Township of Robbinsville, NJ Development Application Review Procedures

A construction permit for or change in tenancy of a single-family detached dwelling unit and its accessory building(s), except that construction of private sports courts and swimming pools shall be subject to site plan review and approval.

Any addition or alteration to an existing conforming, nonresidential structure which does not account for more than 20% additional building coverage may be exempt from formal site plan approval and may be eligible for administrative site plan approval, provided the property owner complies with the following conditions:

Application shall be made to the Technical Review Committee seeking waiver of formal site plan review. The applicant shall provide a sketch of the property locating the proposed addition and the size thereof along with any improvements required to accommodate the proposed building addition. Fees as may be established by the governing body shall accompany the application.

Exemption requests shall not be considered if the applicant or its predecessor in ownership or occupancy has obtained a site plan exemption for an addition less than five years prior to the date of the request.

The addition may not exceed 5,000 square feet.

Any square footage necessitated for compliance with the Americans With Disabilities Act shall not be included in determining the 20% or five-thousand-square-foot limit.

The application shall be reviewed informally by the Technical Review Committee in order to address issues of ingress, egress and drainage.

The applicant shall still be required to post the appropriate bond and escrow fees.

Any minor site plan, as defined in this chapter, may be exempt from formal site plan approval by the Land Use Board and may be eligible for administrative site plan approval where the proposed disturbance or structure is less than 5,000 square feet or 20% of the gross lot area (whichever is less) and where the Technical Review Committee determines that no adverse impacts will occur from such proposed development and the application does not require any variance relief from any provisions of this chapter.

[Amended 7-20-2022 by Ord. No. 2022-27]

The applicant agrees that in the event a site plan waiver or administrative site plan approval is not granted by the Technical Review Committee, it will be required to file a formal site plan application. The Technical Review Committee shall review the request for site plan waiver taking into account any on-site, off-site, or off-tract improvements which may be required as a result of the proposed addition; the impact the proposed addition may have on surrounding properties; and any other impact the proposed addition might have which could have a deleterious effect on the safety or health of the owners of other properties in the surrounding neighborhood of the Township at large, thereby making formal site plan approval by the Land Use Board necessary. The applicant shall be required to comply with any conditions imposed by the Technical Review Committee with the grant of a waiver or may elect, in the alternative, to seek formal site plan approval.

[Amended 7-20-2022 by Ord. No. 2022-27]

Form.

Whenever an application for development to the Land Use Board is permitted or required by this chapter, it shall be in such form, and accompanied by such maps, documents and materials as are prescribed by this chapter, and shall be submitted to the administrative officer in such number as is prescribed by this chapter or by rule of the Board.

[Amended 7-20-2022 by Ord. No. 2022-27]

The administrative officer shall prepare and furnish to applicants standard application forms which shall require the following information:

The applicant's name, address and telephone number.

The owner's name, address and telephone number.

Interest of the applicant in the property.

Ownership of the applicant.

The name, address and telephone number of the applicant's attorney, if represented.

The street address of the property.

The tax lot and block number of the property.

(h)

The zone district in which the property is situated.

(i)

A description of the property.

(j)

A description of the proposed development.

(k)

The type of application.

(l)

The specific relief requested.

(m)

Sufficient information to facilitate review of the proposed development in light of the criteria and standards applicable to the application for development.

Completeness of application. An application for development shall be complete for the purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. In the event that the agency, committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon expiration of the forty-five-day period for the purposes of commencing the applicable time period unless the application lacks information indicated on a checklist provided to the applicant pursuant to Subsection E, and the municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of the submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in this chapter, or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of such additional information or any revision in the accompanying documents so required by the municipal agency.

Checklists.

All applications for development approvals by the Land Use Board shall be accompanied by the appropriate checklist from those checklists which are hereby adopted and are on file and available for public inspection in the offices of the Municipal Clerk and Planning/Zoning Secretary. Failure to submit the appropriate checklist shall be deemed grounds for declaring an application incomplete.

[Amended 10-17-2017 by Ord. No. 2017-27; 7-20-2022 by Ord. No. 2022-27]

Future revisions to any checklist shall be made by amendment to the appropriate section of this chapter.

All applications for development shall be accompanied by the checklist(s) for the relief sought.

[Amended 2-9-2018 by Ord. No. 2018-5; 11-24-2021 by Ord. No. 2021-29]

In addition, submission of the required application form and the required application fee is necessary for a complete application.

§ 142-75 Submission of sketch plats and sketch plans.

A conceptual sketch of the proposed subdivision or site plan is not required but is strongly recommended. The submission of a conceptual sketch affords the applicant the opportunity to discuss the proposal in its formative stages and receive the advice of the Board.

Procedure for submitting sketch plats and sketch plans.

Submit to the administrative officer at least 14 days, but no more than 21 days, prior to the first regularly scheduled monthly meeting of the Board (in the case of the Land Use Board, such submission will be prior to the regularly scheduled agenda meeting of that Board) 14 copies of the sketch of the proposal for purposes of classification, preliminary discussion and appropriate action, five copies of the application, a fee as required in § 142-84 and proof that no taxes or assessments are due or delinquent on the subject property. The administrative officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats and other documents submitted for processing in conjunction with the application.

[Amended 7-20-2022 by Ord. No. 2022-27]

At least 10 days prior to the next regular meeting of the Board, the administrative officer shall retain one copy each of the sketch and application and shall distribute the remaining 11 copies of the sketch and four copies of the application in the following manner:

Chairman of the Board: two copies of the sketch and one copy of the application.

County Planning Board: two copies of the sketch and one copy of the application.

Construction Official and Zoning Officer: one copy of the sketch.

Township Engineer: one copy of the sketch and one copy of the application.

Township Tax Collector: one copy of the sketch.

At the direction of the Board, additional copies shall be sent to other municipal, county, regional, state and federal agencies and officials, including, where applicable, the Federal Aviation Administration and the Delaware and Raritan Canal Commission.

Details required for sketch plats and sketch plans. The submitted sketch shall be based on Tax Map information or some other similarly accurate base and shall be neatly and accurately drawn. The following information shall be included:

A key map showing the entire tract and its relation to the surrounding areas, at a scale of one inch equals not less than 2,000 feet.

Title block:

Name of subdivision or development, municipality and county.

Name and address of subdivider or developer.

Name and address of the owner or owners of record.

Name and address of person preparing the plat or plan.

Scale and North arrow.

Date of original preparation and of each subsequent revision thereof.

Existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the municipal Tax Map.

Subdivision or development boundary line (heavy solid line).

The location of existing and proposed property lines, streets, buildings (with an indication as to whether existing buildings will be retained or removed), parking spaces, loading areas, driveways, watercourses, railroads, bridges, culverts, drainpipes and any natural features, such as wetlands and treed areas, both within the tract and within 100 feet of its boundary.

Contours as shown on the United States Geological Survey topographic sheets.

The approximate location and approximate width of all existing and proposed utility and other easements.

(10)

Zoning district boundaries affecting the tract.

(11)

Proposed buffer and landscaped areas.

Corporate disclosure.

Any corporation or partnership applying to the Land Use Board for permission to subdivide a parcel of land into six or more lots or applying for a variance to construct a multifamily dwelling of 25 or more units or for approval of a site to be used for commercial purposes shall submit to the Board a list of the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be.

[Amended 7-20-2022 by Ord. No. 2022-27]

If another corporation or partnership owns 10% or more of the stock of the applicant corporation, or 10% or greater interest in the applicant partnership, as the case may be, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership until the names and addresses of the noncorporate stockholders and individual partners exceeding the 10% ownership criterion have been listed.

Additional details required for sketches prior to minor subdivision classification.

No plat shall be classified as a minor subdivision unless drawn by a professional engineer or land surveyor licensed to practice in the state and bearing the signature, seal and license number and address of the said professional engineer or land surveyor. The sketch plat shall be drawn at a scale not more than 100 feet to the inch, one of four standard sheet sizes, namely, 8 1/2 inches by 13 inches, 15 inches by 21 inches, 24 inches by 36 inches, or 30 inches by 42 inches, to enable the entire tract to be shown on one sheet, and shall show or include the following information:

Contours as shown on the United States Geological Survey topographic sheets.

Marshes, ponds and land subject to flooding in the subdivision and within 100 feet thereof.

Any proposed change in grading, showing the direction of surface water flow.

If the proposed lot(s) is (are) not served by sanitary sewer, certification must be provided by a licensed professional engineer that the proposed lot(s) can accommodate a septic system without threat to the public health and safety or to the health and safety of the lot(s) owners. For the purposes of such certification, a minimum of two passing percolation tests and a soil log of one of the passing holes shall be required for each lot, such tests and log to be located within the proposed disposal area. The test results and other applicable requirements regulating location(s) of test holes, etc., shall be in compliance with the Individual Sewage Disposal Code of New Jersey[1], Individual Subsurface Sewage Disposal Systems, and shall be so shown on the plat and certified by a licensed professional engineer. All such tests must be witnessed by the Township Engineer, who shall be notified by the developer at least 48 hours prior to the initiation of the tests.

Editor's Note: See Ch. 283, Art. I.

No plat involving any street(s) requiring additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this chapter shall be classified as a minor subdivision unless such additional right-of-way width, either along one or both sides of the streets, as applicable, shall be deeded to the Township or other appropriate governmental agency.

No plat involving any corner lot shall be classified as a minor subdivision unless a sight triangle easement shall be granted as specified in this chapter.

Action by Township.

Any proposed subdivision or development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties may be required to be revised to remove such adverse effect(s) prior to further review, classification or approval by the Board, or, where the remaining portion of the original tract is of sufficient size to be subdivided or developed further, the applicant may be required to submit a sketch of the entire remaining portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any such adverse effect.

If the sketch plat is considered for classification as a minor subdivision, the Board shall act on the proposed plan within 45 days of its complete and proper submission to the administrative officer or within such further time as may be consented to in writing by the applicant. Failure of the Board to act within the prescribed time period shall constitute minor subdivision approval. If classified as a minor subdivision by majority action of the Board, a notation to that effect, including the date of classification, shall be made on the master copy. All prints of the plat shall be signed by the Chairman and Secretary of the Board, or the Acting Chairman or Secretary where either or both may be absent, and returned to the subdivider within one week thereof. No further approval of the subdivision shall be required. In the event that the same is disapproved by the Board, the Secretary of the Board shall, within three days of such action, notify the subdivider of such disapproval and reasons therefor. In acting on the application, the Township shall consider a report received, in writing, from the County Planning Board within 30 days after its receipt of the plat. If a reply is not received from the County Planning Board within 30 days, the sketch plat shall be deemed to have been approved by it.

§ 142-76 Technical Review Committee.

[Amended 10-17-2017 by Ord. No. 2017-27; 4-23-2021 by Ord. No. 2021-13; 7-20-2022 by Ord. No. 2022-27]

A committee to be known as the "Technical Review Committee" is created. The Technical Review Committee shall review all applications for development prior to consideration by the Land Use Board.

The Technical Review Committee shall consist of the Township Engineer, the Planning Consultant, the Land Use Board Attorney, and the Administrative Officer. After initial review of any development application filed with the Township Planning/Zoning Secretary, the application shall be submitted to the Technical Review Committee for review and a determination of completeness.

The Secretary and Chairperson shall be elected by the Committee membership on an annual basis.

The Technical Review Committee shall conduct informal meetings, at the Township Municipal Building, on a monthly basis, or more frequently if required, in order to review development applications. It shall fix a regular meeting schedule which shall be posted in the Municipal Building.

The Technical Review Committee shall be responsible for the determination of the completeness of an application, pursuant to the provisions of N.J.S.A. 40:55D-10.3.

The Technical Review Committee shall advise and assist the Land Use Board in reviewing site plans, subdivision applications and variance applications as to the following:

The sketch plan/subdivision classification.

Proposed meeting dates for processing each application.

The appropriateness of simultaneous review of the preliminary and final subdivision and site plan.

Potential ordinance violations, necessary variances and specific site plan and subdivision considerations.

The technical aspect of the proposed plan, including but not limited to parking and circulation, lighting, signs, landscaping, drainage, building location and design.

An applicant for development shall have the option of appearing before the Technical Review Committee in order to hear comments regarding the application or to discuss the technical aspects of the application. The applicant may elect, if it so chooses, to bring its professional consultants to the Technical Review Committee meeting at which its application is agendized for discussion. The Technical Review Committee, in its exclusive discretion, may allot specific time allocations to the discussion of any application.

Minutes of the Technical Review Committee meeting shall be prepared by the Secretary and distributed to all members of the Land Use Board. The report shall not be binding upon the Land Use Board or the applicant, nor shall the applicant be relieved of any requirements or regulations which have not been addressed in the report.

The Technical Review Committee may promulgate such rules and regulations as it may deem necessary for proper internal administration. A copy of such rules and regulations, when adopted, shall be kept in the Township Office on file with the Municipal Clerk.

The Technical Review Committee shall function in an advisory capacity, having no final authority on any application review. It shall have final authority to the determination of completeness of an application.

All professional fees for Technical Review Committee members shall be paid from the applicant's escrow account which shall be established prior to an application being placed on an agenda for discussion.

§ 142-77 Submission of preliminary plats and preliminary plans.

A preliminary submission is required of all subdivisions classified as major subdivisions and of all development proposals requiring site plan review.

Procedure for submitting preliminary plats and preliminary plans.

The applicant shall submit to the administrative officer at least 14 days, but no more than 21 days, prior to the first regularly scheduled monthly meeting of the Board (in the case of the Land Use Board, such submission will be prior to the regularly scheduled agenda meeting of that Board) 12 copies of the preliminary plat or preliminary plan, five copies of the appropriate application and five copies of any protective covenants or deed restrictions applying to the land being subdivided or developed. Additionally, a fee shall be paid to the administrative officer as specified in § 142-84 of this chapter, and proof shall be provided that no taxes or assessments are due or delinquent on the subject property.

[Amended 7-20-2022 by Ord. No. 2022-27]

At least 10 days prior to the first regularly scheduled monthly meeting of the Board, the administrative officer shall retain one copy each of the preliminary plat or plan, the completed application and any applicable protective covenants or deed restrictions and shall then immediately distribute the remaining 11 copies of the preliminary plat or plan, four copies of the completed application and four copies of any applicable protective covenants or deed restrictions in the following manner:

Chairman of the Board: two copies of the preliminary plat or plan and one copy each of the application and any applicable protective covenants or deed restrictions.

County Planning Board: two copies of the preliminary plat or plan and one copy each of the application and any applicable protective covenants or deed restrictions.

Construction Official and Zoning Officer: one copy of the preliminary plat or plan.

Township Engineer: one copy of the preliminary plat or plan and one copy each of the application and any applicable protective covenants or deed restrictions.

Township Board of Health: one copy of the preliminary plat or plan.

Details required for preliminary plats and preliminary plans. Each submission shall be at a scale of one inch equals 50 feet for a tract up to 40 acres in size; one inch equals 100 feet for a tract between 40 acres and 150 acres; and one inch equals 200 feet for a tract 150 acres or more. Each submission shall be on one of four standard sheet sizes, namely, 8 1/2 inches by 13 inches, 15 inches by 21 inches, 24 inches by 36 inches or 30 inches by 42 inches. If one sheet is not sufficient to contain the entire territory, the map may be divided into sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets. The following information shall be included:

A key map showing the entire tract and its relation to the surrounding areas, at a scale of one inch equals not less than 2,000 feet.

Title block:

Name of subdivision or development, municipality and county.

Name and address of subdivider or developer.

Name and address of the owner or owners of record and the names and addresses of all property owners within 200 feet of the extreme limits of the tract as shown on the most recent tax list prepared by the Township Tax Assessor.

Name, address, signature and license number of the professional person who prepared the drawing.

Acreage of tract to nearest tenth of an acre.

Scale and North arrow.

Date of original preparation and of each subsequent revision thereof.

Existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the municipal Tax Map and proposed block and lot numbers as provided by the Township Tax Assessor upon written request.

Subdivision or development boundary line (heavy solid line).

Zoning district boundaries affecting the tract.

The locations and dimensions of existing and proposed railroad rights-of-way, bridges and natural features, such as wooded areas and any extensive rock formations, both within the tract and within 200 feet of its boundaries.

The locations and species of all existing trees or groups of trees having a caliper of eight inches or more measured three feet above ground level. The proposed location of shade trees to be provided shall also be indicated.

(10)

All existing and proposed watercourses, including lakes and ponds, shall be shown and shall be accompanied by the following information:

When a stream is proposed for alteration, improvement or relocation or when a drainage structure or fill is proposed over, under, in or along a running stream, evidence of approval, required alterations, lack of jurisdiction or denial of the improvement by the New Jersey Division of Water Policy and Supply shall accompany the subdivision.

Cross sections of watercourses and/or drainage swales at an approximate scale showing the extent of floodplain, top of bank, normal water levels and bottom elevations at the following locations:

At any point where a watercourse crosses a boundary of the tract.

At fifty-foot intervals for a distance of 300 feet upstream and downstream of any proposed or existing culvert or bridge within the tract and within 1,000 feet downstream of the tract.

At fifty-foot intervals up to 300 feet upstream and downstream of any point of junction of two or more watercourses within the tract and within 1,000 feet of the tract.

At a maximum of five-hundred-foot intervals, but not less than two locations, along each watercourse which runs through or within 500 feet of the tract.

When ditches, streams or watercourses are to be altered, improved or relocated, the method of stabilizing slopes and measures to control erosion and siltation, as well as typical ditch sections and profiles, shall be shown or accompany it.

The boundaries of the floodplains of all watercourses within or adjacent to the tract.

The total acreage in the drainage basin of any watercourse running through or adjacent to a tract in the area upstream of the tract.

The total acreage in the drainage basin to the nearest downstream drainage structure and the acreage in the tract which drains to the structure.

The location and extent of drainage and conservation easements and stream encroachment lines.

(h)

The location, extent and water elevation of all existing or proposed lakes or ponds within and adjacent to the tract.

(11)

Existing contours with intervals of one foot where slopes are 3% or less, two feet where slopes are more than 3% but less than 15% and five feet where slopes are 15% or more, referred to a known datum, and to be indicated by a dashed line. Where any changes in contours are proposed, finished grades should be shown as a solid line.

(12)

Locations of all existing structures, including wells and septic systems, showing existing and proposed front, rear and side yard setback distances, and an indication of whether the existing structures and uses will be retained or removed.

(13)

Size, height and location of all proposed buildings, structures, signs and lighting facilities.

(14)

All dimensions necessary to confirm conformity to this chapter, such as structure setbacks, structure heights and yard areas.

(15)

The proposed location, direction of illumination, power and type of proposed outdoor lighting.

(16)

The required buffer areas and proposed screening and landscaping on a separate landscaping plan.

Buffer areas are required along lot and street lines of all nonresidential lots where said property lines or the center lines of adjacent streets abut residential uses or residential zoning district lines. Each permitted use shall provide and maintain attractively landscaped grounds and suitable screening in order to safeguard the character of adjacent districts. The width of the buffer area for each particular zoning district shall be as prescribed in Article IV. Buffer areas shall be measured horizontally and at right angles to either a straight lot or street lines or the tangent lines of a curved lot or street lines. Buffer areas shall be maintained and kept clear of all debris, rubbish, weeds and tall grass. No above-surface structure or activity or the storage of materials or parking of vehicles shall be permitted in the buffer area, and all buffer areas shall be planted and maintained with grass or ground cover together with a dense screen of trees, shrubs or other plant materials meeting the following requirements:

Plant materials used in screen planting shall be at least six feet in height when planted and shall be of such density as determined appropriate for the activities involved. The plant materials shall be of a species common to the area, shall be of nursery stock and shall be free of insects and disease.

Buffer areas shall be permanently maintained, and plant material which does not live shall be replaced within one year or one growing season.

The screen planting shall be so placed that at maturity the plant material will be no closer than three feet to any street or property lines.

The buffer area shall not be broken unless specifically approved by the Board.

Landscaping in parking areas shall be specified in accordance with the provisions of § 142-41 of this chapter.

(17)

The location and design of any off-street parking areas or loading areas, showing size and location of bays, aisles and barriers.

(18)

All means of vehicular access and egress to and from the site onto public streets, showing the site and location of driveways and curb cuts, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, additional width and any other device necessary to prevent a difficult traffic situation.

(19)

The application shall include plans and computations for any storm drainage systems, including the following:

All existing or proposed storm sewer lines within or adjacent to the tract, showing size and profile of the lines, direction of flow and the location of each catch basin, inlet, manhole, culvert and headwall.

The location and extent of any proposed dry wells, groundwater recharge basins, retention basins or other water or soil conservation devices.

(20)

The location of existing utility structures, such as water and sewer mains, gas transmission lines and high-tension power lines, on the tract and within 200 feet of its boundaries.

(21)

Plans of proposed improvements and utility layouts, including sewers, storm drains, water, gas, telephone and electricity, showing feasible connections to any proposed utility systems. If private utilities are proposed, they shall comply fully with all Township, county and state regulations. If service will be provided by an existing utility company, a letter from that company stating that service will be available before occupancy will be sufficient. Wherever a septic system is to be used, certification is required by a licensed professional engineer that each lot proposed to be thus served can accommodate a septic system without threat to the public health and safety or to the health and safety of the lot owner(s). For the purposes of such certification, a minimum of two passing percolation tests and a soil log of one of the passing holes shall be required for each lot, such tests and log to be located within the proposed disposal area. The test results and other applicable requirements regulating location(s) of test holes, etc., shall be in compliance with the Individual Sewage Disposal Code of New Jersey and shall be so shown on the plat and certified by a licensed professional engineer. All such tests must be witnessed by the Township Engineer, who shall be notified by the developer at least 48 hours prior to the initiation of the tests. Where an individual well(s) is (are) proposed, such well(s) shall meet all applicable requirements of Township and state agencies.

(22)

Plans, typical cross sections, center-line profiles, tentative grades and details of all proposed streets and of the existing streets abutting the tract based on the vertical datum specified by the Township Engineer, including curbing, sidewalks, storm drains and drainage structures. Sight triangles, the radius of curblines and street sign locations shall be so clearly indicated at intersections.

(23)

A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.

(24)

Proposed permanent monuments shall be shown.

(25)

The Board reserves the right to require additional information before granting preliminary approval when unique circumstances affect the tract or when the application for development poses special problems for the tract and surrounding area. Such information may include but shall not be limited to drainage calculations and traffic analyses.

(26)

Environmental impact assessment.

An environmental impact assessment is required to be submitted on the following applications: preliminary major subdivisions and/or preliminary site plans.

The impact assessment shall consider the topography, surface water bodies, energy, air quality, noise, surface water quality, subsurface water, aquatic biota, soils, geology, vegetation, wildlife and scenic, historical and archaeological features. Two maps shall be submitted, one at a scale of one inch equals 1,000 feet and one at a scale of one inch equals 100 feet.

Topography. Provide two topographic maps, with one-foot contour intervals of the area of the project and 100 feet surrounding the project area. One map shall depict proposed relief (i.e., after construction).

Surface water bodies. Describe existing watercourses and water bodies that are partially or totally on the site and their relationship to the area of land disturbance. Calculate existing and proposed surface runoff from the site. When the natural drainage pattern will be altered, an analysis shall be conducted which will investigate the capacity of the receiving waters. One-hundred-year floodplains shall be mapped in consultation with the New Jersey Department of Environmental Protection. Existing and proposed drainage structures shall be mapped and the capacity of the drainage network shall be determined.

Energy. Describe the proposed energy sources for the project and identify conservation measures that may be utilized.

Air quality. Describe the source, quantity and nature of materials to be emitted from any furnace or other device in which coal, oil, gasoline, diesel fuel, kerosene, wood or other combustible material will be burned or if any other source of air pollutants, including automobiles attracted by the facility, will be present on the site during or after construction. If a state or federal air emission permit is required, a copy of the permit and all resource data submitted with the application for the permit shall accompany the environmental assessment.

Noise. Description of all noise-generating equipment, both during construction and after construction, shall be identified. The decibel level shall be measured and sources identified. Compliance with Chapter 166. Noise, shall be evaluated.

Surface water quality. All surface water bodies shall be sampled and analyzed by a New Jersey certified laboratory before construction of the proposed project and no later than 90 days after construction is complete. A water sample to be analyzed shall consist of a composite sample of three grab samples collected on successive days. In the case of streams, two composite samples shall be collected: one immediately upstream and one immediately downstream of the site. Parameters to be analyzed for shall include, but not be limited to, the following (see Table 1, following):

	Table 1
	1.	Total bacterial count
	2.	Fecal coliform
	3.	Fecal streptococcus
	4.	Cadmium, total
	5.	Chromium, total
	6.	Arsenic, total
	7.	Mercury, total
	8.	Lead, total
	9.	Zinc, total
	10.	BOD
	11.	COD
	12.	Total dissolved solids
	13.	Total suspended solids
	14.	pH
	15.	Nitrate nitrogen
	16.	Total phosphate
	17.	Total orthophosphate
	18.	Total dissolved phosphate
	19.	Methyl chloride
	20.	Benzene
	21.	Carbon tetrachloride
	22.	Ethylbenzene
	23.	Trichloroethylene
	24.	Petroleum hydrocarbons
	25.	Toluene
	26.	1, 1, 2-trichloroethane
	27.	1, 2-dichlorobenzene
	28.	PCB's
	29.	Vinyl chloride
	30.	Phenols (if greater than 3.5 mg/l, do acid extractable test for phenols)
	31.	Gamma-BHC
	32.	Aldrin
	33.	Chlordane

[7]

Subsurface water. Describe subsurface water conditions of the site in terms of depth to groundwater and water supply capabilities of the site. Provide information regarding existing wells within 500 feet of the site relative to well depth, yield, and water quality. Indicate the water recharge capabilities of the site and the effect that the proposed project will have on the groundwater of the site and adjacent areas.

[8]

Aquatic biota. Describe and identify flora and fauna that are associated with any surface water bodies.

[9]

Soils.

[a]

Soil probes shall be performed at the site of the proposed development for the purposes of determining the types and extent and variability of types of soils present at the site. This information shall then be used to prepare a soils map of the area and ascertain the suitability of the site for the prospective project. A minimum of one soil probe per three acres of proposed land disturbance (i.e., excluding areas dedicated to the Township and not disturbed in any way) shall be performed to a depth of eight feet. Soil probes may be made using split-spoon sampling, shelby tubes or any device or method which will provide a continuous sample of the soil profile without mixing of soil material from different depths. Hand augers may be used, provided that the hole remains open and does not slump.

[b]

Soil profile characteristics to be examined and described in soil probes shall include the following:

[i]

Depth and thickness of all recognizable, distinct soil horizons or layers of nonsoil material. (A distinct soil horizon or layer of nonsoil material is that which differs from any horizon or layer above or below it with respect to color, texture, percentage coarse fragments or mottling.)

[ii]

Color using the Munsell color system.

[iii]

Texture using the USDA textural classification system as determined by laboratory analysis or estimation by the "feel method" of the relative proportions of sand-, silt- and clay-size particles.

[iv]

The volume percentage of coarse fragments greater than two millimeters in size shall be estimated visually.

[v]

Abundance, size and contrast of any mottling. (The color of a mottled horizon shall be described for the matrix as well as the mottles.)

[vi]

The depth to seasonal high water table as indicated by either the shallowest depth to soil mottling or where the water table is observed at a shallower depth than the depth to soil mottling.

[vii]

Depth and thickness of any fragipans.

[10]

Geology. Describe the geologic formation(s), including surficial deposit(s), as found at the site. The description shall include, but not be limited to, predominant mineral types present and thickness of surficial deposits if less than eight feet.

[11]

Vegetation. Describe existing vegetation on the site. A map shall be prepared showing the location of major vegetation groupings, such as woodlands, open fields and wetlands. Where woodlands are delineated, the forest type(s), mean tree age and mean tree diameter shall be indicated.

[12]

Wildlife. Identify and describe wildlife, giving particular attention to endangered or protected species.

[13]

Scenic, historical and archaeological features. Describe and map those portions of the site that can be considered to have unusual scenic and historical qualities and attributes, or are of archaeological importance.

Critical impacts.

Plans shall include any area, condition or feature which is environmentally sensitive or which, if disturbed during construction, would adversely affect the physical, social or historical environment of the area.

Critical impact areas include, but are not limited to, stream corridors, streams, wetlands, estuaries, slopes greater than 20%, highly acid or highly erodible soils, areas of high water table, mature stands of native vegetation, aquifer recharge areas and archaeologically sensitive areas.

A statement of impact upon critical areas and a listing of adverse impacts which cannot be avoided shall be included.

Environmental protection measures, procedures and schedules to minimize damage to critical impact areas shall be indicated, both during construction and post construction.

Documentation.

All publications, file reports, manuscripts or other written sources of information and all agencies and individuals from whom pertinent information was obtained orally or in writing which were employed in compilation of the environmental impact assessment shall be listed. Dates and locations of all meetings shall be specified.

A list of all licenses, permits and other approvals that are required by municipal, county, regional or state law and a status of each shall be included.

The environmental impact assessment should describe, with appropriate maps, the proposed project. The assessment shall summarize, rather than duplicate, the site plan and building plan. The assessment shall include a survey and description of the environmental features of the property. The environmental assessment, in bound form, shall be submitted to the appropriate board (planning and/or zoning) and the Environmental Commission.

Approval. No application for development shall be approved unless it has been affirmatively determined, after an environmental assessment, that the proposed project:

Will not result in a significant adverse impact on the environment.

Has been conceived and designed in such a manner that it will not significantly impair natural processes.

Will not place a disproportionate or excessive demand upon the total resources available to the project site or to the impact area.

Waiver. The appropriate Board, upon recommendation of the Environmental Commission, may waive any provision of this § 142-77B(26), Environmental impact assessment, if deemed not applicable.

(27)

Community impact statement.

All applications for preliminary major subdivision approval where more than 10 lots are proposed and all applications for preliminary major site plan approval shall be accompanied by a community impact statement analyzing the proposed development and its expected impacts upon existing municipal facilities and services.

The community impact statement shall indicate why in the applicant's opinion the proposed development is in the public interest, as well as providing data and opinions concerning the following specific items:

Population impact. An analysis of the number of people expected to be added to the municipal population as a result of the proposed development according to the following age cohorts: children, adults and other information about age cohorts.

School impact. An analysis of the anticipated number of pupils who will be added to the student population in the municipality and the ability of the existing public school facilities to absorb the expected student population during a ten-year time period. Should expanded or new school facilities or increased teaching staff be required, the projected cost for such additions shall be specified.

Facilities impact. An analysis of the existing facilities available to serve the proposed development and the impact of the development upon the facilities, including the adequacy of existing public water facilities; public sewerage facilities; recreational facilities; and library facilities. Should such facilities be determined inadequate to serve the proposed development, the remedies, either expected or proposed by the applicant, shall be indicated along with the estimated costs for such additional facilities.

Services impact. An analysis of the existing services provided by the Township to serve the proposed development and the impact of the development upon the services, including police protection, fire protection, solid waste disposal and street maintenance services.

Traffic impact. An analysis of the existing road network available to serve the proposed development, as well as the proposed road network within the development itself and the surrounding road network which will be affected by the proposed development, including the capacity of the existing and proposed roadways; the anticipated traffic volumes as a result of the proposed development; the physical structure of both road networks; and any problem areas in the road network affected by the development, including unsafe intersections, and vertical or horizontal alignments.

Financial impact. An analysis of the revenues expected to be generated from the development compared to the anticipated costs which the proposed development is expected to generate. Revenues and costs shall be projected for the Township, the Township school system and the county.

Waiver. The Land Use Board may waive any provisions of this § 142-77B(27), Community impact statement, if deemed not applicable.

[Amended 7-20-2022 by Ord. No. 2022-27]

Corporate disclosure.

[Amended 7-20-2022 by Ord. No. 2022-27]

Additional findings for planned development. Prior to preliminary approval of any form of planned development, including cluster residential, planned village and planned commercial development, the Board shall find the following additional facts and conclusions:

That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to all standards of Article VI of this chapter.

That the proposals for maintenance and conservation of the common open space are reliable and the amount, location and purpose of the common open space are adequate.

That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.

That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

In the case of a proposed planned development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

Action by Township.

The Land Use Board shall take action on a preliminary major site plan application involving 10 acres of land or less and 10 dwelling units or less or a preliminary major subdivision application involving 10 lots or less within 45 days after the application has been certified complete by the administrative officer or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application, provided that any preliminary application, including a request for variance relief pursuant to § 142-73A of this chapter, shall be acted upon within 95 days after the application has been certified complete by the administrative officer or within such further time as may be consented to by the applicant.

[Amended 7-20-2022 by Ord. No. 2022-27]

The Land Use Board shall take action on a preliminary major site plan application involving more than 10 acres of land or more than 10 dwellings or a preliminary major subdivision application involving more than 10 lots within 95 days after the application has been certified complete by the administrative officer or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

[Amended 7-20-2022 by Ord. No. 2022-27]

The Land Use Board shall take action on a preliminary major site plan application or a preliminary major subdivision application as prescribed in Subsection E(1) and (2) hereinabove unless said preliminary site plan and/or preliminary subdivision application is being considered by the Land Use Board simultaneously with an application for a use variance in accordance with § 142-66A(4)[1] of this chapter, in which case the Land Use Board shall act on all aspects of the application within 120 days after the application has been certified complete by the administrative officer or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

[Amended 7-20-2022 by Ord. No. 2022-27]

Editor's Note: See now § 142-67H.

Should either the administrative officer or the Board determine that the application is incomplete, the administrative officer shall, within 45 days from the date of submission of the application, notify the applicant, in writing, of the reasons for such a determination, and the applicant may thereafter submit an appropriately revised application to the administrative officer as in the first instance. If the administrative officer neither certifies to the applicant that the application is complete nor notices the applicant in writing that the application has been determined to be incomplete, then the application shall be considered certified complete, and the time period for action by the Board shall commence.

Reports and recommendations.

The administrative officer shall read the reports from any group or individual which has received the plat or plan at the request of the Board and shall draft a report to the Board reflecting upon the comments received. The administrative officer shall offer recommendations to the Board at the regularly scheduled meeting of the Board within 45 days of the submission of the application to the Township.

The Technical Review Committee shall review site plan applications and subdivision applications to ascertain their conformity with the requirements of this chapter. The Technical Review Committee shall offer its recommendations to the Board at a regularly scheduled meeting of the Board prior to the Board hearing the application.

All hearings held on applications for preliminary major subdivision approval (and in certain cases preliminary major site plan approval) shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing. See § 142-70E.[2]

Editor's Note: See now § 142-68E.

The recommendations of the County Planning Board and those of all other agencies and officials to whom the preliminary plat or plan was submitted shall be given careful consideration in the final decision on the development application. If the County Planning Board or the Municipal Professional Engineer approves the preliminary submission, such approval shall be noted on the plat or plan. If the Board acts favorably on the preliminary plat or plan, the Chairman and Secretary of the Board (or the Acting Chairman or Secretary, where either or both may be absent) and the Municipal Engineer shall affix their signatures to at least 10 copies of the plat or plan with the notation that it has been approved.

Should minor revisions or additions to the plan be deemed necessary, the Board may grant preliminary approval subject to specified conditions and receipt of revised plans within 30 days from the date of said approval. Should major revisions be deemed necessary, the Board shall require that an amended plan be submitted and acted upon as in the case of the original application for preliminary approval.

If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted setting forth the reasons for such rejection. One copy of the plat or plan and the resolution shall be returned to the applicant within 10 days of such determination.

Effect of preliminary approval. Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions; and off-tract improvements.

That the applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary plat or plan.

That the applicant may apply in writing for and the Board may grant extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that, if the design standards have been revised by ordinance, such revised standards may govern.

Extension of rights of preliminary approval in certain cases.

In the case of a subdivision of or site plan for an area of 50 acres or more, the Board may grant the rights of preliminary approval for such period of time longer than three years as shall be determined by the Board to be reasonable, taking into consideration:

The proposed phasing schedule, if any.

The number of dwelling units and nonresidential floor area permissible under preliminary approval.

Economic conditions.

The comprehensiveness of the development.

The applicant may apply for thereafter and the Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration:

The proposed phasing schedule, if any.

The number of dwelling units and nonresidential floor area permissible under preliminary approval.

The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval.

Economic conditions.

The comprehensiveness of the development.

Whenever any such extension may be granted, if the design standards have been revised, such revised standards may govern.

In no case shall the rights of preliminary approval extend for more than 10 years beyond the date on which preliminary approval was granted.

§ 142-78 Submission of final plats and final plans.

A final submission is required of all subdivisions approved at the preliminary submission stage and of all site plans which have received preliminary approval.

Procedure for submitting final plats and final plans.

A final plat or final plan shall be submitted to the administrative officer within three years after the date of preliminary approval or any authorized extension thereof. The applicant shall submit to the administrative officer at least 14 days, but no more than 21 days, prior to the first regularly scheduled monthly meeting of the Board (in the case of the Land Use Board, such submission will be prior to the regularly scheduled agenda meeting of that Board) 12 copies of the final plat or final plan and five copies of the appropriate application. Additionally, a fee shall be paid to the administrative officer as specified in § 142-84 of this chapter.

[Amended 7-20-2022 by Ord. No. 2022-27]

At least 10 days prior to the first regularly scheduled monthly meeting of the Board, the administrative officer shall retain one copy each of the final plat or plan and completed application and shall then immediately distribute the remaining 11 copies of the final plat or plan and four copies of the completed application in the following manner:

Chairman of the Board: two copies of the final plat or plan and one copy of the application.

County Planning Board: two copies of the final plat or plan and one copy of the application.

Construction Official and Zoning Officer: one copy each of the final plat or plan.

Township Engineer: one copy of the final plat or plan and one copy of the application.

Township Tax Collector: one copy of the final plat or plan.

Details required for final plats and final plans.

All details stipulated in § 142-77B of this chapter.

All additional details required at the time of preliminary approval shall be submitted.

Detailed architectural and engineering data, including:

An architect's rendering of each building and sign or of a typical building and sign showing front, side and rear elevations.

Cross sections, profiles and established grades of all streets, aisles, lanes and driveways, as approved by the Township Engineer.

Plans and profiles of all storm and sanitary sewers and water mains, as approved by the Township Engineer.

All dimensions of the exterior boundaries of any subdivision shall be balanced and closed to a precision of one to 10,000 and the dimensions of all lot lines to within one to 20,000. All dimensions, angles and bearings must be tied to at least two permanent monuments not less than 300 feet apart, and all information shall be indicated on the plat. At least one corner of the subdivision shall be tied to United States Geological Survey benchmarks, with data on the plat as to how the bearings were determined.

The final submission shall accompanied by the following documents:

Certification from the Tax Collector that all taxes are paid to date.

Certification that the applicant is the owner of the land or his properly authorized agent or that the owner has given consent under an option agreement.

Letters directed to the Chairman of the Board and signed by a responsible official of the lighting agency, water company, and of any other utility company or governmental authority or district which provides accessory utility service and has jurisdiction in the area, approving each proposed utility installation design and stating who will construct the facility so that the service will be available prior to occupancy.

A statement from the Township Engineer that he is in receipt of a map showing all utilities in exact location and elevation, that he has examined the drainage plan and found that the interests of the Township and of neighboring properties are protected and that he has identified those portions of any utilities already installed and those to be installed. The applicant shall certify in writing to the Board that he has:

Installed all improvements in accordance with the requirements of this chapter; or

Posted a performance guaranty in accordance with § 142-85 of this chapter.

A statement from the Township Engineer that all improvements installed prior to application have been inspected as provided in § 142-85 and that such improvements meet the requirements of the Township. Any improvements installed prior to application for final approval that do not meet or exceed Township standards shall be factored into the required performance guaranty. Where applicable, an as-built map, showing the exact location of all improvements, including utilities and their elevations, shall be required.

A statement from the Technical Review Committee as to the conformity of the submission with the requirements of this chapter.

Action by Township.

The Land Use Board shall take action on a final major site plan or subdivision application within 45 days after the application has been certified complete by the administrative officer or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

[Amended 7-20-2022 by Ord. No. 2022-27]

If the Board acts favorably on the final submission, the Chairman and the Secretary of the Board (or the acting Chairman and Secretary where either or both may be absent) and the Municipal Engineer shall affix their signatures to at least 12 copies of the plat or plan with a notation that it has been approved. The applicant shall furnish such copies to the Board for signing. In the case of final subdivisions only, the applicant shall include at least five Mylar copies of the approved plat.

After approval of the final plat or plan by the Board, copies of the signed plat or plan shall be furnished by the Secretary of the Board to each of the following within 10 days from the date of such approval:

Zoning Officer: Mylar or linen if applicable.

Construction Official and Zoning Officer.

Township Engineer: Mylar or linen if applicable.

Township Tax Assessor.

Board files: Mylar or linen if applicable.

The applicant: Mylar or linen if applicable.

Such other municipal, county, regional, state or federal agencies or officials as directed by the Board, including, where applicable, the Federal Aviation Administration and the Delaware and Raritan Canal Commission.

Within 95 days of the date of approval by the Board of a final subdivision plat, the subdivider shall file a copy of same with the County Clerk. In the event of failure to file within 95 days, the approval of the major subdivision shall expire, and any further proceedings shall require the filing of a new sketch plat as in the first instance. The Board, for good cause shown, may extend the time for filing for an additional 95 days.

If the Board, after consideration and discussion of the final submission, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted setting forth the reasons for such rejection. One copy of the plat or plan and a resolution shall be returned to the applicant within 10 days of such determination.

Effect of final approval. Final approval of a subdivision or site plan shall confer upon the applicant the following rights for a two-year period from the date of final approval:

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed.

If the developer has followed the standards prescribed for final approval, the Board may extend the period of protection for extensions of one year each, not exceeding three such extensions.

Extension of rights of final approval in certain cases.

In the case of subdivisions and site plans involving planned village development, planned commercial development or cluster residential development of 50 acres or more or conventional subdivisions or site plans for 150 acres or more, the Board may grant the rights of final approval for such period of time longer than two years as shall be determined by the Board to be reasonable, taking into consideration:

The proposed phasing schedule, if any.

The number of dwelling units and nonresidential floor area permissible under final approval.

Economic conditions.

The comprehensiveness of the development.

The developer may apply for thereafter and the Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration:

The proposed phasing schedule.

The number of dwelling units and nonresidential floor area permissible under final approval.

The number of dwelling units and nonresidential floor area remaining to be developed.

Economic conditions.

AFFORDABLE HOUSING DEVELOPMENT

The comprehensiveness of the development.

§ 142-79 Continuation of certain applications.

Any application for development submitted before July 1, 1984, to a municipal agency pursuant to lawful authority may be continued at the option of the applicant, and the municipal agency shall have every power it possessed before July 1, 1984, in regard to any such application.

§ 142-80 Low- and Moderate-Income Affordable Housing (COAH).

[Amended 7-21-2017 by Ord. No. 2017-12]

Purpose. The purpose of this section is to provide for and regulate affordable housing in the Township.

Definitions. The following terms when used in this section shall have the meanings given in this subsection:

ACT

The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.).

ADAPTABLE

Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.

ADMINISTRATIVE AGENT

The entity designated by the Township to administer affordable units in accordance with this section, N.J.A.C. 5:93, and UHAC (N.J.A.C. 5:80-26).

AFFIRMATIVE MARKETING

A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.

AFFORDABILITY AVERAGE

The average percentage of median income at which new restricted units in an affordable housing development are affordable to low- and moderate-income households.

AFFORDABLE

A sales price or rent level that is within the means of a low- or moderate-income household as defined within N.J.A.C. 5:93-7.4, and, in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.

A development included in or approved pursuant to the Housing Element and Fair Share Plan or otherwise intended to address the Township's fair share obligation, and includes, but is not limited to, an inclusionary development, a municipal construction project or a one-hundred-percent affordable housing development.

AFFORDABLE HOUSING PROGRAM(S)

Any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.

AFFORDABLE UNIT

A housing unit proposed or created pursuant to the Act and approved for crediting by the court and/or funded through an affordable housing trust fund.

AGE-RESTRICTED UNIT

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

AGENCY

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

ALTERNATIVE LIVING ARRANGEMENTS

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

ASSISTED LIVING RESIDENCE

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

CERTIFIED HOUSEHOLD

A household that has been certified by an administrative agent as a low-income household or moderate-income household.

COAH

The Council on Affordable Housing, as established by the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).

DCA

The State of New Jersey Department of Community Affairs.

DEFICIENT HOUSING UNIT

A housing unit with health and safety code violations that requires the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load-bearing structural systems.

DEVELOPER

Any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land included in a proposed development including the holder of an option to 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 use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.

INCLUSIONARY DEVELOPMENT

A development containing both affordable units and market-rate units. This term includes, but is not limited to: new construction, the conversion of a nonresidential structure to residential use and the creation of new affordable units through the gut rehabilitation or reconstruction of a vacant residential structure.

LOW-INCOME HOUSEHOLD

A household with a total gross annual household income equal to 50% or less of the regional median household income by household size.

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 and load-bearing structural systems.

MARKET-RATE UNITS

Housing not restricted to low- and moderate-income households that may sell or rent at any price.

MEDIAN INCOME

The median income by household size for the applicable housing region, as adopted annually by COAH or a successor entity approved by the court.

MODERATE-INCOME HOUSEHOLD

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

MODERATE-INCOME UNIT

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

MULTIFAMILY UNIT

A structure containing five or more dwelling units.

NONEXEMPT SALE

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

RANDOM SELECTION PROCESS

A process by which current income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).

REGIONAL ASSET LIMIT

The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as defined by duly adopted regional income limits published annually by COAH or a successor entity.

REHABILITATION

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

RENT

The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.

RESTRICTED UNIT

A dwelling unit, whether a rental unit or an ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.

UHAC

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

VERY-LOW-INCOME UNIT

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

VERY-LOW-INCOME HOUSEHOLD

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

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 purposes of a rehabilitation program.

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 within the Township of Robbinsville pursuant to the Township's most recently adopted Housing Element and Fair Share Plan.

Alternative living arrangements.

The administration of an alternative living arrangement shall be in compliance with N.J.A.C. 5:93-5.8 and UHAC, with the following exceptions:

Affirmative marketing (N.J.A.C. 5:80-26.15), provided, however, that the units or bedrooms may be affirmatively marketed by the provider in accordance with an alternative plan approved by the court.

Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3).

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, alternative living arrangements shall have at least thirty-year controls on affordability in accordance with UHAC, unless an alternative commitment is approved by the court.

The service provider for the alternative living arrangement shall act as the administrative agent for the purposes of administering the affirmative marketing and affordability requirements for the alternative living arrangement.

Inclusionary zoning.

To implement the fair share plan in a manner consistent with the terms of the settlement agreement, ensure the efficient use of land through compact forms of development and to create realistic opportunities for the construction of affordable housing, inclusionary zoning shall be permitted on the following properties consistent with the provisions of the Amended and Restated Robbinsville Redevelopment Plan, the Township of Robbinsville's Housing Plan Element and Fair Share Plan, and the terms of the settlement agreement:

Any townhouse, garden apartment, mixed-use development or other multiple-family residential development, including PURDS, within a designated redevelopment property identified in the Amended and Restated Robbinsville Redevelopment Plan shall provide a minimum affordable housing set-aside of 15% of the total number of units, if the affordable units will be for rent and 20% of the total number of units, if the affordable units will be for sale.

Any property in the Township of Robbinsville that is currently zoned for nonresidential uses and that is subsequently rezoned for residential purposes or receives a use variance to permit residential development, or that is currently zoned for residential uses and that receives a zoning change or a density variance to permit residential development, or for which residential development is permitted through adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation, which residential development is a townhouse, garden apartment, mixed-use development or other multiple-family residential development, including PURDS, which residential development is at a gross density of at least six units per acre and, in cases in which there was a previously specified residential gross density, not less than twice the previously permitted gross density, shall provide an affordable housing set-aside of 15% if the affordable units will be for rent and 20% if the affordable units will be for sale.

Pertaining to the foregoing properties, any townhouse, garden apartment, mixed-use development or other multiple-family residential development, including PURDS, that will contain five or more dwelling units shall comply with the following:

A minimum of 15% of the total number of units shall be set aside as affordable housing units if the affordable units will be for rent. If the calculation of the total number of affordable units required yields a fraction of less than 0.5 then either a pro-rated payment in lieu or one additional unit shall be provided. If the calculation of the total number of affordable units required yields a fraction greater than 0.5, the obligation shall be rounded up and the additional unit shall be provided.

A minimum of 20% of the total number of units shall be set aside as affordable housing units if the affordable units will be for sale. If the calculation of the total number of affordable units required yields a fraction of less than 0.5, then either a pro-rated payment in lieu or one additional unit shall be provided. If the calculation of the total number of affordable units required yields a fraction of greater than 0.5, the obligation shall be rounded up and the additional unit shall be provided.

At least half of all affordable units shall be affordable to low-income households, and the remainder may be affordable to moderate-income households. Within rental developments, at least 13% of the affordable units shall be affordable to very-low-income households, with the very-low-income units counted as part of the low-income requirement.

The affordable housing units shall otherwise comply with § 142-80.

The provisions of Subsection D(1) and (2) shall not apply to the following zones:

H-1 Windsor Historic District- Residential.

H-2 Windsor Historic District- Residential.

The provisions of Subsection D(1) and (2) shall not apply to the TC Town Center District. The affordable housing requirements for this zone shall be governed by the requirements in § 142-19 of the Land Use Code for Township of Robbinsville.

Phasing schedule for inclusionary zoning.

In inclusionary developments the following schedule shall be followed:

Maximum Percentage of Market-Rate Units Completed	Minimum Percentage of Low- and Moderate-Income Units Completed
25	0
25+1	10
50	50
75	75
90	100

New construction.

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

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

At least 25% of the obligation shall be met through rental units, including at least half in rental units available to families.

A maximum of 25% of the Township's obligation may be met with age-restricted units. At least half of all affordable units in the Township's Plan shall be available to families.

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

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

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

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

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

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

Affordable developments that are age-restricted shall be structured such that the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the inclusionary development. This standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit.

Accessibility requirements:

The first floor of all restricted townhouse dwelling units and all restricted units in all other multistory buildings shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7, and the following:

All restricted townhouse dwelling units and all restricted units in other multistory buildings in which a restricted dwelling unit is attached to at least one other dwelling unit shall have the following features:

An adaptable toilet and bathing facility on the first floor;

An adaptable kitchen on the first floor;

An interior accessible route of travel on the first floor;

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

If not all of the foregoing requirements in Subsection F(2)(b)[1] through [4] can be satisfied, then an interior accessible route of travel must be provided between stories within an individual unit, but if all of the terms of Subsection F(2)(b)[1] through [4] above have been satisfied, then an interior accessible route of travel shall not be required between stories within an individual unit; and

An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.), and the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that Robbinsville has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:

[a]

Where a unit has been constructed with an adaptable entrance, upon the request of a person with disabilities who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.

[b]

To this end, the builder of restricted units shall deposit funds within the Township of Robbinsville's Affordable Housing Trust Fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.

[c]

The funds deposited under Subsection F(2)(b)[6][b] above shall be used by the Township of Robbinsville for the sole purpose of making the adaptable entrance of an affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.

[d]

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

[e]

Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meets the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Township's Affordable Housing Trust Fund in care of the Township Chief Financial Officer who shall ensure that the funds are deposited into the Affordable Housing Trust Fund and appropriately earmarked.

[f]

Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is "site impracticable" to meet the requirements. Determinations of site impracticability shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.

Design:

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

In inclusionary developments, low- and moderate-income units shall have access to all of the same common elements and facilities as the market units.

Maximum rents and sales prices:

[Amended 10-3-2018 by Ord. No. 2018-29]

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

Income limits for all units that are part of the Township's Housing Element and Fair Share Plan and for which income limits are not already established through a federal program exempted from the UHAC pursuant to N.J.A.C. 5:80-26.1 shall be updated by the Township annually within 30 days of the publication of determinations of median income by the Department of Housing and Urban Development ("HUD") as follows:

Regional income limits shall be established for the region in which the Township is located based on the median income by household size, which shall be established by a regional weighted average of the uncapped Section 8 income limits published by HUD. To compute this regional income limit, the HUD determination of median county income for a family of four is multiplied by the estimated number of households within the county according to the most recent decennial census. The resulting product for each county within the housing region is summed. The sum is divided by the estimated total households from the most recent decennial census in the Township's housing region. This quotient represents the regional weighted average of median income for a household of four. The income limit for a moderate-income unit for a household of four shall be 80% of the regional weighted average median income for a family of four. The income limit for a low-income unit for a household of four shall be 50% of the HUD determination of the regional weighted average median income for a family of four. The income limit for a very-low-income unit for a household of four shall be 30% of the regional weighted average median income for a family of four. These income limits shall be adjusted by household size based on multipliers used by HUD to adjust median income by household size. In no event shall the income limits be less than those for the previous year.

The income limits are the result of applying the percentages set forth in Subsection F(4)(b)[1] above to HUD's determination of median income for the fiscal year 2018, and shall be utilized until the Township updates the income limits after HUD has published revised determinations of median income for the next fiscal year.

The regional asset limit used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)(3) shall be calculated by the Township annually by taking the percentage increase of the income limits calculated pursuant to Subsection F(4)(b)[1] above over the previous year's income limits, and applying the same percentage increase to the regional asset limit from the prior year. In no event shall the regional asset limit be less than that for the previous year.

In establishing sale prices and rents of affordable housing units, the Township's Administrative Agent shall follow the procedures set forth in UHAC, utilizing the regional income limits established pursuant to the process defined above.

The maximum rent for restricted rental units within each affordable development shall be affordable to households earning no more than 60% of median income, and the average rent for restricted rental units shall be affordable to households earning no more than 52% of median income.

The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both low-income and moderate-income units, provided that at least 13% of all low- and moderate-income rental units shall be affordable to very-low-income households, which very-low-income units shall be part of the low-income requirement.

The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70% of median income, and each affordable development must achieve an affordability average of 55% for restricted ownership units; in achieving this affordability average, moderate-income ownership units must be available for at least three different sales prices for each bedroom type, and low-income ownership units must be available for at least two different sales prices for each bedroom type.

In determining the initial sales prices and rent levels for compliance with the affordability average requirements for restricted units other than assisted living facilities and age-restricted developments, the following standards shall be used:

A studio 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.

(h)

In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units in assisted living facilities and age-restricted developments, the following standards shall be used:

A studio 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.

(i)

The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowner's association fees do not exceed 28% of the eligible monthly income of the appropriate size household as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.

(j)

The initial rent for a restricted rental unit shall be calculated so as not to exceed 30% of the eligible monthly income of the appropriate size household, including an allowance for tenant-paid utilities, as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.

(k)

The resale prices of owner-occupied low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region determined pursuant to the above methodology. In no event shall the maximum resale price established by the administrative agent be lower than the last recorded purchase price.

(l)

The rent levels of very-low-, low- and moderate-income units may be increased annually based on the percentage increase in the Housing Consumer Price Index for the Northeast Urban Area, upon its publication for the prior calendar year. This increase shall not exceed 9% in any one year. Rents for units constructed pursuant to low-income housing tax credit regulations shall be indexed pursuant to the regulations governing low-income housing tax credits.

Utilities.

Affordable units shall utilize the same type of heating source as market units within an inclusionary development.

Tenant-paid utilities included in the utility allowance shall be set forth in the lease and shall be consistent with the utility allowance approved by HUD for its Section 8 program.

Occupancy standards.

In referring certified households to specific restricted units, the administrative agent shall, to the extent feasible and without causing an undue delay in the occupancy of a unit, strive to:

Provide an occupant for each bedroom;

Provide children of different sexes with separate bedrooms;

Provide separate bedrooms for parents and children; and

Prevent more than two persons from occupying a single 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. 5:80-26.5, as may be amended and supplemented, and each restricted ownership unit shall remain subject to the requirements of this section for a period of at least 30 years, until Robbinsville takes action to release the unit from such requirements; prior to such action, a restricted ownership unit shall remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented, except that, for any units approved after October 13, 2016, such controls shall be for at least 50 years, or until such time after the initial fifty-year period as the Township of Robbinsville elects to release the unit from such requirements.

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

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, the initial purchaser shall execute and deliver to the administrative agent a recapture note obligating the purchaser (as well as the purchaser's heirs, successors and assigns) to repay, upon the first nonexempt sale after the unit's release from the restrictions set forth in this section, an amount equal to the difference between the unit's nonrestricted fair market value and its restricted price, and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit.

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

A restricted ownership unit shall be required to obtain a continuing certificate of occupancy or a certified statement from the Construction Official stating that the unit meets all Code standards upon the first transfer of title following the removal of the restrictions provided under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.

Price restrictions for restricted ownership units, homeowner association fees and resale prices.

Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:

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

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

The master deeds of inclusionary developments shall provide no distinction between the condominium or homeowner association fees and special assessments paid by low- and moderate-income purchasers and those paid by market purchasers.

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. See Subsection M.

Buyer income eligibility.

Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, such that low-income ownership units shall be reserved for households with a gross household income less than or equal to 50% of median income and moderate-income ownership units shall be reserved for households with a gross household income less than 80% of median income.

Notwithstanding the foregoing, however, the administrative agent may, upon approval by the Township Council, and subject to the Court's approval, permit moderate-income purchasers to buy low-income units in housing markets if the administrative agent determines that there is an insufficient number of eligible low-income purchasers to permit prompt occupancy of the units. All such low-income units to be sold to moderate-income households shall retain the required pricing and pricing restrictions for low-income units.

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, taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 33% of the household's eligible monthly income.

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 first purchase money mortgages, neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of the unit, as such price is determined by the administrative agent in accordance with N.J.A.C. 5:80-26.6(b).

Capital improvements to ownership units.

The owners of restricted ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of capital improvements made since the purchase of the unit. Eligible capital improvements shall be those that render the unit suitable for a larger household or that adds an additional bathroom. In no event shall the maximum sales price of an improved housing unit exceed the limits of affordability for the larger household.

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. 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, 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 owner 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.

Control periods for restricted rental units.

Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, 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 30 years, until Robbinsville takes action to release the unit from such requirements. Prior to such action, a restricted rental unit shall remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented, except that, for any units approved after October 13, 2016, such controls shall be for at least 50 years, or until such time after the initial fifty-year period as the Township of Robbinsville elects to release the unit from such requirements. For new projects receiving 9% low-income housing tax credits, a control period of not less than a thirty-year compliance period plus a fifteen-year extended use period shall be required.

Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or seller with the records office of the County of Mercer. The deed shall also identify each affordable unit by apartment number and/or address and whether that unit is designated as a very-low-, low- or moderate-income unit. Neither the unit nor its affordability designation shall change throughout the term of the deed restriction. A copy of the filed document shall be provided to the administrative agent within 30 days of the receipt of a certificate of occupancy.

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

Sublease or assignment of the lease of the unit;

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

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

Rent restrictions for rental units; leases.

A written lease shall be required for all restricted rental units and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be provided to the administrative agent.

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

Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit and shall be payable to the administrative agent to be applied to the costs of administering the controls applicable to the unit as set forth in this section.

No rent control ordinance or other pricing restriction shall be applicable to either the market units or the affordable units in any development in which at least 15% of the total number of dwelling units are restricted rental units in compliance with this section.

Tenant income eligibility.

Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as may be amended and supplemented, and shall be determined as follows:

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

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

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

The administrative agent shall certify a household as eligible for a restricted rental unit when the household is a very-low-income household, low-income household or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:

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

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

The household is currently in substandard or overcrowded living conditions;

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

The household documents 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 the circumstances in Subsection P(2)(a) through (e) above with the administrative agent, who shall counsel the household on budgeting.

Municipal Housing Liaison.

The Township of Robbinsville shall appoint a specific municipal employee to serve as a Municipal Housing Liaison responsible for administering the affordable housing program, including affordability controls, the affirmative marketing plan, monitoring and reporting, and, where applicable, supervising any contracted administrative agent. Robbinsville shall adopt an ordinance creating the position of Municipal Housing Liaison. Robbinsville shall adopt a resolution appointing a Municipal Housing Liaison. The Municipal Housing Liaison shall be appointed by the governing body and may be a full- or part-time municipal employee. The Municipal Housing Liaison shall be approved by the court and shall be duly qualified through a training program sponsored by Affordable Housing Professionals of New Jersey before assuming the duties of Municipal Housing Liaison.

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

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

Monitoring the status of all restricted units in Robbinsville's Fair Share Plan;

Compiling, verifying and submitting annual monitoring reports as may be required by the court;

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

Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing at least annually and more often as needed.

Subject to the approval of the court, the Township of Robbinsville shall designate one or more administrative agent(s) to administer newly constructed affordable units in accordance with UHAC. An operating manual for each affordable housing program shall be provided by the administrative agent(s) to be adopted by resolution of the governing body and subject to approval of the court. The operating manual(s) shall be available for public inspection in the office of the Township Clerk, in the office of the Municipal Housing Liaison, and in the office(s) of the administrative agent(s). The Municipal Housing Liaison shall supervise the contracting administrative agent(s).

Administrative agent. The administrative agent shall be an independent entity serving under contract to and reporting to the municipality. For new sale and rental developments, all of the fees of the administrative agent shall be paid by the owners of the affordable units for which the services of the administrative agent are required. For resales, single-family homeowners and condominium homeowners shall be required to pay 3% of the sales price for services provided by the administrative agent related to the resale of their homes. That fee shall be collected at closing and paid directly to the administrative agent. The administrative agent shall perform the duties and responsibilities of an administrative agent as set forth in UHAC, including those set forth in Sections 5:80-26.14, 5:80-26.16 and 5:80-26.18 thereof, which include:

Affirmative marketing:

Conducting an outreach process to affirmatively market affordable housing units in accordance with the affirmative marketing plan of the Township of Robbinsville and the provisions of N.J.A.C. 5:80-26.15; and

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 noneligibility;

Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set forth in 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; and

Employing a random selection process as provided in the affirmative marketing plan of the Township of Robbinsville when referring households for certification to affordable units.

Affordability controls:

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

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

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

Communicating with lenders regarding foreclosures; and

Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.

Resales and rerentals:

Instituting and maintaining an effective means of communicating information between owners and the administrative agent regarding the availability of restricted units for resale or rerental; and

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

Processing requests from unit owners:

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

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 municipality of an owner's intent to sell a restricted unit; and

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

Enforcement:

Securing annually from the municipality a list of all affordable housing units for which 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;

The posting annually in all rental properties, including two-family homes, of a notice as to the maximum permitted rent together with the telephone number of the administrative agent where complaints of excess rent or other charges can be made;

Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;

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

Creating and publishing a written operating manual for each affordable housing program administered by the administrative agent, to be approved by the Township Council and the court, setting forth procedures for administering the affordability controls.

Additional responsibilities:

The administrative agent shall have the authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.

The administrative agent shall prepare monitoring reports for submission to the Municipal Housing Liaison in time to meet any monitoring requirements and deadlines imposed by the court.

The administrative agent shall attend continuing education sessions on affordability controls, compliance monitoring, and affirmative marketing at least annually and more often as needed.

Affirmative marketing requirements.

The Township of Robbinsville shall adopt by resolution an affirmative marketing plan, subject to approval of the court that is compliant with N.J.A.C. 5:80-26.15, 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. In addition, as a result of the settlement agreement with FSHC, the affirmative marketing plan shall require the notification of the New Jersey State NAACP, the Trenton Branch of the NAACP, FSHC, Supportive Housing Association and the Latino Action Network of affordable housing opportunities. It is a continuing program that directs marketing activities toward Housing Region 4 and is required to be followed throughout the period of restriction.

The affirmative marketing plan shall provide a regional preference for all households that live and/or work in Housing Region 4, comprised of Mercer, Monmouth and Ocean Counties.

The municipality has the ultimate responsibility for adopting the affirmative marketing plan and for the proper administration of the Affirmative Marketing Program, including initial sales and rentals and resales and rerentals. The administrative agent designated by the Township of Robbinsville shall implement the affirmative marketing plan to assure the affirmative marketing of all affordable units.

In implementing the affirmative marketing plan, the administrative agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.

The affirmative marketing plan shall describe the media to be used in advertising and publicizing the availability of housing. In implementing the affirmative marketing plan, the administrative agent shall consider the use of language translations where appropriate.

The affirmative marketing process for available affordable units shall begin at least four months (120 days) prior to the expected date of occupancy.

Applications for affordable housing shall be available in several locations, including, at a minimum, the county administration building and/or the county library for each county within the housing region; the municipal administration building and the municipal library in the municipality in which the units are located; and the developer's rental office. Preapplications shall be emailed or mailed to prospective applicants upon request.

The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner.

Enforcement of affordable housing regulations.

Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant, the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, a requirement for household recertification, acceleration of all sums due under a mortgage, recuperation of any funds from a sale in violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.

After providing written notice of a violation to an owner, developer or tenant of a low- or moderate-income unit and advising the owner, developer or tenant of the penalties for such violations, the municipality may take the following action(s) against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:

The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation or violations of the regulations governing the affordable housing unit. If the owner, developer or tenant is adjudged 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 per day or imprisonment for a period not to exceed 90 days, or both, 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 a low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Township of Robbinsville Affordable Housing Trust Fund of the gross amount of rent illegally collected;

In the case of an owner who has rented a low- or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the court.

The municipality may file a court action in the Superior Court seeking a judgment that would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any such 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.

The judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the low- and moderate-income unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating owner shall have his right to possession terminated as well as his title conveyed pursuant to the Sheriff's sale.

The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for the full extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the municipality for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the municipality for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the owner or forfeited to the municipality.

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

If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the municipality may acquire title to the low- and moderate-income unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low- and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.

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

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

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

§ 142-81 Down payment assistance.

The following procedure is to be employed in connection with requests for down payment assistance to qualified affordable housing buyers who lack sufficient funds for the necessary down payment to purchase an affordable housing unit:

Applications for reimbursement shall be made by the previously qualified affordable housing buyer to the office of community services on the application form provided by said office. Said application shall be processed through the Housing and Redevelopment Board on referral from the Office of Community Services.

Applicants shall be qualified upon satisfactory proof that their total liquid assets are less than 10% of the purchase price of the unit. Credits for closing costs provided by sellers to buyers shall not be considered part of the gross purchase price for purposes of the down payment assistance calculation.

The maximum amount to be loaned to an applicant shall be 2% of the purchase price. The basis for the establishment of said maximum loan amount is due to established lending criteria regarding risk assessment in the making of loans.

Interest shall accrue at a rate of 5% per annum and the principal and any accrued interest shall be paid at the time of transfer of the ownership of the unit. In the event a unit which is the subject of down payment assistance is found to be rented, the payment of the principal and interest shall immediately be due and payable to the Township.

In the event a qualified unit purchaser owns the unit for a period of 10 years or more, the interest on the loan shall be forgiven and the only amount due and owing to the Township shall be for the principal balance.

Upon closing of title to the unit the qualified purchaser shall execute a second mortgage and note to the Township as lender which will set forth the terms of the repayment program.

The governing body shall establish by resolution an application fee to compensate for the time spent in reviewing and approving the application, and for review and approval of the appropriate closing documents as they relate to the Township.

The down payment assistance program will be funded through the Affordable Housing Fee Program. Any repayments of loans shall be redeposited in said program account for future use for down payment assistance.

§ 142-82 Planned unit residential development.

General provisions. The planned unit residential development (PURD) option may be exercised only for noncontiguous parcels located within the Rural Residential and Town Center Districts, with a minimum of one lot within each respective zone. Applicants exercising the planned unit residential development (PURD) option shall submit an application that includes land within both the Rural Residential District and Town Center 1, 2 and/or 3 Overlay Districts in accordance with their respective requirements. No transfer of credits to the TC-4 District shall be permitted. Application for the PURD may only be made after the base grid for that portion of the Town Center Districts intended for importation of credits from the Rural Residential District has received preliminary subdivision approval from the board of jurisdiction. The applicant shall have secured through an equity interest all necessary credits for increasing the permitted density in the Town Center receiving area prior to final action being taken by the board of jurisdiction.

Procedures and time periods for action. The board of jurisdiction shall act upon an application for a PURD in the same time and manner as for a preliminary major subdivision application pursuant to N.J.S.A. 40:55D-48. No action shall be taken upon the PURD application unless a complete submission has been made in accordance with the PURD Checklist, Appendix D, Schedule G, of this chapter.[1]

Editor's Note: Appendix D, Schedule G, is on file in the Township offices.

Findings for planned development. Prior to any approval of a planned unit residential development, the board of jurisdiction shall find the following facts and conclusions:

That departures by the proposed development from zoning regulations otherwise applicable to the subject properties conform to the Zoning Ordinance standards pursuant to N.J.S.A. 40:55D-65c;

That the proposals for the maintenance and conservation of common open space are reliable, and the amount, location and purpose of the common open space are adequate;

That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;

That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;

In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and the residents, occupants and owners of the proposed development in the total completion of the development are adequate;

That the proposed planned development will have adequate public water and public sanitary sewer capacity for the intensity of development requested.

Required conditions of approval. Any approval of a PURD shall be conditioned upon the following requirements:

Recording of development easement. A development easement shall be placed on all lands under which a noncontiguous transfer of credits is approved by the board of jurisdiction pursuant to the provisions of this section, excepting lots created in accordance with § 142-13L(9). The development easement shall prevent the further development of the parcel except as may be permitted pursuant to § 142-13L(8). The development easement shall run to the benefit of the Township of Robbinsville and may be assigned to another governmental entity or governmental or public agency upon action of the majority of the Township governing body, provided that a rescission clause shall be included requiring that ownership of said easement shall return to the Township should the land be diverted to any purpose other than farmland preservation, active and passive open space, or land to be conserved in its natural state. The development easement shall be subject to the review and approval of the board of jurisdiction attorney prior to recording with the office of the Mercer County Clerk. In the event that the Township creates a standardized form of development easement, said easement wording shall be utilized in any future recording.

Approval of receiving area plan. The use of credits transferred shall only be for an approved, or upon the approval of a, preliminary site plan or subdivision, as the case may be, for the additional units permitted to be constructed under the PURD approval.

Effect of approval. The effect and rights of the approval of the PURD shall be as set forth in N.J.S.A. 40:55D-49 for preliminary major site plans and subdivisions or as set forth in N.J.S.A. 40:55D-52 for final major site plans and subdivisions, as the case may be. Within the time period so established, the applicant shall have the right to perfect the transfer of credits from the sending area to the receiving area as established in this section. Once the transfer of credits has occurred, the credits are permanently established until used for additional residential density in the Town Center.

Recording of credits. The purchaser of transfer credits shall be obligated to present credible evidence of the transfer to the Municipal Clerk or other designee within 30 days of the transaction. Each and every day in which the transaction record has not been so transmitted to the Municipal Clerk within the specified time limit shall constitute a separate violation of the provisions of this section and enforceable by fine, imprisonment, and/or community service as otherwise provided herein. The Municipal Clerk shall so record the transaction in the Record of Transfer and annually in January provide a copy of the Record of Transfer to the Department of Planning/Zoning and the Tax Assessor's Office to be kept on file.

§ 142-83 Township authority to sell purchased development credits.

Table of eligible development credits acquired by Township. The table attached hereto as Exhibit B[1] and made part hereof sets forth the parcels of land within the Rural Residential District which the Township has acquired and the development credits allocated to each parcel as determined by the calculations in § 142-13L(4) which are eligible for sale by the Township pursuant to this § 142-83.

Editor's Note: Exhibit B is on file in the Township offices.

Township authority. The Township shall be empowered to sell development credits it has purchased or otherwise acquired prior to the effective date of this § 142-83 from landowners within the Rural Residential District calculated and shown on the table attached hereto as Exhibit B to landowners within the Town Center District. Only parcels located in the Town Center Districts as set forth in § 142-82A meeting all of the following criteria are eligible to receive development credits purchased from the Township pursuant to this § 142-83:

The Town Center District parcel to which the development credits are to be transferred is specifically designated in the Town Center District regulations to receive additional density as a result of the transfer of development rights.

The Town Center District parcel is the subject of a PURD plan incorporating the additional units that have received preliminary subdivision or preliminary site plan approval from the Land Use Board.

[Amended 7-20-2022 by Ord. No. 2022-27]