A.
Establishment. The Planning Board presently in existence pursuant
to N.J.S.A. 40:55D-23 is hereby continued to consist of nine members
of the following four classes and two alternates.
(1)
Class I: Mayor.
(2)
Class II: one of the officials of the Township other than a member
of the Township Committee, to be appointed by the Mayor; provided
that if there is an Environmental Commission, the member of the Environmental
Commission who is also a member of the Planning Board as required
by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board
member if there is both a member of the Zoning Board of Adjustment[1] and a member of the Board of Education among the Class
IV members.
[1]
Editor's Note: Ord. No. 12-2002, adopted 12-23-2002, provided
that the Planning Board shall hereafter, pursuant to N.J.S.A. 40:55D-25(3)(c),
exercise all the powers of the Board of Adjustment.
(3)
Class III: one member of the Township Committee, to be appointed
by it.
(4)
Class IV: six other citizens of the Township, to be appointed by
the Mayor. The members of Class IV shall hold no other municipal office,
position or employment, except that one member may be a member of
the Zoning Board of Adjustment[2] and one may be a member of the Board of Education. A member
of the Environmental Commission who is also a member of the Planning
Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning
Board member unless there is among the Class IV or alternate members
of the Planning Board both a member of the Zoning Board of Adjustment[3] and a member of the Board of Education, in which case
the member of the Environmental Commission shall be deemed to be the
Class II member of the Planning Board. For the purpose of this section,
membership on a municipal board or commission whose function is advisory
in nature, and the establishment of which is discretionary and not
required by statute. shall not be considered the holding of municipal
office.
[2]
Editor's Note: Ord. No. 12-2002, adopted 12-23-2002, provided
that the Planning Board shall hereafter, pursuant to N.J.S.A. 40:55D-25(3)(c),
exercise all the powers of the Board of Adjustment.
[3]
Editor's Note: Ord. No. 12-2002, adopted 12-23-2002, provided
that the Planning Board shall hereafter, pursuant to N.J.S.A. 40:55D-25(3)(c),
exercise all the powers of the Board of Adjustment.
(5)
Alternates. The Mayor shall also appoint two alternate members who
shall meet the qualifications of Class IV members. Alternate members
shall be designated by the Mayor at the time of appointment as "Alternate
No. 1" and "Alternate No. 2."
B.
Terms.
(1)
The term of the member composing Class I shall correspond to his/her
official tenure.
(2)
The terms of the members composing Class II and Class III shall be
for one year or terminate at the completion of their respective terms
of office, whichever comes first, except for a Class II member who
is also a member of the Environmental Commission. The term of a Class
II or Class IV member who is also a member of the Environmental Commission
shall be for three years or terminate at the completion of his/her
term of office as a member of the Environmental Commission, whichever
comes first.
(3)
The term of a Class IV member who is also a member of the Board of
Adjustment[4] or the Board of Education shall terminate whenever he
is no longer a member of such other body or at the completion of his
Class IV term, whichever comes first.
[4]
Editor's Note: Ord. No. 12-2002, adopted 12-23-2002, provided
that the Planning Board shall hereafter, pursuant to N.J.S.A. 40:55D-25(3)(c),
exercise all the powers of the Board of Adjustment.
(4)
The terms of all Class IV members first appointed pursuant to this
chapter shall be so determined that, to the greatest practicable extent,
the expiration of such terms shall be distributed evenly over the
first four years after appointment as determined by resolution of
the governing body; provided, however, that no term of any member
shall exceed four years, and further provided that nothing herein
shall affect the term of any present member of the Planning Board,
all of whom shall continue in office until the completion of the terms
for which they were appointed. Thereafter, all Class IV members shall
be appointed for terms of four years or less, as needed to evenly
distribute expiration dates as provided above. All terms shall run
from January 1 of the year in which the appointment was made.
C.
Vacancies. If a vacancy of any class shall occur otherwise than by
expiration of term, it shall be filled by appointment as above provided
for the unexpired term.
D.
Organization of Board. The Planning Board shall elect a Chairman
and Vice Chairman from the members of Class IV and select a Secretary
who may or may not be a member of the Planning Board or a municipal
employee.
E.
Experts and staff. The Planning Board may employ or contract for
and fix the compensation of a Planning Board Attorney other than the
Township Attorney; other experts; staff personnel; and other services
as it may deem necessary. In no case however, shall the Board exceed,
exclusive of gifts or grants, the amount appropriated by the governing
body for its use.
F.
Powers and duties generally. The Planning Board is authorized to
adopt bylaws governing its procedural operation. It shall also have
the following powers and duties:
(1)
To make and adopt and, from time to time, amend a Master Plan for
the physical development of the municipality, including any areas
outside its boundaries which in the Board's judgment bear essential
relation to the planning of the municipality, in accordance with the
provisions of N.J.S.A. 40:55D-28. Prior to formal adoption, a public
hearing shall be held by the Buena Vista Township Planning Board in
accordance with applicable provisions contained in N.J.S.A. 40:55D-10
through 40:55D-14.
(2)
To administer provisions of all development regulations of the municipality
in accordance with the provisions of said regulations, N.J.S.A. 40:55D-1
et seq. and N.J.S.A. 13:18A-1 et seq.
(3)
To participate in the preparation and review of programs or plans
required by state or federal law or regulations.
(4)
To assemble data on a continuing basis as part of a continuous planning
process.
(5)
To annually prepare a program of municipal capital improvement projects
projected over a term of six years, and amendments thereto, and recommend
the same to the governing body.
(6)
To consider and make a report to the governing body, within 35 days
after referral, as to any proposed development regulations submitted
to it pursuant to the provisions of N.J.S.A. 40:55D-26a and also pass
upon other matters specifically referred to the Planning Board by
the governing body, pursuant to the provisions of N.J.S.A. 40:55D-26b.
(7)
Application review.
(a)
When reviewing applications for approval of subdivision plats,
site plans or conditional uses, to grant to the same extent and subject
to the same restrictions as the Zoning Board of Adjustment:[5]
[1]
Variances pursuant to N.J.S.A. 40:55D-70c.
[2]
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit
for a building or structure in the bed of a mapped street or public
drainageway, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55D-32.
[3]
Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit
for a building or structure not related to a street.
[5]
Editor's Note: Ord. No. 12-2002, adopted 12-23-2002, provided
that the Planning Board shall hereafter, pursuant to N.J.S.A. 40:55D-25(3)(c),
exercise all the powers of the Board of Adjustment.
(b)
Whenever relief is requested pursuant to this subsection, notice
of a hearing on the application for development shall include reference
to the request for a variance or direction for issuance of a permit,
as the case may be.
(8)
To exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the governing body for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to § 115-57E(2) of this chapter.
(9)
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the governing body for the aid and assistance of
the governing body or other agencies or officers.
G.
Development applications and time constraints.
(1)
Application procedure.
(a)
Any applicant for subdivision or site plan review and approval
shall obtain all necessary forms from the Planning Board administrative
officer. Except as otherwise provided in N.J.S.A. 40:55D-76, a developer
seeking an application for development shall transmit 15 copies of
all plans, and all other documents, together with a completed application
form, to be received by the Planning Board Secretary and/or administrative
officer at least 15 business days prior to a regularly scheduled Planning
Board meeting.
[Amended 10-13-1998 by Ord. No. 18-1998]
(b)
The Planning Board or its Subdivision Committee, at its regularly
scheduled meeting, shall determine, on the basis of advice from the
Township Engineer and the Board's administrative officer, that the
application is complete and properly submitted as of that date; or
that the application is incomplete, in which case the developer shall
be advised within 45 days of his initial submission to the Planning
Board as to the additional materials required. An amended application,
together with any required revised site plan or major subdivision
plat, shall be submitted in the same manner as the original application.
(2)
Initial approvals.
(a)
Application for minor subdivisions and site plans for conventional
development of 10 acres or less shall not be subject to public notice
requirements as provided in N.J.S.A. 40:55D-12. Final approval in
the case of minor subdivisions and preliminary approval in the case
of site plans of 10 acres or less shall be granted or denied within
45 days from the date an application is determined to be complete
or within such further time as may be consented to by the applicant.
Approval of a minor subdivision shall expire 190 days from the date
of the Planning Board approval, unless within such period a plat,
in conformity with such approval and the provisions of the Map Filing
Law[6] or a deed clearly describing the approved minor subdivision
is filed by the developer with the County Clerk, the Township Engineer
and the Municipal Tax Assessor. Copies filed with the Township Engineer
and Tax Assessor must show proof of filing with the County Clerk.
Any such deed must be signed by the Chairman and Secretary of the
Buena Vista Township Planning Board before it will be accepted for
filing by the County Clerk.
[6]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(b)
Preliminary approval.
[1]
Preliminary applications for major subdivisions, site plans
for conventional developments of more than 10 acres or any planned
development shall be subject to public hearing after notice properly
given by the applicant, and preliminary approval shall be granted
or denied within 95 days from the date an application is determined
to be complete, or within such further time as may be consented to
by the developer. Otherwise the Planning Board shall be deemed to
have granted preliminary approval of the subdivision plat or site
plan and a certificate of the administrative officer as to the failure
of the Planning Board to act shall be issued on request of the applicant.
[2]
In the event that preliminary approval of a subdivision or site
plan is denied because of failure to comply with municipal or regional
development regulations, a notation to that effect, together with
the signature of the administrative officer of the Planning Board,
shall be placed on the plat and reasons for the denial shall be stated
in the denial resolution.
[3]
Preliminary approval of a major subdivision or site plan shall be granted by resolution which shall set forth any conditions that must be met, including required performance guaranties and plat changes that must be made precedent to final action. A notation indicating preliminary approval shall be placed on each plat, said notation to clearly state that preliminary approval does not authorize recording in the case of a subdivision nor the issuance of a development permit in the case of a site plan, together with the signature of the Chairman or Secretary of the Buena Vista Township Planning Board. In the Pinelands Area, all such approvals shall be subject to the notice and review procedures in §§ 115-26 and 115-27.
[4]
Preliminary approval of a subdivision plat or site plan shall
confer upon the developer the following rights:
[a]
That the general terms and conditions on which
approval was granted shall not be changed for a three-year period
from the date of the preliminary approval, unless modified by ordinance
with respect to public health or public safety objectives;
[b]
That the developer may submit for final approval,
on or before the expiration date of preliminary approval, the whole
or a section or sections of the preliminary subdivision plat or site
plan; and
[c]
That the developer may apply for and the Planning
Board may grant extension of one year or longer as provided in N.J.S.A.
40:55D-49 of the Municipal Land Use Law.
(3)
Final approval of site plans and major subdivisions.
(a)
Except as otherwise provided in N.J.S.A. 40:55D-76, a developer
seeking final approval of a site plan or major subdivision shall,
with the knowledge of the zoning administrative officer, submit six
paper prints of the final plan, together with originals and processed
tracings as required by the Map Filing Law[7] in the case of subdivisions, along with a completed application
form, to the Planning Board administrative officer at least 10 days
prior to a regularly scheduled Planning Board meeting.
[7]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(b)
The Planning Board, at its next regular meeting, shall determine,
on the basis of advice from the Township Engineer and the Board's
administrative officer, that the application is complete and properly
submitted as of that date, or that the application is incomplete or
in error, in which case the developer shall be advised within 45 days
of his initial submission to the Planning Board for final approval
as to the additional material or corrections required. An amended
application, together with any required revised plans, shall be submitted
in the same manner as the original application.
(c)
Final approval of a major subdivision or site plan shall be granted only after all requirements and conditions imposed at the time of preliminary approval have been complied with. A notation indicating approval shall be placed on each plat, together with the signatures of the Chairman and Secretary of the Buena Vista Township Planning Board. In the Pinelands Area, all such approvals shall be subject to the notice and review procedures in §§ 115-26 and 115-27.
(d)
In the event that final approval of a subdivision or site plan
is denied because of failure to comply with municipal or regional
development regulations, a notation to that effect, together with
the signature of the administrative officer of the Planning Board,
shall be placed on the plat, and reasons for denial shall be stated
in the denial resolution.
(e)
An application for final approval shall be granted or denied
within 45 days from the date it is determined to be complete, or within
such further time as may be consented to by the applicant. Otherwise,
the Planning Board shall be deemed to have granted final approval,
and a certificate of the Planning Board administrative officer as
to the failure of the Planning Board to act shall be issued upon request
of the applicant.
(f)
Final approval of a major subdivision shall expire 95 days from
the date of signing of the plat unless, within such period, the plat
shall have been duly filed by the developer with the County Clerk.
The Planning Board, for good cause shown, may extend the period for
recording for an additional period, not to exceed 190 days from the
date of signing of the plat.
(g)
Final approval of a site plan or major subdivision shall confer
upon the developer the following rights:
[1]
Zoning requirements applicable to the preliminary approval first granted and all rights conferred upon the developer as set forth in Subsection G(2)(b) of this section, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval; provided that in the case of a major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded in accordance with the expiration provisions set forth in this section. If the developer has followed the standards prescribed for final approval and, in the case of a major subdivision, has duly recorded the plat as required herein, the Planning Board may extend such period of protection for extensions of one year, but not to exceed three such extensions. Notwithstanding any other provisions of this chapter, the granting of final approval of a major subdivision or site plan terminates the time period of preliminary approval given pursuant to Subsection G(2)(b) of this section for any portions granted final approval.
[2]
In the case of a subdivision or site plan for a planned development or residential cluster of 50 acres or more, or a conventional subdivision or site plan for 150 acres or more, the Planning Board may extend the period of protection granted under Subsection G(3)(a) above, as provided in N.J.S.A. 40:55D-52.
[3]
Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in Subsection F(7) of this section, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application as provided in Subsection G(2)(b) of this section or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant.
H.
Advisory Committee. The Mayor may appoint one or more persons as
a Citizens Advisory Committee to assist or collaborate with the Planning
Board in its duties, but such person or persons shall have no power
to vote or take other action required of the Board. Such person or
persons shall serve at the pleasure of the Mayor.
I.
Rules and regulations. The Board shall adopt such rules and regulations
as may be necessary to carry into effect the provisions and purpose
of this chapter. In the issuance of subpoenas, administrations of
oaths and taking testimony, the provisions of the County and Municipal
Investigations Law (N.J.S.A. 2A:67A-1 et seq) shall apply.
A.
Establishment. The Zoning Board of Adjustment presently in existence
pursuant to N.J.S.A. 40:55D-69 is hereby continued, to consist of
seven regular members and two alternate members who shall be residents
of the Township and appointed by the Mayor.
B.
Terms. The members of the Board of Adjustment shall continue until
their respective terms expire. Thereafter, the term of each member
shall be four years from January 1 of the year of appointment. The
terms of members first appointed under this chapter shall be so determined
that, to the greatest practicable extent, the expiration of such terms
shall be distributed, in the case of regular members, evenly over
the first four years after their appointment and, in the case of alternate
members, evenly over the first two years after their appointment;
provided that the initial term of no regular member shall exceed four
years and that the term of no alternate member exceed two years. Thereafter,
the term of each regular member shall be four years and the term of
each alternate member shall be two years.
C.
Alternates. The Mayor shall appoint two alternate members who shall
be designated at the time of their appointment as "Alternate No. 1"
and "Alternate No. 2." Alternate members shall meet the same qualifications
as regular members. Alternate members may participate in discussions
of the proceedings, but may not vote except in the absence or disqualification
of a regular member. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
D.
Conflicts. No member of the Board of Adjustment shall be permitted
to act on any matter in which he/she has, either directly or indirectly,
any personal or financial interest. No member may hold elective office
or position under the municipality.
E.
Vacancies. A vacancy occurring otherwise than by expiration of term
shall be filled for the unexpired term only, as hereinabove provided.
F.
Removal. A member, after public hearing if he/she requests it, may
be removed by the Township Committee for cause.
G.
Officers. The Board of Adjustment shall elect a Chairman and Vice
Chairman from its members and shall select a Secretary who may or
may not be a Board member or another municipal employee.
H.
Rules and regulations. The Board of Adjustment shall adopt such rules
and regulations as may be necessary to carry into effect the provisions
and purposes of this chapter. In the issuance of subpoenas, administration
of oaths and taking of testimony, the provisions of the County and
Municipal Investigations Law (N.J.S.A. 2A:67A-1 et seq.) shall apply.
I.
Powers granted by law. The Board of Adjustment shall have such powers
as are granted by law to:
(1)
Hear and decide appeals where it is alleged by the appellant that
there is error in any order, requirement, decision or refusal made
by an administrative official or agency based on or made in the enforcement
of zoning regulations;
(2)
Hear and decide, in accordance with the provisions of the Buena Vista
Township development regulations, requests for interpretation of the
Zoning Map or Zoning Ordinance,[2] or for decisions on other special questions upon which
such Board is authorized to pass by any zoning or official map regulation;
[2]
Editor's Note: The former Zoning Ordinance, which constituted
former Ch. 98, was superseded by this chapter. The Zoning Map is on
file in the office of the Township Clerk.
(3)
Hardship variance.
(a)
Where, by reason of exceptional narrowness, shallowness or shape
of a special piece of property or by reason of exceptional topographic
conditions or physical features uniquely affecting a specific piece
of property or by reason of an extraordinary and exceptional situation
uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of any regulation
pursuant to N.J.S.A. 40:55D-62 through 40:55D-68 would result in peculiar
and exceptional practical difficulties to or exceptional and undue
hardship upon the developer of such property, grant, upon an application
or an appeal relating to such property, a variance from such strict
application of such regulation so as to relieve such difficulties
or hardship;
(b)
Where, in an application or appeal relating to a specific piece of property, the purposes of this chapter would be advanced by a deviation from the chapter requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to N.J.S.A. 40:55D-62 through 40:55D-68; provided, however, that no variance from those departures enumerated in Subsection I(4) below shall be granted under this subsection; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for variance pursuant to N.J.S.A. 40:55D-60a.
(4)
Other variance.
(a)
In particular cases and for special reasons, grant a variance
to allow departure from regulations pursuant to N.J.S.A. 40:55D-62
through 40:55D-68 to permit:
[1]
A use or principal structure in a district restricted against
such use or principal structure.
[2]
An expansion of a nonconforming use.
[3]
Deviation from a specification or standard pursuant to N.J.S.A.
40:55D-67 pertaining solely to a conditional use.
[4]
An increase in the permitted floor area ratio as defined in
N.J.S.A. 40:55D-4. A variance under this subsection shall be granted
only by affirmative vote of at least five members.
(b)
No variance or other relief may be granted under the terms of
this subsection unless such variance or other relief can be granted
without substantial detriment to the public good and will not substantially
impair the intent and purpose of the zone plan and Zoning Ordinance.[3]
[3]
Editor's Note: The former Zoning Ordinance, which constituted
former Ch. 98, was superseded by this chapter.
(c)
An application under this subsection may be referred to any
appropriate person or agency for its report; provided that such reference
shall not extend the period of time within which the Zoning Board
of Adjustment shall act.
J.
Additional powers. In addition to the basic powers set forth in Subsection I above, the Board of Adjustment shall also have the following powers:
(1)
To issue certificates of appropriateness in any Pinelands Area pursuant
to N.J.A.C. 7:50-6.153(b).
(2)
To grant to the same extent and subject to the same restrictions
as the Planning Board subdivision or site plan approval pursuant to
N.J.S.A. 40:55D-37 through 40:55D-59[4] or conditional use approval pursuant to N.J.S.A. 40:55D-67
whenever the proposed development requires approval by the Board of
Adjustment of a variance pursuant to N.J.S.A. 40:55D-70d. The developer
may elect to submit a separate application requesting approval of
the variance and a subsequent application for any required approval
of a subdivision, site plan or conditional use. The separate approval
of the variance shall be conditioned upon grant of all required subsequent
approvals by the Board of Adjustment. No such subsequent approval
shall be granted unless such approval can be granted without substantial
detriment to the public good and without substantial impairment of
the intent and purpose of the zone plan and Zoning Ordinance.[5] The number of votes of the Board members required to grant
any such subsequent approval shall be as otherwise provided in N.J.S.A.
40:55D-1 et seq. for the approval in question, and the special vote
pursuant to the aforesaid of N.J.S.A. 40:55D-70d shall not be required.
(3)
To direct the issuance of a permit pursuant to N.J.S.A. 40:55D-34
for a building or structure in the bed of a mapped street or public
drainageway, flood control basin or public area reserved on the official
map.
(4)
To direct the issuance of a permit pursuant to N.J.S.A. 40:55D-36
for a building or structure not related to a street.
K.
Appeals and applications to the Board of Adjustment.
(1)
Appeals to the Board of Adjustment may be taken by any interested
party affected by any decision of the Zoning Officer made in enforcement
of the Zoning Code. Such appeal shall be taken within 20 days by filing
a notice of appeal with the Zoning Officer, specifying the grounds
of such appeal. The Zoning Officer shall immediately transmit to the
Board of Adjustment all the papers constituting the record upon which
the action appealed from was taken.
(2)
A developer may file an application for development with the Board
of Adjustment under any of its powers without prior application to
the Zoning Officer. Except as as otherwise provided in N.J.S.A. 40:55D-76,
a developer seeking an application for development shall transmit
15 copies of all plans, and all other documents, together with a completed
application form, to be received by the Zoning Board of Adjustment
Secretary and/or administrative officer at least 15 business days
prior to a regularly scheduled Planning Board meeting.
[Amended 10-13-1998 by Ord. No. 18-1998]
L.
Time for decision. The Board of Adjustment shall render a decision
not later than 120 days after the date an appeal is taken from the
decision of an administrative officer, or the date of submission of
a complete application for development to the Board of Adjustment
pursuant to N.J.S.A. 40:55D-72b. Failure of the Board to render a
decision within such period, or within a time period extension agreed
to by the applicant, shall constitute a decision favorable to the
applicant.
M.
Modification of appeal. The Board of Adjustment may reverse or affirm,
wholly or in part, or may modify the action, order, requirement, decision,
interpretation or determination appealed from and to that end have
all the powers of the administrative officer from whom the appeal
was taken.
N.
Stay of proceedings by appeal. An appeal to the Board of Adjustment
stays all proceedings in the furtherance of the action in respect
to which the decision appealed from was made, unless the officer from
whom the appeal is taken certifies to the Board of Adjustment, after
the notice of appeal shall have been filed with him, that by reason
of facts stated in the certificate, a stay would, in his opinion,
cause imminent peril to life or property. In such case, proceedings
shall not be stayed otherwise than by an order of the Superior Court
of New Jersey to the officer from whom the appeal is taken and on
due cause shown.
O.
Expense and costs. The Township Committee shall make provision in
its budget and appropriate funds for the expenses of the Board of
Adjustment. The Board of Adjustment may employ or contract for and
fix the compensation of legal counsel, other than the Township Attorney,
and experts and other staff and services as it shall deem necessary,
not exceeding, exclusive of gifts and grants, the amount appropriated
by the Township Committee for its use.
P.
Annual report of variances. The Board of Adjustment shall, at least
once a year, review its decisions on applications and appeals for
variances and prepare and adopt by resolution a report of its findings
on zoning ordinance provisions which are the subject of variance requests
and its recommendations for zoning ordinance amendment or revision,
if any. The Board of Adjustment shall send copies of the report and
resolution to the governing body and the Planning Board.
[1]
Editor's Note: Ord. No. 12-2002, adopted 12-23-2002, provided
that the Planning Board shall hereafter, pursuant to N.J.S.A. 40:55D-25(3)(c),
exercise all the powers of the Board of Adjustment.
A.
Meetings.
(1)
Each municipal agency shall by its rules fix the time and place for
holding its regular meetings for business authorized to be conducted
by such agency. Regular meetings of each municipal agency shall be
scheduled not less than once a month and be held as scheduled unless
canceled for lack of applications for development to process.
(2)
A municipal agency may provide for special meetings, at the call
of its chairman, or on request of any two members, which shall be
held on notice to its members and the public in accordance with N.J.S.A.
10:4-6 et seq.
(3)
No action shall be taken at any meeting without a quorum being present.
(4)
All actions shall be taken by majority vote of a quorum except as
otherwise required by N.J.S.A. 40:55D-32, 40:55D-34, 40:55D-62, 40:55D-63
and Subsections 40:55D-17a, 40:55D-26a, 40:55D-26b and 40:55D-70d.
Failure of a motion to receive the number of votes required to approve
an application for development shall be deemed an action denying the
application.
(5)
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meetings Act, N.J.S.A. 10:4-6
et seq.
(6)
An executive session for the purpose of discussing and studying any
matters to come before the agency shall be deemed a regular or special
meeting within the meaning of N.J.S.A. 40:55D-1 et seq.
B.
Minutes. Minutes of every regular or special meeting shall be kept
and shall include the names of the persons appearing and addressing
the municipal agency and of the persons appearing by attorney, the
action taken by the municipal agency, the findings, if any, made by
it and reasons therefor. The minutes shall thereafter be made available
for public inspection during normal business hours at the office of
the administrative officer (Planning Board or Board of Adjustment[1] Secretary.) Any interested party shall have the right
to compel production of the minutes for use as evidence in any legal
proceedings concerning the subject matter of such minutes. Such interested
party may be charged a reasonable fee for reproduction of the minutes
in an amount sufficient to cover the cost of such reproduction.
[1]
Editor's Note: Ord. No. 12-2002, adopted 12-23-2002, provided
that the Planning Board shall hereafter, pursuant to N.J.S.A. 40:55D-25(3)(c),
exercise all the powers of the Board of Adjustment.
C.
Hearings.
(1)
Required hearings. The Planning Board and Zoning Board of Adjustment
shall hold a hearing on each application for development.
(2)
Rules for conducting hearings. The Planning Board and Board of Adjustment[2] shall make rules governing the conduct of hearings before
such bodies, which rules shall not be inconsistent with the provisions
of N.J.S.A. 40:55D-1 et seq.
[2]
Editor's Note: Ord. No. 12-2002, adopted 12-23-2002, provided
that the Planning Board shall hereafter, pursuant to N.J.S.A. 40:55D-25(3)(c),
exercise all the powers of the Board of Adjustment.
(3)
Filing of documents. Any maps and documents for which approval is
sought at a hearing shall be on file and available for public inspection
at least 10 days before the date of the hearing, during normal business
hours in the office of the administrative officer. The applicant may
produce other documents, records or testimony at the hearing to substantiate
or clarify or supplement the previously filed maps and documents.
(4)
Oaths. The officer presiding at the hearing or such person as he
may designate shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
and the provisions of N.J.S.A. 2A:67A-1 et seq. shall apply.
(5)
Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer, and the right of cross-examination shall be permitted to
all interested parties through their attorneys, if represented, or
directly, if not represented, subject to the discretion of the presiding
officer and to reasonable limitations as to time and number of witnesses.
(6)
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but a municipal agency may exclude irrelevant, immaterial
or unduly repetitious evidence.
(7)
Verbatim recording. The municipal agency shall provide for the verbatim
recording of hearing proceedings either by a stenographer or by mechanical
or electronic means. The municipal agency shall furnish a transcript
or duplicate recording in lieu thereof, on request to any interested
party at his/her expense. Maximum transcript charges shall not exceed
those permitted by N.J.S.A. 2A:11-15 et seq.[3] Accuracy of any transcript shall be certified in writing
by the transcriber.
[3]
Editor's Note: Said provisions were repealed by L. 1991, c.
119.
(8)
Voting eligibility. A member or alternate member of a municipal agency
who was absent for one or more of the meetings at which a hearing
was held shall be eligible to vote on the matter upon which the hearing
was conducted, notwithstanding his/her absence from one or more of
the meetings; provided however, that such Board member or alternate
member has available to him/her the transcript or recording of all
of the hearing from which he/she was absent and certifies in writing
that he/she has read over the transcript or listened to such recording.
D.
Notice requirements for public hearings. Whenever public notice of
a hearing is required on an application for development, the applicant
shall give notice thereof at least 10 days prior to the date of the
hearing, subject to the following:
(1)
Public notice of a hearing on an application for development shall
be given for:
(2)
Public notice shall be given by publication in the official newspaper
of the Township, if there is one, or in a newspaper of general circulation
in the Township.
(3)
Notice to owners.
(a)
Notice of a hearing shall be given to the owners of all real
property as shown on the current tax duplicate or duplicates located
within 200 feet in all directions of the property which is the subject
of such hearing, provided that this requirement shall be deemed satisfied
by notice to the condominium association, in the case of any unit
owner whose unit has a unit above or below it, or horizontal property
regime, in the case of any co-owner whose apartment has an apartment
above or below it. Notice shall be given by serving a copy thereof
on the owner as shown on the said current tax duplicate or his agent
in charge of the property; or by mailing a copy thereof by certified
mail to the property owner at his address as shown on said current
tax duplicate. A return receipt is not required.
(b)
Notice to a partnership owner may be made by service upon any
partner. Notice to a corporate owner may be made by service upon its
president, secretary or other person authorized by appointment or
by law to accept service on behalf of the corporation. Notice to a
condominium association, horizontal property regime, community trust
or homeowners' association, because of its ownership of common elements
or areas located within 200 feet of the property which is the subject
of the hearing, may be made in the same manner as to a corporation
without further notice to unit owners, co-owners or homeowners on
account of such common elements or areas.
(4)
Notice of all hearings on applications for development involving
property located within 200 feet of an adjoining municipality shall
be given by personal service or certified mail to the Clerk of such
municipality, which notice shall be in addition to the notice required
to be given to the owners of lands in such adjoining municipalities
which are located within 200 feet of the subject premises.
(5)
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on all applications for development
of property adjacent to an existing county road or proposed road shown
on the official County Map or on the County Master Plan, adjoining
other county land or situated within 200 feet of a municipal boundary.
(6)
Notice shall be given by personal service or certified mail to the
Commissioner of the New Jersey Department of Transportation of a hearing
on any application for development of property adjacent to a state
highway.
(7)
Notice shall be given by personal service or certified mail to the
State Planning Commissioner of any hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with an administrative officer prior to the hearing.
(8)
Notice shall be given by personal service or certified mail to the Pinelands Commission for any development in the Pinelands Area pursuant to § 115-26 of this chapter.
(9)
All notices hereinabove specified in this section shall be given
by the applicant at least 10 days prior to the date fixed for the
hearing, and the applicant shall file an affidavit of proof of service
with the Board holding the hearing on the application for development.
(10)
Any notice made by certified mail as hereinabove required shall
be deemed to be complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
(11)
Form of notice. All notices required to be given pursuant to
the terms of this section shall state the date, time and place of
hearing, the nature of the matters to be considered and identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the Municipal Tax Assessor's office and the location
and times at which any maps and documents for which approval is sought
are available as required by law.
E.
List of property owners furnished. Pursuant to the provisions of
N.J.S.A. 40:55D-12c, the Buena Vista Township Tax Assessor shall,
within seven days after receipt of a request therefor and upon receipt
of payment of the required fee, make and certify a list from the current
tax duplicate of names and addresses of owners to whom the applicant
is required to give notice by this section.
F.
Decisions; form and disposition. Each Board decision on an appeal
or application for development shall be reduced to writing and shall
include findings of fact and conclusions based thereon.
(1)
Reduction to writing.
(a)
Reduction to writing shall be accomplished by:
(b)
Where the agency fails to adopt a resolution, any interested
party may apply to Superior Court in a summary manner for an order
compelling the agency to reduce its findings and conclusions to writing
within a stated time, and the cost of the application, including attorney's
fees, shall be assessed against the Township.
(2)
The following members shall be eligible to vote on a memorializing
resolution:
(a)
Where the action taken resulted from the failure of a motion
to approve an application, those members voting against the approval
motion shall be the members eligible to vote on the resolution.
(b)
In all other circumstances, only the members who voted for the
action taken shall be eligible to vote on the resolution.
(3)
The following shall apply to adoption of a memorializing resolution:
(a)
The vote on a memorializing resolution shall be deemed to be
a verification of action of the municipal agency and not to be an
action of the municipal agency.
(b)
The vote of a majority of those eligible members who are present
at the meeting at which a memorializing resolution is presented for
adoption shall be sufficient to adopt the resolution.
(c)
The date of the adoption of the memorializing resolution shall
constitute the date of the decision for purposes of the mailings,
filings and publications required.
(4)
Copies of the decision shall be distributed by the administrative
officer as follows:
(a)
A copy shall be mailed within 10 days of the date of decision
to the applicant or, if represented, then to his attorney, without
separate charge.
(b)
A copy shall be filed in the office of the administrative officer
and be made available for public inspection during reasonable hours.
(c)
A copy shall be made available to any interested party for a
reasonable fee in an amount sufficient to cover the cost of such copy.
(5)
A brief notice of the decision shall be published in the official
newspaper(s) of the Township. Such publication shall be arranged by
the applicant. The period of time in which an appeal of the decision
may be made shall run from the first publication of the decision.
The applicant shall provide the administrative officer with proof
of publication, and failure of an applicant to publish as herein required
shall render any approvals null and void.
G.
Conditional approvals.
(1)
In the event that a developer submits an application for development
proposing a development that is barred or prevented, directly or indirectly,
by legal action instituted by any state agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any state agency, political subdivision or court
of competent jurisdiction to protect the public health and welfare,
the municipal agency shall process such application for development
in accordance with the provisions of N.J.S.A. 40:55D-1 et seq., and,
if such application for development complies with the provisions of
this chapter, the municipal agency shall approve such application
conditioned on removal of such legal barrier to development.
(2)
In the event that a development proposed by a developer requires approval of a governmental agency other than the municipal agency, the municipal agency shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency; provided that the municipal agency shall make a decision on any such development application within the time period as has been agreed to by the applicant, unless the municipal agency is prevented or relieved from so acting by the operation of law. In the Pinelands Area, a certificate of filing may be required prior to an application being deemed complete in accordance with §§ 115-17A(3) and 115-19A of this chapter.
(3)
Whenever review or approval of a development application is required
by the County Planning Board pursuant to N.J.S.A. 40:27-6.3 or 40:27-6.6,
the municipal agency shall condition any approval upon the timely
receipt of a favorable report concerning the application, or an approval
by the County Planning Board either by commission or its failure to
act within the required time period.
(4)
The municipal agency may impose such other conditions, including
but not limited to those enumerated in this chapter, as it deems appropriate.
(5)
In all cases the municipal agency shall include a condition of approval
setting forth the time within which all conditions of approval must
be satisfied by the applicant. Failure of the applicant to meet all
conditions of approval within the time specified or within such extensions
thereof as the municipal agency may, from time to time, grant upon
the request of the applicant shall render any approvals null and void.
H.
Running of period of approval. In the event that, during the period
of approval heretofore or hereafter granted to an application for
development, the developer is barred or prevented, directly or indirectly,
from proceeding with the development otherwise permitted under such
approval by a legal action instituted by any state agency, political
subdivision or other party to protect the public health and welfare
or by a directive or order issued by any state agency, political subdivision
or court of competent jurisdiction to protect the public health or
welfare and the developer is otherwise ready, willing and able to
proceed with said development, the running of the period of approval
shall be suspended for the period of time said legal action is pending
or such directive or order is in effect.
I.
Payment of taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39
and N.J.S.A. 40:55D-65, every application for development submitted
to the Planning Board or to the Zoning Board of Adjustment[4] shall be accompanied by proof that no taxes or assessments
for local improvements are due or delinquent on the property which
is the subject of such application; or if it is shown that taxes or
assessments are delinquent on said property, any approvals or other
relief granted by either Board shall be conditioned upon prompt payment
of such taxes or assessments. Certification by the Township Tax Collector
must be provided to the Board prior to final approval.
[4]
Editor's Note: Ord. No. 12-2002, adopted 12-23-2002, provided
that the Planning Board shall hereafter, pursuant to N.J.S.A. 40:55D-25(3)(c),
exercise all the powers of the Board of Adjustment.
J.
Time for decision. After the date an appeal is taken from the decision
of the Zoning Officer or the submission of a complete application
for development to the administrative officer, the municipal agency
shall render its decision within the maximum number of days as specified
in this chapter or within such further time as may be consented to
by the applicant. Where more than one type of application is involved,
the longer time period shall apply.[5]
[5]
Editor's Note: Former Subsection K, Appeals from Zoning Board
of Adjustment to governing body, which immediately followed this subsection,
was repealed 3-22-2010 by Ord. No. 4-2010.
[Amended 3-23-1998 by Ord. No. 10-1998]
A.
Zoning provisions and regulations of this code shall be enforced
by the Zoning Officer, who shall be appointed by the Township Committee
and have such powers as are conferred by this chapter and as may be
reasonably implied.
B.
The provisions of this chapter shall be administered and enforced
by the Zoning Officer of the Township. In no case shall a permit be
granted for the construction or alteration of any building where the
proposed construction, alteration or use thereof would be in violation
of any provisions in this chapter. It shall be the duty of the Zoning
Officer or his duly authorized assistants to cause any building, plans
or premises to be inspected or examined and to order in writing the
remedying of any conditions found to exist in violation of any provisions
of this chapter and the Zoning Officer shall have the right to enter
any building or premises during the daytime in the course of his duties.
C.
The Zoning Officer shall prepare a monthly report for the governing
body, summarizing for the period since his last previous report all
zoning permits issued and certificates countersigned by him and all
complaints of violations and the action taken by him consequent thereon.
A copy of each such report shall be filed with the Township Tax Assessor
at the same time it is filed with the governing body.
D.
Duties of the Zoning Officer include, but are not limited to:
(1)
The examination of all applications for zoning permits.
(2)
The issuance of zoning permits and certificates of occupancy for
any building or use which is in conformity with the requirements of
this chapter or as may be properly authorized by a municipal agency.
(3)
Causing any building, plans or premises to be inspected or examined
and ordering, in writing, the remedying of any conditions found to
exist in violation of this chapter.
(4)
Recording and filing all permit applications and approvals and maintaining
them as a public record.
(5)
Making available, at the request of a municipal agency, available
facts, records or other information which will assist such body in
reaching a decision.
E.
Permits, certificates of occupancy.
(1)
Zoning permits. Zoning permits shall hereafter be secured from the
Zoning Officer's office prior to the issuance of a building permit
for the construction, erection or alteration of any structure or sign
or part of a structure or upon a change in the use of a structure
or land.
(2)
Temporary use permits. It is recognized that it may be in accordance
with the purpose of the chapter to permit temporary activities for
a limited period of time, which activities may be prohibited by other
provisions of this chapter. If such uses are of such nature and are
so located that at the time of petition they will in no way exert
a detrimental effect upon the uses of land and activities normally
permitted in the zone; contribute materially to the welfare of the
Township, particularly in a state of emergency, under conditions peculiar
to the time and place involved, then the Board of Adjustment[1] may direct the Zoning Officer to issue a permit for a
period not to exceed six months. Such period may be extended not more
than once for an additional period of six months.
[1]
Editor's Note: Ord. No. 12-2002, adopted 12-23-2002, provided
that the Planning Board shall hereafter, pursuant to N.J.S.A. 40:55D-25(3)(c),
exercise all the powers of the Board of Adjustment.
A.
Development permit.
(1)
Development permits shall hereafter be secured from the proper administrative
officer prior to:
(a)
The filing of or recording a deed of any subdivision or resubdivision
of any land.
(b)
Application for and/or issuance of any building permit.
(c)
The erection, construction, alteration, repair, remodeling,
conversion, removal or destruction of any building or structure.
(d)
Application for and/or issuance of any permit for a new or expanded
or relocated sign.
(e)
Application for and/or issuance of any permit for erection of
a fence in conjunction with any nonfarm use.
(f)
Any change in use or occupancy of any building, structure or
land.
(g)
Any development or alteration exceeding 1,500 square feet in
the natural condition of any undeveloped parcel of land, including
but not limited to the alteration of drainage patterns, removal of
soil and regrading and removal of trees and ground cover; provided,
however, that such alterations located on and necessary to the operation
of a farm as defined in this chapter shall not require a development
permit.
(h)
Any use of any portion of any parcel of land for any activity
regulated by this chapter.
(i)
The construction of any site improvement either above or below
ground.
(j)
The issuance of any certificate of occupancy where no building
permit was previously required.
(k)
The excavation, removal or addition of soil or fill to or from
any site exceeding 10 cubic yards, except in connection with any active
farm operation.
(2)
Prior to the issuance of a development permit, the applicant shall
have, where applicable, secured other required permits, including
but not limited to:
(a)
Certificate of subdivision or site plan approval.
(b)
Access permit from the New Jersey Department of Transportation
and/or Atlantic County Engineering Department.
(c)
Drainage permits from the New Jersey Department of Transportation.
(d)
Stream encroachment permit from the New Jersey Department of
Environmental Protection.
(e)
Wetlands permit from the New Jersey Department of Environmental
Protection.
(f)
Riparian construction permit from the New Jersey Department
of Environmental Protection.
(g)
Required permits from the United States Army Corps of Engineers.
(h)
Sewerage and/or industrial waste treatment permit from the New
Jersey Department of Environmental Protection.
(i)
Land disturbance permit from the Cape Atlantic Soil Conservation
District.
(j)
Certificate of filing from the Pinelands Commission pursuant to § 115-17A(3) of this chapter.
(3)
Prior to the issuance of a development permit, the applicant shall
have secured all approvals required by this chapter and shall have
met all conditions imposed by a municipal agency.
B.
Certificate of subdivision or site plan approval.
(1)
A certificate of subdivision or site plan approval shall be issued
by the administrative officer of the municipal agency within 15 days
after a subdivision or site plan has been finally approved and any
required improvement guaranties posted. The certificate shall identify
the subdivision or site plan date of action and, in the case of a
subdivision, if not approved, whether it is statutorily exempt. A
copy of all certificates of subdivision and site plan approval shall
be transmitted to the Zoning Officer and the Tax Assessor.
(2)
Any interested party may apply for a certificate of subdivision approval
pursuant to N.J.S.A. 40:55D-56. Such application shall be made to
the administrative officer of the applicable municipal agency.
C.
Building permit. No building or structure shall be erected, restored,
added to or structurally altered until a building permit has been
issued therefor by the Construction Code Official. All applications
for such permits shall be in accordance with the requirements of the
New Jersey State Uniform Construction Code. No building permit shall
be issued unless the applicant shall have first secured a development
permit.
D.
Certificate of occupancy.
(1)
It shall be unlawful to use or to permit the use or occupancy or
change of use or occupancy of any building or premises or both, or
part thereof, hereinafter created, erected, changed, converted or
wholly or partly enlarged in its structure or use, until a zoning
certificate of occupancy shall have been issued therefor by the Zoning
Officer, stating that the proposed use of the building or land conforms
to the requirements of this chapter. No such certificate of occupancy
shall be issued unless a development permit shall have been first
issued for the building, land or use.
(2)
Upon written request of the owner, tenant, occupant or purchaser
under contract, the Zoning Officer, after inspection, shall issue
a zoning certificate of occupancy for a use legally existing at the
time this chapter is made effective, verifying the extent and nature
of the use and whether said use conforms to the provisions of this
chapter.
(3)
A reasonable fee for the issuance of a zoning certificate of occupancy
may be established by the governing body.
(4)
Prior to issuance of a certificate of occupancy, an as-built plan, or a certified letter from the design professional engineer or architect, shall be submitted to the Zoning Officer stating that the site has been constructed in accordance with the design plans as per § 115-28. The Zoning Officer then shall file with the New Jersey State Building Inspector a certificate acknowledging conformance to the requirements of this chapter.
[Added 10-13-1998 by Ord. No. 18-1998]
A.
Records. A record of all plans and applications, board actions, interpretations,
resolutions and minutes, as well as hearing transcripts or tapes,
shall be filed and safely kept by the administrative officer of any
municipal agency. A record of all development applications processed
and development permits issued or denied shall be filed and safely
kept by the zoning administrative officer. Said administrative officers
shall make such records available on request to municipal agencies
and officials.
B.
Annual report. Administrative officers (Planning Board, Board of
Adjustment[1] and Zoning Officer) shall prepare annual reports for the
Township, summarizing for the preceding year all applications and
appeals filed; all development permits, approvals and denials issued;
all certificates issued; and all complaints or violations acted upon.
A copy of each such report shall be filed with the governing body
and other municipal agencies.
[1]
Editor's Note: Ord. No. 12-2002, adopted 12-23-2002, provided
that the Planning Board shall hereafter, pursuant to N.J.S.A. 40:55D-25(3)(c),
exercise all the powers of the Board of Adjustment.
A.
For any and every violation of the provisions of this chapter, the
applicant, subdivider, developer, owner, general agent or contractor
of a building or premises where such violation has been committed
or shall exist, and the lessee or tenant of an entire building or
entire premises where such violations have been committed or shall
exist, and the owner, general agency, contractor, lessee or tenant
of any part of a building or premises in which part such violation
has been committed or shall exist, and the general agent, architect,
building contractor or any other person who commits, takes part or
assists in such violation or who maintains any building or premises
in which any such violation shall exist shall, for each and every
day that such violation continues, be subject to a fine of not more
than $500 or be imprisoned for a term not exceeding 90 days, or both.
B.
Any owner, agent, person or corporation who violates any of the provisions
of this chapter or who fails to comply with any of the requirements
thereof or who erects, moves, extends, enlarges, alters or demolishes
any structure in violation of any detailed statement or plan submitted
hereunder, or who puts into use any lot or premises in violation of
any detailed statement or plans submitted hereunder or who refuses
reasonable opportunity to inspect any premises, and who refuses to
abate such violation within five days after written notice has been
served upon him either by mail or personal service, shall be liable
to a fine of not more than $500 or to imprisonment for a term of not
more than 15 days, or to both such fine and imprisonment. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
[Added 3-23-1998 by Ord. No. 10-1998]
C.
If, before final subdivision approval has been granted, any person
transfers or sells or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision approval,
as owner or agent, any land which forms a part of a subdivision for
which municipal approval is required by this chapter pursuant to N.J.S.A.
40:55D-1 et seq., such person shall be subject to a penalty not to
exceed $1,000, and each lot disposition so made shall be deemed a
separate violation.
D.
In addition to the foregoing, the Township may institute and maintain
a civil action as provided in N.J.S.A. 40:55D-55.
[Amended 4-12-1994 by Ord. No. 276-1994; 5-23-1994 by Ord. No.
279-1994; 11-29-1994 by Ord. No. 289-1994; 12-14-1998 by Ord. No.
21-1998; 6-23-2003 by Ord. No. 4-2003; 7-5-2005 by Ord. No.
10-2005; 6-23-2014 by Ord. No. 10-2014]
The fees shall be charged to an applicant in connection with
the review and processing of a development application by any municipal
agency having jurisdiction at the time of application submittal except
as otherwise specified:
A.
Planning and zoning applications.
|
Category
|
Application Fees
|
Escrow Fees
| |||
|---|---|---|---|---|---|
|
Subdivisions
| |||||
|
Minor
|
$250
|
$1,000
| |||
|
Amendment
|
$250
|
$700
| |||
|
Administrative Tax Map fee
|
$100 per lot
| ||||
|
Hardship "c" variance: side/front/rear yard setbacks
|
$100, plus $50 each additional hardship variance
|
$400 per variance
| |||
|
Plot plan review
|
$2,000
| ||||
|
Major
| |||||
|
Preliminary
|
$400, plus $20 per lot
|
$5,000
| |||
|
Final
|
$400
|
$4,500
| |||
|
Administrative Tax Map fee
|
$50 per lot
| ||||
|
Amendments to approved subdivision
|
$300, plus $30 per lot when increasing number of lots
|
$2,000
| |||
|
Extension
|
$300
|
$500
| |||
|
Hardship "c" variance: side/front/rear yard setbacks
|
$100, plus $50 each additional hardship variance
|
$300 per variance
| |||
|
Site Plans
| |||||
|
Minor site plan
| |||||
|
Under 5,000 square feet of grading, clearing or disturbance;
under 1,000 square feet building area; 5 or fewer parking spaces
|
$350
|
$2,500
| |||
|
Hardship "c" variance: side/front/rear yard setbacks
|
$100, plus $50 each additional hardship variance
|
$300 per variance
| |||
|
Waiver
|
$350
|
$2,000
| |||
|
Major site plan
| |||||
|
Preliminary
|
$400
|
$2,500
| |||
|
Final
|
$300
|
$3,500
| |||
|
Amendments or revision to approved site plan
|
$250
|
$2,000
| |||
|
Waiver
|
$250
|
$2,500
| |||
|
Extension
|
$250
|
$1,000
| |||
|
Hardship "c" variance: side/front/rear yard setbacks
|
$100, plus $50 each additional hardship variance
|
$300 per variance
| |||
|
Variances
| |||||
|
Appeal administrative error, interpretation or certificate of
nonconformity
|
$250
|
$1,500
| |||
|
Conditional use, residential
|
$250
|
$1,000
| |||
|
Conditional use, site plan
|
$350
|
$1,500
| |||
|
Zoning
| |||||
|
Hardship "c" variance: side/front/rear yard setbacks
|
$100, plus $50 each additional hardship variance
|
$750
| |||
|
"D" variance
|
$350
|
$1,500
| |||
|
Miscellaneous
| |||||
|
Soil boring
|
$50
|
$200, plus $100 per additional boring
| |||
|
Development Review Committee meeting
|
$100
|
$300
| |||
|
Transcripts
|
100% actual cost
| ||||
|
Special meeting
|
$500
|
$2,000
| |||
|
Administrative approval
|
$350
|
$1,500
| |||
|
Publication of decision
|
$20
| ||||
|
Property owner list
|
$10
| ||||
|
Informal presentation at request of applicant
|
$500
| ||||
|
Additional escrow funds shall be required when the original
amount has been depleted by 50% and the development application is
still in progress. The amount of additional funds needed shall be
determined by the Planning Board Secretary.
|
B.
Direction for issuance of permit under N.J.S.A. 40:55D-34 and N.J.S.A.
40:55D-35: $150.
C.
Appeal of Zoning or Planning Board decision to Governing Body: $100.
E.
Specialized expert testimony. When the applicant intends to present
specialized expert testimony which is beyond the expertise of the
staff and consultants serving the approving authority, the applicant
shall be required to increase the escrow account by a minimum of $1,000
for each such expert who will testify, in order to enable the approving
authority to hire expert consultants to review this testimony.
[Added 2-27-2012 by Ord.
No. 1-2012]
A.
Purpose.
(1)
In Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550
(1990), the New Jersey Supreme Court determined that mandatory development
fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A.
52:27d-301 et seq., and the State Constitution, subject to the Council
on Affordable Housing's (COAH's) adoption of rules.
(2)
Pursuant to P.L. 2008, c. 46, section 8 (N.J.S.A. 52:27D-329.2) and
the Statewide Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1
through 8.7), COAH is authorized to adopt and promulgate regulations
necessary for the establishment, implementation, review, monitoring
and enforcement of municipal affordable housing trust funds and corresponding
spending plans. Municipalities that are under the jurisdiction of
the Council or court of competent jurisdiction and have a COAH-approved
spending plan may retain fees collected from nonresidential development.
(3)
This section establishes standards for the collection, maintenance,
and expenditure of development fees pursuant to COAH's regulations
and in accordance P.L. 2008, c. 46, Sections 8 and 32-38. Fees collected
pursuant to this section shall be used for the sole purpose of providing
low- and moderate-income housing. This section shall be interpreted
within the framework of COAH's rules on development fees, codified
at N.J.A.C. 5:97-8.
C.
AFFORDABLE HOUSING DEVELOPMENT
COAH or THE COUNCIL
DEVELOPER
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
GREEN BUILDING STRATEGIES
Definitions. The following terms, as used in this section, shall
have the following meanings:
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable development.
The New Jersey Council on Affordable Housing established
under the Act which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
consideration in the state.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:97-8.3.
The assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with sections 1,
5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
Those strategies that minimize the impact of development
on the environment, and enhance the health, safety and well-being
of residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
D.
Residential development fees.
(1)
Imposed fees.
(a)
Residential development involving four or more dwelling units
shall pay a fee of 1.5% of the equalized assessed value for residential
development, provided no increased density is permitted.
(b)
When an increase in residential density pursuant to N.J.S.A.
40:55D-70d(5) (known as a "d" variance) has been permitted, developers
shall be required to pay a development fee of 6% of the equalized
assessed value for each additional unit that may be realized. However,
if the zoning on a site has changed during the two-year period preceding
the filing of such a variance application, the base density for the
purposes of calculating the bonus development fee shall be the highest
density permitted by right during the two-year period preceding the
filing of the variance application.
(c)
Example. If an approval allows four units to be constructed
on a site that was zoned for two units, the fees could equal 1% of
the equalized assessed value on the first two units; and the specified
higher percentage up to 6% of the equalized assessed value for the
two additional units, provided zoning on the site has not changed
during the two-year period preceding the filing of such a variance
application.
(2)
Eligible exactions, ineligible exactions and exemptions for residential
development.
(a)
Affordable housing developments and developments where the developer
has made a payment in lieu of on-site construction of affordable units
shall be exempt from development fees.
(b)
Developments that have received preliminary or final site plan
approval prior to the adoption of a municipal development fee ordinance
shall be exempt from development fees, unless the developer seeks
a substantial change in the approval. Where a site plan approval does
not apply, a zoning and/or building permit shall be synonymous with
preliminary or final site plan approval for this purpose. The fee
percentage shall be vested on the date that the building permit is
issued.
(c)
Owner-occupied residential structures demolished and replaced
as a result of a natural disaster, shall be exempt from paying a development
fee.
E.
Nonresidential development fees.
(1)
Imposed fees.
(a)
Within all zoning districts, nonresidential developers, except
for developers of the types of development specifically exempted,
shall pay a fee equal to 2.5% of the equalized assessed value of the
land and improvements, for all new nonresidential construction on
an unimproved lot or lots.
(b)
Nonresidential developers, except for developers of the types
of development specifically exempted, shall also pay a fee equal to
2.5% of the increase in equalized assessed value resulting from any
additions to existing structures to be used for nonresidential purposes.
(c)
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2.5%
shall be calculated on the difference between the equalized assessed
value of the preexisting land and improvement and the equalized assessed
value of the newly improved structure, i.e. land and improvement,
at the time final certificate of occupancy is issued. If the calculation
required under this section results in a negative number, the nonresidential
development fee shall be zero.
(2)
Eligible exactions, ineligible exactions and exemptions for nonresidential
development.
(a)
The nonresidential portion of a mixed-use inclusionary or market
rate development shall be subject to the 2.5% development fee, unless
otherwise exempted below.
(b)
The 2.5% fee shall not apply to an increase in equalized assessed
value resulting from alterations, change in use within existing footprint,
reconstruction, renovations and repairs.
(c)
Nonresidential developments shall be exempt from the payment
of nonresidential development fees in accordance with the exemptions
required pursuant to P.L. 2008, c. 46, as specified in the Form N-RDF,
State of New Jersey Nonresidential Development Certification/Exemption
Form. Any exemption claimed by a developer shall be substantiated
by that developer.
(d)
A developer of a nonresidential development exempted from the
nonresidential development fee pursuant to P.L. 2008, c. 46, shall
be subject to it at such time the basis for the exemption no longer
applies, and shall make the payment of the nonresidential development
fee, in that event, within three years after that event or after the
issuance of the final certificate of occupancy of the nonresidential
development, whichever is later.
(e)
If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the property tax
exemption. Unpaid nonresidential development fees under these circumstances
may be enforceable by Buena Vista Township as a lien against the real
property of the owner.
F.
Collection procedures.
(1)
Upon the granting of a preliminary, final or other applicable approval,
for a development, the applicable approving authority shall direct
its staff to notify the construction official responsible for the
issuance of a building permit.
(2)
For nonresidential developments only, the developer shall also be
provided with a copy of Form N-RDF "State of New Jersey Nonresidential
Development Certification/Exemption" to be completed as per the instructions
provided. The developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The construction official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in the Form N-RDF. The Tax Assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
(3)
The construction official responsible for the issuance of a building
permit shall notify the local Tax Assessor of the issuance of the
first building permit for a development which is subject to a development
fee.
(4)
Within 90 days of receipt of that notice, the municipal tax assessor,
based on the plans filed, shall provide an estimate of the equalized
assessed value of the development.
(5)
The construction official responsible for the issuance of a final
certificate of occupancy notifies the local assessor of any and all
requests for the scheduling of a final inspection on property which
is subject to a development fee.
(6)
Within 10 business days of a request for the scheduling of a final
inspection, the municipal assessor shall confirm or modify the previously
estimated equalized assessed value of the improvements of the development;
calculate the development fee; and thereafter notify the developer
of the amount of the fee.
(7)
Should Buena Vista Township fail to determine or notify the developer
of the amount of the development fee within 10 business days of the
request for final inspection, the developer may estimate the amount
due and pay that estimated amount consistent with the dispute process
set forth in Subsection b. of Section 37 of P.L. 2008, c. 46 (N.J.S.A.
40:55D-8.6).
(8)
The developer shall pay 100% of the calculated development fee amount
prior to the municipal issuance of a final certificate of occupancy
for the subject property.
(9)
Appeal of development fees.
(a)
A developer may challenge residential development fees imposed
by filing a challenge with the County Board of Taxation. Pending a
review and determination by the Board, collected fees shall be placed
in an interest bearing escrow account by Buena Vista Township. Appeals
from a determination of the Board may be made to the tax court in
accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A 54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
(b)
A developer may challenge nonresidential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest bearing escrow account by Buena Vista Township.
Appeals from a determination of the Director may be made to the tax
court in accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
G.
Affordable housing trust fund.
(1)
There is hereby created a separate, interest-bearing housing trust
fund to be maintained by the Township Administrator for the purpose
of depositing development fees collected from residential and nonresidential
developers and proceeds from the sale of units with extinguished controls.
(2)
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
(a)
Payments in lieu of on-site construction of affordable units;
(b)
Developer contributed funds to make 10% of the adaptable entrances
in a townhouse or other multistory attached development accessible;
(c)
Rental income from municipally operated units;
(d)
Repayments from affordable housing program loans;
(e)
Recapture funds;
(f)
Proceeds from the sale of affordable units; and
(g)
Any other funds collected in connection with Buena Vista Township's
affordable housing program.
(3)
Within seven days from the opening of the trust fund account, Buena
Vista Township shall provide COAH with written authorization, in the
form of a three-party escrow agreement between the municipality, the
bank, and COAH to permit COAH to direct the disbursement of the funds
as provided for in N.J.A.C. 5:97-8.13(b).
(4)
All interest accrued in the housing trust fund shall only be used
on eligible affordable housing activities approved by COAH.
H.
Use of funds.
(1)
The expenditure of all funds shall conform to a spending plan approved
by COAH. Funds deposited in the housing trust fund may be used for
any activity approved by COAH to address Buena Vista Township's fair
share obligation and may be set up as a grant or revolving loan program.
Such activities include, but are not limited to: preservation or purchase
of housing for the purpose of maintaining or implementing affordability
controls, rehabilitation, new construction of affordable housing units
and related costs, accessory apartment, market to affordable, or regional
housing partnership programs, conversion of existing nonresidential
buildings to create new affordable units, green building strategies
designed to be cost saving and in accordance with accepted national
or state standards, purchase of land for affordable housing, improvement
of land to be used for affordable housing, extensions or improvements
of roads and infrastructure to affordable housing sites, financial
assistance designed to increase affordability, administration necessary
for implementation of the Housing Element and Fair Share Plan, or
any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through
8.9 and specified in the approved spending plan.
(2)
Funds shall not be expended to reimburse Buena Vista Township for
past housing activities.
(3)
At least 30% of all development fees collected and interest earned
shall be used to provide affordability assistance to low- and moderate-income
households in affordable units included in the municipal Fair Share
Plan. One-third of the affordability assistance portion of development
fees collected shall be used to provide affordability assistance to
those households earning 30% or less of median income by region.
(a)
Affordability assistance programs may include down payment assistance,
security deposit assistance, low interest loans, rental assistance,
assistance with homeowners' association or condominium fees and special
assessments, and assistance with emergency repairs.
(b)
Affordability assistance to households earning 30% or less of
median income may include buying down the cost of low or moderate-income
units in the municipal Fair Share Plan to make them affordable to
households earning 30% or less of median income.
(c)
Payments in lieu of constructing affordable units on site and
funds from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement.
(4)
Buena Vista Township may contract with a private or public entity
to administer any part of its Housing Element and Fair Share Plan,
including the requirement for affordability assistance, in accordance
with N.J.A.C. 5:96-18.
(5)
No more than 20% of all revenues collected from development fees
may be expended on administration, including, but not limited to,
salaries and benefits for municipal employees or consultant fees necessary
to develop or implement a new construction program, a Housing Element
and Fair Share Plan, and/or an affirmative marketing program. In the
case of a rehabilitation program, no more than 20% of the revenues
collected from development fees shall be expended for such administrative
expenses. Administrative funds may be used for income qualification
of households, monitoring the turnover of sale and rental units, and
compliance with COAH's monitoring requirements. Legal or other fees
related to litigation opposing affordable housing sites or objecting
to the Council's regulations and/or action are not eligible uses of
the affordable housing trust fund.
I.
Monitoring. Buena Vista Township shall complete and return to COAH
all monitoring forms included in monitoring requirements related to
the collection of development fees from residential and nonresidential
developers, payments in lieu of constructing affordable units on site,
funds from the sale of units with extinguished controls, barrier free
escrow funds, rental income, repayments from affordable housing program
loans, and any other funds collected in connection with Buena Vista
Township's housing program, as well as to the expenditure of revenues
and implementation of the plan certified by COAH. All monitoring reports
shall be completed on forms designed by COAH.
J.
Ongoing collection of fees. The ability for Buena Vista Township
to impose, collect and expend development fees shall expire with its
substantive certification unless Buena Vista Township has filed an
adopted Housing Element and Fair Share Plan with COAH, has petitioned
for substantive certification, and has received COAH's approval of
its development fee ordinance. If Buena Vista Township fails to renew
its ability to impose and collect development fees prior to the expiration
of substantive certification, it may be subject to forfeiture of any
or all funds remaining within its municipal trust fund. Any funds
so forfeited shall be deposited into the "New Jersey Affordable Housing
Trust Fund" established pursuant to section 20 of P.L. 1985, c. 222
(N.J.S.A. 52:27D-320). Buena Vista Township shall not impose a residential
development fee on a development that receives preliminary or final
site plan approval after the expiration of its substantive certification
or judgment of compliance, nor shall Buena Vista Township retroactively
impose a development fee on such a development. Buena Vista Township
shall not expend development fees after the expiration of its substantive
certification or judgment of compliance.
[Added 12-11-2017 by Ord.
No. 51-2017]
A.
Purpose.
(1)
This section is intended to assure that low- and moderate-income
units ("affordable units") are created with controls on affordability
over time and that low- and moderate-income households shall occupy
these units. This section shall apply except where inconsistent with
applicable law.
(2)
The Township of Buena Vista Planning Board has adopted a Housing
Element and Fair Share Plan pursuant to the Municipal Land Use Law
at N.J.S.A. 40:55D-1 et seq. The Fair Share Plan has been endorsed
by the governing body. The Fair Share Plan describes the ways the
Township of Buena Vista shall address its fair share for low- and
moderate-income housing as determined by the Department of Community
Affairs (the Department) and documented in the Housing Element.
(3)
This section implements and incorporates the Fair Share Plan
and addresses the requirements of N.J.A.C. 5:97, as may be amended
and supplemented.
(4)
The Township of Buena Vista shall file monitoring reports with
the Department in accordance with N.J.A.C. 5:96, tracking the status
of the implementation of the Housing Element and Fair Share Plan.
Any plan evaluation report of the Housing Element and Fair Share Plan
and monitoring prepared by the Department in accordance with N.J.A.C.
5:96 shall be available to the public at the Township of Buena Vista
Municipal Building, Municipal Clerk's Office, 890 Harding Highway,
Township of Buena Vista, New Jersey, or from the Department at 101
South Broad Street, Trenton, New Jersey, and on the Department's website,
www.nj.gov/dea.
B.
ACCESSORY APARTMENT
ACT
ADAPTABLE
ADMINISTRATIVE AGENT
AFFIRMATIVE MARKETING
AFFORDABILITY AVERAGE
AFFORDABLE
AFFORDABLE DEVELOPMENT
AFFORDABLE HOUSING DEVELOPMENT
AFFORDABLE HOUSING PROGRAM(S)
AFFORDABLE UNIT
AGE-RESTRICTED UNIT
AGENCY
ASSISTED LIVING RESIDENCE
CERTIFIED HOUSEHOLD
DCA
DEFICIENT HOUSING UNIT
DEPARTMENT, THE
DEVELOPER
DEVELOPMENT
INCLUSIONARY DEVELOPMENT
LOW-INCOME HOUSEHOLD
LOW-INCOME UNIT
MAJOR SYSTEM
MARKET-RATE UNITS
MEDIAN INCOME
MODERATE-INCOME HOUSEHOLD
MODERATE-INCOME UNIT
NONEXEMPT SALE
RANDOM SELECTION PROCESS
REGIONAL ASSET LIMIT
REHABILITATION
RENT
RESTRICTED UNIT
UHAC
VERY-LOW-INCOME HOUSEHOLD
VERY-LOW-INCOME UNIT
WEATHERIZATION
Definitions. The following terms, as used in this section, shall
have the following meanings:
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing home, or through the conversion of an
existing accessory structure on the same site, or by an addition to
an existing home or accessory building, or by the construction of
a new accessory structure on the same site.
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.).
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
The entity responsible for the administration of affordable
units in accordance with this section, N.J.A.C. 5:96, 5:97 and 5:80-26.1
et seq.
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
A sales price or rent within the means of a low- or moderate-income
household as defined in N.J.A.C. 5:97-9; in the case of an ownership
unit, that the sales price for the unit conforms to the standards
set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented,
and, in the case of a rental unit, that the rent for the unit conforms
to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended
and supplemented.
A housing development all or a portion of which consists
of restricted units.
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a one-hundred-percent affordable
development.
Any mechanism in a municipal Fair Share Plan prepared or
implemented to address a municipality's fair share obligation.
A housing unit proposed or created pursuant to the Act, credited
pursuant to N.J.A.C. 5:97-4, and/or funded through an affordable housing
trust fund.
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that: 1) all the residents of the development where the unit
is situated are 62 years or older; or 2) at least 80% of the units
are occupied by one person that is 55 years or older; or 3) the development
has been designated by the Secretary of the United States Department
of Housing and Urban Development as "housing for older persons" as
defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, e. 530 (N.J.S.A. 55:14K-1 et seq.).
A facility licensed by the New Jersey Department of Health
and Senior Services to provide apartment-style housing and congregate
dining and to assure that assisted living services are available when
needed for four or more adult persons unrelated to the proprietor
and that offers units containing, at a minimum, one unfurnished room,
a private bathroom, a kitchenette and a lockable door on the unit
entrance.
A household that has been certified by an administrative
agent as a low-income household or moderate-income household.
The State of New Jersey Department of Community Affairs.
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.
The Department of Community Affairs of the State of New Jersey,
that was established under the New Jersey Fair Housing Act (N.J.S.A.
52:27D-301 et seq.).
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development including the holder
of an option to contract or purchase, or other person having an enforceable
proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
A development containing both affordable units and market-rate
units. This term includes, but is not necessarily limited to: new
construction, the conversion of a nonresidential structure to residential
and the creation of new affordable units through the reconstruction
of a vacant residential structure.
A household with a total gross annual household income equal
to 50% or less of the median household income.
A restricted unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building which
include but are not limited to weatherization, roofing, plumbing (including
wells), heating, electricity, sanitary plumbing (including septic
systems), lead paint abatement or load-bearing structural systems.
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
The median income by household size for the applicable county,
as adopted annually by the Department.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income
household.
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a class A
beneficiary and the transfer of ownership by court order.
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by the Department's adopted Regional Income Limits published
annually by the Department.
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted living residences, rent does
not include charges for food and services.
A dwelling unit, whether a rental unit or ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
A household with a total gross annual household income equal
to 30% or less of the median household income.
A restricted unit that is affordable to a very-low-income
household.
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for rehabilitation.
C.
Inclusionary zoning.
(1)
Phasing. In inclusionary developments the following schedule
shall be followed:
|
Maximum Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
|---|---|
|
25
|
0
|
|
25+1
|
10
|
|
50
|
50
|
|
75
|
75
|
|
90
|
100
|
(2)
Design. In inclusionary developments, to the extent possible,
low- and moderate-income units shall be integrated with the market
units.
(3)
Utilities. Affordable units shall utilize the same type of heating
source as market units within the affordable development.
D.
New construction. The following general guidelines apply to all newly
constructed developments that contain low- and moderate-income housing
units, including any currently unanticipated future developments that
will provide low- and moderate-income housing units.
(1)
Low/moderate split and bedroom distribution of affordable housing
units:
(a)
The fair share obligation shall be divided equally between low-
and moderate-income units, except that where there is an odd number
of affordable housing units, the extra unit shall be a low-income
unit.
(b)
In each affordable development, at least 50% of the restricted
units within each bedroom distribution shall be low-income units.
(c)
Affordable developments that are not age-restricted shall be
structured in conjunction with realistic market demands such that:
[1]
The combined number of efficiency and one-bedroom
units shall be no greater than 20% of the total low- and moderate-income
units;
[2]
At least 30% of all low- and moderate-income units
shall be two-bedroom units;
[3]
At least 20% of all low- and moderate-income units
shall be three-bedroom units; and
[4]
The remaining units may be allocated among two-
and three-bedroom units at the discretion of the developer.
(d)
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
low- and moderate-income units within the inclusionary development.
The standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
(2)
Accessibility requirements:
(a)
The first floor of all restricted townhouse dwelling units and
all restricted units in all other multistory buildings shall be subject
to the technical design standards of the Barrier Free Subcode, N.J.A.C.
5:23-7 and 5:97-3.14.
(b)
All restricted townhouse dwelling units and all restricted units
in other multistory buildings in which a restricted dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
[1]
An adaptable toilet and bathing facility on the
first floor;
[2]
An adaptable kitchen on the first floor;
[3]
An interior accessible route of travel on the first
floor;
[4]
An interior accessible route of travel shall not
be required between stories within an individual unit;
[5]
An adaptable room that can be used as a bedroom,
with a door or the casing for the installation of a door, on the first
floor; and
[6]
An accessible entranceway as set forth at P.L.
2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode,
N.J.A.C. 5:23-7 and 5:97-3.14, or evidence that the Township of Buena
Vista has collected funds from the developer sufficient to make 10%
of the adaptable entrances in the development accessible:
[a]
Where a unit has been constructed with an adaptable
entrance, upon the request of a disabled person who is purchasing
or will reside in the dwelling unit, an accessible entrance shall
be installed.
[b]
To this end, the builder of restricted units shall
deposit funds within the Township of Buena Vista's Affordable Housing
Trust Fund sufficient to install accessible entrances in 10% of the
affordable units that have been constructed with adaptable entrances.
[c]
The funds deposited under Subsection D(2)(b)[6][b]
above shall be used by the Township of Buena Vista for the sole purpose
of making the adaptable entrance of any affordable unit accessible
when requested to do so by a person with a disability who occupies
or intends to occupy the unit and requires an accessible entrance.
[d]
The developer of the restricted units shall submit
a design plan and cost estimate for the conversion from adaptable
to accessible entrances to the Construction Official of the Township
of Buena Vista.
[e]
Once the Construction Official has determined that
the design plan to convert the unit entrances from adaptable to accessible
meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7
and 5:97-3.14, and that the cost estimate of such conversion is reasonable,
payment shall be made to the Township of Buena Vista's Affordable
Housing Trust Fund in care of the Municipal Treasurer who shall ensure
that the funds are deposited into the Affordable Housing Trust Fund
and appropriately earmarked.
[f]
Full compliance with the foregoing provisions shall
not be required where an entity can demonstrate that it is site impracticable
to meet the requirements. Determinations of site impracticability
shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7
and 5:97-3.14.
(3)
Maximum rents and sales prices:
(a)
In establishing rents and sales prices of affordable housing
units, the administrative agent shall follow the procedures set forth
in UHAC and in the Department, utilizing the regional income limits
established by the Department.
(b)
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for restricted low- and
moderate-income units shall be affordable to households earning no
more than 52% of median income.
(c)
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.
(d)
The maximum sales price of restricted ownership units within
each affordable development shall be affordable to households earning
no more than 70% of median income, and each affordable development
must achieve an affordability average of 55% for restricted ownership
units; in achieving this affordability average, moderate-income ownership
units must be available for at least three different prices for each
bedroom type, and low-income ownership units must be available for
at least two different prices for each bedroom type.
(e)
In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units other
than assisted living facilities, the following standards shall be
used:
[1]
A studio shall be affordable to a one-person household;
[2]
A one-bedroom unit shall be affordable to a one-and-one-half-person
household;
[3]
A two-bedroom unit shall be affordable to a three-person
household;
[4]
A three-bedroom unit shall be affordable to a four-and-one-half
person household; and
[5]
A four-bedroom unit shall be affordable to a six-person
household.
(f)
In determining the initial rents for compliance with the affordability
average requirements for restricted units in assisted living facilities,
the following standards shall be used:
(g)
The initial purchase price for all restricted ownership units
shall be calculated so that the monthly carrying cost of the unit,
including principal and interest (based on a mortgage loan equal to
95% of the purchase price and the Federal Reserve H.15 rate of interest),
taxes, homeowner and private mortgage insurance and condominium or
homeowner association fees do not exceed 28% of the eligible monthly
income of the appropriate size household as determined under N.J.A.C.
5:80-26.4, as may be amended and supplemented; provided, however,
that the price shall be subject to the affordability average requirement
of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(h)
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30% of the eligible monthly income of the appropriate
household size as determined under N.J.A.C. 5:80-26.4, as may be amended
and supplemented; provided, however, that the rent shall be subject
to the affordability average requirement of N.J.A.C. 5:80-26.3, as
may be amended and supplemented.
(i)
The price of owner-occupied low- and moderate-income units may
increase annually based on the percentage increase in the regional
median income limit for each housing region. In no event shall the
maximum resale price established by the administrative agent be lower
than the last recorded purchase price.
(j)
The rent of low- and moderate-income units may be increased
annually based on the percentage increase in the Housing Consumer
Price Index for the United States. This increase shall not exceed
9% in any one year. Rents for units constructed pursuant to low-income
housing tax credit regulations shall be indexed pursuant to the regulations
governing low-income housing tax credits.
(k)
Utilities. Tenant-paid utilities that are included in the utility
allowance shall be so stated in the lease and shall be consistent
with the utility allowance approved by DCA for its Section 8 program.
E.
Affirmative marketing requirements.
(1)
The Township of Buena Vista shall adopt by resolution an affirmative
marketing plan, subject to approval of the Department, compliant with
N.J.A.C. 5:80-26.15, 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 also intended to target those potentially
eligible persons who are least likely to apply for affordable units
in that region. It is a continuing program that directs all marketing
activities toward the Department Housing Region 6 and covers the period
of deed restriction.
(3)
The affirmative marketing plan shall provide a regional preference
for all households that live and/or work in the Department Housing
Region 6 comprised of Atlantic, Cape May, Cumberland and Salem Counties.
(4)
The administrative agent designated by the Township of Buena
Vista shall assure the affirmative marketing of all affordable units
consistent with the affirmative marketing plan for the municipality.
(5)
In implementing the affirmative marketing plan, the administrative
agent shall provide a list of counseling services to low- and moderate-income
applicants on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements, and landlord/tenant law.
(6)
The affirmative marketing process for available affordable units
shall begin at least four months prior to the expected date of occupancy.
(7)
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner,
unless otherwise determined or agreed to by the Township of Buena
Vista.
F.
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:
(2)
Additional provisions related to occupancy standards (if any)
shall be provided in the municipal operating manual.
G.
Control periods for restricted ownership units and enforcement mechanisms.
(1)
Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each
restricted ownership unit shall remain subject to the requirements
of this section until the Township of Buena Vista elects to release
the unit from such requirements; however, and prior to such an election,
a restricted ownership unit must remain subject to the requirements
of N.J.A.C. 5:80-26.1, as may be amended and supplemented, for at
least 30 years.
(2)
The affordability control period for a restricted ownership
unit shall commence on the date the initial certified household takes
title to the unit.
(3)
Prior to the issuance of the initial certificate of occupancy
for a restricted ownership unit and upon each successive sale during
the period of restricted ownership, the administrative agent shall
determine the restricted price for the unit and shall also determine
the nonrestricted, fair market value of the unit based on either an
appraisal or the unit's equalized assessed value.
(4)
At the time of the first sale of the unit, the purchaser shall
execute and deliver to the administrative agent a recapture note obligating
the purchaser (as well as the purchaser's heirs, successors and assigns)
to repay, upon the first nonexempt sale after the unit's release from
the requirements of this section, an amount equal to the difference
between the unit's nonrestricted fair market value and its restricted
price, and the recapture note shall be secured by a recapture lien
evidenced by a duly recorded mortgage on the unit.
(5)
The affordability controls set forth in this section shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
(6)
A restricted ownership unit shall be required to obtain a continuing
certificate of occupancy or a certified statement from the Construction
Official stating that the unit meets all code standards upon the first
transfer of title that follows the expiration of the applicable minimum
control period provided under N.J.A.C. 5:80-26.5(a), as may be amended
and supplemented.
H.
Price restrictions for restricted ownership units, homeowner association
fees and resale prices. Price restrictions for restricted ownership
units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended
and supplemented, including:
(1)
The initial purchase price for a restricted ownership unit shall
be approved by the administrative agent.
(2)
The administrative agent shall approve all resale prices, in
writing and in advance of the resale, to assure compliance with the
foregoing standards.
(3)
The method used to determine the condominium association fee
amounts and special assessments shall be indistinguishable between
the low- and moderate-income unit owners and the market unit owners.
(4)
The owners of restricted ownership units may apply to the administrative
agent to increase the maximum sales price for the unit on the basis
of capital improvements. Eligible capital improvements shall be those
that render the unit suitable for a larger household or the addition
of a bathroom.
I.
Buyer income eligibility.
(1)
Buyer income eligibility for restricted ownership units shall
be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to 50% of median
income and moderate-income ownership units shall be reserved for households
with a gross household income less than 80% of median income.
(2)
The administrative agent shall certify a household as eligible
for a restricted ownership unit when the household is a low-income
household or a moderate-income household, as applicable to the unit,
and the estimated monthly housing cost for the particular unit (including
principal, interest, taxes, homeowner and private mortgage insurance
and condominium or homeowner association fees, as applicable) does
not exceed 33% of the household's certified monthly income.
J.
Limitations on indebtedness secured by ownership unit; subordination.
(1)
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the administrative agent shall determine in writing
that the proposed indebtedness complies with the provisions of this
section.
(2)
With the exception of original purchase money mortgages, during
a control period neither an owner nor a lender shall at any time cause
or permit the total indebtedness secured by a restricted ownership
unit to exceed 95% of the maximum allowable resale price of that unit,
as such price is determined by the administrative agent in accordance
with N.J.A.C. 5:80-26.6(b).
K.
Control periods for restricted rental units.
(1)
Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and
each restricted rental unit shall remain subject to the requirements
of this section until the Township of Buena Vista elects to release
the unit from such requirements pursuant to action taken in compliance
with N.J.A.C. 5:80-26.1, as may be amended and supplemented, and prior
to such an election, a restricted rental unit must remain subject
to the requirements of N.J.A.C 5:80-26.1, as may be amended and supplemented,
for at least 30 years.
(2)
Deeds of all real property that include restricted rental units
shall contain deed restriction language. The deed restriction shall
have priority over all mortgages on the property, and the deed restriction
shall be filed by the developer or seller with the records office
of the County of Atlantic. A copy of the filed document shall be provided
to the administrative agent within 30 days of the receipt of a certificate
of occupancy.
(3)
A restricted rental unit shall remain subject to the affordability
controls of this section, despite the occurrence of any of the following
events:
L.
Price restrictions for rental units; leases.
(1)
A written lease shall be required for all restricted rental
units, except for units in an assisted living residence, and tenants
shall be responsible for security deposits and the full amount of
the rent as stated on the lease. A copy of the current lease for each
restricted rental unit shall be provided to the administrative agent.
(2)
No additional fees or charges shall be added to the approved
rent (except, in the case of units in an assisted living residence,
to cover the customary charges for food and services) without the
express written approval of the administrative agent.
(3)
Application fees (including the charge for any credit check)
shall not exceed 5% of the monthly rent of the applicable restricted
unit and shall be payable to the administrative agent to be applied
to the costs of administering the controls applicable to the unit
as set forth in this section.
M.
Tenant income eligibility.
(1)
Tenant income eligibility shall be in accordance with N.J.A.C.
5:80-26.13, as may be amended and supplemented, and shall be determined
as follows:
(a)
Very-low-income rental units shall be reserved for households
with a gross household income less than or equal to 30% of median
income.
(b)
Low-income rental units shall be reserved for households with
a gross household income less than or equal to 50% of median income.
(c)
Moderate-income rental units shall be reserved for households
with a gross household income less than 80% of median income.
(2)
The administrative agent shall certify a household as eligible
for a restricted rental unit when the household is a very-low-income,
low-income household or a moderate-income household, as applicable
to the unit, and the rent proposed for the unit does not exceed 35%
(40% for age-restricted units) of the household's eligible monthly
income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended
and supplemented; provided, however, that this limit may be exceeded
if one or more of the following circumstances exists:
(a)
The household currently pays more than 35% (40% for households
eligible for age-restricted units) of its gross household income for
rent, and the proposed rent will reduce its housing costs;
(b)
The household has consistently paid more than 35% (40% for households
eligible for age-restricted units) of eligible monthly income for
rent in the past and has proven its ability to pay;
(c)
The household is currently in substandard or overcrowded living
conditions;
(d)
The household documents the existence of assets with which the
household proposes to supplement the rent payments; or
(e)
The household documents proposed third-party assistance from
an outside source such as a family member in a form acceptable to
the administrative agent and the owner of the unit.
N.
Administration.
(1)
The position of Municipal Housing Liaison (MHL) for the Township
of Buena Vista is established by this section. The Township of Buena
Vista Council shall make the actual appointment of the MHL by means
of a resolution.
(a)
The MHL must be either a full-time or part-time employee of
the Township of Buena Vista.
(b)
The person appointed as the MHL must be reported to the Department.
(c)
The MHL must meet all the Department requirements for qualifications,
including initial and periodic training.
(d)
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Township
of Buena Vista, including the following responsibilities which may
not be contracted out to the administrative agent:
[1]
Serving as the municipality's primary point of
contact for all inquiries from the state, affordable housing providers,
administrative agents and interested households:
[2]
The implementation of the affirmative marketing
plan and affordability controls;
[3]
When applicable, supervising any contracting administrative
agent;
[4]
Monitoring the status of all restricted units in
the Township of Buena Vista's Fair Share Plan;
[5]
Compiling, verifying and submitting annual reports
as required by the Department;
[6]
Coordinating meetings with affordable housing providers
and administrative agents, as applicable; and
[7]
Attending continuing education opportunities on
affordability controls, compliance monitoring and affirmative marketing
as offered or approved by the Department.
(2)
The Township of Buena Vista shall designate by resolution of
the Buena Vista Township Council, subject to the approval of the Department,
one or more administrative agents to administer newly constructed
affordable units in accordance with N.J.A.C. 5:96, 5:97 and UHAC.
(3)
An operating manual shall be provided by the administrative
agent(s) to be adopted by resolution of the governing body and subject
to approval of the Department. The operating manual shall be available
for public inspection in the office of the Municipal Clerk and in
the office(s) of the administrative agent(s).
(4)
The administrative agent shall perform the duties and responsibilities
of an administrative agent as are set forth in UHAC and which are
described in full detail in the operating manual, including those
set forth in N.J.A.C. 5:80-26.14, 5:80-26.16 and 5:80-26.18 thereof,
which includes:
(a)
Attending continuing education opportunities on affordability
controls, compliance monitoring, and affirmative marketing as offered
or approved by the Department;
(b)
Affirmative marketing;
(c)
Household certification;
(d)
Affordability controls;
(e)
Records retention;
(f)
Resale and re-rental;
(g)
Processing requests from unit owners; and
(h)
Enforcement, though the ultimate responsibility for retaining
controls on the units rests with the municipality.
(i)
The administrative agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities, hereunder.
O.
Enforcement of affordable housing regulations.
(1)
Upon the occurrence of a breach of any of the regulations governing
the affordable unit by an owner, developer or tenant, the municipality
shall have all remedies provided at law or equity, including but not
limited to foreclosure, tenant eviction, municipal fines, a requirement
for household recertification, acceleration of all sums due under
a mortgage, recoupment of any funds from a sale in the violation of
the regulations, injunctive relief to prevent further violation of
the regulations, entry on the premises, and specific performance.
(2)
After providing written notice of a violation to an owner, developer
or tenant of a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the municipality
may take the following action against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
(a)
The municipality may file a court action pursuant to N.J.S.A.
2A:58-11 alleging a violation, or violations, of the regulations governing
the affordable housing unit. If the owner, developer or tenant is
found by the court to have violated any provision of the regulations
governing affordable housing units, the owner, developer or tenant
shall be subject to one or more of the following penalties, at the
discretion of the court:
[1]
A fine of not more than $1,000 or imprisonment
for a period not to exceed 90 days, or both. Each and every day that
the violation continues or exists shall be considered a separate and
specific violation of these provisions and not as a continuing offense;
[2]
In the case of an owner who has rented his or her
low- or moderate-income unit in violation of the regulations governing
affordable housing units, payment into the Township of Buena Vista's
Affordable Housing Trust Fund of the gross amount of rent illegally
collected;
[3]
In the case of an owner who has rented his or her
low- or moderate-income unit in violation of the regulations governing
affordable housing units, payment of an innocent tenant's reasonable
relocation costs, as determined by the court.
(b)
The municipality may file a court action in the Superior Court
seeking a judgment, which would result in the termination of the owner's
equity or other interest in the unit, in the nature of a mortgage
foreclosure. Any judgment shall be enforceable as if the same were
a judgment of default of the first purchase money mortgage and shall
constitute a lien against the low- and moderate-income unit.
(3)
Such judgment shall be enforceable, at the option of the municipality,
by means of an execution sale by the Sheriff, at which time the low-
and moderate-income unit of the violating owner shall be sold at a
sale price which is not less than the amount necessary to fully satisfy
and pay off any first purchase money mortgage and prior liens and
the costs of the enforcement proceedings incurred by the municipality,
including attorney's fees. The violating owner shall have the right
to possession terminated as well as the title conveyed pursuant to
the Sheriff's sale.
(4)
The proceeds of the Sheriff's sale shall first be applied to
satisfy the first purchase money mortgage lien and any prior liens
upon the low- and moderate-income unit. The excess, if any, shall
be applied to reimburse the municipality for any and all costs and
expenses incurred in connection with either the court action resulting
in the judgment of violation or the Sheriff's sale. In the event that
the proceeds from the Sheriff's sale are insufficient to reimburse
the municipality in full as aforesaid, the violating owner shall be
personally responsible for and to the extent of such deficiency, in
addition to any and all costs incurred by the municipality in connection
with collecting such deficiency. In the event that a surplus remains
after satisfying all of the above, such surplus, if any, shall be
placed in escrow by the municipality for the owner and shall be held
in such escrow for a maximum period of two years or until such earlier
time as the owner shall make a claim with the municipality for such.
Failure of the owner to claim such balance within the two-year period
shall automatically result in a forfeiture of such balance to the
municipality. Any interest accrued or earned on such balance while
being held in escrow shall belong to and shall be paid to the municipality,
whether such balance shall be paid to the owner or forfeited to the
municipality.
(5)
Foreclosure by the municipality due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the low- and moderate-income unit. Title shall be conveyed
to the purchaser at the Sheriff's sale, subject to the restrictions
and provisions of the regulations governing the affordable housing
unit. The owner determined to be in violation of the provisions of
this plan and from whom title and possession were taken by means of
the Sheriff's sale shall not be entitled to any right of redemption.
(6)
If there are no bidders at the Sheriff's sale, or if insufficient
amounts are bid to satisfy the first purchase money mortgage and any
prior liens, the municipality may acquire title to the low- and moderate-income
unit by satisfying the first purchase money mortgage and any prior
liens and crediting the violating owner with an amount equal to the
difference between the first purchase money mortgage and any prior
liens and costs of the enforcement proceedings, including legal fees
and the maximum resale price for which the low- and moderate-income
unit could have been sold under the terms of the regulations governing
affordable housing units. This excess shall be treated in the same
manner as the excess which would have been realized from an actual
sale as previously described.
(7)
Failure of the low- and moderate-income unit to be either sold
at the Sheriff's sale or acquired by the municipality shall obligate
the owner to accept an offer to purchase from any qualified purchaser
which may be referred to the owner by the municipality, with such
offer to purchase being equal to the maximum resale price of the low-
and moderate-income unit as permitted by the regulations governing
affordable housing units.
(8)
The owner shall remain fully obligated, responsible and liable
for complying with the terms and restrictions of governing affordable
housing units until such time as title is conveyed from the owner.
P.
Appeals. Appeals from all decisions of an administrative agent designated
pursuant to this section shall be filed in writing with the Commissioner
of the Department.
A.
Immediately upon adoption of this chapter, or any amendment thereto,
the Township Clerk shall file a copy with the Atlantic County Planning
Board as required by N.J.S.A. 40:55D-16.
B.
The governing body shall, at least every six years, provide for a
general reexamination of its Master Plan and development regulations
as specified in N.J.S.A. 40:55D-89.
