Township of Buena Vista, NJ
Atlantic County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
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.
[4]
Editor's Note: N.J.S.A. 40:55D-59 was repealed by L.1983, c. 253, § 1, effective July 7, 1983.
[5]
Editor's Note: The former Zoning Ordinance, which constituted former Ch. 98, was superseded by this chapter.
(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:
(a) 
Appeals for variance pursuant to N.J.S.A. 40:55D-70.
(b) 
Directive for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
(c) 
Conditional uses pursuant to N.J.S.A. 40:55D-67.
(d) 
Preliminary major subdivision plats.
(e) 
Preliminary major site plans.
(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:
[1] 
A resolution adopted at a meeting held within the applicable time period for taking action.
[2] 
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which action to grant or deny approval was taken.
(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.
(d) 
A copy to the Pinelands Commission in accordance with § 115-26 of this chapter.
(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.
(l) 
In the Pinelands Area of the Township, any other activities that qualify as development, as defined in § 115-6 of this chapter.
(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.
D. 
Zoning permit fees:
(1) 
Zoning permit (general): $30.
(2) 
Residential dwelling: $250.
(3) 
Structures:
(a) 
Over 600 square feet: $75.
(b) 
Structures under 600 square feet: $50.
(4) 
Commercial buildings:
Square Feet
Fee
1 to 5,000
$250
5,001 to 10,000
$350
10,001 and above
$500
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.
B. 
Basic requirements.
(1) 
This section shall not be effective until approved by COAH pursuant to N.J.A.C. 5:96-5.1.
(2) 
Buena Vista Township shall not spend development fees until COAH has approved a plan for spending such fees in conformance with N.J.A.C. 5:97-8.10 and N.J.A.C. 5:96-5.3.
C. 
Definitions. The following terms, as used in this section, shall have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development.
COAH or THE COUNCIL
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.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT FEE
Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.
EQUALIZED ASSESSED VALUE
The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with sections 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
GREEN BUILDING STRATEGIES
Those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
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. 
Definitions. The following terms, as used in this section, shall have the following meanings:
ACCESSORY APARTMENT
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.
ACT
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.).
ADAPTABLE
Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
ADMINISTRATIVE AGENT
The entity 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.
AFFIRMATIVE MARKETING
A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
AFFORDABILITY AVERAGE
The average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households.
AFFORDABLE
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.
AFFORDABLE DEVELOPMENT
A housing development all or a portion of which consists of restricted units.
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a one-hundred-percent affordable development.
AFFORDABLE HOUSING PROGRAM(S)
Any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.
AFFORDABLE UNIT
A housing unit proposed or created pursuant to the Act, credited pursuant to N.J.A.C. 5:97-4, and/or funded through an affordable housing trust fund.
AGE-RESTRICTED UNIT
A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that: 1) all the residents of the development 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.
AGENCY
The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, e. 530 (N.J.S.A. 55:14K-1 et seq.).
ASSISTED LIVING RESIDENCE
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.
CERTIFIED HOUSEHOLD
A household that has been certified by an administrative agent as a low-income household or moderate-income household.
DCA
The State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT
A housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load-bearing structural systems.
DEPARTMENT, THE
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.).
DEVELOPER
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.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.
INCLUSIONARY DEVELOPMENT
A development containing both affordable units and market-rate units. This term includes, but is not 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.
LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal to 50% or less of the median household income.
LOW-INCOME UNIT
A restricted unit that is affordable to a low-income household.
MAJOR SYSTEM
The primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include but are not limited to weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load-bearing structural systems.
MARKET-RATE UNITS
Housing not restricted to low- and moderate-income households that may sell or rent at any price.
MEDIAN INCOME
The median income by household size for the applicable county, as adopted annually by the Department.
MODERATE-INCOME HOUSEHOLD
A household with a total gross annual household income in excess of 50% but less than 80% of the median household income.
MODERATE-INCOME UNIT
A restricted unit that is affordable to a moderate-income household.
NONEXEMPT SALE
Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a class A beneficiary and the transfer of ownership by court order.
RANDOM SELECTION PROCESS
A process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).
REGIONAL ASSET LIMIT
The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as defined by the Department's adopted Regional Income Limits published annually by the Department.
REHABILITATION
The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
RENT
The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.
RESTRICTED UNIT
A dwelling unit, whether a rental unit or 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.
UHAC
The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.
VERY-LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal to 30% or less of the median household income.
VERY-LOW-INCOME UNIT
A restricted unit that is affordable to a very-low-income household.
WEATHERIZATION
Building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for 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:
[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; and
[3] 
A two-bedroom unit shall be affordable to a two-person household or to two one-person households.
(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:
(a) 
Provide an occupant for each bedroom;
(b) 
Provide children of different sex with separate bedrooms; and
(c) 
Prevent more than two persons from occupying a single bedroom.
(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:
(a) 
Sublease or assignment of the lease of the unit;
(b) 
Sale or other voluntary transfer of the ownership of the unit; or
(c) 
The entry and enforcement of any judgment of foreclosure.
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.
(3) 
The applicant shall file documentation sufficient to establish the existence of the circumstances in Subsection M(2)(a) through (e) above with the administrative agent, who shall counsel the household on budgeting.
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.