Article V Exceptions, Modifications and Development Alternatives

Before a building permit or certificate of occupancy shall be issued for any conditional use as permitted by this chapter, application shall be made to the Planning Board. The Planning Board shall grant or deny said application within 95 days of submission of a complete application by a developer to the administrative officer or within such further time as may be consented to by the applicant.

The review by the Planning Board of a conditional use shall include any required site plan review pursuant to this chapter. Public notice and a hearing shall be required as stipulated in this chapter.

In all requests for approval of conditional uses, the burden of proof shall be on the applicant. In making its decision on an application for a conditional use, the Board shall take no action which will be detrimental to the public welfare or which will substantially impair the intent or purpose of this chapter. The Board may attach terms and conditions to an approval of such application if, in its judgment, it will preserve such public welfare or such intent or purpose, and the Board shall be guided by the following principles:

The proposed use will adequately provide for access facilities for the estimated traffic from public streets and sidewalks.

The proposed use shall be subject to the off-street parking, loading and service requirements of this chapter.

Screening or buffer strips, as required, shall be installed.

No outdoor floodlighting or spotlighting shall be permitted to shine directly or indirectly on any abutting property.

The proposed use shall be reasonable in terms of the logical, efficient and economical extension of public services and facilities, such as water, sewers, police and fire protection, transportation, recreation and public schools.

Each proposed use shall be further subject to specific conditions as set forth in this chapter.

Automobile and gasoline service station.

The minimum lot area shall be 30,000 square feet.

The minimum lot width shall be 150 feet along all rights-of-way.

Building setbacks shall respect zone district requirements. That notwithstanding, gas pump canopies, storage areas and related facilities shall be set back a minimum of 20 feet from front lot lines and 30 feet from side lot lines.

The minimum setback of pumps shall be 50 feet from side lot lines and 35 feet from front lot lines.

All driveways shall be at least 24 feet wide, at least 25 feet from all side lines and at least 50 feet from the intersection of rights-of-way, and there shall not be more than two driveways on any right-of-way.

No automobile and gasoline service station shall be located within 1,000 feet of any public entrance to a church, school, library, hospital, charitable institution or place of public assembly. This distance shall be measured in a straight line from said public entrance to the nearest boundary of the automobile and gasoline service station.[1]

Editor's Note: Former Sec. 160-161(b)(7), pertaining to the proximity of one service station to another, which immediately followed this subsection, was repealed 2-5-2013 by Ord. No. 13-004.

Any repairs shall be performed in a fully enclosed building which is properly ventilated.

No sale or rental of cars, vehicles, trucks or trailers shall be permitted.

No outdoor oil drainage pits or outdoor hydraulic lifts shall be permitted.

No more than three vehicles per bay shall be permitted to be parked in overnight outdoor storage.

The entire area of a site traversed by motor vehicles shall be constructed with a dust-free surface and drained onto a public street or public drainage system.

A twenty-foot-wide strip across the entire frontage shall be provided and shall be landscaped with grass or ground cover as well as low-growing buffering shrubbery and plants and shade trees in accordance with the site plan standards of Article VII. Additionally, all areas of the lot not deemed necessary for the circulation or storage of automobiles, as determined by the Planning Board, must be landscaped.

Outdoor solid waste disposal must be properly screened or buffered.

Automobile sales: new and/or used cars. Automobile rentals as an accessory use to new and/or used car dealers.

The minimum frontage shall be 150 feet.

All signs shall conform with all provisions and regulations of § 550-124 of this chapter.

Direct and indirect glare shall be in accordance with requirements as set forth under Article IV.

A ten-foot-wide strip across the entire frontage, with the exception of exit and entrance driveways, shall be landscaped with grass or ground cover and attractively planted with low-growing shrubbery and plants.

When a new or used car lot abuts residences, a planted screen, as defined in Article IV, shall be installed and maintained at all times in a proper manner.

Driveway opening approval shall be required of the agency having jurisdiction of the roadway upon which the lot fronts.

All lot areas used by motor vehicles shall be provided with a dust-free surface and drained onto a public street or public drainage system with provisions for an oil trap.

Sufficient off-street parking shall be provided, as established in Article IV.

No new or used cars held for sale shall be parked on a public street or right-of-way.

Camps.

No building, tent, activity area or recreation facility shall be less than 300 feet from any lot line, and no two buildings intended for use as sleeping quarters shall be closer than 30 feet to each other, except that tents shall be not less than 10 feet apart.

Screening and buffering are required between camps and any other use.

The minimum lot area shall be at least three acres.

All camps shall adhere to the performance standards listed in Article IV of the chapter as it relates specifically to the glare of lights and to noise.

Car washes.

All mechanical activities must be conducted within a totally enclosed building.

Drainage from inside the building(s) shall feed into a sanitary sewer system. No dry well or septic tank will be permitted in connection with said drainage.

This use shall not include a self-service or coin-operated car wash area in any form.

All of the area, yard, building coverage and height requirements of the respective zone and other applicable requirements of this chapter must be met.

Stacking for a minimum of 10 automobiles for the car wash shall be provided on the same site as the car wash operation.

Water associated with the car wash process shall be recycled to the greatest extent possible by industry standards.

Child-care and infant-care centers.

All child-care center facilities to be used by the children shall be located on the principal entrance floor and any other level which is not more than 1/2 story above or below the grade at the location from which egress is provided to the street.

A minimum of 100 square feet per child of outdoor space shall be provided and shall be adequately fenced or otherwise protected from hazards, traffic and driveways.

The minimum site area shall be one acre.

The hours of operation should be limited to 7:00 a.m. to 6:00 p.m.

All loading and unloading of children shall take place on site and not in the public right-of-way.

Infant-care centers are exempt from the minimum outdoor space provision.

Churches and other places of worship, Sunday school buildings and parish houses.

The minimum lot area shall be two acres.

The property should have primary access to a right-of-way 70 feet or greater in width.

All buildings shall conform to the maximum height standard for the zone.

The applicant should submit a list of proposed activities, anticipated participants and a timetable reflecting the hours in which each building will be in use so that parking requirements can be determined.

No building, activity area or parking facility shall be located within 50 feet of any property line. The above-mentioned facilities shall be buffered from any residential property or zone with a live buffering of massed evergreens as well as fencing.

No parking shall be permitted between any right-of-way line and the front yard requirement of the zone in which the structures are proposed to be located.

Any church existing prior to February 1, 1979, is exempt from the standards and subject only to site plan review.

Clubs, lodges, social buildings and fraternal organizations.

Such uses shall be permitted on lots of not less than five acres. Such uses which do not rent facilities for social affairs may be permitted on lots of not less than two acres.

The minimum width of the lot shall be 200 feet.

Eating and drinking facilities shall be accessible only from within the main structure except for loading and unloading areas, kitchen and emergency exits. Picnic grounds are permitted, provided that they are located 100 feet from any residence or residential zone.

Off-street parking shall be provided at a ratio of one paved parking space per three seats or per three persons of rated capacity.

Minimum front, rear and side yards shall be 100 feet for five-acre lots and 75 feet for two- to 4.9-acre lots from all property boundaries as they apply to any structure, principal or accessory, or improvements such as a tennis court, swimming pool or similar use. Adequate buffers to protect adjacent uses from nuisance characteristics shall be provided, as the Planning Board may require.

Conversion of single-family and/or multifamily dwellings to offices and new office construction in the R-7 and R-10 Zones.

The conversion of single-family and/or multifamily dwelling units to offices is permitted along the following highways:

Route 206.

Route 33.

Broad Street between Park Avenue and Mapleshade Avenue.

Whitehorse-Mercerville Road from Locust to Whitehorse-Hamilton Square Road.

Whitehorse-Mercerville Road from Nottingham Way to Klockner Road.

Minimum area and yard requirements for new office construction, conversions of existing structures and additions to existing structures shall adhere to those of the R-15 Zone. The maximum building floor area ratio is 0.10.

Home occupations are permitted along the above-mentioned highways.

Off-street parking. See § 550-119F of this chapter for standards.

All off-street parking areas must be paved and of sufficient size to store vehicles of office employees and customers and must adhere to parking standards established in this chapter.

All off-street parking lots must be adequately buffered from adjacent residential uses with a buffer strip at least five feet in width, consisting of a solid or stockade fence six feet in height and evergreen shrubs of at least five feet to six feet in height.

Existing lots of record which have depths greater than those minimum requirements of the R-7, R-10 and Community Commercial Zone Districts may be permitted to be developed for office purposes up to a depth equal to the average depth of the two closest commercial zone district boundary lines. Such commercial districts must be on the same side of the highway as the parcel of land in question.

One freestanding sign not to exceed eight square feet in area and four feet in height is permitted. This sign shall not be located within 10 feet of a public street or right-of-way.

No off-street parking area shall be placed within the front or side yard setback areas.

All new office construction and additions and alterations must conform architecturally to the predominant residential character of the area.

Access drives must allow the use of common drives with adjacent residential or commercial properties through cross easements. The interconnection of a rear yard parking lot(s) must be provided to adjacent residential or commercial properties through cross easements.

Joint occupancy buildings. In the Highway Commercial Design District II, one residential unit and a permitted business or businesses may be located within the same building, provided that the following conditions are met:

The residential portion shall have an entrance upon a street, either directly or via an unobstructed passage at least 10 feet wide, 10 feet in height and with a maximum depth of 35 feet.

No floor may be used for both residential and business use.

The nonresidential portion shall be limited to service and professional uses.

Parking for the residential portion shall be on site.[2]

[2]

Editor's Note: Former Subsections K, Factory outlets, and L, Golf courses and golf clubhouses, which immediately followed this subsection, was repealed 6-18-2024 by Ord. No. 24-026. This ordinance also redesignated former Subsections M and N as Subsections K and L.

Home occupations. Any person may utilize his home for any lawful activity which qualifies as a home occupation, provided that:

No nonresident is employed in the home.

There is no external display of goods or any outdoor activity or advertising on the premises other than a nonilluminated identification sign not to exceed 150 square inches. No external light shall be focused on it.

Any advertising shall list only the telephone number and not the street address of the home.

Such use does not occupy more than 25% of the gross floor area of the home, excluding the garage area.

No noise shall be audible to adjacent property owners or interfere with the quiet enjoyment of their property.

Such use of the home shall not adversely affect adjacent property owners or interfere with their quiet enjoyment of their properties by causing air pollution, including noxious odors, or water pollution or electrical interference. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit, if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises.

There shall be no outside storage of any kind related to the home occupation.

No use shall require internal or external alterations to the dwelling unit or the site upon which it is located. In no event shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emissions of sounds, noises and vibrations.

No use shall involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure.

Any deliveries of materials to or from the residence shall be made by either car, station wagon or other four-wheel vehicle or van during the hours of 9:00 a.m. to 5:00 p.m., Monday through Saturday.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and on the driveway of the home. Vehicular traffic flow and parking shall not be increased by more than one additional vehicle at a time.

Hours of home occupation shall be between 9:00 a.m. and 9:00 p.m., Monday through Saturday.

No firearms may be used in any form in said business, including repair of nonfunctioning parts.

(14)

Only one home occupation may be permitted on a lot.

Hospitals, medical institutions and philanthropic or eleemosynary uses.

The minimum lot size for all facilities shall be 10 acres.

Along all residential zoning districts, a buffer 100 feet wide, consisting of massed evergreens, fencing and lawn, shall be provided.

The primary access to any facility must be to a right-of-way, 80 feet or greater in width, and a fifty-foot cartway.

All mechanical equipment which produces noise, vibration, radiation or any other potentially adverse condition shall be sheltered and so located on the property as not to create an unhealthful situation on site or beyond the property lines.

All provisions of Article IV relative to the provision of off-street parking and loading shall be adhered to.

No parking shall be permitted between any right-of-way line and the front yard requirement of the zone in which the structures are proposed to be located.[3]

[3]

Editor's Note: Former Subsection O, Hotels, which immediately followed this subsection, was repealed 6-18-2024 by Ord. No. 24-026. This ordinance also redesignated former Subsections P and Q as Subsections M and N.

Nursing homes.

The minimum lot area for a nursing home shall be five acres.

The minimum lot width at the front building line shall be 300 feet.

The minimum front yard shall be 75 feet.

There shall be two side yards no less than 100 feet in aggregate width, and neither yard shall be less than 50 feet.

There shall be a rear yard with a depth of not less than 50 feet.

Not more than 20% of the area of each lot may be occupied by buildings.

No buildings or structures shall exceed a height of 35 feet or 2 1/2 stories.

Each nursing home shall be served by public water supply and sanitary sewer facilities.

Along each side or rear property line, an evergreen buffer strip shall be provided.

No service areas may be on any street frontage.

Off-street loading and parking shall be required as per Article IV of this chapter.

Pinball and electronic game arcade. Pinball and electronic game arcades may be permitted within shopping centers which meet the criteria of this chapter in Highway Commercial Zone Districts, provided that such establishments meet the following conditions:

At least one adult manager must be present during all hours of operation.

Noise and vibration noise when measured at the entrance to such an establishment may not exceed levels as outlined in Article IV of this chapter.

Indoor seating for customers shall not be permitted in such establishments.

Street furniture may not be located closer than 50 feet to the entrance of such establishments.[4][5]

[4]

Editor's Note: Former subsection (q)(5), pertaining to former Ch. 18, Amusement Devices and Games, of the Code, which immediately followed this subsection, was repealed 7-18-2017 by Ord. No. 17-029

[5]

Editor's Note: Former Subsection R, Public and private schools and colleges, which immediately followed this subsection, was repealed 6-18-2024 by Ord. No. 24-026. This ordinance also redesignated former Subsection S as Subsection O.

Public utility uses.

For the purposes of this chapter, the term "public utility uses" shall include such uses as telephone dial equipment centers, power substations and other public utility services.

The proposed installation in a specific location must be reasonably necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is to be located.

The design of any building in connection with such facilities must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment of property rights in the zone in which it is located.

Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Safety Code in effect at the time of construction.

Sufficient landscaping, including shrubs, trees and lawns, shall be provided and maintained.

Off-street parking shall be provided as determined by the Planning Board during site plan review.

All of the area, yard, building coverage and height requirements of the respective zone and other applicable requirements of this chapter must be met.

Public utility facilities, such as pumping stations, repeater stations, electric substations, etc., which require a structure above grade shall design the structure to harmonize with the character of the neighborhood and shall have adequate fences and other safety devices. A site plan shall be furnished to the Planning Board for review and approval.[6]

[6]

Editor's Note: Former Subsections T, Raising and housing of swine in excess of 10, and U, Raising, breeding and keeping of small animals raised for sale as pets or for laboratory research purposes, which immediately followed this subsection, were repealed 6-18-2024 by Ord. No. 24-026. This ordinance also redesignated former Subsections V through Y as Subsections P through S.

Senior citizen housing.

No site shall contain less than five acres.

No building shall exceed five stories or 60 feet in height.

Not more than 25% of the area may be occupied by buildings. Maximum building coverage may be increased by 5% for any proposal consisting of buildings with a maximum height of 35 feet.

The minimum front, side and rear yards shall be not less than 50 feet.

The minimum distance between buildings shall be 50 feet, except for garages and other accessory buildings.

The minimum right-of-way for any street, road or thoroughfare, whether public or private, shall be 50 feet.

The proposed development shall not be divided by a major collector or arterial road.

The project must be served by adequate utility services, including storm drains, public water and public sewerage facilities.

The maximum residential density shall not exceed 18 dwelling units per acre.

No dwelling unit shall contain more than two bedrooms.

Individual dwelling units shall meet or exceed minimum design requirements specified by the New Jersey Housing Finance Agency.

One parking space per dwelling unit should be provided on site. No parking space shall be located beyond 150 feet of any dwelling unit.

A ten-foot landscaped and fenced buffer shall be located along all property lines abutting nonresidential uses. Provision may be made for a lighted pathway to any adjacent commercial use deemed by the Township to be advantageous for senior citizen use.

(14)

Landscaping and fencing buffering shall be located along all property lines abutting residential uses where deemed appropriate by the Township.

Motor freight terminals.

The minimum lot area shall be 10 acres.

At least the first 50 feet from any street line and the first 25 feet from any property line shall not be used for the parking, storing or maneuvering of trucks. This area shall be planted and maintained in lawn area or ground cover or landscaped with evergreen shrubbery.

Trucks, including tractor or trailer units, parked or stored on the lot shall be arranged in an orderly manner in allocated spaces as shown on an approved site plan.

Trailer units shall be parked or stored only on paved surfaces, and concrete surfaces shall be required under trailer support devices (e.g., crank-down wheels or pads).

All repair and service operations shall take place within completely enclosed buildings in compliance with setback requirements for the zone.

At least 5% of the area devoted to truck parking and storage shall be landscaped. The landscaping should be located in protected areas along walkways, center islands and at the ends of bays.

Fast food restaurant. A fast food restaurant may be permitted in Highway Commercial Zones only, provided that the following conditions are met:

The minimum lot size is one acre.

[Amended 9-16-2014 by Ord. No. 14-064]

The minimum frontage is 250 feet.

The minimum lot depth is 260 feet.

The minimum front setback is 60 feet.

The minimum side yard requirement is 60 feet.

There is a buffer strip adjacent to the front property line of 20 feet.

Side and rear buffer strips of 15 feet must be provided. Where the property abuts a residential use or district, these buffers must be increased to 25 feet. In addition to landscaped buffering, fast food restaurants shall be screened from abutting properties by a decorative masonry or wooden fence of acceptable design, six feet in height. No such wall or fence shall be located so as to obstruct safe traffic vision.

[Amended 9-16-2014 by Ord. No. 14-064[7]]

[7]

Editor's Note: This ordinance also repealed original subsection (x)(8), regarding maximum lot coverage, which immediately followed this subsection.

There shall be at least one major means of access and egress, divided by a median strip. Entrances and exits shall be located at least 80 feet from a street intersection.

Minimum off-street parking requirements shall be one space per two seats plus one space per each full-time employee.

[Amended 9-16-2014 by Ord. No. 14-064]

Direct access from the roadway right-of-way line to the nearest turn or parking space on the lot on which the fast food establishment is located shall be an unobstructed distance of at least 20 feet.

All signs shall conform to the requirements of § 550-124 of this chapter.

All site work shall conform to the general regulations and site design standards in Article IV of this chapter.

All service, storage and trash areas shall be completely screened from public view. All outside trash receptacles shall be located within an enclosure constructed of decorative masonry material, a minimum of four feet and a maximum of six feet in height, and shall be provided with opaque gates of the same height.

(14)

A fast food restaurant may not be located within 1,000 feet of a school, church, synagogue or other place of worship, or a hospital, nursing home or home for the aged. The distance shall be measured between the two closest property lines.

[Amended 2-5-2013 by Ord. No. 13-004]

(15)

The minimum distance between driveways and adjacent property lines shall be 20 feet measured from the curb return to an extension of the side property line.

(16)

The minimum distance between driveways on the site shall be 65 feet measured between the curb returns.

(17)

Drive-in-window lanes shall be physically separated from the traffic circulation system on the site by means of concrete-curbed and landscaped islands which allow for a minimum width of two feet for landscaping. The drive-in-window aisle shall have a minimum width of 10 feet. The length of the drive-in lane shall be such as to permit the stacking of a minimum of 10 vehicles. Allowance must be made to allow customers who have received their orders to bypass vehicles that are awaiting a special order.

(18)

Lighting. In addition to standards in Article IV of this chapter, the light source shall not be higher than the height of the roof.

(19)

All utility lines on the site shall be installed underground.

(20)

Sites shall be so designed as to not permit a conflict between pedestrian and vehicular drive-in traffic in either the stacking lane or drive-in exit.

Radio or television broadcasting towers or antennas. Radio or television broadcasting towers or antennas may be permitted in REO and RD Zones only, provided that the following conditions are met:

The towers and antennas must be associated with radio or television broadcasting stations, including studios, auditoriums and other rooms for performances, and including office and other space incident to and necessary for the principal use, exclusive of broadcasting towers and antennas.[8]

[8]

Editor's Note: Former Subsections Z, Single-user warehouse club, and AA, Solar or photovoltaic energy-generating facility, ground-mounted and mounted over surface parking, which immediately followed this subsection, were repealed 6-18-2024 by Ord. No. 24-026.

§ 550-162 Garden apartments.

No garden apartment dwelling shall be constructed in the Township unless the dwelling is part of an approved site plan and unless the following minimum standards are met in addition to § 550-75 of this chapter:

Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, which shall include consideration of landscaping techniques, building or orientation to the site and to other structures, topography, natural features and individual dwelling unit design, such as varying unit width, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors, and vertical or horizontal orientation of the facades, singularly or in combination, for each dwelling unit.

All dwelling units shall be connected to approved and functioning public water and sanitary sewer systems. Prior to approval, an applicant must obtain a certificate from the appropriate agency allocating capacity in the system to the garden apartment development. Garden apartment units shall be connected to these systems prior to the issuance of a certificate of occupancy.

All parking facilities shall be on the same site as the building and located within 150 feet of the nearest entrance of the building they are intended to serve. Parking spaces shall be provided in areas designed specifically for parking, and there shall be no parking along interior streets. The total area devoted to both parking and interior streets shall not exceed 35% of the tract.

Apartment buildings may consist of any configuration that meets the prescribed area and yard requirements and does not exceed the following overall or component building lengths: 200 feet on one plane; 340 feet on any angle; 500 feet along the center line. Building coverage shall not exceed 20% of the tract area. Buildings shall provide one opening at ground level at least every 250 feet, measured along the center line. This opening shall be a minimum of 15 feet in clear width and height and shall be at an elevation enabling emergency vehicle access through the opening.

No portion of any dwelling unit shall be a basement.

Each dwelling unit shall have two separate means of egress to the ground, except that any windowsill which is 12 feet or less above the ground level below it shall be considered a separate means of egress.

In addition to any storage area contained inside individual dwelling units, there shall be provided for each dwelling unit 200 cubic feet of storage area, in a convenient, centrally located area in the basement or ground floor of the dwelling structure, where personal belongings and effects may be stored without constituting a fire hazard and where said belongings and effects may be kept locked and separated from the belongings of other occupants. In addition, there shall be a minimum common storage area in each building of 50 cubic feet per dwelling unit located convenient to the outside ground level for bicycles, perambulators and similar types of equipment.

No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner. A laundry shall be provided within each building with sufficient area and equipment for the laundering and artificial drying of the laundry belonging to the occupants of each building.

Each apartment building shall contain a single master television antenna system, which shall serve all dwelling units within the building.

Each garden apartment dwelling unit shall have the following minimum floor areas:

Type of Unit	Floor Area (square feet)
Efficiency or studio	500
One-bedroom	700
Two-bedroom	800

Each additional bedroom shall require that a minimum of 200 additional square feet be added to the gross floor area of the garden apartment dwelling.

Trash and garbage. Each garden apartment complex shall provide for the private removal of trash and garbage and shall provide and locate steel dumpster containers convenient to the apartment dwelling units which will be served by such a container. All dumpsters shall be screened from view by decorative masonry walls, shrubs or fences satisfactory to the municipal agency. They shall be located on concrete pads with a pounds-per-square-inch rating sufficient to withstand the weight of garbage disposal trucks.

Maximum size of buildings. No more than 16 dwelling units shall be contained in any one building, and there shall be no more than four dwelling units in any unbroken line. A setback of not less than eight feet shall be deemed a satisfactory offset in the building line.

§ 550-163 Townhouses.

No townhouse dwelling shall be constructed in the Township unless the dwelling is part of an approved site plan and unless the following minimum standards are met, in addition to § 550-75 of this chapter:

Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features and individual dwelling unit design, such as varying widths, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors, and vertical or horizontal orientation of the facades, singularly or in combination, for each dwelling unit.

In order to prevent the development of long and monotonous buildings and ridgelines which serve to increase the sense of density, lack interest and liken the development to a barracks, overall structures of attached townhouses shall consist of no more than eight townhouse dwelling units. There shall be at least three different ridgeline heights in each overall structure of attached townhouses, which shall vary by at least three feet. In any overall structure of attached townhouses, no more than two adjacent dwelling units shall have the same setback. Setbacks shall vary by at least eight feet.

The monotony of long overall structures of attached townhouses is considerably diminished when such structures are sited on gently rolling lands. In such instances, the municipal agency may approve the construction of overall structures of attached townhouses containing nine or 10 townhouse dwelling units.

All dwelling units shall be connected to approved and functioning public water and sanitary sewer systems. Prior to approval, an applicant must obtain a certificate from the appropriate agency allocating capacity in the system to the townhouse development. Townhouse units shall be connected to these systems prior to the issuance of a certificate of occupancy.

No townhouse dwelling unit shall be less than 16 feet wide. Building coverage shall not exceed 20% of the tract area.

No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner. Each townhouse unit shall have specific areas allocated with enough floor space to contain a washing machine and a dryer.

Each building shall contain a single master television antenna system, which shall serve all dwelling units within the building.

Each townhouse dwelling unit shall have the following minimum floor areas:

Type of Unit	Floor Area (square feet)
One-bedroom	800
Two-bedroom	1,000
Three-bedroom	1,200

Each additional bedroom shall require that a minimum of 250 additional square feet be added to the gross floor area of the townhouse dwelling. No townhouse unit shall be located above another townhouse unit.

Minimum yard areas shall be measured horizontally in feet and shall be measured away from the front, side and rear of each building. The total minimum distance between buildings shall be the sum of two abutting yard areas. No building, as measured radially from any corner, shall be closer to any other building corner than the combined distances of the side yard requirements for each building. The combined distance of two side yards shall exclude any driveway or vehicular access, such driveway or vehicular access width being in addition to the combined side yard width.

Trash and garbage. Each townhouse complex shall provide for the private removal of trash and garbage. Townhouse units shall be designed to provide for storage of trash and garbage, subject to municipal agency approval. The use of outside dumpster containers is prohibited.

§ 550-164 Planned developments.

[Amended 6-16-1993 by Ord. No. 93-031]

Planned neighborhoods and planned communities.

Principal permitted uses on the land and in buildings.

Detached dwelling units, which shall account for at least 20% of all residential units.

Garden apartment dwelling units, as per § 550-75A, B, C, E(2), (4), (5), (6), (7) and (8), F, G and H and § 550-162.

Townhouse dwelling units, as per § 550-75A, B, C, E(2), (4), (5), (6), (7) and (8), F, G and H and § 550-163.

Uses permitted in the NC District, including supermarkets, in accordance with standards specified in § 550-76 of this chapter. No more than 5% of either a planned neighborhood or a planned community tract may be devoted to such uses.

Uses permitted in the REO District in accordance with the standards specified for such uses in § 550-81 of this chapter, provided that such uses are permitted in planned communities only; and provided, further, that not more than 25% of the total tract area for the planned community may be devoted to such uses and not less than 5% of the total tract area for the planned community shall be devoted to such uses. If an applicant can demonstrate through a market analysis that this requirement is impractical, the municipal agency may reconsider this requirement.

Accessory uses permitted.

Pools.

A community swimming pool(s) located within the common space to service the residents of the planned neighborhood development or planned community development shall be permitted.

No swimming pool shall be permitted in conjunction with any dwelling unit, except for a child's wading pool, which shall be no larger than six feet in diameter and 18 inches in depth. The wading pool shall be stored when not in use.

Off-street parking and private garages.

Fences. (See § 550-114.)

Single-family detached dwelling units.

Fences shall be no more than five feet in height.

Fences shall complement the structural style, type and design of the dwelling unit.

A construction permit is required for the installation of fencing.

A resolution of approval from the open space organization is required for the issuance of a permit for the installation of fencing.

Townhouse units.

Fences shall be no more than five feet in height.

Fences should complement the structural style, type and design of the townhouse unit.

A construction permit is required for the installation of fencing.

A resolution of approval from the open space organization is required for the installation of fencing.

Apartments/condominiums. No fences shall be permitted for any apartment/condominium unit.

Any fence which was installed prior to July 1, 1986, without a construction permit shall be permitted to remain on the property, provided that:

The fence complements the structural style, type and design of the unit.

The owner obtains a resolution of approval for the fence from the open space organization.

The owner obtains a building permit from the Construction Official.

Signs.

Temporary construction trailers and one sign, not exceeding 100 square feet, advertising the prime contractor, subcontractor(s), architect, financial institution and similar data, for the period of construction beginning with the issuance of a construction permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, provided that said trailer(s) and sign are on the site where construction is taking place and are set back at least 15 feet from all street and lot lines.

Decks and patios.

Single-family detached dwelling units. Minimum requirements shall be:

Side yard setback, each: 10 feet.

Rear yard setback: 18 feet.

Maximum lot coverage: The size of the deck shall be computed in determining the maximum lot coverage, which shall not exceed 25% of the lot area.

Height. Decks shall be no higher than four feet above grade.

Townhouse units. Minimum requirements shall be:

Side yard setback, each: one foot. In the case of end townhouse units, decks and patios shall not extend beyond the side building line of the townhouse unit.

Rear yard setback: Decks and patios shall not extend more than 10 feet from the rear building line of the townhouse unit. This distance shall be measured from a point on the rear building line farthest from the rear lot line.

Maximum lot coverage: not applicable.

Height. Decks shall be no higher than four feet above grade. (This requirement does not apply to developments whose building elevations were previously approved and showed decks exceeding this height.)

Decks and patios shall not be included in calculating the minimum setbacks required between townhouse buildings or between townhouse buildings and apartment/condominium buildings or between townhouse buildings and single-family detached homes or between townhouse buildings and the site's property line.

Apartment/condominium units. Decks and patios shall not be permitted accessory uses to apartment/condominium units.

Sheds.

Single-family detached dwelling units.

Only one shed may be permitted on a single-family detached dwelling unit lot.

Sheds shall be located in the rear yard.

Sheds shall complement the structural style, type and design of the dwelling unit.

The area of a shed shall be considered in calculating the permitted building coverage in the zone, which is a maximum of 25% of the lot area.

A shed shall not exceed 100 square feet in area and 10 feet in height. The dimension of any side of a shed shall not exceed 10 feet.

A construction permit is required for the construction of all sheds.

A resolution of approval from the open space organization is required for the issuance of a construction permit for the construction of a shed.

Townhouse units.

Only one shed may be permitted on a townhouse unit lot.

Sheds shall be located in the rear yard.

Sheds shall complement the structural style, type and design of the townhouse unit.

The area of a shed shall be considered in calculating the permitted building coverage in the zone, which is a maximum of 25% of the lot area.

A shed shall not exceed 64 square feet in area and eight feet in height. The dimension of any side of a shed shall not exceed eight feet.

A construction permit is required for the construction of all sheds.

A resolution of approval from the open space organization is required for the issuance of a construction permit for the construction of a shed.

Any shed which was installed prior to July 1, 1986, without a construction permit shall be permitted to remain on the property, provided that:

The shed complements the structural style, type and design of the unit.

The owner obtains a resolution of approval for the shed from the open space organization.

The owner obtains a building permit from the Construction Official.

Porches.

Single-family detached dwelling units. Minimum requirements:

Side yard setback, each: 10 feet.

Rear yard setback: 18 feet.

Maximum lot coverage: The size of the porch shall be computed in determining the maximum lot coverage, which shall not exceed 25% of the lot area.

The porch shall be finished with the same roofing and siding materials and in the same colors as the principal building.

Not less than 40% of the area of each side shall be either screened or open. The porch shall not be heated.

Porches are prohibited in front yards and side yards.

Heights. The maximum height of a porch shall be 15 feet, except where the rear yard setback and/or side yard setback as defined in Subsection A(5) of this section are not met. In those instances, the maximum height of the porch shall be one story.

Townhouse and apartment/condominium units. Porches are not permitted accessory uses to townhouse and apartment/condominium units.

Building additions.

Single-family detached dwelling units.

Building additions shall be permitted as long as they conform to all bulk and yard requirements established.

All additions shall conform to the architecture, colors and materials of the original dwelling unit.

Townhouse and apartment/condominium units. Building additions to townhouse and apartment/condominium units shall not be permitted.

Boats, campers and trailers. No boats, campers or trailers of any type shall be permitted on the property.

Mopeds, motorcycles. No motorcycles or mopeds shall be permitted on any lawn or sidewalk area and shall only be parked in vehicle parking areas or driveways of individual lots.

Maximum building height. No building may exceed 35 feet in height, except as provided in the following provision: Garden apartments and townhouses may not exceed 45 feet in height or three stories.

Maximum residential density.

Planned neighborhoods shall be developed at a gross density of not more than six dwelling units per acre, excluding any acreage devoted to the optional neighborhood commercial uses.

Planned communities shall be developed at a gross density of not more than eight dwelling units per acre, excluding any acreage devoted to the optional neighborhood commercial uses and the required research and development uses.

Area and yard requirements (detached dwellings):

Minimum requirements
	Principal building:
		Lot area (square feet)	7,000
		Lot frontage (feet)	70
		Lot width (feet)	70
		Lot depth (feet)	90
		Side yard, each (feet)	10
		Front yard (feet)	30
		Rear yard (feet)	30
	Accessory building:
		Distance to side line (feet)	6
		Distance to rear line (feet)	6
		Distance to other building (feet)	10
Maximum requirements
	Building coverage (percent)		25%

Minimum off-street parking and loading.

Dwelling units shall each provide two parking spaces per unit.

Neighborhood commercial uses shall provide parking spaces as provided in § 550-76I of this chapter and loading areas as provided in § 550-76H.

Research, engineering and office uses shall provide parking spaces as provided in § 550-81I of this chapter and loading spaces as provided in § 550-81H

See § 550-119 for additional standards.

Permitted signs: see § 550-124.

Open space requirements: see Subsection B below.

Temporary sales office trailer.

The trailer shall be located on the same lot as the principal permitted use and shall meet all setback requirements for principal buildings in the zone.

The trailer shall be used only until the first model building is suitable for occupancy. The sales office shall then be relocated to a unit(s) within the building. The trailer, all related improvements and appurtenances must be removed and the trailer site restored within 30 days of the office relocation.

The trailer shall be shown on the site plan for the principal permitted use and shall be reviewed on an individual case basis in accordance with the performance standards in § 550-120.

Open space requirements.

A minimum buffer of 100 feet shall be provided where any planned neighborhood development abuts Veterans' Park. This buffer shall be left in its natural state where wooded and supplemented with landscaping where necessary.

Open space shall be optimally related to the overall plan and design of the development and improved to best suit the purpose(s) for which it is intended. Land utilized for street rights-of-way shall not be included as part of the open space percent requirements. Land to be devoted to public purposes may be offered to the Township or may be owned and maintained by an open space organization. Any lands intended to be offered to the Township for public purposes shall be so declared prior to preliminary approval. All lands not offered to and/or not accepted by the Township shall be owned and maintained by an open space organization. All streets within the development shall be dedicated to the Township.

All bikeways in planned neighborhood developments must connect with the existing system in Veterans' Park.

Any lands offered to the Township shall meet the following requirements:

The minimum size of each parcel offered shall be two acres.

Lands offered for recreational purposes shall be improved by the developer, including equipment, ways and landscaping, in order to qualify the lands for acceptance by the Township.

Any lands offered to the Township shall be subject to review by the Planning Board, which in its review and evaluation of the suitability of such land shall be guided by the Master Plan of the Township, by the ability to assemble and relate such lands to an overall plan, and by the accessibility and potential utility of such lands. The Planning Board may request an opinion from other public agencies or individuals as to the advisability of the Township's accepting any lands to be offered to the Township.

Every parcel of land offered to and accepted by the Township shall be conveyed to the Township by deed at the time final plan approval is granted by the Township. The deed shall contain such restrictions as may reasonably be required by the Planning Board to effectuate the provisions of Subsection B(4) hereinabove pertaining to the use of such areas.

Slopes exceeding 15% may only account for up to 10% of minimum open space requirements.

Water bodies may only account for up to 10% of minimum open space requirements.

Both slopes exceeding 15% and water bodies may only account for up to 12% of minimum open space requirements.

An open space organization established for the purpose of owning and maintaining common lands and facilities, including conservation, open space, floodplain, recreation and park areas, shall be in accordance with N.J.S.A. 40:55D-43 and the following provisions:

Membership in a created open space organization by all property owners shall be mandatory. Such required membership in any created open space organization and the responsibilities upon the members shall be in writing between the organization and the individual in the form of a covenant, with each member agreeing to his liability for his pro rata share of the organization's cost, and provided that the Township shall be a party beneficiary to such covenant entitled to enforce its provisions. The terms and conditions of said covenant shall be reviewed by both the Township Attorney and the Planning Board Attorney prior to final approval.

Executed deeds shall be tendered to the Township simultaneously with the granting of final approval, stating that the prescribed use(s) of the lands in the common ownership shall be absolute and not subject to reversion for possible future development.

The open space organization shall be responsible for liability insurance, municipal taxes, maintenance of land and any facilities that may be erected on any land deeded to the open space organization and shall hold the Township harmless from any liability. The applicant shall certify to the municipal agency that all lands and appurtenant facilities dedicated to the open space organization and/or the municipality shall be free and clear of any and all liens and encumbrances. Additionally, all appurtenant facilities shall not be leased to the open space organization by the applicant.

Any assessment levied by the open space organization may become a lien on the private properties in the development. The duly created open space organization shall be allowed to adjust the assessment to meet changing needs, and any deeded lands may be sold, donated or in any other way conveyed to the Township for public purposes only. Until such time as the applicant relinquishes his interests in an open space organization, he shall assume a proportionate share of such assessments. Prior to the granting of final approval, the applicant shall develop an estimate of what assessments will be over a three-year period of time. Estimates of assessments and actual assessments shall include expected annual operating expenses as well as a reserve for future repairs and maintenance, as well as an inflationary increment, such as a cost-of-living index. Such estimates shall be required to be shown to all prospective purchasers and/or renters of dwelling units.

The open space organization initially created by the developer shall clearly describe in its bylaws the rights and obligations of any homeowner and tenant in the planned development, along with the covenant and model deeds and the articles of incorporation of the association, prior to the granting of final approval by the Township.

Part of the development proposals submitted to and approved by the Township shall be provisions to ensure that control of the open space organization will be transferred to the individual lot owners in the development based on a percentage of the dwelling units sold and/or occupied, together with assurances in the bylaws that the open space organization shall have the maintenance responsibilities for all lands to which they hold title.

Facilities permitted in neighborhood business, community commercial and research, engineering and office districts shall be charged an assessment by the open space organization, based upon the relative benefits received from the use of roads, lighting facilities and aesthetic values of the open space system in the community.

Voting within the open space organization shall be based upon the degree of economic interest which the owners of single-family houses, townhouses or condominiums and the renters of apartments have in the community.

Should the development consist of a number of stages, allowances shall be made in the open space organization's documents to allow for the enlargement of that organization by the addition of new sections of the development.

There shall be no clause in the open space organization's documents that would bar it from taking legal action against the developer.

A mechanism for the disposal of internal disputes shall be established within the open space organization's documents. Compulsory arbitration before a third party shall be established so that a dispute may be internally resolved before it reaches a legalistic level.

(l)

Methods of change shall be provided for the document.

(m)

Responsibilities of open space organization and Township.

The open space organization shall also be responsible for the following within all common property (including parking lots and drives and streets not dedicated to the Township):

Maintenance of all utilities and infrastructure (including, but not limited to, sanitary sewers, storm drains, paving, curbs, sidewalks, etc.).

Payment for the cost of lighting of streets, parking lots and/or other outdoor and interior lighting.

Provision of trash collection and removal.

Provision of snowplowing.

On the streets dedicated to the Township, the Township shall be responsible for the following:

Maintenance of all utilities and infrastructure (including but not limited to sanitary sewers, storm drains, paving, etc.). Curbs and sidewalks, however, shall be the responsibility of the owners of detached single-family homes which front on the dedicated streets.

Provision of streetlighting.

Provision of trash collection and removal for those single-family detached homes which front on the dedicated streets.

Provision of snowplowing.

The above provisions which outline the responsibilities of the Township and the open space organization shall be made part of each deed, public offering statement, master deed, unit deeds and other bylaws of the homeowners' association.

(n)

Any changes regarding structures or physical conditions in the planned neighborhood development or planned community development by the open space organization or by the individual unit owner must be in accordance with the organization's covenants, deeds, restrictions and/or bylaws. Building or other permits must be obtained for such changes, and it is the applicant's responsibility to document that what is proposed is in accordance with the aforementioned organization documents, and provided that said changes do not require Planning Board approval. Any changes regarding structures or physical conditions in the planned neighborhood development or planned community development not in accordance with the aforementioned organization documents require Planning Board approval.

Should the proposed development consist of a number of stages, the Planning Board may require that open space acreage, proportionate in size to the stage being considered for final approval, be set aside simultaneously with the granting of final approval for that particular stage, even though these lands may be located in a different section of the overall development.

General requirements.

Prior to preliminary approval, the developer shall submit a preliminary public sewer system plan, which will serve the dwelling units in the development, together with letters from the appropriate municipal, county and state officials indicating the feasibility of such a sewer plan and the fact that the sewer treatment plant has sufficient capacity to serve the development.

Any proposal for planned development may include provisions for the phasing of construction over a period of years, provided that the following terms and conditions, intended to protect the interests of the public and of the residents, occupants and owners of the proposed development, are met:

Where the development is intended to be phased over a number of years, prior to the granting of preliminary approval for the entire planned development, there shall be an explanation, including appropriate maps, indicating the location, number and type of units to be constructed in each phase and the priority of each phase. Each development phase shall indicate its relationship to the circulation and utilities systems completed up to that point in order to assure their adequacy to serve the total development.

Preliminary approval shall be granted for the complete planned development proposal before final approval shall be granted for any phase.

Each development phase shall maintain a proportional balance of residential uses and nonresidential uses, recreational facilities and open space to serve the residents. For all development phases subsequent to the first phase, no building permits may be issued for construction of units in any such phase until construction of preceding phases is substantially completed. ("Substantially completed" shall be taken to mean that, as a minimum, all exterior finish, paving, fine grading, seeding and landscaping shall have been completed.)

No certificate of occupancy shall be issued for any building or part thereof until all streets, drainage, parking facilities and sewer facilities servicing said structure are properly completed and functioning.

Commercial facilities shall be designed and intended to serve residents of the planned development.

Recreational areas and facilities shall be readily accessible to all residents of the planned development via walkways and/or bicycle paths.

If a development is to be staged over a period of years, a phased development plan shall be shown prior to preliminary approval. The net density of the land development in each phased area shall be shown with a timetable for development.

Open space shall be distributed throughout the development in an equitable manner.

Special requirements for all developments within the planned neighborhood districts adjacent to Hamilton Veterans' Park. The following clause shall be included in all public offering statements for these properties:

"Please be advised that your development is located adjacent to Veterans' Park, which contains lighted ball fields and tennis courts, a soccer field, court games (croquet, bocce, shuffleboard, etc.) with equipment available. In addition, there are playgrounds, walking, biking and jogging trails and the historic Abbott Farm complex. The athletic fields are used for both league play and special regional sports tournaments. You should expect that there will be increased noise and traffic when the fields and courts are in use. You should also expect to see the fields and courts lighted in the evenings, with some lighting spillover onto your development. The Township of Hamilton also sponsors events in the park. Among these, the Fourth of July is celebrated with an evening fireworks display and, in the Fall, the Township sponsors Septemberfest, when the park is transformed into a day-long festival with various contests, displays, demonstrations, musicians, clowns, hayrides and food booths. A certain amount of inconvenience may also be expected from such festivals and special events."

§ 550-165 Evaluation standards and criteria for planned developments. [1]

[Added 9-18-1996 by Ord. No. 96-042]

The physical appearance of a planned development shall be of the highest quality. It is necessary that planned developments adhere to a set of standards and criteria that addresses a variety of site plan considerations, including layout, building massing and form, and landscaping. This will result in an overall coordinated appearance for a particular development. The standards and criteria listed below must be incorporated into a general development plan submission for a planned development. Design covenants shall incorporate, complement and expand upon these standards and criteria. Such design covenants may be required by the Planning Board as part of the general development plan application, review and approval process.

Site layout.

Passive solar design and orientation of buildings is encouraged.

Through the on-site circulation and building layout there shall be minimum conflict between service vehicles, private automobiles and pedestrians.

Visitor building entrances and vehicular entrance driveways shall be readily identifiable and accessible to the first-time visitor.

The visual impact of large parking lots in front of buildings and along street frontages shall be minimized with landscaping, earthen berms and pedestrian systems and by making parking lots smaller.

Building entries shall be highlighted by such features, including:

Outdoor patios;

Display windows;

Ceremonial entry porte cocheres;

Plazas, paver block or brick crosswalks or other landscape features;

Overhangs and peaked roof forms;

Specially treated architectural walls;

Covered walkways;

Awnings and arcades;

Raised corniced parapets over the door;

Recesses and projections;

Arches;

(l)

Architectural details, such as tile work and molding;

(m)

Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.

Structures and uses shall be arranged and clustered to maximize opportunities for shared circulation, parking, loading, pedestrian walkways and plazas, recreation areas, transit-related facilities, and day-and-night security surveillance.

Building massing and form.

The architectural character of each proposed building or structure shall be of contemporary design and style.

Buildings shall generally have a horizontal appearance brought about by the use of horizontal bands and fascia to minimize the verticality of the structure. Materials, colors and finishes shall be coordinated on all exterior elevations of each building to achieve symphony of expression.

No commercial statements of the occupant's products or services shall be allowed as part of the building facade or elevation.

Architectural designs shall be evaluated in terms of the sensitive integration of form, textures and colors with the particular landscape and topographic characteristics of each individual site.

Groups of related buildings shall be designed to present a harmonious appearance in terms of style and use of exterior materials, fenestration and roof type.

Accessory buildings shall be architecturally treated in the same manner as principal structures.

Building exterior walls shall be articulated to reduce the scale and the uniform appearance of buildings and to provide visual interest that will be consistent with the community's identity, character and scale. The intent is to encourage a more human scale that residents and workers will be able to identify with their community. As such, one or a combination of the following shall be utilized in a planned development:

Roofline variation.

Arcades, display windows and entry areas.

Grouping into smaller or multiple structures.

Mature landscaping and land form manipulation.

Wall texture placement and change.

Clustering small-scale elements such as planter walls around the major form.

Creation of a horizontal and vertical shadow line.

Offsets and/or breaks in the building line.

Patterned walls.

Fenestration.

Color change.

Radical theme structures or signage, building and roof forms which draw unnecessary attention from streets to the building shall not be permitted.

The primary building objective is to maintain an architecturally harmonious development. Each building shall be sensitive to the immediate neighboring structure. Drastic variations in scale, texture or colors shall not be permitted. Opportunities to provide walkway systems to adjoining buildings, including common plazas or courtyards, are encouraged.

Each building shall be required to limit the consumption of energy through adherence to New Jersey State Energy Code requirements.

All facades of a building which are visible from adjoining properties and/or public streets should contribute to the pleasing scale features of the building and encourage community integration by featuring characteristic similar to the front facade.

Building appearance.

To maintain a high standard of construction and appearance and to provide interesting and tasteful exteriors, the exterior walls of each building shall be constructed of durable permanent architectural materials compatible with campus-like standards, tastefully handled, i.e., carefully selected brick; stone with a weathered face or polished, fluted or broken-faced. Predominant exterior building materials shall not include smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels.

Pre-engineered metal buildings, industrial-type structures featuring predominantly painted exteriors, and corrugated metal-sided or clapboard aluminum-sided "Butler" type buildings shall not be permitted.

All facade materials must be maintenance-free. There shall be no exposed common concrete block on the exterior of any building, and painted concrete block shall not be permitted.

Window treatment shall be required along the front and sides of all noncommercial buildings.

Drainage pipes on building surfaces must be on the interior and not exposed.

Building roofs are to be uncluttered. Vertical roof projections such as towers, vents, stacks or roof-mounted equipment shall be integrated into the architecture. All penetrations through the roof (i.e., mechanical equipment or skylights) must be organized in a manner that is integral to the architectural form of the building or completely screened from view by parapet walls or approved enclosures. Screens shall be attractive in appearance and reflect or complement the architecture of the building to which they belong.

Design of canopies shall be in keeping with the design of the building.

Rear loading areas shall be screened using architectural walls.

Building color and texture.

Simple and uniform texture patterns are encouraged to create shadow patterns which will reduce the high visibility of the building.

Variations in color shall be kept to a minimum.

Colors shall be subdued in tone.

Accent colors may be used to express corporate identity.

Parking and circulation.

Each building site must include adequate off-street automobile parking and loading facilities, and no parking or loading facilities shall be permitted on any street, entrance drive, or any place other than in an approved space. Off-street parking and loading design shall conform to those identified in § 550-119, although actual design may be based on site experiences at other locations. It may not be necessary to pave the entire parking area established by these ratios where it can be demonstrated that the minimum chapter requirements are in excess of need. In such cases, the land shall be reserved for future parking and set aside as open space, to be installed if occupancy changes require additional parking.

The Urban Land Institute's "Shared Parking Analysis" shall be used by the applicant when it is deemed appropriate by the Planning Board.

Parking areas should provide safe, convenient and efficient access. They should be placed next to large buildings in order to shorten the distance to other buildings and sidewalks and to reduce the overall scale of the paved surface. If buildings are located closer to streets, the scale of the complex is reduced, pedestrian traffic is encouraged, and architectural details take on added importance.

All parking areas shall be screened from streets and adjacent parcels by earth berms and landscaping to assure that the visual effect of large paved areas and standing automobiles is minimized. The natural landscape and building views should predominate. Parking areas shall also be subdivided by islands containing trees and other landscape materials. Planting islands shall be located at selected intervals where they will aid in reducing the visual expanse of parking areas.

Parking areas shall be located to maximize the potential for shared parking between on- and off-site complementary uses. Parking areas shall be designed and located so as to facilitate transit, bicycle and pedestrian access. Parking spaces closest to the building entrances, in order, shall be reserved for:

People with disabilities (all types of parking);

Employee vanpool vehicles; and

Employee carpool vehicles.

Bicycle lockers and/or stands shall be provided as close to building entrances as possible and may be located in front of a building. If the building is served by a public bus line or if a private company bus is expected to transport employees, a bus pullout or parking area and a bus shelter shall be provided as close to a building entrance as possible, either within the street right-of-way or on the site. Private bus service shall be encouraged to carry employees to nearby commercial areas at lunchtime.

The number of vehicular access driveways per lot shall be subject to Planning Board review to ensure landscape continuity within the setbacks while allowing the necessary flexibility for development of individual lots. As a general planning guide, lot access shall be limited and appropriately spaced. Consolidation of access drives on adjacent lots shall be encouraged in conjunction with cross easements, particularly when adjacent parcels are developed simultaneously. This consolidation will reduce the number and area of driveway openings on a given length of roadway, as well as provide applicants greater latitude in developing their sites.

Provide continuous pedestrian and bicycle access to all uses within and between developments and provide on-site directional signage identifying the location of all uses within the planned development. Barriers to handicapped and elderly persons shall be minimized.

Textured crosswalks are to be used where pedestrians come in contact with vehicular traffic. All walks must be well-lighted with bollards. On-site pedestrian linkages must connect buildings to external perimeter pedestrian systems.

Landscaping.

Landscaping shall be required in those areas that are designated as setback areas, areas within parking lots, areas not used for ingress, egress, parking or storage, and areas subject to grading and recontouring. Although each site could have a different building configuration and use and, in some cases, individual owners, an overall landscape theme dealing with major design elements must be established. These elements shall include:

Setback and buffer areas along roadways as well as adjacent residentially zoned properties;

Retention and detention basin areas;

Parking lots and areas around buildings; and

Natural vista corridors such as woodlots and floodplains.

On individual sites, a flexibility in design and choice of landscape materials is permitted, provided such designs utilize and/or augment suggested plant materials and plant sizes. Rear and side yards shall be landscaped as to provide an effective screen, at the time of planting, to obscure from view at ground level the permitted use from adjoining uses of a dissimilar nature.

The design and development of landscaping shall:

Enhance the appearance of the site internally and from a distance;

Include street trees and streetside landscaping;

Provide an integrated open space and pedestrianway system within the development with appropriate connections to surrounding properties;

Include, as appropriate, a bike path, bike lane, sidewalk, pedestrian walkway or jogging trail;

Provide buffering or transitions between uses;

Provide conveniently located outdoor eating areas; and

Provide outdoor recreation areas appropriate to serve all the uses within the development.

Landscaping shall be designed and installed in accordance with professional standards, and all landscape plans shall be subject to Planning Board review and approval. All landscaping, including lawn areas, trees and shrubbery, shall be maintained in excellent condition by the property owners' or development association by cutting, trimming, feeding, watering and weeding. Plants shall be replaced as may be required. Landscaping shall be installed upon the substantial completion of the building, weather permitting, and an underground irrigation system may be required by the Planning Board in some landscaped areas.

Existing vegetation to be preserved on each site must be designated on each plan. Techniques to be employed to preserve such vegetated areas shall be submitted to the Planning Board for review and approval. Such techniques should address the following elements of tree structure so as to avoid damaging effects during and after construction to these elements: crown; branch system; dripline; existing grade, drainage and soil character; root system and feeder root system.

Reforestation and forest management.

Reforestation shall be required as mitigation if development of a site results in the removal of trees from an existing woodlot. Reforestation shall be in addition to a normal required landscape plan and may either take place on site, off site within a Township park, or within a Township-designated open space area.

A forest management plan may be required. It shall be prepared by a professional forester and may include a timber harvesting element. The plan shall be reviewed and approved by the Planning Board.

The management of a woodlot shall be conducted in a manner that recognizes the possibility for a public access pathway on the site, as well as its role as a watershed, green space and wildlife habitat, while at the same time providing for some limited harvesting of the resource without damage to the natural health of the forest. Removal of timber shall be used to release desirable understory trees and/or create conditions favorable for the regeneration of new trees.

Drainage.

Each parcel's stormwater drainage must be collected on site and released at an approved location or locations. After being temporarily detained in basins, the stormwater must be released at a controlled rate into the channel systems which become part of the natural drainage watershed. In cases where water drains onto the parcel from adjacent parcels, the drainage system must provide for the inflow, unless special arrangements are made to the contrary.

Stormwater detention areas may be necessary to ensure recharge of sensitive groundwater systems at a rate equivalent to the natural site conditions before development. Determination of this need must be made by the Township Engineer on the basis of topography, subsoil characteristics, aquifer characteristics, and ground coverage. The requirement of a detention basin shall be established after review of the plan at the concept design stage, at which time the coverage and grading can be properly determined. Engineering design standards shall be based on those governing Township stormwater management.

Individual detention basins on each parcel shall not be required. However, each site's individual drainage collection system must be designed to collect and direct all surface runoff to an overall comprehensive drainage system.

Detention basins must be sensitively designed to provide both practical stormwater control and to develop into attractive and ecologically stable landscapes. The following design guidelines shall be adhered to:

Basin design should be site-specific. Avoid using standard "cookie-cutter" shapes and angular designs; keep lines and contours free-flowing and natural in appearance.

Vary basin shape and slopes to produce basins that blend into the surrounding topography and existing natural conditions.

Where appropriate, basin design should incorporate recreational amenities such as ball fields and/or open play areas integrated with plantings in a parklike and safe manner.

When required by the Planning Board and indicated on an approved development plan, detention basins shall be landscaped. The following planting design guidelines must be adhered to:

Plant species should be tolerant of both wet and dry soil conditions.

Trees and shrubs should be planted in masses and groves to mimic naturally occurring patterns.

Plantings should be allowed to go on and over side slopes.

Plantings should not be permitted on any dikes associated with the detention basin unless approved by the Township Engineer.

Provision for emergency access as well as general maintenance of the basin should be reviewed and approved by the Township Engineer. Plantings should be designed to disguise, yet not hinder, vehicular access.

Plantings should not be located too close to low-flow channels to allow for maintenance of the basin.

Vary plant spacing; allow for openings and gaps and more closely planted areas.

Tree plantings should be a mixture of species and sizes to be reviewed and approved by the Planning Board.

Shrubs should be planted in masses. Groups of single species should be allowed to overlap a group of another species to form large continuous beds.

Grass mixtures should be specified that remain attractive while being cut only three to four times per year, e.g., tall fescue varieties. Avoid using high maintenance fine lawn grasses. Where appropriate, basins may be seeded with meadow grass or wildflower mixtures that require only one mowing per year.

Open areas, from the basin to existing woodlands, should be planted with indigenous species of shade trees and naturalizing meadow grass and/or wildflower mixture to help blend the two areas together.

(l)

Reforestation is a landscape treatment appropriate for detention basins that are not highly visible or are located adjacent to areas of native woodlots. Where reforestation is determined to be appropriate by the Planning Board, tree sizes should vary. Trees should be planted in groves.

Lighting.

Well-designed soft lighting of the building exterior shall be permitted, provided that the lighting complements the architecture. The lighting shall not draw inordinate attention to the building.

Parking lot, service area, and roadway lighting shall be provided by freestanding fixtures designed to minimize glare to the street and adjacent parcels. The type of fixture and color of lamping will be evaluated for their compatibility with existing streetlighting, the architecture and natural site characteristics.

The lighting for pedestrian walkways may include either cutoff or exposed sources, but the height and intensity of the light must be subdued. All lighting designs and installation are subject to Planning Board review and approval.

Signage.

All signs shall be required to satisfy all of the requirements as set forth in § 550-124. The Planning Board shall have the right to modify the requirements whenever such modifications are necessary to achieve a planned mixed-use research and development park.

An overall graphic signage plan must be developed to complement the overall site layout and individual development lots.

One identification sign shall be erected at each principal entrance from a public road to each planned development in an area approved by the Planning Board. The design, format and materials of the sign must be consistent with the site architecture in the development. No flashing, neon or moving elements shall be permitted. Such signs may indicate the street address, the development's name and logo.

Identification signage of a smaller scale shall be permitted on the exterior of a building at a location related to the principal entrance, carrying the occupant's logo or symbol, and such other locations as the Planning Board shall permit. It may be placed on the building surface or in a freestanding position, provided that the latter is clearly integrated with the architecture. It shall not project above any roof or canopy elevations.

Any directional, traffic or parking control signs on the site shall be reviewed and approved by the Planning Board, with the intent that these signs will be restricted to the minimum necessary, will be visually unobtrusive, and will be consistent in format, lettering and coloring.

As the need may arise during construction of a planned development, directory-type signs identifying groups of building locations may be established.

Advertising signs commonly known as "billboards," including those promoting the sale of goods or services not available on the premises, are prohibited.

Utilities. All utilities and related appurtenances on the site shall be underground or in the main building or structure.

Street furniture, plazas and community spaces.

The design of a building's related entrance areas, plazas or terraces may vary, based on the intentions and needs of individual building owners. At a minimum, however, building entrances shall be highlighted with plant materials and paved surfaces.

In time, the need for varied forms of street furniture beyond signage may arise. For example, introduction of a public or private transit system may necessitate bus shelters. As such needs become formalized, the developer must prepare a basic design vocabulary to cover such individualized needs consistent with the overall design program.

Every development shall include some or all of these community spaces: patio/seating areas, pedestrian plazas with benches, window shopping walkways, outdoor playground areas, kiosk areas, water feature, clock tower or other such deliberately shaped area and/or a focal feature or amenity that, in the judgment of the Planning Board, adequately enhances such community and public spaces. Any such areas shall have direct access to a sidewalk network, and such features shall not be constructed of materials that are inferior to the principal materials of the building and landscape.

Screening of loading and service areas. All loading docks and service areas must be sufficient to serve the business being conducted on the parcel without using adjacent streets. No loading and service areas shall be visible from any neighboring property or adjacent street. Provision must be made for handling all freight on those sides of the buildings which do not face a street. The recommended method of screening should consist of walls and gates compatible in color and texture with the building material, buffered by deciduous and evergreen shrubs and trees, so as not to be visible from neighboring properties and streets. Maximize the joint use of truck loading and maneuvering areas between on-site and adjacent off-site complementary uses. Delivery and loading operations shall not disturb adjoining neighborhoods or other uses.

Refuse collection and recycling.

Collection areas.

All outdoor containers shall be visually screened within a durable, noncombustible enclosure so as not to be visible from adjacent lots or sites, neighboring properties or streets. No collection areas shall be permitted between a street and the front of a building. Appropriate landscaping shall be installed to form a year-round effective visual screen at time of planting.

Collection areas shall be designed to contain all material generated on site and deposited between collections. Deposited material shall not be visible from outside the enclosure.

Collection enclosures shall be designed of durable materials with finishes and colors which are unified and harmonious with the overall architectural theme.

Collection areas shall be so located upon the lot as to provide clear and convenient access to collection vehicles and thereby minimize wear and tear on on-site and off-site developments. Refuse collection and recycling areas shall not be located within parking areas or required landscaped buffers.

Collection areas shall be designed and located upon the lot as to be convenient for the deposition of material generated on site.

An option to reduce the visual impact of the collection containers is to store and compact material inside the building at the service area, thus eliminating the need to screen containers.

Delivery, loading, trash removal or compaction, or other such operations may be limited by the Planning Board between certain hours where noise impacts at the lot line of any adjoining residential property or district or otherwise exceeds Township and state requirements.

Storage.

No open storage shall be permitted on any lot. No articles, merchandise, products, goods, materials, incinerator, storage tanks or like equipment shall be kept in the open or exposed to public view, and no accessory use should be constructed to permit open storage of materials or goods on a lot. These requirements are not meant to prohibit the outdoor sale of merchandise if designed appropriately in the form of a garden center.

Nonenclosed areas for the storage and sale of seasonal inventory shall be permanently defined and screened with walls and/or fences. Materials, colors and design of screening walls and/or fences shall conform to those used as predominant materials and colors on the building. If such areas are to be covered, then the covering shall conform to those used as predominant materials and colors on the building.

Fences and walls. Fences are not desirable and should be approved only for limited situations. Chain-link and/or periphery fencing shall not be permitted. Decorative fences or walls may be used to screen service and loading areas, private patios or courts. Fences may be used to enclose playgrounds, recreational areas, or to secure sensitive areas to uses, such as vehicle storage areas. Fences shall not be located where they impede pedestrian or bicycle circulation through or between site areas. If approved, all fences and walls shall be designed as integrated parts of the overall architectural and site design. All materials shall be durable and finished in textures and colors complementary to the overall architectural design.

Maintenance. All site improvements, including, but not limited to, streets, drives, parking lots, drainage areas, culverts, curbing, buildings and lighting must be maintained in good condition and repair by either the Township, owner or other designated entity.

Sidewalks and/or pathways.

Sidewalks and/or pathways shall be installed by the developer within perimeter landscape areas and along streets.

On-site pedestrian circulation systems shall be provided to meet the circulation needs of on-site users. Such systems shall provide safe, all-weather-efficient, and aesthetically pleasing means of on-site movement and shall be an integrated part of the overall architectural and site design concept. At a minimum, sidewalks and/or pathways shall connect focal points of pedestrian activity, such as but not limited to transit stops, street crossings, building and entry points, and shall feature adjoining landscaped areas that includes trees, shrubs, benches, flower beds, ground covers or other such materials.

Sidewalks shall be provided along the full length of the building along any facade featuring a customer entrance and along any facade abutting public parking areas. Such sidewalks shall be located from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the facade. Pedestrian sidewalks shall provide weather-protection features, such as awnings or arcades, when located close to customer entrances.

Where appropriate, connections shall be made between on-site and perimeter sidewalk and/or pathway circulation systems.

Pedestrian crosswalks shall be clearly delineated by a material different from the surrounding road surface through the use of durable, low-maintenance surface materials, such as pavers, bricks or scored concrete, to enhance pedestrian safety and comfort as well as the attractiveness of the sidewalk and/or pathway.

Electrical and mechanical equipment. All exterior electrical and mechanical equipment at ground level, such as transformers, shall be screened and located at the side or rear of the building and away from entrances. Recommended screening methods include walls compatible with the building material and a plant material buffer utilizing a layered installation of shrubs, flowering trees and ground cover.

Common open space. An adequate amount of open space, exclusive of detention and retention basins, shall be provided and developed for on-site conservation and recreation facilities to service the needs of all employees and their visitors. The applicant shall submit an open space plan, showing the proposed land area and general location of parks and any other land area to be set aside for conservation and recreational purposes and a general description of improvements to be made thereon, including a plan for the operation and maintenance of parks and recreational facilities.

Public safety.

The developer and/or owners' association shall employ private security services. A planned commercial development shall provide foot patrols and vehicle patrols during its hours of operation. The developer may also be required to dedicate building space and/or on-site facilities to the Township Police Department.

All buildings shall be fully sprinklered. Fire lanes and signage shall be provided as well as access to both the front and rear of buildings designed to meet the Township's fire code.

Subtitle 1 of Title 39 of the Revised Statutes (moving violations) shall apply so that enforcement of such motor vehicle laws will be available to the Township Police Department.

Historic preservation. Historic uses, buildings and sites shall be permanently protected, preserved and used as approved by the Planning Board.

§ 550-166 Mandatory affordable housing set-aside.

Editor’s Note: This section, formerly § 550-167, was renumbered 4-2-2019 by Ord. No. 96-042.

[Amended 8-18-1993 by Ord. No. 93-040; 9-21-2006 by Ord. No. 06-031; 8-16-2016 by Ord. No. 16-032; 6-20-2017 by Ord. No. 17-025; 7-18-2017 by Ord. No. 17-029; 4-2-2019 by Ord. No. 19-013[1]]

Mandatory set-aside of units.

All residential inclusionary developments in R-7, R-10, R-15, R-25, RRC and A/T Districts shall be required to set aside a mandatory 20% of the dwelling units for the construction of low- and moderate-income housing in accordance with the provisions of this section.

A mandatory affordable housing set-aside requirement of 20% shall be imposed on any multifamily development created through any Township or Land Use Board action involving a rezoning, use variance, density variance, redevelopment plan or rehabilitation plan permitting redevelopment, which density is at or above six dwelling units per acre and results in the construction of five or more units.

The developer shall provide that half of the low- and moderate-income units constructed be affordable by low-income households and that the remaining half be affordable by moderate-income households. At least 13% of all restricted rental units shall be very-low-income units (affordable to a household earning 30% or less of median income). The very-low -income units shall be counted as part of the required number of low-income units within the development.

Subdivision and site plan approval shall be denied by the board unless the developer complies with the requirements to provide low- and moderate-income housing pursuant to the provisions of this section. A property shall not be permitted to be subdivided so as to avoid meeting this requirement. The Board may impose any reasonable conditions to ensure such compliance.

The mandatory affordable housing set-aside requirement shall not give any developer the right to any such rezoning, variance, or other relief as set forth above or establish any obligation on the part of the Township to grant such rezoning, variance or other relief.

§ 550-167 Affordable housing development fees.

Editor’s Note: This ordinance also repealed former § 550-166, Affordable Housing Development Fees, added 8-3-1994 by Ord. No. 94-035, as amended, and redesignated former § 550-165 as § 550-166.

[Added 4-2-2019 by Ord. No. 19-013]

Purpose.

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.

Pursuant to P.L. 2008, c. 46, § 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 COAH or court of competent jurisdiction and have an approved spending plan may retain fees collected from nonresidential development.

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, §§ 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. 5:93-8.

Basic requirements.

This section shall not be effective until approved by the Superior Court of New Jersey pursuant to N.J.A.C. 5:93-8.2.[1]

Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.

AFFORDABLE HOUSING DEVELOPMENT

Hamilton Township shall not spend development fees until the Superior Court of New Jersey has approved a plan for spending such fees in conformance with N.J.A.C. 5:93-5.1(c).[2]

[2]

Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.

Definitions. The following terms, as used in this section, shall have the following meanings:

A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to an inclusionary development, a municipal construction project or a 100% affordable development.

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. 5:93-8.[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 §§ 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:35c).

[3]

Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.

Residential development fees.

Imposed fees.

Within all district(s), residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1.5% of the equalized assessed value for residential development provided no increased density is permitted.

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 may be required to pay a development fee of 6.0% 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.

Eligible exactions, ineligible exactions and exemptions for residential development.

Affordable housing developments, developments where the developer is proving for the construction of affordable units elsewhere in the municipality, and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.

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.

Nonresidential development fees.

Imposed fees.

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.

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.

Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the pre-existing land and 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.

Eligible exactions, ineligible exactions and exemptions for nonresidential development.

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.

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.

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.

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.

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 Hamilton Township as a lien against the real property of the owner.

Collection procedures.

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.

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.

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.

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.

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.

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.

Should Hamilton 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 § 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).

Fifty percent of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.

Appeal of development fees.

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 Hamilton 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.

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 Hamilton 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.

Affordable Housing Trust Fund.

There is hereby created a separate, interest-bearing Housing Trust Fund to be maintained by the chief financial officer for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.

The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:

Payments in lieu of on-site construction of affordable units:

Developer-contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible:

Rental income from municipally operated units;

Repayments from affordable housing program loans;

Recapture funds;

Proceeds from the sale of affordable units; and

Any other funds collected in connection with Hamilton Township's affordable housing program.

All interest accrued in the Housing Trust Fund shall only be used on eligible affordable housing activities as per a spending plan approved by the Superior Court of New Jersey.

Use of funds.

The expenditure of all funds shall conform to a spending plan approved by the Superior Court of New Jersey. Funds deposited in the Housing Trust Fund may be used for any activity approved by the court to address the Hamilton 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. 5:93-8.16[4] and specified in the approved spending plan.

[4]

Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.

Funds shall not be expended to reimburse Hamilton Township for past housing activities.

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.

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.

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.

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.

Hamilton 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. 5:93-8.16(d).[5]

[5]

Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.

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 or the court's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the COAH's regulations and/or action are not eligible uses of the affordable Housing Trust Fund.

Monitoring.

Hamilton Township shall complete and return to the Superior Court of New Jersey 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 Hamilton Township's housing program, as well as to the expenditure of revenues and implementation of the plan that has been approved by the court. All monitoring reports shall be completed on forms designed by COAH or the special master.

Ongoing collection of fees.

The ability for Hamilton Township to impose, collect and expend development fees shall expire with its substantive certification or judgment of compliance from the court unless Hamilton Township has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned for substantive certification, and has received COAH's or the court's approval of its development fee ordinance. If Hamilton Township fails to renew its ability to impose and collect development fees prior to the expiration of the judgment of compliance, 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 § 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320). Hamilton Township shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its judgment of compliance, nor shall Hamilton Township retroactively impose a development fee on such a development. Hamilton Township shall not expend development fees after the expiration of its judgment of compliance.

§ 550-168 Affordable housing.

[Added 1-19-2005 by Ord. No. 05-001; amended 4-2-2019 by Ord. No. 19-013]

Affordable housing obligation.

This section of the Township Code sets forth regulations regarding the low- and moderate-income housing units in the Township consistent with the provisions known as the "Substantive Rules of the New Jersey Council on Affordable Housing, N.J.A.C. 5:93 et seq.,[1] the Uniform Housing Affordability Controls ("UHAC"), N.J.A.C. 5:80-26.1 et seq., and the Township's constitutional obligation to provide the opportunity for provision of its fair share of affordable housing for low- and moderate-income households. In addition, this section applies requirements for very-low-income housing as established in P.L. 2008, c.46 (the "Roberts Bill").

Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.

This section is intended to assure that very-low, low- and moderate-income units ("affordable units") are created with controls on affordability over time and that very-low, low- and moderate-income households shall occupy these units. This section shall apply except where inconsistent with applicable law.

The Hamilton Township 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 Plan has also been endorsed by the Township Council of the Township of Hamilton. The Fair Share Plan describes the ways the Township shall address its fair share for low- and moderate-income housing as determined by the Superior Court and documented in the Housing Element.

This section implements and incorporates the Fair Share Plan and addresses the requirements of N.J.A.C. 5:93,[2] as may be amended and supplemented.

[2]

Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.

On the first anniversary of the execution of the Township's settlement agreement with Fair Share Housing Center and every anniversary thereafter through the end of the term of this agreement, the Township agrees to provide annual reporting of the status of all affordable housing activity within the municipality through posting on the municipal website with a copy of such posting provided to Fair Share Housing Center, using forms previously developed for this purpose by the Council on Affordable Housing or any other forms endorsed by the Special Master and FSHC.

For the midpoint realistic opportunity review due on July 1, 2020, as required pursuant to N.J.S.A. 52:27D-313, the Township will post on its municipal website, with a copy provided to Fair Share Housing Center, a status report as to its implementation of its Plan and an analysis of whether any unbuilt sites or unfulfilled mechanisms continue to present a realistic opportunity and whether any mechanisms to meet unmet need should be revised or supplemented. Such posting shall invite any interested party to submit comments to the municipality, with a copy to Fair Share Housing Center, regarding whether any sites no longer present a realistic opportunity and should be replaced and whether any mechanisms to meet unmet need should be revised or supplemented. Any interested party may by motion request a hearing before the court regarding these issues.

AFFORDABLE HOUSING DEVELOPMENT

For the review of very-low-income housing requirements required by N.J.S.A. 52:270-329.1, within 30 days of the third anniversary of the Township's settlement agreement with Fair Share Housing Center, and every third year thereafter, the Township will post on its municipal website, with a copy provided to Fair Share Housing Center, a status report as to its satisfaction of its very-low-income requirements, including the family very-low-income requirements referenced herein. Such posting shall invite any interested party to submit comments to the municipality and Fair Share Housing Center on the issue of whether the municipality has complied with its very-low-income housing obligation under the terms of this settlement.

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. 5:91,[3] N.J.A.C. 5:93[4] and N.J.A.C. 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. 5:93-7.4;[5] 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.

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.

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. 5:93,[6] 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 U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.

AGENCY

The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).

ALTERNATIVE LIVING ARRANGEMENT

A structure in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central heat and common areas. "Alternative living arrangement" includes, but is not limited to; transitional facilities for the homeless, Class A, B, C, D, and E boarding homes as regulated by the New Jersey Department of Community Affairs; residential health care facilities as regulated by the New Jersey Department of Health; group homes for the developmentally disabled and mentally ill as licensed and/or regulated by the New Jersey Department of Human Services; and congregate living arrangements.

ASSISTED LIVING RESIDENCE

A facility 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.

COAH

The Council on Affordable Housing, which is in, but not of, 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.).

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.

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.

FAIR SHARE PLAN

The plan that describes the mechanisms, strategies and the funding sources, if any, by which the Township proposes to address its affordable housing obligation as established in the Housing Element, including the draft ordinances necessary to implement that plan, and addresses the requirements of N.J.A.C. 5:93-5.[7]

HOUSING ELEMENT

The portion of the Township's Master Plan, required by the Municipal Land Use Law ("MLUL"). N.J.S.A. 40:55D-28b(3) and the Act, that includes the information required by N.J.A.C. 5:93-5.1[8] and establishes the Township's fair share obligation.

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 regional 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 COAH or approved by the NJ Superior Court.

MODERATE-INCOME HOUSEHOLD

A household with a total gross annual household income in excess of 50% but less than 80% of the regional median household income.

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 adopted/approved regional income limits.

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.

SPECIAL MASTER

An expert appointed by a judge to make sure that judicial orders are followed. A master's function is essentially investigative, compiling evidence or documents to inform some future action by the court.

UHAC

The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.

VERY-LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 30% or less of the regional median household income.

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.

[3]

Editor's Note: Chapter 91 of Title 5 of the New Jersey Administrative Code is reserved.

[4]

Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.

[5]

Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.

[6]

Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.

[7]

Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.

[8]

Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.

New construction. The following requirements shall apply to all new or planned developments that contain low- and moderate-income housing units.

Phasing. Final site plan or subdivision approval shall be contingent upon the affordable housing development meeting the following phasing schedule for low- and moderate-income units whether developed in a single phase development or in a multiphase development:

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

Design. In inclusionary developments, to the extent possible, low- and moderate-income units shall be integrated with the market units.

Payments-in-lieu and off-site construction. The standards for the collection of payments-in-lieu of constructing affordable units or standards for constructing affordable units off-site, shall be in accordance with N.J.A.C. 5:93-8.10(c).[9]

[9]

Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.

Utilities. Affordable units shall utilize the same type of HVAC system as market units within the affordable development.

Low/moderate split and bedroom distribution of affordable housing units.

At least 50% of the affordable units shall be low-income units. If the fair share obligation is divided equally, it 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.

In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be low-income units.

Within rental developments, of the total number of affordable rental units, at least 13% shall be affordable to very-low-income households.

Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:

The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;

At least 30% of all low- and moderate-income units shall be two-bedroom units;

At least 20% of all low- and moderate-income units shall be three-bedroom units; and

The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.

In accordance with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.3(c), for low- and moderate-income age-restricted units, at a minimum, the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the affordable development. This standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit. The Township shall not be permitted to claim credit to satisfy its obligations for age-restricted units that exceed 25% of all units developed.

Accessibility requirements.

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.

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:

An adaptable toilet and bathing facility on the first floor;

An adaptable kitchen on the first floor;

An interior accessible route of travel on the first floor;

An interior accessible route of travel shall not be required between stories within an individual unit;

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

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, or evidence that the Township has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible;

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.

To this end, the builder of restricted units shall deposit funds within the Township of Hamilton's affordable housing trust fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.

The funds deposited under Subsection C(6)(b)6.b. herein shall be used by the Township 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.

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 Hamilton.

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 that the cost estimate of such conversion is reasonable, payment shall be made to the Township of Hamilton'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.

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.

Maximum rents and sales prices.

In establishing rents and sales prices of affordable housing units, the administrative agent shall follow the procedures set forth in UHAC, utilizing the most recently published regional weighted average of the uncapped Section 8 income limits published by HUD and the calculation procedures set forth by the Superior Court.

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.

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.

At least 13% of all low- and moderate-income rental units shall be affordable to households earning no more than 30% of median income.

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.

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 met:

A studio or efficiency unit shall be affordable to a one-person household;

A one-bedroom unit shall be affordable to a one-and-one-half-person household;

A two-bedroom unit shall be affordable to a three-person household;

A three-bedroom unit shall be affordable to a four-and-one-half-person household; and

A four-bedroom unit shall be affordable to a six-person household.

In determining the initial rents for compliance with the affordability average requirements for restricted units in assisted living facilities, the following standards shall be met:

A studio or efficiency unit shall be affordable to a one-person household;

A one-bedroom unit shall be affordable to a one-and-one-half-person household; and

A two-bedroom unit shall be affordable to a two-person household or to two one-person households.

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.

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.

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.

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.

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.

Condominium and homeowners' association fees. For any affordable housing unit that is part of a condominium association and/or homeowners' association, the master deed shall reflect that the association fee assessed for each affordable housing unit shall be established at 100% of the market rate fee.

Occupancy standards.

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:

Provide an occupant for each bedroom;

Provide children of different sex with separate bedrooms; and

Prevent more than two persons from occupying a single bedroom.

Additional provisions related to occupancy standards (if any) shall be provided in the municipal Operating Manual.

Selection of occupants of affordable housing units.

The administrative agent shall use a random selection process to select occupants of low- and moderate-income housing.

A waiting list of all eligible candidates will be maintained in accordance with the provisions of N.J.A.C. 5:80-26 et seq.

Control periods for restricted ownership units and enforcement mechanisms.

Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5, and each restricted ownership unit shall remain subject to the controls on affordability for a period of at least 30 years and thereafter until terminated by Hamilton Township.

Rehabilitated owner-occupied single family housing units that are improved to code standards shall be subject to affordability controls for a period of 10 years.

The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.

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.

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.

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:

The initial purchase price for a restricted ownership unit shall be approved by the administrative agent.

The administrative agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.

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.

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.

Buyer income eligibility.

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.

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.

Limitations on indebtedness secured by ownership unit; subordination.

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.

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).

Control periods for restricted rental units.

Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, and each restricted rental unit shall remain subject to the controls on affordability for a period of at least 30 years and thereafter until terminated by Hamilton Township.

Rehabilitated renter-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of 10 years.

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 Mercer. A copy of the filed document shall be provided to the administrative agent within 30 days of the receipt of a certificate of occupancy.

A restricted rental unit shall remain subject to the affordability controls of this section, despite the occurrence of any of the following events:

Sublease or assignment of the lease of the unit;

Sale or other voluntary transfer of the ownership of the unit; or

The entry and enforcement of any judgment of foreclosure.

Price restrictions for rental units; leases.

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.

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.

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.

Tenant income eligibility.

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:

Very-low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of median income.

Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of median income.

Moderate-income rental units shall be reserved for households with a gross household income less than 80% of median income.

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:

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:

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;

The household is currently in substandard or overcrowded living conditions;

The household documents the existence of assets with which the household proposes to supplement the rent payments; or

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.

The applicant shall file documentation sufficient to establish the existence of the circumstances in Subsection L(2)(a) through (e) above with the administrative agent, who shall counsel the household on budgeting.

Conversions. Each housing unit created through the conversion of a nonresidential structure shall be considered a new housing unit and shall be subject to the affordability controls for a new housing unit.

Municipal Housing Liaison.

The position of Municipal Housing Liaison for the Township of Hamilton is hereby established. The Municipal Housing Liaison shall be appointed by duly adopted resolution of the Township Council and be subject to the approval by the Superior Court.

The Municipal Housing Liaison must be either a full-time or part-time employee of the Township of Hamilton.

The Municipal Housing Liaison must meet the requirements for qualifications, including initial and periodic training found in N.J.A.C. 5:93[10]

[10]

Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.

The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Township of Hamilton, including the following responsibilities which may not be contracted out to the administrative agent.

Serving as the municipality's primary point of contact for all inquiries from the State, affordable housing providers, administrative agents and interested households;

When applicable, supervising any contracting administrative agent.

Monitoring the status of all restricted units in the Township of Hamilton's Fair Share Plan:

Compiling, verifying and submitting annual reports as required by the Superior Court;

Coordinating meetings with affordable housing providers and administrative agents, as applicable; and

Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing as offered or approved by the Superior Court.

Administrative agent.

The Township shall designate by resolution of the Township Council, one or more administrative agents to administer newly constructed affordable units in accordance with N.J.A.C. 5:93[11] and UHAC with one administrative agent responsible for all inclusionary developments.

[11]

Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.

An Operating Manual shall be provided by the administrative agent(s) to be adopted by resolution of the governing body. The Operating Manuals shall be available for public inspection in the Office of the Municipal Clerk and in the office(s) of the administrative agent(s).

The administrative agent shall perform the duties and responsibilities of an administrative agent as are set forth in UHAC and which are described in full detail in the Operating Manual, including those set forth in N.J.A.C. 5:80-26.14, 16 and 18 thereof, which includes:

Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Superior Court;

Affirmative marketing;

Household certification;

Affordability controls;

Records retention;

Resale and re-rental;

Processing requests from unit owners; and

Enforcement, although the ultimate responsibility for retaining controls on the units rests with the municipality.

The administrative agent shall, as delegated by the Township Council, have the authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.

Enforcement of affordable housing regulations.

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.

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:

The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations governing the affordable housing unit. If the owner, developer or tenant is found by the court to have violated any provision of the regulations governing affordable housing units the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the court;

A fine of not more than $500 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;

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 Hamilton Affordable Housing Trust Fund of the gross amount of rent illegally collected;

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.

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.

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.

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 Hamilton Township's Affordable Housing Trust Fund. 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.

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.

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.

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.

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.

Appeals. Appeals from all decisions of an administrative agent designated pursuant to this section shall be filed in writing with the Township.

§ 550-169 Affirmative marketing plan.

[Added 1-19-2005 by Ord. No. 05-001]

Purpose. The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age or number of children, to housing units which are being marketed by a developer/sponsor, municipality and/or designated administrative agency of affordable housing. The Township's plan will address the requirements of N.J.A.C. 5:93-11.1 et seq. In addition, the plan prohibits discrimination in the sale, rental, financing or other services related to housing on the basis of race, color, sex, religion, disability, age, familial status/size, sexual orientation or national origin.

Affirmative marketing plan. The Township of Hamilton is in the housing region consisting of Mercer, Monmouth and Ocean Counties. The affirmative marketing program is a continuing program and will meet the following requirements:

Advertising and posting information.

All newspaper articles, announcements and requests for applications for low- and moderate-income units will appear in the following daily and/or weekly regional newspapers/publications:

Trenton Times.

Trentonian.

The primary marketing will take the form of at least one press release sent to the above publications and a paid display advertisement in each of the above newspapers. Additional advertising and publicity will be on an "as needed" basis.

The advertisement will include a description of the:

Street address of units;

Direction to housing units;

Number of bedrooms per unit;

Range of prices/rents;

Size of units;

Income information; and

Location of applications, including business hours and where/how applications may be obtained.

All newspaper articles, announcements and requests for applications for low- and moderate-income housing will appear in the following neighborhood-oriented weekly newspapers. In addition local religious publications and organizational newsletters within the region will also be requested to assist in the effort.

Township website (www.hamiltonnj.com).

Packet Publications.

The following is the location of where applications, brochure(s), sign(s) and/or poster(s) used as part of the affirmative marketing program, including specific employment centers within the region, will be displayed:

Hamilton Municipal Building.

Hamilton Public Library.

Developer's sales office.

Major employers in the region.

Workforce Investment Board offices.

The following is a listing of community organizations in Mercer, Monmouth and Ocean Counties as well as statewide housing advocacy organizations that will aid in the affirmative marketing program, with particular emphasis on contacts that will reach out to groups that are least likely to apply for housing within the region, and to which the Township will provide notice of all available affordable housing units:

[Amended 4-2-2019 by Ord. No. 19-013]

Catholic Charities (Lakewood, Ocean Counties).

YWCA (Trenton, Mercer County).

Long Branch Housing Authority (Long Branch, Monmouth County).

Crisis Ministry of Princeton and Trenton (Trenton, Mercer County).

Hispanic Affairs and Resource Center of Monmouth County (Freehold, Monmouth County).

Love, Inc. (Red Bank, Monmouth County).

Rainbow Foundation (New Monmouth, Monmouth County).

American Red Cross (Toms River, Ocean County).

Fair Share Housing Center (state).

10.

NAACP New Jersey Conference (Trenton, state).

11.

Latino Action Network (Freehold, state).

12.

The Supportive Housing Association of New Jersey (state).

13.

The Trenton Branch of the NAACP (Trenton, Mercer County).

Quarterly flyers and applications will be sent to each of the following agencies for publication in their journals and for circulation among their members:

Boards of realtors in Mercer, Monmouth and Ocean Counties;

Mailing applications. Applications will be mailed to prospective applicants upon request. Additionally, while openings or waiting lists are being developed, and potential applicants solicited, quarterly informational circulars and applications will be sent to the chief administrative employees of each of the following agencies in the counties of Mercer, Monmouth and Ocean:

Welfare or social services board;

Rental Assistance Office (local office of DCA);

Office on Aging;

Housing agency or authority;

Library;

Area community action agencies, such as the Hightstown, Ewing, Lawrence and Hamilton community action programs.

Selection process.

The Township, through an agent to be appointed ("the Township's housing agent"), shall be responsible for implementing and conducting the selection process that will be used to select occupants of the low- and moderate-income housing. Following is a description of the random selection method that will be used to select occupants of low- and moderate-income housing.

The Township is ultimately responsible for administering the affirmative marketing program. The Township's housing agent, in administering the affirmative marketing program, shall have the responsibility to:

Income qualify low- and moderate-income households;

Place income-eligible households in low- and moderate-income units upon initial occupancy;

Provide for the initial occupancy of low- and moderate-income units with income-qualified households;

Continue to qualify households for reoccupancy of units as they become vacant during the period of affordability controls;

Assist with advertising and outreach to low- and moderate-income households; and

Enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1 et seq.

The Township's housing agent will also coordinate and provide linkage to low- and moderate-income applicants to receive counseling on subjects such as budgeting, credit issues, mortgage qualification, responsibilities of homeownership, rental lease requirements, and landlord/tenant law. The Township's housing agent will develop the waiting list and select applicants for the qualification process on a first-come first-served basis. The Superintendent of Planning within the Township is the designated housing officer to act as liaison to the responsible developer(s) and the Township's housing agent.

Households who live or work in the COAH-established housing region may be given preference for sales and rental units constructed within that housing region. Applicants living outside the housing region will have an equal opportunity for units after regional applicants have been initially serviced. The Township of Hamilton intends to comply with N.J.A.C. 5:93-11.7.

All developers of low- and moderate-income housing units will be required to assist the Township's housing agent in the marketing of the affordable units in their respective developments.

Commencement of marketing plan. The marketing program will commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program will continue until all low- and moderate-income housing units are initially occupied and for as long as affordable units are deed-restricted and occupancy or reoccupancy of units continues to be necessary.

Reporting requirements. The responsible developer(s) will assist the Township's housing agent in complying with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 5:93-12.1.[1]