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.

AFFORDABLE HOUSING DEVELOPMENT

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.

§ 550-167 Affordable housing fees.

[Added 4-2-2019 by Ord. No. 19-013; amended 3-10-2026 by Ord. No. 26-009]

Purpose. This article establishes standards for the collection, maintenance, and expenditure of development fees that are consistent with the New Jersey Fair Housing Act of 1985 as amended by P.L. 2024, c.2 (N.J.S.A. 52:27D-301 et seq.), the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), and N.J.A.C. 5:99, et seq. Fees collected pursuant to this section shall be used for the sole purpose of providing very low, low- and moderate-income housing in accordance with a Spending Plan approved through the Program, the Division of Local Planning Services within the Department of Community Affairs, or a court of competent jurisdiction.

Basic requirements. This article shall not be effective until approved by the court. The Township of Hamilton shall not spend development fees until the Division, Program, or court of competent jurisdiction has approved the Spending Plan for spending such fees.

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

ADMINISTRATIVE AGENT

The entity approved by the Division responsible for the administration of affordable units, in accordance with N.J.A.C. 5:99-7, and UHAC at N.J.A.C. 5:80-26.15.

AFFORDABILITY ASSISTANCE

The use of funds to render housing units more affordable to low- and moderate-income households and includes, but is not limited to, down payment assistance, security deposit assistance, low interest loans, rental assistance, assistance with homeowner's association or condominium fees and special assessments, common maintenance expenses, and assistance with emergency repairs and rehabilitation to bring deed restricted units up to code, pursuant to N.J.A.C. 5:99-2.5.

AFFORDABLE

A sales price or rent within the economic means of a low- or moderate-income household, as defined in the UHAC as, in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth at N.J.A.C. 5:80-26.7 and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth at N.J.A.C. 5:80-26.13.

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 housing development.

AFFORDABLE HOUSING DISPUTE RESOLUTION PROGRAM OR THE PROGRAM

The dispute resolution program established pursuant to N.J.S.A. 52:27D-313.2.

AFFORDABLE HOUSING MONITORING SYSTEM OR AHMS

The Department's cloud-based software application, which shall be the central repository for municipalities to use for reporting detailed information regarding affordable housing developments, affordable housing unit completions, and the collection and expenditures of funds deposited into the municipal affordable housing trust fund.

AFFORDABLE UNIT

A housing unit proposed or developed pursuant to the Act, including units created with municipal affordable housing trust funds.

BARRIER-FREE ESCROW

The holding of funds collected to adapt affordable unit entrances to be accessible in accordance with N.J.S.A. 52:27D-311a et seq. Such funds shall be held in a municipal affordable housing trust fund pursuant to N.J.A.C. 5:99-2.6.

COAH OR THE COUNCIL

The New Jersey Council on Affordable Housing established under the Fair Housing Act. This was eliminated by P.L. 2024, c2.

COMPLIANCE CERTIFICATION

The certification issued to the Township by the Program pursuant to section 3 at P.L. 2024, c. 2, that provides the Township immunity from exclusionary zoning litigation during the current round of present and prospective need and through July 1 of the year the next round of affordable housing obligations begins, which is also known as a "judgment of compliance" resulting in an "order for repose." "Compliance certification" shall include a judgment of repose granted in an action filed pursuant to section 13 at P.L. 1985, c. 222 (N.J.S.A. 52:27D-313).

CONSTRUCTION

New construction and additions, but does not include alterations, reconstruction, renovations, conversion, relocation, or repairs, as those terms are defined in the State Uniform Construction Code promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).

DCA OR DEPARTMENT

The State of New Jersey Department of Community Affairs.

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

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or of any mining, excavation, or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission five may be required pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

DEVELOPMENT FEE

The money paid by a developer for the improvement of residential and non-residential property as permitted pursuant to N.J.S.A. 52:27D-329.2 and 40:55D-8.1 through 40:55D-8.7 and N.J.A.C. 5:99-3.

DIVISION

The Division of Local Planning Services within the Department of Community Affairs.

EQUALIZED ASSESSED VALUE OR EAV

The assessed value of a property divided by the current average ratio of assessed to true value for the Township in which the property is situated, as determined in accordance with sections 1, 5, and 6 at P.L. 1973, c. 123 (N.J.S.A. 54:1-35a, 54:1-35b, and 54:1-35c). Estimates at the time of building permit may be obtained by the tax assessor using construction cost estimates. Final EAV shall be determined at project completion by the Township Assessor.

EXTENSION OF EXPIRING CONTROLS

The extension of the deed restriction period on units where the controls will expire in the current round of a housing obligation, so that the total years of a deed restriction is at least 60 years.

FAIR SHARE OBLIGATION

The total of the present need and prospective need as determined by the Affordable Housing Dispute Resolution Program, or a court of competent jurisdiction.

FAIR SHARE PLAN

The plan or proposal, which may readily be adopted with accompanying ordinances and resolutions, pursuant to subsection f. of section 3 at P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1) by which the Township proposes to satisfy its obligation to create a realistic opportunity to meet its fair share of low- and moderate-income housing needs of its region and which details the affirmative measures the Township proposes to undertake to achieve its fair share of low- and moderate-income housing, as provided in the municipal housing element, and addresses the development regulations necessary to implement the housing element, including, but not limited to, inclusionary requirements and development fees, and the elimination of unnecessary housing cost-generating features from the municipal land use ordinances and regulations.

FIRM AND BINDING OBLIGATION

A demonstration by a municipality, evidenced by documentation substantiating a legally enforceable agreement entered into by the municipality with a third party, sufficient proof of building or other permits, efforts concerning land acquisition or project development, or other documentation that demonstrates a commitment to spend trust fund monies in a manner consistent with the Act, the municipality's fair share plan, the Act, an approved spending plan, and all applicable regulations.

HOUSING ELEMENT

The portion of the Township's master plan adopted in accordance with the Municipal Land Use Law (MLUL) at N.J.S.A. 40:55D-28.b(3) and the Act consisting of reports, statements, proposals, maps, diagrams, and text designed to meet the Township's fair share of its region's present and prospective housing needs, particularly with regard to low- and moderate-income housing, which shall include the municipal present and prospective obligation for affordable housing, determined pursuant to subsection f. at N.J.S.A. 52:27D-304.1.

HOUSING PROJECT

A project, or distinct portion of a project, which is designed and intended to provide decent, safe, and sanitary dwellings, apartments, or other living accommodations for persons of low- and moderate-income; such work or undertaking may include buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, educational, welfare, or other purposes. The term "housing project" may also be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration, and repair of the improvements, and all other work in connection therewith.

HOUSING REGION

A geographic area established pursuant to N.J.S.A. 52:27D-304.2 for each round of low- and moderate-income housing obligations pursuant to the Act.

INCLUSIONARY DEVELOPMENT

A residential housing development in which a substantial percentage of the housing units are provided for a reasonable income range of low- and moderate-income households.

JUDGMENT OF COMPLIANCE OR JUDGMENT FOR REPOSE

A determination issued by the Superior Court approving the Township's fair share plan to satisfy its affordable housing obligation for a particular ten-year round.

LOW-INCOME HOUSEHOLD

A household with a household income equal to 50% or less of the regional median income.

LOW-INCOME HOUSING

Housing which is affordable according to the Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the housing is located.

MIXED USE DEVELOPMENT

Any development that includes both a non-residential development component and a residential development component, and shall include developments for which: (1) there is a common developer for both the residential development component and the non-residential development component, provided that for purposes of this definition, multiple persons and entities may be considered a common developer if there is a contractual relationship among them obligating each entity to develop at least a portion of the residential or non-residential development, or both, or otherwise to contribute resources to the development; and (2) the residential and non-residential developments are located on the same lot or adjoining lots, including, but not limited to, lots separated by a street, a river, or another geographical feature.

MODERATE-INCOME HOUSEHOLD

A household with a household income in excess of 50% but less than or equal to 80% of the regional median income.

MODERATE-INCOME HOUSING

Housing which is affordable according to the Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to more than 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the housing is located.

MUNICIPAL AFFORDABLE HOUSING TRUST FUND OR MUNICIPAL DEVELOPMENT TRUST FUND OR MUNICIPAL DEVELOPMENT FEE TRUST FUND

A separate, interest-bearing account held by the Township for the deposit of development fees, payments in lieu of constructing affordable units on sites zoned for affordable housing, barrier-free escrow funds, recapture funds, proceeds from the sale of affordable units, rental income, repayments from affordable housing program loans, enforcement fines, unexpended RCA funds remaining from a completed RCA project, application fees, and any other funds collected by the Township in connection with its affordable housing programs, which shall be used to address municipal low- and moderate-income housing obligations within the time frames established by the Legislature and this chapter.

MUNICIPAL DEVELOPMENT FEE ORDINANCE

An ordinance adopted by the governing body of the Township that authorizes the collection of development fees.

MUNICIPAL HOUSING LIAISON OR MHL

An appointed municipal employee who is responsible for oversight and/or administration of the affordable housing units created within the Township and oversight of the authorization of individuals being provided access to the AHMS.

NEW CONSTRUCTION

The creation of a new housing unit under regulation by a code enforcement official regardless of the means by which the unit is created. Newly constructed units are evidenced by the issuance of a certificate of occupancy and may include new residences created through additions and alterations, adaptive reuse, subdivision, or conversion of existing space, and moving a structure from one location to another.

NON-RESIDENTIAL DEVELOPMENT

Hotels, motels, vacation timeshares, and child-care facilities; and

NON-RESIDENTIAL DEVELOPMENT FEE

The entirety of all continuing care facilities within a continuing care retirement community which is subject to the Continuing Care Retirement Community Regulation and Financial Disclosure Act, N.J.S.A. 52:27D-330 et seq.

The fee authorized to be imposed pursuant to N.J.S.A. 40:55D-8.1 through 40:55D-8.7.

ORDER FOR REPOSE

The protection the Township has from a builder's remedy lawsuit for a period of time from the entry of a judgment of compliance by the Superior Court. A judgment of compliance often results in an order for repose.

PAYMENT IN LIEU OF CONSTRUCTING AFFORDABLE UNITS

The payment of funds to the Township by a developer when affordable units are not produced on a site zoned for an inclusionary development.

RECONSTRUCTION

Any project where the extent and nature of the work is such that the work area cannot be occupied while the work is in progress and where a new certificate of occupancy is required before the work area can be reoccupied, pursuant to the Rehabilitation Subcode of the Uniform Construction Code, N.J.A.C. 5:23-6. Reconstruction shall not include projects comprised only of floor finish replacement, painting or wallpapering, or the replacement of equipment or furnishings. Asbestos hazard abatement and lead hazard abatement projects shall not be classified as reconstruction solely because occupancy of the work area is not permitted.

REGIONAL CONTRIBUTION AGREEMENT OR RCA

A contractual agreement, pursuant to the Act, into which two municipalities voluntarily entered into prior to July 18, 2008, to transfer a portion of the Township's affordable housing obligation to another municipality within its housing region.

REHABILITATION

The repair, renovation, alteration, or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.

RESIDENTIAL DEVELOPMENT FEES

Money paid by a developer for the improvement of residential property as permitted pursuant to N.J.S.A. 52:27D-329.2 and N.J.A.C. 5:99-3.2.

SPENDING PLAN

A method of allocating funds contained in an affordable housing trust fund account, which includes, but is not limited to, development fees collected and to be collected pursuant to an approved municipal development fee ordinance, or pursuant to N.J.S.A. 52:27D-329.1 et seq., for the purpose of meeting the housing needs of low- and moderate-income individuals.

UHAC

Uniform Housing Affordability Controls set forth at N.J.A.C. 5:80-26.

VERY-LOW-INCOME HOUSEHOLD

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

VERY-LOW-INCOME HOUSING

Housing which is affordable according to the Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to 30% or less of the median gross household income for households of the same size within the housing region in which the housing is located.

Development fees.

Residential development fees.

Imposed fees. Within all zone districts, all residential developers, except for developers of the types of developments specifically exempted below and developers of developments that include affordable housing, shall pay a fee of 1.5% of the equalized assessed value for all new residential development provided no increased density is permitted. Development fees shall also be imposed and collected when an additional dwelling unit is added to an existing residential structure; in such cases, the fee shall be calculated based on the increase in the equalized assessed value of the property due to the additional dwelling unit. When an increase in residential density has been permitted pursuant to a "d" variance granted under N.J.S.A. 40:55D-70d(5), developers shall be required to pay an increased development fee of a maximum of 6% of the equalized assessed value for each additional unit that may be realized, except that this provision shall not be applicable to a development that will include affordable housing. If 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 and/or developments where the developer is providing 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, if permitted by ordinance or by agreement with the Township of Hamilton, shall be exempt from the payment of development fees.

Developments that have received preliminary or final site plan approval prior to the adoption of this article and any preceding ordinance permitting the collection of development fees shall be exempt from the payment of development fees, unless the developer seeks a substantial change in the original approval, necessitating an amended preliminary or a new preliminary approval pursuant to N.J.S.A. 40:55D-46.b and 40:55-48.b. 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 the purpose of determining the right to an exemption. In all cases, the applicable fee percentage shall be determined based upon the Development Fee Ordinance in effect on the date that the construction permit is issued, regardless of the time of collection of the fee.

Any repair, reconstruction or improvement of a structure, the cost of which is less than 50% of the market value of the structure before the improvement or repair is started shall be exempt from the payment of development fees. For purposes of these sections "market value" shall mean the equalized assessed value of the existing improvement as established by the Township Tax Assessor. The cost of the repair, reconstruction or improvements shall be determined by an itemized construction cost estimate prepared and submitted to the Construction Official. The estimate shall be signed and sealed by an architect or professional engineer licensed by the State of New Jersey, or where no such professionals are retained, signed by the contractor or the homeowner. Where prepared by the homeowner or contractor, the Township Engineer may review such estimates for accuracy. "Substantial improvement" is considered to commence when the first alteration of any wall, flow or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not, however, include either:

Any project for improvement of a structure to comply with existing state or local building, fire, health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places but a development fee shall be charged for any new dwelling constructed as a replacement for a previously existing dwelling on the same lot that was or will be demolished, unless the owner resided in the previous dwelling for a period of one year or more prior to obtaining a demolition permit. Where a development fee is charged for a replacement dwelling, the development fee shall be calculated on the increase in the equalized assessed value of the new structure as compared to the previous structure.

Structural alterations that do not increase gross floor area of a building or structure or increase the equalized assessed value of a property shall be exempted from paying a development fee.

Nonprofit organizations constructing residential projects which have received tax-exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code, providing current evidence of that status is submitted to the Municipal Clerk, together with a certification that services of the organization are provided at reduced rates to those who establish an inability to pay existing charges, shall be exempted from paying a development fee.

Federal, state, county and local governments shall be exempted from paying a development fee.

Residential structures demolished and replaced as a result of a fire, flood, or any natural disaster or catastrophe shall be exempt from paying any residential development fee, even if the new structure has an increased EAV as compared to the previous structure.

Non-residential development fees.

Imposed fees.

Within all zoning districts, non-residential developers, except for developers of the types of developments specifically exempted below, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new non-residential construction on an unimproved lot or lots, or such other amount pursuant to the Statewide Non-Residential Development Fee Act, N.J.S.A. 40:55D-8.1 through 40:55D-8.7. Nonresidential developers, except for developers of the types of development specifically exempted below, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.

Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the preexisting land and improvement and the equalized assessed value of the newly improved structure, i.e., land and improvements, and such calculations shall be made at the time the 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.

A developer of a mixed-use development shall be required to pay the non-residential development fee of 2.5% relating to the non-residential development component of a mixed-use development subject to the provisions at N.J.S.A. 52:27D-329.1 et seq., unless otherwise exempted below.

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 non-residential development exempted from the non-residential development fee pursuant to the Statewide Non-Residential Development Fee Act shall be subject to the fee at such time as the basis for the exemption no longer applies, and shall make the payment of the non-residential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy for the non-residential 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 the Township of Hamilton as a lien against the real property of the owner.

A fee equal to 2.5% of the increase in EAV, of the additions or alterations to existing structures to be used for non-residential purposes, or such other amount pursuant to the Non-Residential Development Fee Act, N.J.S.A. 40:55D-8.1 through 40:55D-8.7. All non-residential construction of buildings or structures on property used by churches, synagogues, mosques, and other houses of worship, and property used for educational purposes, that are tax-exempt pursuant to N.J.S.A. 54:4-3.6, shall be exempt from the imposition of a non-residential development fee pursuant to this section, provided that the property continues to maintain its tax exempt status pursuant to that statute for a period of at least three years from the date of issuance of the certificate of occupancy. In addition, the following shall be exempt from the imposition of a non-residential development fee pursuant to the Statewide Non-Residential Development Fee Act, N.J.S.A. 40:55D-8.1 through 40:55D-8.7:

Parking lots and parking structures, regardless of whether the parking lot or parking structure is constructed in conjunction with a non-residential development, or whether the parking lot is developed as an independent non-residential development.

Any non-residential development that is an amenity to be made available to the public, including, but not limited to, recreational facilities, community centers, and senior centers that are developed in conjunction with, or funded by, a non-residential developer.

Non-residential construction resulting from a relocation of, or an on-site improvement to, a nonprofit hospital or a nursing home facility.

Projects that are located within a specifically delineated urban transit hub, as defined pursuant to N.J.S.A. 34:1B-208.

Projects that are located within an eligible municipality, as defined pursuant to N.J.S.A. 34:1B-208, the Urban Transit Hub Tax Credit Act, when a majority of the project is located within a one-half mile radius of the midpoint of a platform area for a light rail system.

Projects determined by the New Jersey Transit Corporation to be consistent with a transit village plan developed by a transit village designated by the New Jersey Department of Transportation.

Non-residential construction connected with the relocation of the facilities of a for-profit hospital shall be subject to the fee authorized to be imposed pursuant to this section to the extent of the increase in equalized assessed valuation.

Collection of fees.

Collection procedures.

Upon the granting of a preliminary, final or other applicable approval for a development, the applicable approving authority or entity shall notify or 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.

For residential developments, regardless of the time of collection or the date of approvals, the fee shall be based on the residential development fee percentage pursuant to the municipal ordinance in effect on the date that residential building permits are issued.

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 shall notify the local Tax 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 Township Tax Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements associated with the development in accordance with the rules adopted by the Treasurer pursuant to N.J.S.A. 54:1-35.35; calculate the development fee pursuant to N.J.S.A. 40:55D-8.1 through 40:55D-8.7; and thereafter notify the developer of the amount of the non-residential development fee.

Should the Township of Hamilton 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 N.J.S.A. 40:55D-8.6.b.

Except as provided hereinabove, 50% of the initially calculated 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 the time of issuance of certificate of occupancy.

Appeal of development fees.

A developer may challenge residential development fees imposed pursuant to N.J.S.A. 52:27D-329.1 et seq. 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, if possible, escrow account by the Township of Hamilton. Appeals from a determination of the Board may be made to the Tax Court in accordance with the provisions of the State Uniform Tax Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Any 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, if possible, escrow account by the Township of Hamilton. Appeals from a determination of the Director may be made to the Tax Court in accordance with the provisions of the State Uniform Tax Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Any interest earned on amounts escrowed shall be credited to the prevailing party.

Affordable Housing Trust Fund.

A separate, interest-bearing Municipal Affordable Housing Trust Fund shall be maintained by the Township chief financial officer for the purpose of depositing development fees collected from residential and non-residential 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 a fraction of an affordable unit, where permitted by ordinance or agreement with the Township of Hamilton;

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 the Township of Hamilton's affordable housing program.

The municipality shall provide the Division with written authorization, in the form of a tri-party escrow agreement(s) between the municipality, the Division and the financial institution in which the municipal affordable housing trust fund has been established to permit the Division to direct the disbursement of the funds as provided for in N.J.A.C. 5:99-2.1 et seq.

Occurrence of any of the following deficiencies may result in the Division requiring the forfeiture of all or a portion of the funds in the municipal Affordable Housing Trust Fund:

Failure to meet deadlines for information required by the Division in its review of a development fee ordinance;

Failure to commit or expend development fees within four years of the date of collection in accordance with N.J.A.C. 5:99-5.5;

Failure to comply with the requirements of the Non-Residential Development Fee Act and N.J.A.C. 5:99-3;

Failure to address the Division's conditions for approval of a plan to spend funds within the deadlines imposed by the Division;

Failure to submit accurate monitoring reports pursuant to this section within the time limits imposed by the Act, this chapter, and/or the Division;

Expenditure of funds on activities not approved by the Program or the Division or otherwise permitted by law;

Revocation of compliance certification or a judgment of compliance and repose;

Failure of a municipal housing liaison or administrative agent to comply with the requirements set forth at N.J.A.C. 5:99-6, 7, and 8;

Other good cause demonstrating that municipal affordable housing funds are not being used for an approved purpose.

N.J.A.C. 5:99-5.6, Enforcement, identifies the remedies available to the Division or a court of competent jurisdiction should any of the items above be found to have occurred.

On or before February 15 of each year, the municipality shall provide annual electronic data reporting of trust fund activity for the previous year from January 1 to December 31 through the AHMS Reporting System. This reporting shall include an accounting of all Municipal Affordable Housing Trust Fund activity, including the sources and amounts of all funds collected and the amounts and purposes for which any funds have been expended. Such reporting shall include an accounting of development fees collected from residential and non-residential developers, previously eligible payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income from municipally-owned affordable housing units, repayments from affordable housing program loans, interest and any other funds collected in connection with municipal housing programs, as well as an accounting of the expenditures of revenues and implementation of the Spending Plan approved by the Court.

Use of funds.

The expenditure of all funds shall conform to a Spending Plan approved by Superior Court. Funds deposited in the municipal Affordable Housing Trust Fund may be used for any activity approved by the Court to address the fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls; housing rehabilitation; new construction of affordable housing units and related costs; accessory apartments; a market-to-affordable program; conversion of existing non-residential buildings to create new affordable units; green building strategies designed to be cost-saving and in accordance with accepted national or state standards; purchase of land for affordable housing; improvement of land to be used for affordable housing; extensions or improvements of roads and infrastructure to affordable housing sites; financial assistance designed to increase affordability; administration necessary for implementation of the Housing Element and Fair Share Plan; and/or any other activity permitted by Superior Court and specified in the approved Spending Plan.

Funds shall not be expended to reimburse the municipality or activities that occurred prior to the authorization of a municipality to collect development fees.

At least a portion of all development fees collected and interest earned shall be used to provide affordability assistance to very low-, low- and moderate-income households in affordable units included in the municipal Fair Share Plan. A portion of the development fees which provide affordability assistance shall be used to provide affordability assistance to very low-income households.

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. The specific programs to be used for affordability assistance shall be identified and described within the Spending Plan.

Affordability assistance to households earning 30% or less of regional median household income by household size may include buying down the cost of low- or moderate-income units in the municipal Fair Share Plan to make them affordable to households earning 30% or less of median income. The specific programs to be used for very low-income affordability assistance shall be identified and described within the spending plan.

The Township of Hamilton may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including its programs for affordability assistance, in accordance with N.J.A.C. 5:96-18, Note: Former Ch. 96 of the New Jersey Administrative Code, Procedural Rules of the New Jersey Council on Affordable Housing for the Period Beginning on June 2, 2008, expired 6-2-2015 in accordance with N.J.S.A. 52:14b-5.1b.

No more than 20% of all affordable housing trust funds, exclusive of those collected prior to July 17, 2008, to fund an RCA, shall be expended on administration.

Administrative expenses may include costs reasonably related to the determination of the fair share obligation and the development of a municipal housing element and fair share plan and may include fees necessary to develop or implement affordable housing programs, an affirmative marketing program, and/or expenses that are reasonably necessary for compliance with the processes of the Program, including, but not limited to, the costs to the municipality of resolving a challenge pursuant to the Program.

Administrative expenses may also include costs associated with functions carried out in compliance with UHAC, including activities related to the marketing program and waitlist management, administering the placement of occupants in housing units, income qualification of households, monitoring the turnover of sale and rental units, preserving existing affordable housing, and compliance with the Division's monitoring requirements.

The proportion of a municipal employee's salary related to the MHL or RCA administrator functions and fees for required educational programs, may be paid as an administrative expense from the municipal affordable housing trust fund. Development fees collected by the Township shall be expended or committed for expenditure within four years of the date of collection. For the purposes of this section, funds are expended, or committed for expenditure, if one of the following standards has been met:

The funds have been spent on a housing activity in accordance with N.J.A.C. 5:99-2.3;

The Division has been provided with an executed contract or legally enforceable agreement funding the implementation of an allowable housing activity in accordance with N.J.A.C. 5:99-2.3, and the following, as applicable: a municipal resolution or ordinance creating the affordable housing program, a policy and procedures manual, and completion of affordable housing trust fund and unit monitoring, indicating units completed or rehabilitated, or the Township has otherwise demonstrated a firm and binding obligation to spend such funds in a manner consistent with addressing its respective affordable housing obligation;

For affordability assistance expenses, the Division has been provided with the following: demonstration of a firm and binding obligation to spend such funds in a manner consistent with addressing the affordability assistance obligation required by the Act or a municipal resolution or ordinance and an executed contract or agreement for expenses related to providing affordability assistance to existing low- and moderate-income households, a policies and procedures manual for any affordability assistance program executed by the Township, and a contract with an administrative agent to carry out the program if applicable; or

For administrative expenses, the Division has been provided with the following: a municipal resolution or ordinance and an executed contract or agreement for expenses related to administering affordable housing.

Emergent affordable housing opportunities. Requests to expend affordable housing trust funds on emergent affordable housing opportunities not included in the municipal fair share plan shall be made to the Division and shall be in the form of a governing body resolution. Any request shall be consistent with N.J.A.C. 5:99-4.1.

Ongoing collections of fees.

The ability of the Township of Hamilton to impose, collect and expend development fees shall expire with the expiration of the repose period covered by its judgment of compliance unless the Township of Hamilton has first filed an adopted Housing Element and Fair Share Plan with the Affordable Housing Dispute Resolution Program or filed a Declaratory Judgment with a court of competent jurisdiction, and has received compliance certification or a Judgment of Compliance and has received approval of its Development Fee Ordinance from the entity that will be reviewing and approving the Housing Element and Fair Share Plan.

If the Township of Hamilton fails to renew its ability to impose and collect development fees prior to the expiration of its judgment of compliance, it may be subject to forfeiture of any or all funds remaining within its affordable housing trust fund. Any funds so forfeited shall be deposited into the New Jersey Affordable Housing Trust Fund established pursuant to Section 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320).

The Township of Hamilton shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its judgment of compliance, nor shall the Township of Hamilton retroactively impose a development fee on such a development. The Township of Hamilton also shall not expend any of its collected 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; 3-10-2026 by Ord. No. 26-010]

Introduction and applicability.

This section of the Code sets forth regulations regarding the very low-, low- and moderate-income housing units in the Township of Hamilton consistent with the provisions outlined in P.L. 2024, Chapter 2, including the amended Fair Housing Act ("FHA") at N.J.S.A. 52:27D-301 et seq., as well as the Department of Community Affairs. Division of Local Planning Services ("LPS") at N.J.A.C. 5:99 et seq., statutorily upheld existing regulations of the now-defunct Council on Affordable Housing ("COAH") at N.J.A.C. 5:93 and 5:97, the Uniform Housing Affordability Controls ("UHAC") at N.J.A.C. 5:80-26.1 et seq., and as reflected in the adopted municipal Fourth Round Housing Element and Fair Share Plan ("HEFSP").

This section is intended to ensure that very low-, low- and moderate-income units ("affordable units") are created with controls on affordability over time and that very low-, low- and moderate-income households shall occupy these units pursuant to statutory requirements. This section shall apply to all inclusionary developments, individual affordable units, and 100% affordable housing developments except where inconsistent with applicable law. Low-Income Housing Tax Credit financed developments shall adhere to the provisions set forth below in Subsection E(3) below.

The Hamilton Planning Board has adopted a HEFSP pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1, et seq. The Fair Share Plan describes the ways the Township shall address its fair share of very low-, low- and moderate-income housing as approved by the Superior Court and documented in the Housing Element.

This section implements and incorporates the relevant provisions of the HEFSP and addresses the requirements of P.L. 2024, Chapter 2, the FHA, N.J.A.C. 5:99, NJ Supreme Court upheld COAH regulations at N.J.A.C. 5:93 and 5:97, and UHAC at N.J.A.C. 5:80-26.1, as may be amended and supplemented.

Applicability.

The provisions of this section shall apply to all affordable housing developments and affordable housing units that currently exist and that are proposed to be created pursuant to the Township's most recently adopted HEFSP.

This section shall apply to all developments that contain very low-, low- and moderate-income housing units included in the Municipal HEFSP, including any unanticipated future developments that will provide very low-, low- and moderate-income housing units.

AFFIRMATIVE MARKETING PLAN

Projects receiving federal Low Income Housing Tax Credit financing and are proposed for credit shall comply with the low/moderate split and bedroom distribution requirements, maximum initial rents and sales prices requirements, affirmative fair marketing requirements of UHAC at N.J.A.C. 5:80-26.16 and the length of the affordability controls applicable to such projects shall be not less than a thirty-year compliance period plus a fifteen-year extended-use period, for a total of not less than 45 years.

Definitions, as used herein the following terms shall have the following meanings:

95/5 RESTRICTION

A deed restriction governing a restricted ownership unit that is part of a housing element that received substantive certification from COAH pursuant to N.J.A.C. 5:93, as it was in effect at the time of the receipt of substantive certification, before October 1, 2001, or any other deed restriction governing a restricted ownership unit with a seller repayment option requiring 95% of the price differential to be paid to the municipality or an instrument of the municipality at the closing of a sale at market price.

ACCESSORY APARTMENTS

A residential dwelling unit that provides complete independent living facilities with a private entrance for one or more persons, consisting of provisions for living, sleeping, eating, sanitation, and cooking, including a stove and refrigerator, and is located within a proposed preexisting primary dwelling, within an existing or proposed structure that is an accessory to a dwelling on the same lot, constructed in whole or part as an extension to a proposed or existing primary dwelling, or constructed as a separate detached structure on the same lot as the existing or proposed primary dwelling. Accessory apartments are also referred to as "accessory dwelling units".

ACT

The New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.

ADAPTABLE

Constructed in compliance with the technical design standards of the barrier free subcode adopted by the Commissioner of Community Affairs pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and in accordance with the provisions of section 5 of P.L. 2005, c. 350 (N.J.S.A. 52:27D-123.15).

ADMINISTRATIVE AGENT

The entity approved by the Division responsible for the administration of affordable units, in accordance with N.J.A.C. 5:99-7, and UHAC at N.J.A.C. 5:80-26.15.

AFFIRMATIVE MARKETING

A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.16.

The municipally adopted plan of strategies from which the administrative agent will choose to implement as part of the Affirmative Marketing requirements.

AFFIRMATIVE MARKETING PROCESS OR PROGRAM

The actual undertaking of Affirmative Marketing activities in furtherance of each project with very low-, low- and moderate-income units.

AFFORDABILITY AVERAGE

An average of the percentage of regional median income at which restricted units in an affordable development are affordable to low- and moderate-income households.

AFFORDABLE

In the case of an ownership unit, the sales price for the unit conforms to the standards set forth at N.J.A.C. 5:80-26.7 and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth at N.J.A.C. 5:80-26.13.

AFFORDABLE HOUSING DEVELOPMENT

A development included in a Township's housing element and fair share plan, and includes, but is not limited to, an inclusionary development, a municipally sponsored affordable housing project, or a 100% affordable development. This includes developments with affordable units on-site, off-site, or provided as a payment in-lieu of construction only if such a payment-in-lieu option has been previously approved by the Program or Superior Court as part of the HEFSP. Payments in lieu of construction were invalidated per P.L. 2024, c.2.

AFFORDABLE HOUSING DISPUTE RESOLUTION PROGRAM OR THE PROGRAM

The dispute resolution program established pursuant to N.J.S.A. 52:27D-313.2.

AFFORDABLE HOUSING MONITORING SYSTEM OR "AHMS"

AFFORDABLE HOUSING TRUST FUND OR "AHTF"

The non-lapsing, revolving trust fund established in DCA pursuant to N.J.S.A. 52:27D-320 and N.J.A.C. 5:43 to be the repository of all State funds appropriated for affordable housing purposes. All references to the "Neighborhood Preservation Nonlapsing Revolving Fund" and "Balanced Housing" mean the AHTF.

AFFORDABLE UNIT

A housing unit proposed or developed pursuant to the Act, including, but not limited to, units created with municipal affordable housing trust funds.

AGE-RESTRICTED HOUSING

A housing unit that is designed to meet the needs of, and is exclusively for, an age-restricted segment of the population such that: 1. All the residents of the development where the unit is situated are 62 years or older; 2. At least 80% of the units are occupied by one person that is 55 years or older; or 3. The development has been designated by the Secretary of HUD as "housing for older persons' as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.

AGENCY

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

ASSISTED LIVING RESIDENCE

A facility licensed by the New Jersey Department of Health to provide apartment-style housing and congregate dining and to ensure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor. Apartment units must offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette, and a lockable door on the unit entrance.

BARRIER-FREE ESCROW

BUILDER'S REMEDY

Court-imposed site-specific relief for a litigant who seeks to build affordable housing for which the court requires a municipality to utilize zoning techniques, such as mandatory set-asides or density bonuses, including techniques which provide for the economic viability of a residential development by including housing that is not for low- and moderate-income households.

CERTIFIED HOUSEHOLD

A household that has been certified by an administrative agent as a very-low-income household, a low-income household, or a moderate-income household. "CHOICE" means the no-longer-active Choices in Homeownership Incentives for Everyone Program, as it was authorized by the Agency.

COAH OR THE COUNCIL

The Council on Affordable Housing established in, but not of, DCA pursuant to the Act and that was abolished effective March 20, 2024, pursuant to section 3 at P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1).

COMMISSIONER

The Commissioner of the Department of Community Affairs.

COMPLIANCE CERTIFICATION

The certification obtained by a municipality pursuant to section 3 of P.L.2024, c. 2 (N.J.S.A. 52:27D-304.1), that protects the municipality from exclusionary zoning litigation during the current round of present and prospective need and through July 1 of the year the next round begins, which is also known as a "judgment of compliance" or "judgment of repose." The term "compliance certification" shall include a judgment of repose granted in an action filed pursuant to section 13 of P.L.1985, c. 222 (N.J.S.A. 52:27D-313).

CONSTRUCTION

COUNTY-LEVEL HOUSING JUDGE

A judge appointed pursuant to section 5 at P.L. 2024, c. 2, to resolve disputes over the compliance of municipal fair share affordable housing obligations and municipal Fair Share plans and housing elements with the Act.

DCA OR DEPARTMENT

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

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or of any mining, excavation, or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

DISPUTE RESOLUTION PROGRAM

The Affordable Housing Dispute Resolution Program, established pursuant to section 5 at P.L. 2024, c. 2 (N.J.S.A. 52:27D-313.2).

DIVISION

The Division of Local Planning Services within the Department of Community Affairs.

EMERGENT OPPORTUNITY

A circumstance that has arisen whereby affordable housing will be able to be produced through a delivery mechanism not originally contemplated by or included in a fair share plan that has been the subject of a compliance certification.

EQUALIZED ASSESSED VALUE OR EAV

The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with sections 1, 5, and 6 at P.L. 1973, c. 123 (N.J.S.A. 54:1-35a, 54:1-35b, and 54:1-35c). Estimates at the time of building permit may be obtained by the tax assessor using construction cost estimates. Final EAV shall be determined at project completion by the municipal assessor.

EQUITY SHARE AMOUNT

The product of the price differential and the equity share, with the equity share being the whole number of years that have elapsed since the last non-exempt sale of a restricted ownership unit, divided by 100, except that the equity share may not be less than 5% and may not exceed 30%.

EXCLUSIONARY ZONING LITIGATION

Litigation challenging the fair share plan, housing element, ordinances, or resolutions that implement the fair share plan or housing element of a municipality based on alleged noncompliance with the Act or the Mount Laurel doctrine, which litigation shall include, but shall not be limited to, litigation seeking a builder's remedy.

EXIT SALE

The first authorized non-exempt sale of a restricted unit following the end of the control period, which sale terminates the affordability controls on the unit.

EXTENSION OF EXPIRING CONTROLS

The extending of the deed restriction period on units where the controls will expire in the current round of a housing obligation, so that the total years of a deed restriction is at least 60 years.

FAIR SHARE OBLIGATION

The total of the present need and prospective need, including prior rounds, as determined by the Affordable Housing Dispute Resolution Program, or a court of competent jurisdiction.

FAIR SHARE PLAN

The plan or proposal, with accompanying ordinances and resolutions, by which a municipality proposes to satisfy its constitutional obligation to create a realistic opportunity to meet its fair share of low- and moderate-income housing needs of its region and which details the affirmative measures the municipality proposes to undertake to achieve its fair share of low- and moderate-income housing, as provided in the municipal housing element, and which addresses the development regulations necessary to implement the housing element, including, but not limited to, inclusionary requirements and development fees, and the elimination of unnecessary housing cost-generating features from the municipal land use ordinances and regulations.

FHA

The New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.

GREEN BUILDING STRATEGIES

The strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.

HMFA

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

HOUSEHOLD INCOME

A household's gross annual income calculated in a manner consistent with the determination of annual income pursuant to section 8 of the United States Housing Act of 1937 (Section 8), not in accordance with the determination of gross income for Federal income tax liability.

HOUSING ELEMENT

The portion of a municipality's master plan adopted in accordance with the Municipal Land Use Law (MLUL) at N.J.S.A. 40:55D-28.b(3) and the Act consisting of reports, statements proposals, maps, diagrams, and text designed to meet the municipality's fair share of its region's present and prospective housing needs, particularly with regard to low- and moderate-income housing, which shall include the municipal present and prospective obligation for affordable housing, determined pursuant to subsection f. at N.J.S.A. 52:27D-304.1.

HOUSING REGION

A geographic area established pursuant to N.J.S.A. 52:27D-304.2b.

INCLUSIONARY DEVELOPMENT

A residential housing development in which a substantial percentage of the housing units are provided for a reasonable income range of low- and moderate-income households.

JUDGMENT OF COMPLIANCE OR JUDGMENT FOR REPOSE

A determination issued by the Superior Court approving a municipality's fair share plan to satisfy its affordable housing obligation for a particular ten-year round.

LOW-INCOME HOUSEHOLD

A household with a household income equal to 50% or less of the regional median 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.

MIXED USE DEVELOPMENT

Any development that includes both a non-residential development component and a residential development component, and shall include developments for which: (1) there is a common developer for both the residential development component and the non-residential development component, provided that for purposes of this definition, multiple persons and entities maybe considered a common developer if there is a contractual relationship among them obligating each entity to develop at least a portion of the residential or non-residential development, or both, or otherwise to contribute resources to the development; and (2) the residential and non-residential developments are located on the same lot or adjoining lots, including, but not limited to, lots separated by a street, a river, or another geographical feature.

MODERATE-INCOME HOUSEHOLD

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

MODERATE-INCOME UNIT

A restricted unit that is affordable to a moderate-income household.

MONI

The no-longer-active Market Oriented Neighborhood Investment Program, as it was authorized by the Agency.

MUNICIPAL AFFORDABLE HOUSING TRUST FUND

A separate, interest-bearing account held by a municipality for the deposit of development fees, payments in lieu of constructing affordable units on sites zoned for affordable housing previously approved prior to March 20, 2024 (per P.L. 2024, c.2), barrier-free escrow funds, recapture funds, proceeds from the sale of affordable units, rental income, repayments from affordable housing program loans, enforcement fines, unexpended RCA funds remaining from a completed RCA project, application fees, and any other funds collected by the municipality in connection with its affordable housing programs, which shall be used to address municipal low- and moderate-income housing obligations within the time frames established by the Legislature and this chapter.

MUNICIPAL DEVELOPMENT FEE ORDINANCE

An ordinance adopted by the governing body of a municipality that authorizes the collection of development fees.

MUNICIPAL HOUSING LIAISON OR MHL

An appointed municipal employee who is, pursuant to N.J.A.C. 5:99-6, responsible for oversight and/or administration of the affordable units created within the municipality.

NEW CONSTRUCTION

NEW JERSEY AFFORDABLE HOUSING TRUST FUND

An account established pursuant to N.J.S.A. 52:27D-320.

NEW JERSEY HOUSING RESOURCE CENTER OR HOUSING RESOURCE CENTER

The online affordable housing listing portal, or its successor, overseen by the Agency pursuant to N.J.S.A. 52:27D-321.3 et seq.

NON-EXEMPT SALE

Any sale or transfer of ownership of a restricted unit to one's self or to another individual other than the transfer of ownership between spouses or civil union partners; the transfer of ownership between former spouses or civil union partners ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a class A beneficiary; and the transfer of ownership by court order.

NON-RESIDENTIAL DEVELOPMENT

Any building or structure, or portion thereof, including, but not limited to, any appurtenant improvements, which is designated to a use group other than a residential use group according to the State Uniform Construction Code, N.J.A.C. 5:23, promulgated to effectuate the State uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., including any subsequent amendments or revisions thereto; Hotels, motels, vacation timeshares, and child-care facilities; and The entirety of all continuing care facilities within a continuing care retirement community which is subject to the Continuing Care Retirement Community Regulation and Financial Disclosure Act, N.J.S.A. 52:27D-330 et seq.

NON-RESIDENTIAL DEVELOPMENT FEE

The fee authorized to be imposed pursuant to N.J.S.A. 40:55D-8.1 through 40:55D-8.7.

NONPROFIT

An organization granted nonprofit status in accordance with section 501(c)(3) of the Internal Revenue Code.

ORDER FOR REPOSE

The protection a municipality has from a builder's remedy lawsuit for a period of time from the entry of a judgment of compliance by the Superior Court. A judgment of compliance often results in an order for repose.

PAYMENT IN LIEU OF CONSTRUCTING AFFORDABLE UNITS

The prior approval of the payment of funds to the municipality by a developer when affordable units are were not produced on a site zoned for an inclusionary development. The statutory permission for payments in lieu of constructing affordable units was eliminated per P.L. 2024, c.2.

PERSON WITH A DISABILITY

A person with a physical disability, infirmity, malformation, or disfigurement which is caused by bodily injury, birth defect, aging, or illness including epilepsy and other seizure disorders, and which shall include, but not be limited to, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impairment, the inability to speak or a speech impairment, or physical reliance on a service animal, wheelchair, or other remedial appliance or device.

PRICE DIFFERENTIAL

The difference between the controlled sale price of a restricted unit and the contract price at the exit sale of the unit, determined as of the date of a proposed contract of sale for the unit. If there is no proposed contract of sale, the price differential is the difference between the controlled sale price of a restricted unit and the appraised value of the unit as if it were not subject to UHAC, determined as of the date of the appraisal. If the controlled sale price exceeds the contract price or, in the absence of a contract price, the appraised value, the price differential is $0.

PRIOR ROUND UNIT

A housing unit that addresses a municipality's fair share obligation from a round prior to the fourth round of affordable housing obligations, including any unit that: (1) received substantive certification from COAH; (2) is part of a third-round settlement agreement or judgment of compliance approved by a court of competent jurisdiction, inclusive of units created pursuant to a zoning designation adopted as part of the settlement agreement or judgment of compliance to create a realistic opportunity for development; (3) is subject to a grant agreement or other contract with either the state or a political subdivision thereof entered into prior to July 1, 2025, pursuant to either item (1) or (2) above; or (4) otherwise addresses a municipality's fair share obligation from a round prior to the fourth round of affordable housing obligations. A unit created after the enactment of P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1) on March 20, 2024, is not a prior round unit unless: (1) it is created pursuant to a prior round development plan or zoning designation that received COAH or court approval on or before the cutoff date of June 30, 2025, or the date that the municipality adopts the implementing ordinances and resolutions for the fourth round of affordable housing obligations, whichever occurs sooner; and (2) its siting and creation are consistent with the form of the prior round development plan or zoning designation in effect as of the cutoff date, without any amendment or variance.

PROGRAM

The Affordable Housing Dispute Resolution Program, established pursuant to section 5 P.L. 2024, c. 2 (N.J.S.A. 52:27D-313.2).

PROSPECTIVE NEED

A projection of housing needs based on development and growth which is reasonably likely to occur in a region or a municipality, as the case may be, as a result of actual determination of public and private entities. Prospective need shall be determined by the methodology set forth pursuant to sections 6 and 7 of P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.2 and N.J.S.A. 52:27D-304.3) for the fourth round and all future rounds of housing obligations.

QUALIFIED URBAN AID MUNICIPALITY

A municipality that meets the criteria established pursuant to N.J.S.A. 52:27D-304.3.c(1).

RANDOM SELECTION PROCESS

A lottery process by which currently income-eligible applicant-households are selected, at random, for placement in affordable housing units such that no preference is given to one applicant over another, except in the case of a veterans' preference where such an agreement exists; for purposes of matching household income and size with an appropriately priced and sized affordable unit; or another purpose allowed pursuant to N.J.A.C. 5:80-26.7(k)3. This definition excludes any practices that would allow affordable housing units to be leased or sold on a first-come, first-served basis.

RCA ADMINISTRATOR

An appointed municipal employee who is responsible for oversight and/or administration of affordable units and associated revenues and expenditures within the municipality that were funded through regional contribution agreements.

RCA OR REGIONAL CONTRIBUTION AGREEMENT

A contractual agreement, pursuant to the Act, into which two municipalities voluntarily entered into and was approved by COAH and/or Superior Court prior to July 18, 2008, to transfer a portion of a municipality's affordable housing obligation to another municipality within its housing region.

RCA PROJECT PLAN

A past application, submitted by a receiving municipality in an RCA, delineating the manner in which the receiving municipality intended to create or rehabilitate low- and moderate-income housing.

RECEIVING MUNICIPALITY

For the purposes of an RCA, a municipality that contractually agreed to assume a portion of another municipality's fair share obligation.

RECONSTRUCTION

Any project where the extent and nature of the work is such that the work area cannot be occupied while the work is in progress and where a new certificate of occupancy is required before the work area can be reoccupied, pursuant to the Rehabilitation Subcode of the uniform Construction Code, N.J.A.C. 5:23-6. Reconstruction shall not include projects comprised only of floor finish replacement, painting or wallpapering, or the replacement of equipment or furnishings. Asbestos hazard abatement and lead hazard abatement projects shall not be classified as reconstruction solely because occupancy of the work area is not permitted.

RECREATIONAL FACILITIES AND COMMUNITY CENTERS

Any indoor or outdoor buildings, spaces, structures, or improvements intended for active or passive recreation, including, but not limited to, ballfields, meeting halls, and classrooms, accommodating either organized or informal activity.

REGIONAL MEDIAN INCOME

The median income by household size for an applicable housing region, as calculated annually in accordance with N.J.A.C. 5:80-26.3.

REHABILITATION

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. With respect to units in assisted living residences, rent does not include charges for food and services.

RESIDENTIAL DEVELOPMENT FEE

Means money paid by a developer for the improvement of residential property as permitted pursuant to N.J.S.A. 52:27D-329.2 and N.J.A.C. 5:99-3.2.

RESTRICTED UNIT

A dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of this subchapter but does not include a market-rate unit that was financed pursuant to UHORP, MONI, or CHOICE.

SPENDING PLAN

STATE DEVELOPMENT AND REDEVELOPMENT PLAN OR STATE PLAN

The plan prepared pursuant to sections 1 through 12 of the "State Planning Act," P.L. 1985, c. 398 (N.J.S.A. 52:18A-196 et al.), designed to represent a balance of development and conservation objectives best suited to meet the needs of the State, and for the purpose of coordinating planning activities and establishing Statewide planning objectives in the areas of land use, housing, economic development, transportation, natural resource conservation, agriculture and farmland retention, recreation, urban and suburban redevelopment, historic preservation, public facilities and services, and intergovernmental coordination pursuant to subsection f. of section 5 of P.L. 1985, c. 398 (N.J.S.A. 52:18A-200).

SUPPORTIVE HOUSING HOUSEHOLD

A very low-, low- or moderate-income household certified as income eligible by an administrative agent in accordance with N.J.A.C. 5:80-26.14, in which at least one member is an individual who requires supportive services to maintain housing stability and independent living and who is part of a population identified by federal or state statute, regulation, or program guidance as eligible for supportive or special needs housing. Such populations include, but are not limited to: persons with intellectual or developmental disabilities, persons with serious mental illness, person with head injuries (as defined in Section 2 of P.L. 1977), persons with physical disabilities or chronic health conditions, persons who are homeless as defined by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 578, survivors of domestic violence, youth aging out of foster care, and other special needs populations recognized under programs administered by the U.S. Department of Housing and Urban Development, the Low-Income Housing Tax Credit Program, the McKinney-Vento Act, or the New Jersey Department of Human Services. A supportive housing household may include family members, unrelated individuals, or live-in aides, provided that the household meets the income eligibility requirements of this subchapter, except that in the case of unrelated individuals not operating as a family unit, income eligibility shall be tested on an individual basis rather than in the aggregate; the unit is leased or sold subject to the affordability controls established herein; and the supportive services available to the household are designed to promote housing stability, independent living, and community integration. The determination of whether unrelated individuals are operating as a family unit shall be made based on the applicant's self-identification of household members on the affordable housing application.

SUPPORTIVE HOUSING SPONSORING PROGRAM

Grant or loan program which provided financial assistance to the development of the unit.

SUPPORTIVE HOUSING UNIT

A restricted rental unit, as defined by N.J.S.A. 34:1B-21.24, that is affordable to very low-, low- or moderate-income households and is reserved for occupancy by a supportive housing household. Supportive housing units are also referred to as permanent supportive housing units.

TRANSITIONAL HOUSING

Temporary housing that: (1) includes, but is not limited to, single-room occupancy housing or shared living and supportive living arrangements; (2) provides access to on-site or off-site supportive services for very low-income households who have recently been homeless or lack stable housing; (3) is licensed by the department; and (4) allows households to remain for a minimum of six months.

TREASURER

The Treasurer of the State of New Jersey.

UHAC

The Uniform Housing Affordability Controls set forth at N.J.A.C. 5:80-26.

UHORP

The Agency's Urban Homeownership Recovery Program, as it was authorized by the Agency Board.

UNIT TYPE

Type of dwelling unit with various building standards including but not limited to single-family detached, single-family attached/townhouse, stacked townhouse (attached building containing two units each with separate entrances), duplex (detached building containing two units each with separate entrances), triplex (three units each with separate entrance), quadplex four units each with separate entrance), multifamily/flat (two or more units with a shared entrance). Inclusion of a garage, or not, shall not define the unit type.

VERY-LOW INCOME HOUSING

Housing affordable according to the Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to 30% or less of the median gross household income for households of the same size within the housing region in which the housing is located.

VERY-LOW-INCOME HOUSEHOLD

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

VERY-LOW-INCOME UNIT

A restricted unit that is affordable to a very-low-income household.

VETERAN

A veteran as defined at N.J.S.A. 54:4-8.10.

VETERANS' PREFERNCE

The agreement between a municipality and a developer or residential development owner that allows for low- to moderate-income veterans to be given preference for up to 50% of rental units in relevant projects, as provided for at N.J.S.A. 52:27D-311.j.

WEATHERIZATION

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.

Monitoring and reporting requirements.

The Township shall comply with the following monitoring and reporting requirements regarding the status of the implementation of its court-approved Housing Element and Fair Share Plan:

The Township shall provide electronic monitoring data with the Department pursuant to P.L. 2024, Chapter 2 and N.J.A.C. 5:99 through the Affordable Housing Monitoring System (AHMS). All monitoring information required to be made public by the FHA shall be available to the public on the Department's website at https://www.nj.gov/dca/dlps/hss/MuniStatusReporting.shtml.

On or before February 15 of each year, the Township shall provide annual reporting of its municipal Affordable Housing Trust Fund activity to the Department on the AHMS portal. The reporting shall include an accounting of all municipal Affordable Housing Trust Fund activity, including the sources and amounts of funds collected and the amounts and purposes for which any funds have been expended, for the previous year from January 1 to December 31.

On or before February 15 of each year, the annual reporting of the status of all affordable housing activity shall be provided to the Department on the AHMS portal, for the previous year from January 1 to December 31.

Township-wide mandatory set-aside. The mandatory affordable housing set-aside requirements as contained in § 550-166 of the Township Code shall apply.

New construction (per N.J.A.C. 5:93 as may be updated per various sections in N.J.A.C. 5:97 and N.J.S.A. 52:27D-301 et seq.). Per the definition of "New Construction," this section governs the creation of new affordable housing units regardless of the means by which the units are created. Newly constructed units may include new residences constructed or created through other means.

The following requirements shall apply to all new or planned developments that contain very low-, low- and moderate-income housing units. To the extent possible, details related to the adherence to the requirements below shall be outlined in the resolution granting municipal subdivision or site plan approval of the project to assist municipal representatives, developers and Administrative Agents.

Completion schedule (previously known as phasing). Final site plan or subdivision approval shall be contingent upon the affordable housing development meeting the following completion schedule for very low-, low- and moderate-income units whether developed in a single-phase development, or in a multi-phase development. In inclusionary developments, the following schedule for the issuance of certificates of occupancy for the required affordable housing units relative to the issuance of certificates of occupancy for the permitted market units shall be followed:

Maximum Percentage of Market-Rate Units Issued a Temporary or Final Certificate of Occupancy	Minimum Percentage of Affordable Units Issued a Temporary or Final Certificate of Occupancy
25% + 1	10%
50%	50%
75%	75%
90%	100%

Design. The following design requirements apply to affordable housing developments, excluding prior round units.

Design of 100% affordable developments:

Restricted units must meet the minimum square footage required for the number of inhabitants for which the unit is marketed and the minimum square footage required for each bedroom, as set forth in the Neighborhood Preservation Balanced Housing rules at N.J.A.C. 5:43-2.4.

Each bedroom in each restricted unit must have at least one window.

Restricted units must include adequate air conditioning and heating.

Design of developments comprising market-rate rental units and restricted rental units. The following does not apply to prior round units, unless stated otherwise.

Restricted units must use the same building materials and architectural design elements (for example, plumbing, insulation, or siding) as market-rate units of the same unit type (for example, flat or townhome) within the same development, except that restricted units and market-rate units may use different interior finishes. This shall apply to prior round units.

Restricted units and market-rate units within the same affordable development must be sited such that restricted units are not concentrated in less desirable locations.

Restricted units may not be physically clustered so as to segregate restricted and market-rate units within the same development or within the same building, but must be interspersed throughout the development, except that age-restricted and supportive housing units may be physically clustered if the clustering facilitates the provision of on-site medical services or on-site social services. Prior round affordable units shall be integrated with market rate units to the extent feasible.

Residents of restricted units must be offered the same rights of use to communal amenities as residents of market-rate units within the same affordable development. Examples of communal amenities include, but are not limited to, community pools, fitness and recreation centers, playgrounds, common rooms and outdoor spaces, and building entrances and exits. This shall apply to prior round units.

Restricted units must include adequate air conditioning and heating and must use the same type of cooling and heating sources as market-rate units of the same unit type. This shall apply to prior round units.

Each bedroom in each restricted unit must have at least one window.

Restricted units must be of the same unit type as market-rate units within the same building.

Restricted units and bedrooms must be no less than 90% of the minimum size prescribed by the Neighborhood Preservation Balanced Housing rules at N.J.A.C. 5:43-2.4.

Design of developments containing for-sale units, including those with a mix of rental and for-sale units. Restricted rental units shall meet the requirements of Subsection F(3)(b) above. Restricted sale units shall comply with the below:

Restricted units must use the same building standards as market-rate units of the same unit type (for example, flat, townhome, or single-family home), except that restricted units and market-rate units may use different interior finishes. This shall apply to prior round units.

Restricted units may be clustered, provided that the buildings or housing product types containing the restricted units are integrated throughout the development and are not concentrated in an undesirable location or in undesirable locations. Prior round affordable units shall be integrated with market rate units to the extent feasible.

Restricted units may be of different unit housing product types than market-rate units, provided that there is a restricted option available for each market rate housing type. Developments containing market-rate duplexes, townhomes, and/or single-family homes shall offer restricted housing options that also include duplexes, townhomes, and/or single-family homes. Penthouses and higher priced end townhouses may be exempt from this requirement. The proper ratio for restricted to market-rate unit type shall be subject to municipal ordinance or, if not specified, shall be determined at the time of site plan approval.

Penthouse and end units may be reserved for market-rate sale, provided that the overall number, value, and distribution of affordable units across the development is not negatively impacted by such reservation(s).

Residents of restricted units must be offered the same access to communal amenities as residents of market-rate units within the same affordable development. Examples of communal amenities include, but are not limited to, community pools, fitness and recreation centers, playgrounds, common rooms and outdoor spaces, and building entrances and exits. This shall apply to prior round units.

Each bedroom in each restricted unit must have at least one window; and

Restricted units must include adequate air conditioning and heating.

Utilities.

Affordable units shall utilize the same type of cooling and heating source as market-rate units within the affordable housing development.

Tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance in accordance with N.J.A.C. 5:80-26.13(e).

Low/moderate split and bedroom distribution.

Affordable units shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit.

In each affordable housing development, at least 50% of the restricted units within each bedroom distribution, rounded up to the nearest whole number, shall be required to be for low-income households earning 50% or less of the regional median income, including 13% of the affordable units within each bedroom distribution shall be required to be for very low income households earning 30% or less of the regional median income.

Within rental developments, of the total number of affordable rental units, at least 13%, rounded up to the nearest whole number, shall be affordable to very low-income households. The very low-income units shall be distributed between each bedroom count as proportionally as possible, to the nearest whole unit, to the total number of restricted units within each bedroom count, and counted as part of the required number of low-income units within the development.

Affordable housing developments that are not age-restricted or supportive housing shall be structured such that:

At a minimum, the number of bedrooms within the restricted units equals twice the number of restricted units;

Two-bedroom and/or three-bedroom units compose at least 50% of all restricted units;

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

At least 30% of all low- and moderate-income units, rounded up shall be two-bedroom units.

At least 20% of all low- and moderate-income units, rounded to the nearest whole number, shall be three-bedroom units.

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

Affordable housing developments that are age-restricted or supportive housing, except those supportive housing units whose sponsoring program determines the unit arrangements, shall be structured such that, at a minimum, the number of bedrooms shall equal the number of age-restricted or supportive housing low- and moderate-income units within the inclusionary development. Supportive housing units whose sponsoring program determines the unit arrangement shall comply with all requirements of the sponsoring program. The standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit. In affordable housing developments with 20 or more restricted units that are age-restricted or supportive housing, two-bedroom units must comprise at least 5% of those restricted units.

Accessibility requirements.

Any new construction shall be adaptable; however, elevators shall not be required in any building or within any dwelling unit for the purpose of compliance with this section. In buildings without elevator service, only ground floor dwelling units shall be required to be constructed to conform with the technical design standards of the barrier free subcode. "Ground floor" means the first floor with a dwelling unit or portion of a dwelling unit, regardless of whether that floor is at grade. A building may have more than one ground floor.

Notwithstanding the exemption for townhouse dwelling units in the barrier free subcode, the first floor of all townhouse dwelling units and of all other multifloor dwelling units that are attached to at least one other dwelling unit shall be subject to the technical design standards of the barrier free subcode and shall include the following features:

An adaptable toilet and bathing facility on the first floor;

An adaptable kitchen on the first floor;

An interior accessible route of travel however an interior accessible route of travel shall not be required between stories;

An adaptable room that can be used as a bedroom, with a door, or the casing for the installation of a door that is compliant with the Barrier Free Subcode, on the first floor;

If not all of the foregoing requirements in Subsection F(6)(b)1 through 4 can be satisfied, then an interior accessible route of travel shall be provided between stories within an individual unit; and

An accessible entranceway as set forth in P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that the 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 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 shall be expended for the sole purpose of making the adaptable entrance of an affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.

The developer of the restricted units shall submit to the Construction Official a design plan and cost estimate for the conversion from adaptable to accessible entrances.

Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meets the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Affordable Housing Trust Fund and earmarked appropriately.

Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is "site-impracticable" to meet the requirements. If full compliance with this section would be site impracticable, compliance with this section for any portion of the dwelling shall be required to the extent that it is not site impracticable. Determinations of site impracticability shall comply with the Barrier Free Subcode at N.J.A.C. 5:23-7.

Affordable housing programs.

Pursuant to amended UHAC regulations at N.J.A.C. 5:80-26.1 et seq. and, in addition, pursuant to P.L. 2024, c.2 and specifically to the amended FHA at N.J.S.A. 52:27D-311.m. "All parties shall be entitled to rely upon regulations on municipal credits, adjustments, and compliance mechanisms adopted by the Council on Affordable Housing unless those regulations are contradicted by statute, including but not limited to P.L. 2024, c.2, or binding court decisions." The following are many of the main provisions of the COAH regulations at either N.J.A.C. 5:93 or 5:97 that have been upheld by the NJ Supreme Court. Municipalities should consult the cited full COAH regulations when preparing the HEFSP for required documentation, etc. Additional compliance details may also be included in the specific municipal program manual.

Rehabilitation programs (per N.J.A.C. 5:93-5.2 with updated provisions herein per N.J.A.C. 5:97-6.2 related to credit towards a municipal present need obligation).

The rehabilitation program shall be designed to renovate deficient housing units occupied or intended to be occupied by very low-, low- and moderate-income households such that, after rehabilitation, these units will comply with the New Jersey State Housing Code pursuant to N.J.A.C. 5:28-1.1 et seq. or the Rehabilitation Subcode, N.J.A.C. 5:23-6 to the extent applicable.

Both ownership and rental units shall be eligible for rehabilitation funds.

All rehabilitated units shall remain affordable to very low-, low- and moderate-income households for a period of 10 years (the control period). For owner-occupied units, the control period shall be enforced with a mortgage and note and for renter-occupied units the control period will be enforced with a deed restriction.

The municipality shall dedicate a minimum average hard cost of $10,000 for each unit to be rehabilitated through this program and in addition shall dedicate associated rehabilitation program soft costs such as case management, inspection fees and work write-ups.

The municipality shall designate, subject to the approval of the Department, one or more Administrative Agents to administer the rehabilitation program in accordance with P.L 2024, Chapter 2. The Administrative Agent(s) shall provide rehabilitation manuals for ownership and rental rehabilitation programs. Manuals shall be adopted by resolution of the governing body. Both rehabilitation manuals shall be available for public inspection in the Office of the Municipal Clerk and on the municipal affordable housing web page.

Households determined to be very low-, low-, or moderate-income may participate in a rehabilitation program. Rehabilitated units shall be exempt from the very low-income requirements, low/mod split, and bedroom distribution requirements of UHAC, but shall be administered in accordance with the following:

If a unit is vacant at the time of rehabilitation, or if a rehabilitated unit becomes vacant and is re-rented before the expiration of the affordability controls, the deed restriction shall require that the unit be rented to a low- or moderate-income household at an affordable rent.

If a rental unit is occupied by a tenant at the time rehabilitation is completed, the rent charged after rehabilitation shall not exceed the lesser of the tenant's current rent or the maximum rent permitted under UHAC.

Rents in rehabilitated units may increase annually based on the standards in UHAC.

At the time of application, applicant households and/or tenant households shall be subject to income eligibility determinations in accordance with UHAC.

Extension of controls program (for ownership units per N.J.A.C. 5:97-6.14 and UHAC at N.J.A.C. 5:80-26.6(h) through (k) and (m); and for rental units per N.J.A.C. 5:97-6.14 and N.J.A.C. 5:80-26.12(h) through (k)).

An extension of affordability controls program is established to maintain and extend the affordability of deed restricted units scheduled to come out of their affordability control period, subject to N.J.A.C. 5:97-6.14 and UHAC, including the following:

The affordable unit meets the criteria for prior cycle (April 1, 1980 - December 15, 1986) or post December 15, 1986 credits set forth in N.J.A.C. 5:97.

The affordability controls for the unit are scheduled to expire in the current round; or in the next round of housing obligations if the municipal election to extend controls is made no earlier than one year before the end of the current round;

The Township shall obtain a continuing certificate of occupancy or a certified statement from the municipal building inspector stating that the restricted unit meets all code standards.

If a unit requires repair and/or rehabilitation work in order to receive a continuing certificate of occupancy or certified statement from the municipal building inspector, the Township shall fund and complete the work.

The Township shall adhere to the process for extending controls pursuant to UHAC for extending ownership units and rental units, either inclusionary or 100% affordable developments.

The deed restriction for the extended control period shall be filed with the County Clerk.

Assisted living residence (per N.J.A.C. 5:97-6.11).

An assisted living residence is a facility licensed by the New Jersey Department of Health to provide apartment-style housing and congregate dining and to assure that assisted living services are available. All or a designated number of apartments in the facility shall be restricted to low- and moderate-income households.

The unit of credit shall be the apartment. However, a two-bedroom apartment shall be eligible for two units of credit if it is restricted to two unrelated individuals.

A recipient of a Medicaid waiver shall automatically qualify as a low- or moderate-income household.

Assisted living units are considered age-restricted housing in a HEFSP and shall be included with the maximum number of units that may be age-restricted.

Low- and moderate-income residents cannot be charged any upfront fees.

The units shall comply with UHAC with the following exceptions:

Affirmative marketing (N.J.A.C. 5:80-26.16); provided that the units are restricted to recipients of Medicaid waivers;

The deed restriction may be on the facility, rather than individual apartments or rooms;

Low/moderate income split and affordability average (N.J.A.C. 5:80-26.4); only if all of the affordable units are affordable to households at a maximum of 60% of median income; and

Tenant income eligibility (N.J.A.C. 5:80-26.14); up to 80% of an applicant's gross income may be used for rent, food and services based on occupancy type and the affordable unit must receive the same basic services as required by the Agency's underwriting guidelines and financing policies. The cost of non-housing related services shall not exceed one and two-thirds times the rent established for each unit.

Supportive housing and group homes (per N.J.A.C. 5:97-6.10).

The following provisions shall apply to group homes, residential health care facilities, and supportive shared living housing:

Units are subject to Affirmative Marketing requirements, household certification, and administrative agent oversight; and may, with the approval of the municipal housing liaison and the administrative agent, be leased either by the bedroom or to a single household in the case of multi-bedroom configurations, provided such arrangement is consistent with the Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968).

Units may, with the approval of the administrative agent, be subject to a master lease by an approved supportive housing operator, provided that all subleases are to be certified supportive housing households and remain fully subject to the affordability controls of this subchapter. Rents for supportive housing units shall not exceed the rent standards established and published by the New Jersey Department of Human Services.

The unit of credit shall be the bedroom. However, the unit of credit shall be the unit if occupied by a single person or household.

Housing that is age-restricted shall be included with the maximum number of units that may be age-restricted pursuant to the Act.

Occupancy shall not be restricted to youth under 18 years of age.

In affordable developments with 20 or more restricted units that are supportive housing, two-bedroom units must compose at least 5% of those restricted units.

The bedrooms and/or units shall comply with UHAC with the following exceptions:

Affirmative marketing; however, group homes, residential health care facilities, permanent supportive housing, and supportive shared living housing shall be affirmatively marketed to broadest possible population of qualified individuals with special needs in accordance with a plan approved by the sponsoring program;

Affordability average and bedroom distribution (N.J.A.C. 5:80-26.4).

With the exception of units established with capital funding through a twenty-year operating contract with the Department of Human Services, Division of Developmental Disabilities, group homes, residential health care facilities, supportive shared living housing and permanent supportive housing shall have the appropriate controls on affordability in accordance with the Act. In the event that a supportive housing provider is unable to record or execute a long-term deed restriction, the units shall be subject to annual recertification by the Municipal Housing Liaison to confirm continued occupancy and compliance with this section.

Objective standards shall be applied in the selection of tenants for supportive housing units and shall be designed to ensure that individuals are not excluded in an arbitrary or capricious manner.

10.

The following documentation shall be submitted by the sponsor to the Township prior to marketing the completed units or facility:

An Affirmative Marketing Plan; and

If applicable, proof that the supportive and/or special needs housing is regulated by the New Jersey Department of Health and Senior Services, the New Jersey Department of Human Services or another State agency in accordance with the requirements of this section, which includes validation of the number of bedrooms or units in which low- or moderate-income occupants reside.

11.

The sponsor/owner shall complete annual monitoring as directed by the MHL.

Market to affordable program (per N.J.A.C. 5:97-6.9).

The market to affordable program permits the purchase or subsidization of unrestricted units through a mortgage write-down provided to an income-certified buyer or through a sale or rental as a low- or moderate-income unit to an income-eligible household. The market to affordable program may produce both low- and moderate-income units.

At the time they are offered for sale or rental, eligible units may be new, pre-owned or vacant.

The units shall be certified to be in sound condition as a result of an inspection performed by a licensed building inspector.

A minimum subsidy of $25,000 per moderate-income unit and/or $30,000 per low-income unit shall be provided, with additional subsidy depending on the market prices or rents in a municipality.

The units shall comply with UHAC with the following exceptions:

Bedroom distribution (N.J.A.C. 5:80-26.4).

Low/moderate income split (N.J.A.C. 5:80-26.4).

Affordability average (N.J.A.C. 5:80-26.4); however:

The maximum rent for a moderate-income unit shall be affordable to households earning no more than 60% of median income and the maximum rent for a low-income unit shall be affordable to households earning no more than 44% of median income; and

The maximum sales price for a moderate-income unit shall be affordable to households earning no more than 70% of median income and the maximum sales price for a low-income unit shall be affordable to households earning no more than 40% of median income.

Regional income limits.

Administrative agents shall use the current regional income limits for the purpose of pricing affordable units and determining income eligibility of households.

Regional income limits are based on regional median income, which is established by a regional weighted average of the "median family incomes" published by HUD. The procedure for computing the regional median income is detailed in N.J.A.C. 5:80-26.3.

Updated regional income limits are effective as of the effective date of the regional Section 8 income limits for the year, as published by HUD, or 45 days after HUD publishes the regional Section 8 income limits for the year, whichever comes later. The new income limits may not be less than those of the previous year.

Maximum initial 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 N.J.A.C. 5:80-26.4.

The average rent for all restricted units within each affordable housing development shall be affordable to households earning no more than 52% of regional median income.

The maximum rent for restricted rental units within each affordable housing development shall be affordable to households earning no more than 60% of regional median income.

The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both low-income and moderate-income units, provided that at least 13% of all low- and moderate-income rental units shall be affordable to households earning no more than 30% of median income. These very low-income units shall be part of the low-income requirement and very-low-income units should be distributed between each bedroom count as proportionally as possible, to the nearest whole unit, to the total number of restricted units within each bedroom count.

The maximum sales price of restricted ownership units within each affordable housing development shall be affordable to households earning no more than 70% of median income, and each affordable housing development must achieve an affordability average that does not exceed 55% for all restricted ownership units. In achieving this affordability average, moderate-income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type when the number of low- and moderate-income units permits.

The master deeds and declarations of covenants and restrictions for affordable developments may not distinguish between restricted units and market-rate units in the calculation of any condominium or homeowner association fees and special assessments to be paid by low- and moderate-income purchasers and those to be paid by market-rate purchasers. Notwithstanding the foregoing sentence, condominium units subject to a municipal ordinance adopted before December 20, 2004, which ordinance provides for condominium or homeowner association fees and/or assessments different from those provided for in this subsection are governed by the ordinance.

In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted family units, the following standards shall be met:

A 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 and sales prices for compliance with the affordability average requirements for restricted units in assisted living facilities and age-restricted and special needs and supportive housing developments, the following standards shall be met:

A 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. Where pricing is based on two one-person households, the developer shall provide a list of units so priced to the Municipal Housing Liaison and the Administrative Agent.

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 Freddie Mac thirty-year Fixed Rate-Mortgage rate of interest), property taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 30% of the eligible monthly income of the appropriate size household as determined pursuant to N.J.A.C. 5:80-26.7, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.4, as may be amended and supplemented.

The initial rent for a restricted rental unit shall be calculated so that the total monthly housing expense, including an allowance for tenant-paid utilities, does not exceed 30% of the gross monthly income of a household of the appropriate size whose income is targeted to the applicable percentage of median income for the unit, as determined pursuant to N.J.A.C. 5:80-26.3, as may be amended and supplemented. The rent shall also comply with the affordability-average requirement of N.J.A.C. 5:80-26.4, as may be amended and supplemented. The initial rent for a restricted rental unit shall be calculated so the eligible monthly housing expenses/income, including an allowance for tenant-paid utilities does not exceed 30% of gross income of and the appropriate household size as determined pursuant to N.J.A.C. 5:80-26.3, as may be amended and supplemented.

At the anniversary date of the tenancy of the certified household occupying a restricted rental unit, following proper notice provided to the occupant household pursuant to N.J.S.A. 2A:18-61.1.f, the rent may be increased to an amount commensurate with the annual percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U), specifically U.S. Bureau of Labor Statistics Series CUUR0100SAH, titled "Housing in Northeast urban, all urban consumers, not seasonally adjusted." Rent increases for units constructed pursuant to Low-Income Housing Tax Credit regulations shall be indexed pursuant to the regulations governing Low-Income Housing Tax Credits.

Affirmative marketing.

The Township shall adopt, by resolution, an Affirmative Marketing Plan, subject to approval of the Superior Court, compliant with N.J.A.C. 5:80-26.16, as may be amended and supplemented.

The Affirmative Marketing Plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age, or number of children, to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The Affirmative Marketing Plan is intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward Housing Region 4 and is required to be followed throughout the period of deed restriction.

The Affirmative Marketing Plan provides the following preferences, provided that units that remain unoccupied after these preferences are exhausted may be offered to households without regard to these preferences.

Where the Township has entered into an agreement with a developer or residential development owner to provide a preference for very-low-,low-, and moderate-income veterans who served in time of war or other emergency, pursuant to N.J.S.A. 52:27D-311.i, there shall be a preference for veterans for up to 50% of the restricted rental units in a particular project.

There shall be a regional preference for all households that live and/or work in Housing Region 4 comprising Mercer, Monmouth and Ocean Counties.

The Township has the ultimate responsibility for adopting the Affirmative Marketing Plan and for the proper administration of the Affirmative Marketing Process, including the marketing of initial sales and rentals and resales and re-rentals. The Administrative Agent designated by the Township shall implement the Affirmative Marketing Process to ensure the Affirmative Marketing of all affordable units, except for units in affordable programs that are exempt from Affirmative Marketing as noted herein.

The Affirmative Marketing Process shall describe the media to be used in advertising and publicizing the availability of housing. In implementing the Affirmative Marketing Process, the Administrative Agent shall consider the use of language translations where appropriate.

Applications for affordable housing or notices thereof, if offered online, shall be available in several locations, including, at a minimum, the County Administration Building and/or the County Library for each county within the housing region; the Town Hall and Hamilton Public Library; and the developer's rental or sales office. The developer shall mail applications to prospective applicants upon request and shall make applications available through a secure online website address.

In addition to other Affirmative Marketing strategies, the Administrative Agent shall provide specific notice of the availability of affordable housing units on the New Jersey Housing Resource Center website. Additional notice shall be provided to FSHC; the Latino Action Network; the New Jersey State Conference of the NAACP, Trenton NAACP and the Supportive Housing Association. Any other entities, including developers or persons or companies retained to implement the Affirmative Marketing Process, shall comply with this paragraph.

In implementing the Affirmative Marketing Process, the Administrative Agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.

The Affirmative Marketing Process for available affordable units shall begin at least four months (120 days) prior to the expected date of occupancy.

The cost to affirmatively market the affordable units shall be the responsibility of the developer, sponsor or owner, with the exception of Affirmative Marketing for resales. The cost of resales may be supplemented by the municipality.

Selection of occupants of affordable housing units.

The Administrative Agent shall use a random selection process to select occupants of very low-, low- and moderate-income housing.

A pool of interested households will be maintained in accordance with the provisions of N.J.A.C. 5:80-26.16.

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:

Ensure each bedroom is occupied by at least one person, except for age-restricted and supportive and special needs housing units;

Provide a bedroom for every two adult occupants;

With regard to occupants under the age of 18, accommodate the household's requested arrangement, except that such arrangement may not result in more than two occupants under the age of 18 occupying any bedroom; and

Avoid placing a one-person household into a unit with more than one bedroom.

Control periods for restricted ownership units and enforcement mechanisms.

Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.6, as may be amended and supplemented, and each restricted ownership unit shall remain subject to the controls on affordability for a period of at least 30 years subject to the requirements of N.J.A.C. 5:80-26.6, as may be amended and supplemented.

Rehabilitated housing units that are improved to code standards shall be subject to affordability controls for a period of not less than 10 years (crediting towards present need only).

The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit. The date of commencement shall be identified in the deed restriction.

If existing affordability controls are being extended, the extended control period for a restricted ownership unit commences on the effective date of the extension, which is the end of the original control period.

After the end of any control period, the restricted ownership unit remains subject to the affordability controls set forth in this subchapter until the owner gives notice of their intent to make an exit sale, at which point:

If the Township exercises the right to extend the affordability controls on the unit, no exit sale occurs and a new control period commences; or

If the Township does not exercise the right to extend the affordability controls on the unit, the affordability controls terminate following the exit sale.

Prior to the issuance of any building permit for the construction/rehabilitation of restricted ownership units, the developer/owner and the Township shall record a preliminary instrument provided by the Administrative Agent.

Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each successive sale during the period of restricted ownership, the Administrative Agent shall determine the restricted price for the unit and shall also determine the nonrestricted, fair market value of the unit based on either an appraisal or the unit's equalized assessed value without the restrictions in place.

At the time of the initial sale of the unit and upon each successive price-restricted sale, the initial purchaser shall execute and deliver to the Administrative Agent a recapture note obliging the purchaser, as well as the purchaser's heirs, successors, and assigns, to repay, upon the first non-exempt sale after the unit's release from the restrictions set forth in this section, an amount equal to the difference between the unit's non-restricted fair market value and its restricted price, and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit.

The affordability controls set forth in this section shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to price-restricted ownership units.

Price restrictions for restricted ownership units and resale prices.

Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.7, as may be amended and supplemented, including:

The initial purchase price and affordability percentage for a restricted ownership unit shall be set 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 standards set forth in N.J.A.C. 5:80-26.7.

If the resale occurs prior to the one-year anniversary of the date on which title to the unit was transferred to a certified household, the maximum resale price for a is the most recent non-exempt purchase price.

If the resale occurs on or after such anniversary date, the maximum resale price is the most recent non-exempt purchase price increased to reflect the cumulative annual percentage increases to the regional median income, effective as of the same date as the regional median income calculated pursuant to N.J.A.C. 5:80-26.3.

The owners of restricted ownership units may apply to the Administrative Agent to increase the maximum sales price for the unit on the basis of anticipated capital improvements. Eligible capital improvements shall be:

Those that render the unit suitable for a larger household or the addition of a bathroom.

The maximum resale price may be further increased by an amount up to the cumulative dollar value of approved capital improvements made after the last non-exempt sale for improvements and/or upgrades to the unit, excluding capital improvements paid for by the entity favored on the recapture note and recapture lien described at N.J.A.C. 5:80-26.6(d);

No increase for capital improvements is permitted if the maximum resale price prior to adjusting for capital improvements already exceeds whatever initial purchase price the unit would have if it were being offered for purchase for the first time at the initial affordability percentage. All adjustments for capital improvements are subject to ten-year, straight-line depreciation.

Upon the resale of a restricted ownership unit, all items of property that are permanently affixed to the unit or were included when the unit was initially restricted (for example, refrigerator, range, washer, dryer, dishwasher, wall-to-wall carpeting) shall be included in the maximum allowable resale price. Other items may be sold to the purchaser at a reasonable price that has been approved by the Administrative Agent at the time of the signing of the agreement to purchase but shall be separate and apart from any contract of sale for the underlying real estate. The purchase of central air conditioning installed subsequent to the initial sale of the unit and not included in the base price may be made a condition of the unit resale provided the price of the air conditioning equipment, which shall be subject to ten-year, straight-line depreciation, has been approved by the Administrative Agent. Unless otherwise approved by the Administrative Agent, the purchase of any property other than central air conditioning shall not be made a condition of the unit resale. The seller and the purchaser must personally certify at the time of closing that no unapproved transfer of funds for the purpose of selling and receiving property has taken place at the time of or as a condition of resale.

Buyer income eligibility.

Buyer income eligibility for restricted ownership units shall be established pursuant to N.J.A.C. 5:80-26.17, as may be amended and supplemented, such that very low-income ownership units shall be reserved for occupancy by households with a gross household income less than or equal to 30% of median income, low-income ownership units shall be reserved for occupancy by households with a gross household income less than or equal to 50% of median income and moderate-income ownership units shall be reserved for occupancy by households with a gross household income less than 80% of median income.

Notwithstanding the foregoing, the Administrative Agent may, upon approval by the Township, and subject to the Division's approval, permit a moderate-income purchaser to buy a low-income unit if and only if the Administrative Agent can demonstrate that there is an insufficient number of eligible low-income purchasers in the housing region to permit prompt occupancy of the unit and all other reasonable efforts to attract a low-income purchaser, including pricing and financing incentives, have failed. Any such low-income unit that is sold to a moderate-income household shall retain the required pricing and pricing restrictions for a low-income unit. Similarly, the administrative agent may permit low-income purchasers to buy very-low-income units in housing markets where, as determined by the Division, units are reserved for very-low-income purchasers, but there is an insufficient number of very-low-income purchasers to permit prompt occupancy of the units. In such instances, the purchased unit must be maintained as a very-low-income unit and sold at a very-low-income price point such that on the next resale the unit will still be affordable to very-low-income households and able to be purchased by a very-low-income household. A very-low-income unit that is seeking bonus credit pursuant to N.J.S.A. 52:27D-311.k(9) must first be advertised exclusively as a very-low-income unit according to the Affirmative Marketing requirements at N.J.A.C. 5:80-26.16, then advertised as a very-low-income or low-income unit for at least 30 additional days prior to referring any low-income household to the unit.

A certified household that purchases a restricted ownership unit must occupy it as the certified household's principal residence and shall not lease the unit; provided, however, that the Administrative Agent may permit the owner of a restricted ownership unit, upon application and a showing of hardship, to lease the restricted unit to another certified household for a period not to exceed one year.

The Administrative Agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, property taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 35% of the household's eligible monthly income; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:

The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for housing expenses, and the proposed housing expenses will reduce its housing costs;

The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for housing expenses in the past and has proven its ability to pay; or

The household is currently in substandard or overcrowded living conditions;

The household documents the existence of assets, within the asset limitation otherwise applicable, with which the household proposes to supplement the rent payments.

Limitations on indebtedness secured by ownership unit; subordination.

Prior to incurring any indebtedness to be secured by a restricted ownership unit, the owner shall apply to the Administrative Agent for a determination in writing that the proposed indebtedness complies with the provisions of this Section, and the Administrative Agent shall issue such determination prior to the owner incurring such indebtedness.

With the exception of original purchase money mortgages, neither an owner nor a lender shall at any time during the control period cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of that unit, as such price is determined by the Administrative Agent in accordance with N.J.A.C. 5:80-26.7(c).

Control periods for restricted rental units.

Control periods for units that meet the definition of prior round units shall be pursuant to the 2001 UHAC rules originally adopted October 1, 2001, 33 N.J.R. 3432, and amended December 20, 2004, 36 N.J.R. 5713 and shall remain subject to the requirements of this ordinance for a period of at least 30 years as applicable unless otherwise indicated.

Other than for prior round units, control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.12, as may be amended and supplemented, and each restricted rental unit shall remain subject to the requirements of this section for a period of at least 40 years. Restricted rental units created as part of developments receiving 9% Low-Income Housing Tax Credits must comply with a control period of not less than a thirty-year compliance period plus a fifteen-year extended use period for a total of 45 years.

The affordability control period for a restricted rental unit shall commence on the first date that a unit is issued a certificate of occupancy following the execution of the deed restriction or, if affordability controls are being extended, on the effective date of the extension, which is the end of the original control period.

Rehabilitated renter-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of not less than 10 years.

Prior to the issuance of any building permit for the construction/rehabilitation of restricted rental units, the developer/owner and the Township shall record a preliminary instrument provided by the Administrative Agent.

Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property. The deed restriction shall be recorded by the developer with the county records office, and provided as filed and recorded, to the Administrative Agent within 30 days of the receipt of a certificate of occupancy.

A restricted rental unit shall remain subject to the affordability controls of this Ordinance 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;

The entry and enforcement of any judgment of foreclosure on the property containing the unit; or

The end of the control period, until the occupant household vacates the unit, or is certified as over-income and the controls are released in accordance with UHAC.

Rent restrictions for rental units; leases and fees.

The initial rent for a restricted rental unit shall be set by the Administrative Agent.

A written lease shall be required for all restricted rental units, except for units in an assisted living residence, and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be retained on file by the Administrative Agent.

No additional fees, operating costs, or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the Administrative Agent.

Operating costs, for the purposes of this section, include certificate of occupancy fees, move-in fees, move-out fees, mandatory internet fees, mandatory cable fees, mandatory utility submetering fees, and for developments with more than one and a half off-street parking spaces per unit, parking fees for one parking space per household.

Any fee structure that would remove or limit affordable unit occupant access to any amenities or services that are required or included for market-rate unit occupants is prohibited. Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit to be applied to the costs of administering the controls applicable to the unit as set forth in this section.

Fees for unit-specific, non-communal items that are charged to market-rate unit tenants on an optional basis, such as pet fees for tenants with pets, storage spaces, bicycle-share programs, or one-time rentals of party or media rooms, may also be charged to affordable unit tenants, if applicable.

Pet fees may not exceed $30 per month and associated one-time payments for optional fees pertaining to pets, such as a pet cleaning fee, are prohibited.

Fees charged to affordable unit tenants for other optional, unit-specific, non-communal items shall not exceed the amounts charged to market-rate tenants.

For any prior round rental unit leased before December 20, 2024, elements of the existing fee structure that are consistent with prior rules, but inconsistent with N.J.A.C. 5:80-26.13(c)1, may continue until the occupant household's current lease term expires or that occupant household vacates the unit, whichever occurs later.

Tenant income eligibility.

Tenant income eligibility shall be determined pursuant to N.J.A.C. 5:80-26.14, as may be amended and supplemented, and shall be determined as follows:

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

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

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

The Administrative Agent shall certify a household as eligible for a restricted rental unit when the household is a very low-income, low-income or moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.17, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:

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 reliable anticipated third-party assistance from an outside source such as a family member in a form acceptable to the Administrative Agent and the owner of the unit.

The applicant shall file documentation sufficient to establish the existence of any of the circumstances in the above sections with the Administrative Agent, who shall counsel the household on budgeting.

Municipal Housing Liaison.

The Municipal Housing Liaison shall be approved by municipal resolution.

The Municipal Housing Liaison shall be approved by the Division, or is in the process of getting approval, and fully or conditionally meets the requirements for qualifications, including initial and periodic training as set forth in in N.J.A.C. 5:99-1 et seq.

The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program, including the following responsibilities, which may not be contracted out to the Administrative Agent:

Serving as the primary point of contact for all inquiries from the Affordable Housing Dispute Resolution Program, the State, affordable housing providers, administrative agents and interested households.

The oversight of the Affirmative Marketing Plan and affordability controls.

When applicable, overseeing and monitoring any contracting Administrative Agent.

Overseeing the monitoring of the status of all restricted units listed in the Fair Share Plan.

Verifying, certifying and providing annual information within AHMS at such time and in such form as required by the Division.

Coordinating meetings with affordable housing providers and administrative agents, as needed.

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

Overseeing the recording of a preliminary instrument in the form set forth at N.J.A.C. 5:80-26.1 for each affordable housing development.

Coordinating with the Administrative Agent, municipal attorney and municipal Construction Code Official to ensure that permits are not issued unless the document required in the above sections has been duly recorded.

Listing on the municipal website contact information for the MHL and Administrative Agents.

Administrative Agent.

All municipalities that have created or will create affordable housing programs and/or affordable units shall designate or approve, for each project within its HEFSP, an administrative agent to administer the affordable housing program and/or affordable housing units in accordance with the requirements of the FHA, NJAC 5:99-1 et seq. and UHAC.

The fees for administrative agents shall be paid as follows:

Administrative agent fees related to rental units shall be paid by the developer/owner.

Administrative agent fees related to initial sale of units shall be paid by the developer.

Administrative agent fees related to resales shall be paid by the seller of the affordable home.

Administrative agent fees related to ongoing administration and enforcement shall be paid by the Township.

An Operating Manual for each affordable housing program shall be provided by the Administrative Agent(s). The Operating Manual(s) shall be available for public inspection in the Office of the Clerk and in the office(s) of the Administrative Agent(s). Operating manuals shall be adopted by resolution of the Governing Body.

Subject to the role of the Administrative Agent(s), the duties and responsibilities as are set forth in N.J.A.C. 5:99-7 and which are described in full detail in the Operating Manual, including those set forth in UHAC, include:

Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Division:

Affirmative marketing:

Conducting an outreach process to affirmatively market affordable housing units in accordance with the Affirmative Marketing Plan of the Township and the provisions of N.J.A.C. 5:80-26.16.

Providing counseling, or contracting to provide counseling services, to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements; and landlord/tenant law.

Household certification.

Soliciting, scheduling, conducting and following up on interviews with interested households.

Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate-income unit;

Providing written notification to each applicant as to the determination of eligibility or non-eligibility within five days of the determination thereof.

Requiring that all certified applicants for restricted units execute a certificate substantially in the firm, as applicable, of either the ownership or rental certificates set forth in the Appendices J and K of N.J.A.C. 5:80-26.1 et seq.

Creating and maintaining a referral list of eligible applicant households living in the housing region, and eligible applicant households with members working in the housing region, where the units are located.

Employing a random selection process as provided in the Affirmative Marketing Plan when referring households for certification to affordable units.

Affordability controls.

Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for the recording at the time of conveyance of title of each restricted unit.

Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and filed properly with the County Register of Deeds or County Clerk's office after the termination of the affordability controls for each restricted unit in accordance with UHAC.

Communicating with lenders and the Municipal Housing Liaison regarding foreclosures.

Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.11.

Records retention.

Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded recapture mortgage, and note, as appropriate.

Records received, retained, retrieved, or transmitted in furtherance of crediting affordable units of a Township constitute public records of the Township as defined by N.J.S.A. 47:3-16, and are legal property of the Township.

Resales and re-rentals.

Instituting and maintaining an effective means of communicating information between owners and the Administrative Agent regarding the availability of restricted units for resale or re-rental.

Instituting and maintaining an effective means of communicating information to very low-, low-, or moderate-income households regarding the availability of restricted units for resale or re-rental.

Processing requests from unit owners.

Reviewing and approving requests from owners of restricted units who wish to refinance or take out home equity loans during the term of their ownership to determine that the amount of indebtedness to be incurred will not violate the terms of this ordinance.

Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the depreciated cost of central air conditioning systems.

Notifying the Township of an owner's intent to sell a restricted unit.

Making determinations on requests by owners of restricted units for hardship waivers.

Enforcement.

Securing annually from the Township a list of all affordable ownership units for which property tax bills are mailed to absentee owners, and notifying all such owners that they must either move back to their unit or sell it;

Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the Administrative Agent;

Sending annual mailings to all owners of affordable dwelling units reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.19(d)4;

Establishing a program for diverting unlawful rent payments to the Municipal Affordable Housing Trust Fund; and

Creating and publishing a written operating manual for each affordable housing program administered by the Administrative Agent setting forth procedures for administering the affordability controls.

The Administrative Agent(s) shall, as delegated by the Township, have the authority to take all actions necessary and appropriate to carry out its/their responsibilities, herein.

Responsibilities of the owner of a development containing affordable units.

The owner of all developments containing affordable units subject to this subchapter or the assigned management company thereof shall provide to the administrative agent:

Site plan, architectural plan, or other plan that identifies the location of each affordable unit, if subject to the site plan approval, settlement agreement, or other applicable document regulating the location of affordable units. The administrative agent shall determine the location of affordable units if not set forth in the site plan approval, settlement agreement, or other applicable document.

The total number of units in the project and the number of affordable units.

The breakdown of the affordable units by or identification of affordable unit locations by bedroom count and income level, including street addresses / unit numbers, if subject to the site plan approval, settlement agreement, or other applicable document regulating the breakdown of affordable units. The administrative agent shall determine the bedroom and income distribution if not set forth in the site plan approval, settlement agreement, or other applicable document.

Floor plans of all affordable units, including complete and accurate identification of all rooms and the dimensions thereof.

A projected construction schedule.

The location of any common areas and elevators.

The name of the person who will be responsible for official contact with the administrative agent for the duration of the project, which must be updated if the contact changes.

In addition to § 550-168V(1) above, the owner of rental developments containing affordable rental units subject to this subchapter or the assigned management company thereof shall:

Send to all current tenants in all restricted rental units an annual mailing containing a notice as to the maximum permitted rent and a reminder of the requirement that the unit must remain their principal place of residence, which is defined as residing in the unit at least 260 days out of each calendar year, together with the telephone number, mailing address, and email address of the administrative agent to whom complaints of excess rent can be issued.

Provide to the administrative agent a description of any applicable fees.

Provide to the administrative agent a description of the types of utilities and which utilities will be included in the rent.

Agree and ensure that the utility configuration established at the start of the rent-up process not be altered at any time throughout the restricted period.

Provide to the administrative agent a proposed form of lease for any rental units.

Ensure that the tenant selection criteria for the applicants for affordable units not be more restrictive that the tenant selection criteria for applicants for non-restricted units.

Strive to maintain the continued occupancy of the affordable units during the entire restricted period.

In addition to § 550-168V(1), above, the owner of affordable for-sale developments containing affordable for-sale units subject to this subchapter or the assigned management company thereof shall provide the administrative agent:

Proposed pricing for all units, including any purchaser options and add-on items.

Condominium or homeowner association fees and any other applicable fees.

Estimated real property taxes.

Sewer, water, trash disposal, and any other utility assessments.

Flood insurance requirement, if applicable.

The State-approved planned real estate development public offering statement and/or master deed, where applicable, as well as the full build-out budget.

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 Township 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 an affordable unit and advising the owner, developer or tenant of the penalties for such violations, the Township 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 Township 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, unless otherwise specified below, provided that each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not a continuation of the initial offense;

In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Affordable Housing Trust Fund of the gross amount of rent illegally collected;

In the case of an owner who has rented his or her affordable unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the Court.

The Township shall have the authority to levy fines against the owner of the development for instances of noncompliance with NJHRC advertising requirements [N.J.S.A. 52:27D-321.6.e.(2)], following written notice to the owner. The fine for the first offense of noncompliance shall be $5,000, the fine for the second offense of noncompliance shall be $10,000, and the fine for each subsequent offense of noncompliance shall be $15,000.

The Township may file a court action in the Superior Court seeking a judgment, which would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the low- or moderate-income unit.

Such judgment shall be enforceable, at the option of the Township, by means of an execution sale by the Sheriff, at which time the affordable unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the Township, 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- or moderate-income unit. The excess, if any, shall be applied to reimburse the Township 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 Township in full as aforesaid, the violating owner shall be personally responsible for the full extent of such deficiency, in addition to any and all costs incurred by the Township in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus shall be placed in escrow by the Township for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the Township for such. Failure of the owner to claim such balance within the two year period shall automatically result in a forfeiture of such balance to the Township. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the Township, whether such balance shall be paid to the owner or forfeited to the Township.

Foreclosure due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as they apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.

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 Township may acquire title to the affordable unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the affordable unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess that would have been realized from an actual sale as previously described.

Failure of the low- or moderate-income unit to be either sold at the Sheriff's sale or acquired by the Township shall obligate the owner to accept an offer to purchase from any qualified purchaser that may be referred to the owner by the Township, with such offer to purchase being equal to the maximum resale price of the low- or moderate-income unit as permitted by the regulations governing affordable housing units.

The affordable unit owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner.

It is the responsibility of the municipal housing liaison and the administrative agent(s) to ensure that affordable housing units are administered properly. All affordable units must be occupied within a reasonable amount of time and be re-leased within a reasonable amount of time upon the vacating of the unit by a tenant. If an administrative agent or municipal housing liaison becomes aware of or suspects that a developer, landlord, or property manager has not complied with these regulations, it shall report this activity to the Division. The Division must notify the developer, landlord, or property manager, in writing, of any violation of these regulations and provide a thirty-day cure period. If, after the thirty-day cure period, the developer, landlord, or property manager remains in violation of any terms of this subchapter, including by keeping a unit vacant, the developer, landlord, or property manager may be fined up to the amount required to construct a comparable affordable unit of the same size and the deed-restricted control period will be extended for the length of the time the unit was out of compliance, in addition to the remedies provided for in this section. For the purposes of this subsection, a reasonable amount of time shall presumptively be 60 days, unless a longer period of time is required due to demonstrable market conditions and/or failure of the municipal housing liaison or the administrative agent to refer a certified tenant.

Banks and other lending institutions are prohibited from issuing any loan secured by owner occupied real property subject to the affordability controls set forth in this subchapter if such loan would be in excess of amounts permitted by the restriction documents recorded in the deed or mortgage book in the county in which the property is located. Any loan issued in violation of this subsection is void as against public policy.

The Agency and the Department hereby reserve, for themselves and for each administrative agent appointed pursuant to this section, all of the rights and remedies available at law and in equity for the enforcement of this subchapter, including, but not limited to, fines, evictions, and foreclosures as approved by a county-level housing judge.

Appeals from all decisions of an administrative agent appointed pursuant to this subchapter must be filed, in writing, with the municipal housing liaison. A decision by the municipal housing liaison may be appealed to the Division. A written decision of the Division Director upholding, modifying, or reversing an administrative agent's decision is a final administrative action.

§ 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]