragraph.
(8) 
In implementing the Affirmative Marketing Process, the Administrative Agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
(9) 
The Affirmative Marketing Process for available affordable units shall begin at least four months (120 days) prior to the expected date of occupancy.
(10) 
The cost to affirmatively market the affordable units shall be the responsibility of the developer, sponsor or owner, with the exception of Affirmative Marketing for resales.
J. 
Selection of occupants of affordable housing units.
(1) 
The Administrative Agent shall use a random selection process to select occupants of very low-, low- and moderate-income housing.
(2) 
A pool of interested households will be maintained in accordance with the provisions of N.J.A.C. 5:80-26.16.
K. 
Occupancy standards.
(1) 
In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the Administrative Agent shall strive to:
(a) 
Ensure each bedroom is occupied by at least one person, except for age-restricted and supportive and special needs housing units;
(b) 
Provide a bedroom for every two adult occupants;
(c) 
With regard to occupants under the age of 18, accommodate the household's requested arrangement, except that such arrangement may not result in more than two occupants under the age of 18 occupying any bedroom; and
(d) 
Avoid placing a one-person household into a unit with more than one bedroom.
L. 
Control periods for restricted ownership units and Enforcement Mechanisms.
(1) 
Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80- 26.6, as may be amended and supplemented, and each restricted ownership unit shall remain subject to the controls on affordability for a period of at least 30 years subject to the requirements of N.J.A.C. 5:80-26.6, as may be amended and supplemented.
(2) 
Rehabilitated housing units that are improved to code standards shall be subject to affordability controls for a period of not less than 10 years (crediting towards present need only).
(3) 
The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit. The date of commencement shall be identified in the deed restriction.
(4) 
If existing affordability controls are being extended, the extended control period for a restricted ownership unit commences on the effective date of the extension, which is the end of the original control period.
(5) 
After the end of any control period, the restricted ownership unit remains subject to the affordability controls set forth in this section until the owner gives notice of their intent to make an exit sale, at which point:
(a) 
If the municipality exercises the right to extend the affordability controls on the unit, no exit sale occurs and a new control period commences; or
(b) 
If the municipality does not exercise the right to extend the affordability controls on the unit, the affordability controls terminate following the exit sale.
(6) 
Prior to the issuance of any building permit for the construction/rehabilitation of restricted ownership units, the developer/owner and the municipality shall record a preliminary instrument provided by the Administrative Agent.
(7) 
Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each successive sale during the period of restricted ownership, the Administrative Agent shall determine the restricted price for the unit and shall also determine the nonrestricted, fair market value of the unit based on either an appraisal or the unit's equalized assessed value without the restrictions in place.
(8) 
At the time of the initial sale of the unit and upon each successive price-restricted sale, the initial purchaser shall execute and deliver to the Administrative Agent a recapture note obliging the purchaser, as well as the purchaser's heirs, successors, and assigns, to repay, upon the first non-exempt sale after the unit's release from the restrictions set forth in this section, an amount equal to the difference between the unit's non-restricted fair market value and its restricted price, and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit.
(9) 
The affordability controls set forth in this section shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to price-restricted ownership units.
M. 
Price restrictions for restricted ownership units and resale prices.
(1) 
Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.7, as may be amended and supplemented, including:
(a) 
The initial purchase price and affordability percentage for a restricted ownership unit shall be set by the Administrative Agent.
(b) 
The Administrative Agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the standards set forth in N.J.A.C. 5:80-26.7.
[1] 
If the resale occurs prior to the one-year anniversary of the date on which title to the unit was transferred to a certified household, the maximum resale price for a is the most recent non-exempt purchase price.
[2] 
If the resale occurs on or after such anniversary date, the maximum resale price is the most recent non-exempt purchase price increased to reflect the cumulative annual percentage increases to the regional median income, effective as of the same date as the regional median income calculated pursuant to N.J.A.C. 5:80-26.3
(c) 
The owners of restricted ownership units may apply to the Administrative Agent to increase the maximum sales price for the unit on the basis of anticipated capital improvements. Eligible capital improvements shall be:
[1] 
Those that render the unit suitable for a larger household or the addition of a bathroom.
[2] 
The maximum resale price may be further increased by an amount up to the cumulative dollar value of approved capital improvements made after the last non-exempt sale for improvements and/or upgrades to the unit, excluding capital improvements paid for by the entity favored on the recapture note and recapture lien described at N.J.A.C. 5:80-26.6(d);
(d) 
No increase for capital improvements is permitted if the maximum resale price prior to adjusting for capital improvements already exceeds whatever initial purchase price the unit would have if it were being offered for purchase for the first time at the initial affordability percentage. All adjustments for capital improvements are subject to 10-year, straight-line depreciation.
(2) 
Upon the resale of a restricted ownership unit, all items of property that are permanently affixed to the unit or were included when the unit was initially restricted (for example, refrigerator, range, washer, dryer, dishwasher, wall-to-wall carpeting) shall be included in the maximum allowable resale price. Other items may be sold to the purchaser at a reasonable price that has been approved by the Administrative Agent at the time of the signing of the agreement to purchase but shall be separate and apart from any contract of sale for the underlying real estate. The purchase of central air conditioning installed subsequent to the initial sale of the unit and not included in the base price may be made a condition of the unit resale provided the price of the air conditioning equipment, which shall be subject to 10-year, straight-line depreciation, has been approved by the Administrative Agent. Unless otherwise approved by the Administrative Agent, the purchase of any property other than central air conditioning shall not be made a condition of the unit resale. The seller and the purchaser must personally certify at the time of closing that no unapproved transfer of funds for the purpose of selling and receiving property has taken place at the time of or as a condition of resale.
N. 
Buyer income eligibility.
(1) 
Buyer income eligibility for restricted ownership units shall be established pursuant to N.J.A.C. 5:80-26.17, as may be amended and supplemented, such that very low-income ownership units shall be reserved for occupancy by households with a gross household income less than or equal to 30% of median income, low-income ownership units shall be reserved for occupancy by households with a gross household income less than or equal to 50% of median income and moderate-income ownership units shall be reserved for occupancy by households with a gross household income less than 80% of median income.
(2) 
Notwithstanding the foregoing, the Administrative Agent may, upon approval by the municipality, and subject to the Division's approval, permit a moderate-income purchaser to buy a low-income unit if and only if the Administrative Agent can demonstrate that there is an insufficient number of eligible low-income purchasers in the housing region to permit prompt occupancy of the unit and all other reasonable efforts to attract a low-income purchaser, including pricing and financing incentives, have failed. Any such low-income unit that is sold to a moderate-income household shall retain the required pricing and pricing restrictions for a low-income unit. Similarly, the administrative agent may permit low-income purchasers to buy very-low-income units in housing markets where, as determined by the Division, units are reserved for very-low-income purchasers, but there is an insufficient number of very-low-income purchasers to permit prompt occupancy of the units. In such instances, the purchased unit must be maintained as a very-low-income unit and sold at a very-low-income price point such that on the next resale the unit will still be affordable to very-low-income households and able to be purchased by a very-low-income household. A very-low-income unit that is seeking bonus credit pursuant to N.J.S.A. 52:27D-311.k(9) must first be advertised exclusively as a very-low-income unit according to the Affirmative Marketing requirements at N.J.A.C. 5:80-26.16, then advertised as a very-low-income or low-income unit for at least 30 additional days prior to referring any low-income household to the unit.
(3) 
A certified household that purchases a restricted ownership unit must occupy it as the certified household's principal residence and shall not lease the unit; provided, however, that the Administrative Agent may permit the owner of a restricted ownership unit, upon application and a showing of hardship, to lease the restricted unit to another certified household for a period not to exceed one year.
(4) 
The Administrative Agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, property taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 35% of the household's eligible monthly income; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:
(a) 
The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for housing expenses, and the proposed housing expenses will reduce its housing costs;
(b) 
The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for housing expenses in the past and has proven its ability to pay; or
(c) 
The household is currently in substandard or overcrowded living conditions;
(d) 
The household documents the existence of assets, within the asset limitation otherwise applicable, with which the household proposes to supplement the rent payments
O. 
Limitations on indebtedness secured by ownership unit; subordination.
(1) 
Prior to incurring any indebtedness to be secured by a restricted ownership unit, the owner shall apply to the Administrative Agent for a determination in writing that the proposed indebtedness complies with the provisions of this section, and the Administrative Agent shall issue such determination prior to the owner incurring such indebtedness.
(2) 
With the exception of original purchase money mortgages, neither an owner nor a lender shall at any time during the control period cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of that unit, as such price is determined by the Administrative Agent in accordance with N.J.A.C. 5:80-26.7(c).
P. 
Control periods for restricted rental units.
(1) 
Control periods for units that meet the definition of prior round units shall be pursuant to the 2001 UHAC rules originally adopted October 1, 2001, 33 N.J.R. 3432, and amended December 20, 2004, 36 N.J.R. 5713 and shall remain subject to the requirements of this ordinance for a period of at least 30 years as applicable unless otherwise indicated.
(2) 
Other than for prior round units, control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.12, as may be amended and supplemented, and each restricted rental unit shall remain subject to the requirements of this section for a period of at least 40 years. Restricted rental units created as part of developments receiving 9% Low-Income Housing Tax Credits must comply with a control period of not less than a 30-year compliance period plus a 15-year extended use period for a total of 45 years.
(3) 
The affordability control period for a restricted rental unit shall commence on the first date that a unit is issued a certificate of occupancy following the execution of the deed restriction or, if affordability controls are being extended, on the effective date of the extension, which is the end of the original control period.
(4) 
Rehabilitated renter-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of not less than 10 years.
(5) 
Prior to the issuance of any building permit for the construction/rehabilitation of restricted rental units, the developer/owner and the municipality shall record a preliminary instrument provided by the Administrative Agent.
(6) 
Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property. The deed restriction shall be recorded by the developer with the county records office, and provided as filed and recorded, to the Administrative Agent within 30 days of the receipt of a certificate of occupancy.
(7) 
A restricted rental unit shall remain subject to the affordability controls of this section despite the occurrence of any of the following events:
(a) 
Sublease or assignment of the lease of the unit;
(b) 
Sale or other voluntary transfer of the ownership of the unit;
(c) 
The entry and enforcement of any judgment of foreclosure on the property containing the unit; or
(d) 
The end of the control period, until the occupant household vacates the unit, or is certified as over-income and the controls are released in accordance with UHAC.
Q. 
Rent restrictions for rental units; leases and fees.
(1) 
The initial rent for a restricted rental unit shall be set by the Administrative Agent.
(2) 
A written lease shall be required for all restricted rental units, except for units in an assisted living residence, and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be retained on file by the Administrative Agent.
(3) 
No additional fees, operating costs, or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the Administrative Agent.
(a) 
Operating costs, for the purposes of this section, include certificate of occupancy fees, move-in fees, move-out fees, mandatory internet fees, mandatory cable fees, mandatory utility submetering fees, and for developments with more than one and a half off-street parking spaces per unit, parking fees for one parking space per household.
(4) 
Any fee structure that would remove or limit affordable unit occupant access to any amenities or services that are required or included for market-rate unit occupants is prohibited. Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit to be applied to the costs of administering the controls applicable to the unit as set forth in this section.
(5) 
Fees for unit-specific, non-communal items that are charged to market-rate unit tenants on an optional basis, such as pet fees for tenants with pets, storage spaces, bicycle-share programs, or one-time rentals of party or media rooms, may also be charged to affordable unit tenants, if applicable.
(6) 
Pet fees may not exceed $30 per month and associated one-time payments for optional fees pertaining to pets, such as a pet cleaning fee, are prohibited.
(7) 
Fees charged to affordable unit tenants for other optional, unit-specific, non-communal items shall not exceed the amounts charged to market-rate tenants.
(8) 
For any prior round rental unit leased before December 20, 2024, elements of the existing fee structure that are consistent with prior rules, but inconsistent with N.J.A.C. 5:80-26.13(c)1, may continue until the occupant household's current lease term expires or that occupant household vacates the unit, whichever occurs later.
R. 
Tenant income eligibility.
(1) 
Tenant income eligibility shall be determined pursuant to N.J.A.C. 5:80-26.14, as may be amended and supplemented, and shall be determined as follows:
(a) 
Very low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of the regional median income by household size.
(b) 
Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of the regional median income by household size.
(c) 
Moderate-income rental units shall be reserved for households with a gross household income less than 80% of the regional median income by household size.
(2) 
The Administrative Agent shall certify a household as eligible for a restricted rental unit when the household is a very low-income, low-income or moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.17, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:
(a) 
The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;
(b) 
The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;
(c) 
The household is currently in substandard or overcrowded living conditions;
(d) 
The household documents the existence of assets with which the household proposes to supplement the rent payments; or
(e) 
The household documents reliable anticipated third-party assistance from an outside source such as a family member in a form acceptable to the Administrative Agent and the owner of the unit.
(3) 
The applicant shall file documentation sufficient to establish the existence of any of the circumstances in Subsection R(2)(a) through (e) above with the Administrative Agent, who shall counsel the household on budgeting.
S. 
Municipal Housing Liaison.
(1) 
The Municipal Housing Liaison shall be approved by municipal resolution.
(2) 
The Municipal Housing Liaison shall be approved by the Division, or is in the process of getting approval, and fully or conditionally meets the requirements for qualifications, including initial and periodic training as set forth in in N.J.A.C. 5:99-1 et seq.
(3) 
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program, including the following responsibilities, which may not be contracted out to the Administrative Agent:
(a) 
Serving as the primary point of contact for all inquiries from the Affordable Housing Dispute Resolution Program, the State, affordable housing providers, administrative agents and interested households.
(b) 
The oversight of the Affirmative Marketing Plan and affordability controls.
(c) 
When applicable, overseeing and monitoring any contracting Administrative Agent.
(d) 
Overseeing the monitoring of the status of all restricted units listed in the Fair Share Plan.
(e) 
Verifying, certifying and providing annual information within AHMS at such time and in such form as required by the Division.
(f) 
Coordinating meetings with affordable housing providers and administrative agents, as needed.
(g) 
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Division.
(h) 
Overseeing the recording of a preliminary instrument in the form set forth at N.J.A.C. 5:80-26.1 for each affordable housing development.
(i) 
Coordinating with the Administrative Agent, municipal attorney and municipal Construction Code Official to ensure that permits are not issued unless the document required in Subsection S(3)(h) above has been duly recorded.
(j) 
Listing on the municipal website contact information for the MHL and Administrative Agents.
T. 
Administrative Agent.
(1) 
All municipalities that have created or will create affordable housing programs and/or affordable units shall designate or approve, for each project within its HEFSP, an administrative agent to administer the affordable housing program and/or affordable housing units in accordance with the requirements of the FHA, NJAC 5:99-1 et seq. and UHAC.
(2) 
The fees for administrative agents shall be paid as follows:
(a) 
Administrative agent fees related to rental units shall be paid by the developer/owner.
(b) 
Administrative agent fees related to initial sale of units shall be paid by the developer.
(c) 
Administrative agent fees related to resales shall be paid by the seller of the affordable home. Single-family homeowners and condominium homeowners shall be required to pay 3% of the sales price for services provided by the administrative agent related to the resale of their homes. That fee shall be collected at closing and paid directly to the administrative agent.
(d) 
Administrative agent fees related to ongoing administration and enforcement shall be paid by the municipality.
(3) 
An Operating Manual for each affordable housing program shall be provided by the Administrative Agent(s). The Operating Manual(s) shall be available for public inspection in the Office of the Clerk and in the office(s) of the Administrative Agent(s). Operating manuals shall be adopted by resolution of the Governing Body.
(4) 
Subject to the role of the Administrative Agent(s), the duties and responsibilities as are set forth in N.J.A.C. 5:99-7and which are described in full detail in the Operating Manual, including those set forth in UHAC, include:
(a) 
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Division;
(b) 
Affirmative marketing:
[1] 
Conducting an outreach process to affirmatively market affordable housing units in accordance with the Affirmative Marketing Plan of the municipality and the provisions of N.J.A.C. 5:80-26.16.
[2] 
Providing counseling, or contracting to provide counseling services, to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements; and landlord/tenant law.
(c) 
Household certification.
[1] 
Soliciting, scheduling, conducting and following up on interviews with interested households.
[2] 
Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate-income unit;
[3] 
Providing written notification to each applicant as to the determination of eligibility or non-eligibility within five days of the determination thereof.
[4] 
Requiring that all certified applicants for restricted units execute a certificate substantially in the firm, as applicable, of either the ownership or rental certificates set forth in the Appendices J and K of N.J.A.C. 5:80-26.1 et seq.
[5] 
Creating and maintaining a referral list of eligible applicant households living in the housing region, and eligible applicant households with members working in the housing region, where the units are located.
[6] 
Employing a random selection process as provided in the Affirmative Marketing Plan when referring households for certification to affordable units.
(d) 
Affordability controls.
[1] 
Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for the recording at the time of conveyance of title of each restricted unit.
[2] 
Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and filed properly with the County Register of Deeds or County Clerk's office after the termination of the affordability controls for each restricted unit in accordance with UHAC.
[3] 
Communicating with lenders and the Municipal Housing Liaison regarding foreclosures.
[4] 
Ensuring the issuance of Continuing Certificates of Occupancy or certifications pursuant to N.J.A.C. 5:80-26.11.
(e) 
Records retention.
[1] 
Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded recapture mortgage, and note, as appropriate.
[2] 
Records received, retained, retrieved, or transmitted in furtherance of crediting affordable units of a municipality constitute public records of the municipality as defined by N.J.S.A. 47:3-16, and are legal property of the municipality.
(f) 
Resales and re-rentals.
[1] 
Instituting and maintaining an effective means of communicating information between owners and the Administrative Agent regarding the availability of restricted units for resale or re-rental.
[2] 
Instituting and maintaining an effective means of communicating information to very low-, low-, or moderate-income households regarding the availability of restricted units for resale or re-rental.
(g) 
Processing requests from unit owners.
[1] 
Reviewing and approving requests from owners of restricted units who wish to refinance or take out home equity loans during the term of their ownership to determine that the amount of indebtedness to be incurred will not violate the terms of this section.
[2] 
Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the depreciated cost of central air conditioning systems.
[3] 
Notifying the municipality of an owner's intent to sell a restricted unit.
[4] 
Making determinations on requests by owners of restricted units for hardship waivers.
(h) 
Enforcement.
[1] 
Securing annually from the municipality a list of all affordable ownership units for which property tax bills are mailed to absentee owners, and notifying all such owners that they must either move back to their unit or sell it;
[2] 
Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the Administrative Agent;
[3] 
Sending annual mailings to all owners of affordable dwelling units reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.19(d)4;
[4] 
Establishing a program for diverting unlawful rent payments to the municipal Affordable Housing Trust Fund; and
[5] 
Creating and publishing a written operating manual for each affordable housing program administered by the Administrative Agent setting forth procedures for administering the affordability controls.
(i) 
The Administrative Agent(s) shall, as delegated by the municipality, have the authority to take all actions necessary and appropriate to carry out its/their responsibilities, herein.
U. 
Responsibilities of The Owner of a development containing affordable units.
(1) 
The owner of all developments containing affordable units subject to this subchapter or the assigned management company thereof shall provide to the administrative agent:
(a) 
Site plan, architectural plan, or other plan that identifies the location of each affordable unit, if subject to the site plan approval, settlement agreement, or other applicable document regulating the location of affordable units. The administrative agent shall determine the location of affordable units if not set forth in the site plan approval, settlement agreement, or other applicable document.
(b) 
The total number of units in the project and the number of affordable units.
(c) 
The breakdown of the affordable units by or identification of affordable unit locations by bedroom count and income level, including street addresses/unit numbers, if subject to the site plan approval, settlement agreement, or other applicable document regulating the breakdown of affordable units. The administrative agent shall determine the bedroom and income distribution if not set forth in the site plan approval, settlement agreement, or other applicable document.
(d) 
Floor plans of all affordable units, including complete and accurate identification of all rooms and the dimensions thereof.
(e) 
A projected construction schedule.
(f) 
The location of any common areas and elevators.
(g) 
The name of the person who will be responsible for official contact with the administrative agent for the duration of the project, which must be updated if the contact changes.
(2) 
In addition to Subsection U(1) above, the owner of rental developments containing affordable rental units subject to this subchapter or the assigned management company thereof shall:
(a) 
Send to all current tenants in all restricted rental units an annual mailing containing a notice as to the maximum permitted rent and a reminder of the requirement that the unit must remain their principal place of residence, which is defined as residing in the unit at least 260 days out of each calendar year, together with the telephone number, mailing address, and email address of the administrative agent to whom complaints of excess rent can be issued.
(b) 
Provide to the administrative agent a description of any applicable fees.
(c) 
Provide to the administrative agent a description of the types of utilities and which utilities will be included in the rent.
(d) 
Agree and ensure that the utility configuration established at the start of the rent-up process not be altered at any time throughout the restricted period.
(e) 
Provide to the administrative agent a proposed form of lease for any rental units.
(f) 
Ensure that the tenant selection criteria for the applicants for affordable units not be more restrictive that the tenant selection criteria for applicants for non-restricted units.
(g) 
Strive to maintain the continued occupancy of the affordable units during the entire restricted period.
(3) 
In addition to Subsection U(1), above, the owner of affordable for-sale developments containing affordable for-sale units subject to this subchapter or the assigned management company thereof shall provide the administrative agent:
(a) 
Proposed pricing for all units, including any purchaser options and add-on items.
(b) 
Condominium or homeowner association fees and any other applicable fees.
(c) 
Estimated real property taxes.
(d) 
Sewer, water, trash disposal, and any other utility assessments.
(e) 
Flood insurance requirement, if applicable.
(f) 
The State-approved planned real estate development public offering statement and/or master deed, where applicable, as well as the full build-out budget.
V. 
Enforcement of affordable housing regulations.
(1) 
Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant, the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.
(2) 
After providing written notice of a violation to an owner, developer or tenant of an affordable unit and advising the owner, developer or tenant of the penalties for such violations, the municipality may take the following action against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:
(a) 
The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations governing the affordable housing unit. If the owner, developer or tenant is found by the Court to have violated any provision of the regulations governing affordable housing units the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the Court:
[1] 
A fine of not more than $1,000 per day or imprisonment for a period not to exceed 30 days, or both, unless otherwise specified below, provided that each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not a continuation of the initial offense;
[2] 
In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Affordable Housing Trust Fund of the gross amount of rent illegally collected;
[3] 
In the case of an owner who has rented his or her affordable unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the Court.
[4] 
All remedies at law and equity, including, but not limited to, injunctive relief and foreclosure.
(3) 
The municipality shall have the authority to levy fines against the owner of the development for instances of noncompliance with NJHRC advertising requirements [N.J.S.A. 52:27D-321.6.e.(2)], following written notice to the owner. The fine for the first offense of noncompliance shall be $5,000, the fine for the second offense of noncompliance shall be $10,000, and the fine for each subsequent offense of noncompliance shall be $15,000.
(4) 
The municipality may file a court action in the Superior Court seeking a judgment, which would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the low- or moderate-income unit.
(a) 
Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the affordable unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating owner shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale.
(b) 
The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the low- or moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for the full extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus shall be placed in escrow by the municipality for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the municipality for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the owner or forfeited to the municipality.
(c) 
Foreclosure due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as they apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.
(d) 
If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the municipality may acquire title to the affordable unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the affordable unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess that would have been realized from an actual sale as previously described.
(e) 
Failure of the low- or moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the owner to accept an offer to purchase from any qualified purchaser that may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- or moderate-income unit as permitted by the regulations governing affordable housing units.
(f) 
The affordable unit owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner.
(5) 
It is the responsibility of the municipal housing liaison and the administrative agent(s) to ensure that affordable housing units are administered properly. All affordable units must be occupied within a reasonable amount of time and be re-leased within a reasonable amount of time upon the vacating of the unit by a tenant. If an administrative agent or municipal housing liaison becomes aware of or suspects that a developer, landlord, or property manager has not complied with these regulations, it shall report this activity to the Division. The Division must notify the developer, landlord, or property manager, in writing, of any violation of these regulations and provide a 30-day cure period. If, after the 30-day cure period, the developer, landlord, or property manager remains in violation of any terms of this subchapter, including by keeping a unit vacant, the developer, landlord, or property manager may be fined up to the amount required to construct a comparable affordable unit of the same size and the deed-restricted control period will be extended for the length of the time the unit was out of compliance, in addition to the remedies provided for in this section. For the purposes of this subsection, a reasonable amount of time shall presumptively be 60 days, unless a longer period of time is required due to demonstrable market conditions and/or failure of the municipal housing liaison or the administrative agent to refer a certified tenant.
(6) 
Banks and other lending institutions are prohibited from issuing any loan secured by owner occupied real property subject to the affordability controls set forth in this subchapter if such loan would be in excess of amounts permitted by the restriction documents recorded in the deed or mortgage book in the county in which the property is located. Any loan issued in violation of this subsection is void as against public policy.
(7) 
The Agency and the Department hereby reserve, for themselves and for each administrative agent appointed pursuant to this subchapter, all of the rights and remedies available at law and in equity for the enforcement of this subchapter, including, but not limited to, fines, evictions, and foreclosures as approved by a county-level housing judge.
(8) 
Appeals.
(a) 
Appeals from all decisions of an administrative agent appointed pursuant to this subchapter must be filed, in writing, with the municipal housing liaison. A decision by the municipal housing liaison may be appealed to the Division. A written decision of the Division Director upholding, modifying, or reversing an administrative agent's decision is a final administrative action.
[Added 9-19-1985 by Ord. No. 85-28]
A. 
Any owner of multifamily residential development of 25 units or more existing on the date of this section which converts to a condominium form of ownership shall offer for sale to lower-income families furnished from a list provided by the Director of Human Resources of the Department of Planning of the Township of Bridgewater, 20% of those units which are not purchased by existing tenants or units accepted by tenants protected from conversion under the terms of N.J.S.A. 2A:18-61.22. Ten percent of said units shall be moderate-income units and 10% of all said units shall be low-income units.
B. 
No plan for conversion of the aforesaid multifamily residential development to a condominium form of ownership may be filed by any owner until the Bridgewater Director of Human Resources has approved the plan for sale of the lower-income units.
[Added 1-6-1997 by Ord. No. 97-5]
Notwithstanding any provision of this Chapter 126, Land Use, of the Code of the Township of Bridgewater to the contrary, the following supplementing regulations shall govern the development of a regional retail shopping complex within the M-1 Limited Manufacturing Zone:
A. 
The minimum tract size shall be 75 acres, with at least 2,000 feet of frontage along Route 202.
B. 
Except for allowances for emergency vehicular access as may be required by the Planning Board during its review of the submitted site plan, vehicular access to the site shall be restricted to Route 202.
C. 
A regional retail shopping complex may include any combination of the following individual uses: retail stores and shops; personal service establishments; a supermarket; professional and business offices; governmental offices; banks and/or restaurants, including drive-through facilities; and theaters.
D. 
The maximum floor area ratio (FAR) shall be 0.175, and the maximum improved lot coverage of the lot by buildings, structures, driveways, parking lots, pedestrian walkways, signs and other man-made improvements on the ground surface which are more impervious than the natural surface shall be 60%.
E. 
A minimum contiguous land area equal to at least 25% of the total tract area shall be preserved in its natural state and shall not be physically developed except by the Township for municipal purposes or by the Board of Education for school construction, subject to the following conditions:
(1) 
The preserved contiguous land area shall include lands with substantial existing vegetation and shall include lands directly abutting existing residential development.
(2) 
Except to the extent required for municipal or school purposes, the preserved contiguous land area shall be utilized as a buffer between the developed portions of the regional retail shopping complex and adjacent residentially developed areas.
(3) 
Any existing trees within the preserved contiguous land area shall be protected during construction.
(4) 
Where existing vegetation is insufficient to provide a buffer between the developed portions of the "regional retail shopping complex" and directly abutting existing residential development, the Planning Board may require additional landscaping as may be reasonably necessary to provide a buffer, including evergreen trees at least eight feet high at time of planting, berms two to three feet high, and/or fencing.
(5) 
A portion or portions of the preserved (open space) land area may be used for driveways and/or for necessary surface water management facilities and/or for other required infrastructure.
F. 
The minimum front yard building setback shall be 100 feet and the minimum front yard parking setback shall be 25 feet.
G. 
The minimum rear yard building setback shall be 100 feet and shall average 150 feet measured between the building's foundation and the property line, and the minimum rear yard parking setback shall be 100 feet.
H. 
The minimum side yard building setback shall be 100 feet and shall average 150 feet measured between the building's foundation and the property line, and the minimum side yard parking setback shall be 100 feet, provided that the required side yard building setback shall be reduced to 25 feet and the side yard parking setback shall be reduced to five feet where the lands to be developed abut lands used for railroad transportation.
I. 
No individual building and/or use shall exceed 150,000 gross square feet of area, except that no theater shall exceed 75,000 gross square feet of area.
J. 
More than one principal building shall be permitted, provided that all buildings are separated by a minimum of 20 feet when the separation area is to be used solely for pedestrian circulation or by a minimum of 50 feet when any portion of the separation area is to be used for parking and/or vehicular circulation.
K. 
The maximum height of all newly proposed buildings shall be 2 1/2 stories and 35 feet, provided that one existing building used for offices and not exceeding 100,000 square feet of floor area and 100 feet in height may remain on the site.
L. 
No merchandise, products or other material shall be displayed or stored outside, except that up to 20% of the gross floor area of a building occupied by a single tenant may be unroofed if used for the storage of material offered for sale within the building and/or for the sales area for plants and garden supplies, provided the following:
(1) 
The unroofed area shall be completely walled and appear from the outside to be part of the roofed portion of the building; and
(2) 
The unroofed area shall be set back at least 250 feet from any existing residential property line, provided that the required setback shall be reduced to 25 feet where the unroofed area abuts lands used for railroad transportation.
M. 
Off-street parking shall be provided in accordance with the following requirements:
(1) 
Retail stores and shops, personal service establishments, supermarkets and banks shall be provided parking at the ratio of one space per every 200 square feet of floor area.
(2) 
Professional and business offices shall be provided parking at the ratio of one space per every 250 square feet of floor area.
(3) 
Restaurants and theaters shall be provided parking at the ratio of one space per every three seats;
(4) 
Each required nonhandicapped parking space shall not be less than nine feet wide by 18 feet in length.
(5) 
Each required handicapped space shall not be less than eight feet by 18 feet in length and shall have an adjacent pedestrian access aisle at least five feet wide, provided that if a different requirement of a handicapped space has been adopted by the State of New Jersey, the most current requirement shall be met.
(6) 
The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the aisle or driveway.
(7) 
Aisles or driveways providing access to the parking spaces shall have the following minimum dimensions, provided that where the angle of parking is different on both sides of the aisle or driveway, the larger dimension shall be required:
Angle of Parking Space
One-Way Aisle/Driveway
Two-Way Aisle/Driveway
90°
Not permitted
24 feet
60°
18 feet
Not permitted
45°
15 feet
Not permitted
30°
12 feet
Not permitted
Parallel
12 feet
20 feet
N. 
Each off-street parking lot shall have a minimum area equivalent to one parking space per every 24 spaces landscaped, with approximately 1/2 said area having shrubs which will grow no higher than three feet and the other half having trees with a minimum caliper of 1 1/2 inch at time of planting and with branches not allowed to be lower than seven feet. Such landscaped area shall be distributed throughout the parking lot in order to break the view of parked cars in a manner not impairing visibility.
O. 
All buildings shall be provided adequate space in appropriate locations for off-street loading and unloading, with adequate ingress and egress and with adequate space for maneuvering and in accordance with the following:
(1) 
Loading and unloading activities shall be set back from all side and rear property lines at least 100 feet, provided that the required setback shall be reduced to 25 feet where the loading and unloading activities abut lands used for railroad transportation.
(2) 
Loading and unloading activities shall occur at the side or rear of a building and shall be located in visually unobtrusive areas with adequate screening provided by walls and/or plantings specifically approved by the Planning Board.
(3) 
Loading and unloading from a public street is not permitted.
(4) 
The method and location of loading and unloading for each building shall be specifically addressed as part of the application for development submitted to the Planning Board for approval.
P. 
There shall be at least one trash and garbage pickup location for each building or cluster of buildings, including provisions for the storage and collection of recyclable materials, in accordance with the following:
(1) 
The trash and garbage pickup locations shall be set back from all side and rear property lines at least 100 feet, provided that the required setback shall be reduced to 25 feet where a trash and garbage pickup location abuts lands used for railroad transportation.
(2) 
The trash and garbage location shall be provided in the rear or side yard area of each building or cluster of buildings and shall be separated from any parking spaces by either a location within a building or in a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets, pedestrian walkways and adjacent uses by a fence, wall, planting or combination thereof.
(3) 
If located within a building, a doorway may serve both the loading and trash/garbage functions, and if located outside the building, the trash and garbage location may be located adjacent to or within the general loading area(s), provided that the trash/garbage container in no way interferes with or restricts the loading and unloading activities.
Q. 
All parking areas and walkways thereto and appurtenant passageways and driveways shall be adequately illuminated for security and safety purposes according to the following:
(1) 
Lighting shall be provided by fixtures with a mounting height not more than 25 feet high.
(2) 
The lighting fixtures shall include non-glare, recessed lens lights focused downward in order to mitigate against adverse impacts upon adjacent and nearby residential properties, the safety of the traffic along adjacent roadways and overhead skyglow.
(3) 
Except for lighting necessary, and/or advisable for security and business operation purposes, all other lighting shall be on circuit timers and shall be automatically turned off after business hours.
(4) 
A lighting plan shall be submitted indicating the location, direction of illumination, power and isolux curves for each fixture, including details of the lighting poles and the luminaires.
R. 
All signs for regional retail shopping complex shall adhere to a common architectural theme and may include the following:
(1) 
A regional retail shopping complex may have two internally lit freestanding signs identifying the name of the shopping complex and anchor tenants, with each sign not exceeding 250 square feet on each side. Each freestanding sign may be attached to a decorative tower as may be approved by the Planning Board. Each freestanding sign shall not exceed 25 feet in height, and each sign and any decorative tower to which it is attached shall be set back at least 30 feet from all property lines.
(2) 
Where an individual activity occupying at least 1,000 square feet of floor area has direct access from the outside, a sign identifying the name of the activity shall be permitted to be attached flat against the building on the front wall of the building near the entrance to the activity, with an additional such sign attached to a side wall if the activity is located at the end of a building. The size of each such sign shall be equal to one square foot of sign area per one linear foot of building frontage or building side occupied by the activity.
(3) 
Where the design of a regional retail shopping complex includes a roof over a common walkway along the front of a building, an additional sign identifying the name of an individual activity occupying at least 500 square feet of habitable floor area may be suspended in perpendicular fashion from the roof over the common walkway. The size of the suspended signs shall be as determined by the Planning Board. In any case, suspended signs shall be no closer than 10 feet at their lowest point to the finished grade below.
(4) 
Additional signs or larger or smaller signs may be approved by the Planning Board to be situated within the regional retail shopping complex, provided that the aggregate square footage of all the signs within the regional retail shopping complex does not exceed the maximum aggregate square footage allowed hereinabove.
S. 
Subsequent to final site plan approval by the Bridgewater Township Planning Board and notwithstanding any requirement of the Land Use Ordinance to the contrary, a building within the regional retail shopping complex may be subdivided from the remainder of the complex without in any way affecting the approved site plan, provided that the following conditions are met:
(1) 
That the subdivided land area contains 1/2 of the parking spaces calculated for the subject building and its use in accordance with the applicable provisions specified in Subsection L of this section hereinabove.
(2) 
That the remaining parking spaces calculated for the subject building and its use in accordance with the applicable provisions specified in Subsection L of this section hereinabove shall be shared with the uses in the remainder of the regional retail shopping complex and be made available to the subject building via a cross easement agreement.
(3) 
That the subdivided land area and subject building remain bound by the site plan approval of the regional retail shopping complex granted by the Planning Board.
T. 
All of the other requirements of Chapter 126, Land Use, of the Code of Township of Bridgewater governing development within the M-1 Limited Manufacturing Zone which are not contrary to the provisions specified hereinabove shall be met.
U. 
The Planning Board shall require, as a condition of site approval, the entry into a developer's agreement with the Township Council, setting forth the factors and conditions to which such site plan approval will be subject. The developer's agreement shall be in a form satisfactory to the Township Attorney and Township Council and shall include but may not be limited to provisions relating to the following:
(1) 
The disposition of lands required to be set aside for public, semipublic and/or open space and outdoor recreation uses.
(2) 
The disposition of lands adjacent to a regional retail shopping project under the control of either the applicant or the property owner to assure compatibility with the activities of a regional retail shopping project.
(3) 
The phasing, financing and extent of off-tract traffic improvements.
(4) 
Public approvals and municipal and developer actions required to implement public infrastructure improvements such as public sewers and stormwater control.
(5) 
Payment of affordable housing obligation fees.
(6) 
The developer's obligation to maintain the project and comply with site plan approval conditions dealing with signage, building exteriors, landscaping, drainage, security, buffer areas and open spaces, trash removal and internal roadways.
(7) 
Cleanup of any environmentally contaminated area. The municipality shall not have any responsibility for cleanup or site remediation.
(8) 
Consideration of regional center impacts.
(9) 
Agreements to support fire and rescue squads.
[Added 12-17-2012 by Ord. No. 12-21]
A. 
Purpose. The purpose of this section is to establish regulations for the location and design of wireless communication facilities that recognize the need to balance the technical requirements of the wireless telecommunications industry with the Township's desire to minimize the visual and other adverse effects of such facilities. The section expresses a preference for locations on Township property acknowledging the ability of the Township to exert greater controls arising from ownership rights and a preference for the co-location of new wireless communication facilities on existing or approved wireless communication support structures that are in nonresidential areas.
B. 
Applicability. This section shall apply to all new wireless telecommunication facilities and to applications for co-location or for other expansions to existing approved wireless telecommunication facilities. An application for development to co-locate wireless communications equipment on a wireless communications support structure, including but not limited to a monopole, self-supporting lattice tower, guyed tower or utility pole or in an existing equipment compound, shall not be subject to site plan review provided the application meets the following requirements:
(1) 
The wireless communications support structure shall have been previously granted all necessary approvals by the appropriate approving authority.
(2) 
The proposed co-location shall not increase:
(a) 
The overall height of the wireless communications support structure by more than 10% of the original height of the wireless communications support structure;
(b) 
The width of the wireless communications support structure; or
(c) 
The square footage of the existing equipment compound to an area greater than 2,500 square feet.
(3) 
The proposed co-location complies with the final approval of the wireless communications support structure and all conditions attached thereto and does not create a condition for which variance relief would be required or for which relief would be required pursuant to any other applicable law, rule or regulation.
(4) 
Documentation is provided to the Township Zoning Officer demonstrating that the above requirements are satisfied.
C. 
General requirements.
(1) 
Wireless telecommunications facilities including both support structures and wireless telecommunications equipment shall be considered a composite principal use and a composite principal structure.
(2) 
The location of wireless telecommunications facilities on a property with a conforming principal use shall not be considered to violate any zoning restriction limiting a lot to only one principal use and one principal structure.
(3) 
The location of wireless telecommunications facilities on a property developed with a nonconforming use shall be considered to constitute an expansion of the nonconforming use necessitating a variance under N.J.S.A. 40:55D-70d.
(4) 
The Planning Board and the Board of Adjustment shall have the ability in accordance with the Municipal Land Use Law[1] to engage experts to assist in the review of applications and to require that the applicant fund an escrow account to pay for such experts.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D. 
Wireless communication facilities as a permitted use.
(1) 
New wireless communications facilities and the co-location of such facilities shall be a permitted use on any property owned by the Township of Bridgewater.
E. 
Wireless communication facilities as a conditional use. Wireless communication facilities shall be allowed as a conditional use subject to the following:
(1) 
The wireless communications facilities are situated within any of the following primarily nonresidential zones: C-1, C-1A, C-2, C-2(BRC), C-3, C-3A, C-3B, C-4, C-5, C-6, GC, GCE, GCM, HEC, HIC, LC, M-1, M-1A, M-1B, M-1C, M-2, M-3, MPD, P, P-2, PRCPD and SED.
(2) 
The wireless communications support structure is at least 1,000 feet from a zoning district that is primarily residential. Zones considered primarily residential shall include, but not be limited to, the following: R-10, R-10A, R-10B, R-10.C, R-10.1, R-20, R-20.1, R-40, R-40A, R-40B, R-40C, R-40 PURD, R-40 MDU, R-40 MDU-1, R-50, R-MDU-5, R-MDU-6, R-MDU-8, R-MDU-10.5, SC/HD and SC/MD.
[Amended 7-15-2015 by Ord. No. 15-09; 5-16-2022 by Ord. No. 22-02]
(3) 
The applicant for a wireless telecommunications facility has submitted a list of eligible locations in the applicant's search area and has ranked the locations in accordance with the priorities in § 126-199.3A of the Township Land Use Ordinance.
F. 
Wireless telecommunication facilities prohibited.
(1) 
Wireless telecommunication facilities shall be prohibited in all zones other than the primarily nonresidential zones listed in Subsection E(1) above.
(2) 
Wireless telecommunication facilities shall be prohibited on any nonpublic property, or portion of such property or within any district designated by the Township as historic or on any property listed on the New Jersey State Register or the National Register of Historic Places.
G. 
Dimensional standards for wireless telecommunication facilities.
(1) 
Ground-mounted equipment shall be limited to a height of 12 feet above the existing grade and shall be no closer to side or rear property lines than the minimum setbacks applicable to accessory structures within the zone.
(2) 
Wireless support structures other than existing buildings shall be set back from the closest property line a distance equal to at least 120% of the height of the composite support structure and attached antennae measured from the highest point of the composite facility to the existing ground level at the base of the facility.
(3) 
Wireless telecommunication facilities shall not be located in required minimum front yard setback areas or closer to the front property line than the setback of the existing building, whichever is more restrictive.
(4) 
No signs shall be permitted except for signs two square feet or less in area that display owner contact information, safety warnings or instructions, and equipment information.
H. 
Use variance standards. When a proposed wireless telecommunication facility requires a use variance under N.J.S.A. 40:55D-70d, the Bridgewater Board of Adjustment shall take into account the following factors in determining whether the proposed site is particularly suited for the proposed use and whether the other statutory criteria have been satisfied in consideration of satisfying the application:
(1) 
The site location priorities in § 126-199.3A of this chapter have been considered.
(2) 
The proposed facility will fill the coverage gap in the least intrusive manner.
(3) 
The applicant has demonstrated a good faith effort to thoroughly investigate alternate sites, alternate technologies, and alternate designs such as stealth designs that minimize the aesthetic impacts to the surrounding area.
(4) 
Where a new wireless communication facility is proposed on a site already in use, the applicant has evaluated the effect of the new facility on the existing use. If the existing use is a legal nonconforming use, the applicant has evaluated the degree of intensification of such nonconforming use.
(5) 
The site and supporting structure design is capable of supporting more than one wireless carrier.
I. 
Abandoned facilities. The provider of wireless communication services shall inform the Township Zoning Officer of any wireless communication equipment or support structures under its control that have not been in continuous service for more than 12 months within 30 days of the twelve-month period whereupon the Township Zoning Officer shall declare such facility abandoned. In such instance, and in instances where the Township Zoning Officer has independently determined abandonment, the provider shall have the right to apply to the Bridgewater Board of Adjustment to demonstrate that the facility had not been abandoned. Upon a determination of abandonment by the Township Zoning Officer, the owner of the wireless communication facility shall remove such facility with 90 days and, if such removal does not occur within the mandated time period, the Township shall have the right to have the facility removed with the costs associated therewith charged to the property owner as a lien pursuant to Township ordinances and state law. The Township Zoning Officer may for good cause extend the time period for removal for up to one year.
J. 
Nonconforming structures and uses. Wireless communication facilities shall be subject to the provisions of Article XLVIII of the Land Use Ordinance concerning nonconforming uses and structures. Changes to approved wireless communication facilities that improve structural integrity or upgrade such facilities to current engineering, technological or telecommunication standards without substantially altering the visual impact of such facilities shall not constitute prohibited expansions or modifications of the nonconforming structure or use.
K. 
The requirements of this section shall not apply to wireless telecommunications facilities constructed on land owned by the municipality. The construction of said wireless telecommunications facilities shall still be subject to site plan review and approval by the Township Planning Board, as well as all other applicable local, state and federal ordinances, regulations and statutes.
[Added 8-17-2015 by Ord. No. 15-32]