A.
General. The following provisions shall apply to all buildings and uses lawfully existing on the effective date of this Part 4 which do not conform to the requirements set forth in this Part 4 and to all buildings and uses that become nonconforming by reason of any subsequent amendment to this Part 4.
B.
Regulations. Any nonconforming use of buildings or
open land and any nonconforming buildings may be continued indefinitely,
but such uses:
(1)
Shall not be enlarged, altered, extended, reconstructed or restored, except as provided in § 200-224 herein, nor placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this Part 4, nor shall any external evidence of such use be increased by any means whatsoever.
(2)
Shall not be moved to another location where such
use would be nonconforming.
(3)
Shall not be reestablished if such use has been voluntarily
discontinued for any reason for a period of one year or more or has
been changed to or replaced by a conforming use.
(4)
Shall not be restored for other than a conforming
use after substantial destruction thereof.
Nothing in this article shall be deemed to prevent normal maintenance and repair, structural alteration in or the reconstruction of a noncomplying building, provided that such action does not increase or extend the degree of or create any new nonconformity with regard to the regulations pertaining to such buildings or the lot upon which they are constructed (e.g., an undersized house, situated closer to the street line than now specified may have an addition on the back, provided that side and rear yards are not invaded), except that the floor area of a single-family house that occupies a lot that is smaller than the minimum lot area for the district in which the house is located may be increased by not more than 20% of the floor area existing as of the date of adoption of this Part 4, provided that all other provisions of this Part 4 are complied with. Yard reductions for such undersized lots may be permitted according to criteria established in § 200-225 of this article. This latter exception shall not apply to those lots in which an increase in floor area of a nonconforming building has occurred since August 15, 1975.
No nonconforming vacant lot existing prior to
August 15, 1975, shall be further reduced in size. In residential
districts, such lots, as well as those which are consolidated into
a single lot but still are nonconforming in area or dimension, may
be improved for a single-family residence and its permitted accessory
uses without appeal for variance relief, provided that the following
provisions are met:
A.
The lot is in separate ownership and not contiguous
to lots in the same ownership and the owner had made a conscientious
effort to acquire additional property. However, in the case of two
or more contiguous lots under the same ownership, regardless of whether
or not each may have been approved as a subdivision, acquired by separate
conveyance or by other operation of law, where one or more of said
lots does not conform with the area and/or division requirements for
the zone in which it is located, the contiguous lots shall be considered
as a single lot and the provisions of the applicable zoning district
shall apply.
B.
As appropriate, all necessary health approvals are
given by the responsible municipal agency or its agent.
C.
FAR/MIC exceptions. The FAR/MIC of the zoning district
in which the vacant lot is located may either be the maximum permitted
FAR/MIC of the zoning district or 120% of the average FAR/MIC of dwellings
immediately adjacent to the vacant lot, whichever is smaller. In the
case of all vacant lots in a particular block or area, the permitted
FAR/MIC of the zoning district may be increased by 10%.
D.
Yard exceptions.
(1)
Where the lot does not have the required width, each
side yard may be reduced by one foot for each five feet that the lot
is below the minimum required width, except that no side yard shall
be less than 1/2 that required by the zoning district.
(2)
Where the lot does not have required depth, the rear
yard may be reduced six inches for every foot below 100 feet in depth,
except that no rear yard shall be less than 1/2 that required by the
zoning district.
[Added 10-18-2004 by Ord. No. 2004-27; amended 9-15-2008 by Ord. No. 2008-24]
A partially or totally destroyed single-family
dwelling and structures accessory thereto, whether or not the lot
and structures are conforming, may be reconstructed, provided that
the structure is no larger than, and is the same location as, the
structure that was partially or totally destroyed.
A.
General requirements.
(1)
Accessory uses shall be permitted only on the same lot and within the same zoning district unless otherwise indicated, with the principal building to which they are accessory, except for parking as required in Part 1, Site Plan Review, of this chapter, and retention/detention basins as noted in Part 3, Subdivision and Site Plan Procedures, of this chapter. All accessory uses shall be such as do not alter the character of the premises on which they are located or impair the neighborhood. Such accessory uses shall not be located in any front, side or rear yard area, unless otherwise permitted in this Part 4. Accessways to off-street parking and loading areas may cross front yard areas or the yard area abutting a principal street from which site access is to be provided.
(2)
Bulk and area regulations. No distinction is made
in nonresidential districts regarding the dimensional limitations
between principal and other buildings or structures referred to as
accessory, except as permitted in this article. All such accessory
buildings or structures or uses in nonresidential districts shall
be governed by the bulk and area regulations of the district within
which they are located. All accessory structures and uses in residential
districts shall be set back a minimum of 20 feet from side and rear
property lines, except as herein modified by this chapter.
[Amended 10-27-2008 by Ord. No. 2008-42]
B.
Farm and agricultural uses. In the districts where
farm and agricultural uses are permitted, the following additional
provisions governing their use shall apply:
(1)
Such uses are conducted upon a lot not less than five
acres in area.
(2)
No building or structure used for shelter or enclosure
of fowl, game, horses, farm livestock or adult dogs shall be closer
to any property line than 200 feet.
(3)
Buildings used for the shelter of fowl of any kind
shall have a maximum usable floor area of 2,000 square feet for the
first 10 acres and 5,000 additional square feet for each additional
acre.
(4)
One domestic horse for the personal use of the occupants
of the residence may be maintained on any lot at least three acres
in size.
(5)
The display for sale of products grown or raised by
the owner, tenant or lessee on a roadside stand shall only be permitted
where:
(a)
The sale of such products are within the confines
of the property upon which they have been grown or raised.
(b)
The place of sale or storage of any such products,
whether of a permanent or temporary nature, shall not be closer than
100 feet to any side lot line.
(c)
The sale of any such products shall not have
a deleterious effect on adjoining properties by reason of nuisance
or health hazard.
C.
Swimming pools and similar personal recreational
facilities in residential zones.[1] Except for portable swimming pools less than three feet
in height and less than 10 feet in length or diameter, the following
regulations shall apply to permanent and portable swimming pools and
similar recreational facilities accessory to a residential use:
[Amended 4-20-1990 by Ord. No. 90-12]
(1)
Said use shall be erected on the same lot as the principal
structure.
(2)
Said use shall comply with a minimum setback of 20
feet from side and rear property lines.
[Amended 10-27-2008 by Ord. No. 2008-42]
(3)
Said use shall be appropriately screened and fenced
so as not to adversely affect adjoining properties.
(4)
Said use shall meet all applicable codes and ordinances
of the Township of West Windsor and any regulations of a county or
state agency.
(5)
A pool or water surface shall not be counted as part
of a lot's maximum improvement coverage requirements.
D.
Storage sheds in residential districts. Such storage
facilities on the same lot as the principal structure may be located
within 10 feet of the required side and rear yards, but shall conform
to front yard setback requirements for principal structures. Storage
sheds on corner lots shall not be located closer to the side street
property line than the required setback line for a front yard in the
zoning district within which the lot is located.
E.
Tennis courts and multipurpose sports patios in residential zones. The following regulations shall apply to all tennis courts and multipurpose sports patios accessory to a residential use, except that only Subsections E(6) and (7) shall apply to multipurpose sports patios of less than 225 square feet:
[Added 4-20-1990 by Ord. No. 90-12; 12-19-1994 by Ord. No. 94-62]
(1)
A minimum lot area of one acre is required for a tennis
court; a minimum lot area of not less than 3/4 of an acre is required
for a multipurpose sports patio.
(2)
Tennis courts and multipurpose sports patios shall
be erected on the same lot as the principal structure.
(3)
Neither tennis courts nor multipurpose sports patios
shall be permitted in any front yard area and shall be a minimum of
30 feet from any property line.
(4)
The courts and patios shall be appropriately screened
with vegetative landscaping and fenced so as not to adversely affect
adjoining properties.
(5)
No fencing greater than 10 feet in height shall be
permitted for either tennis courts or multipurpose sports patios.
(6)
No lighting shall be permitted for the courts or patios
in order to ensure that the courts and patios are used only during
daytime hours.
(7)
In no case can the court or sports patio be located
between the dwelling and street, nor shall they infringe upon any
yard setback area.
(8)
One backstop and not more than two basketball backboards
shall be permitted at a maximum height of 10 feet on either tennis
courts or sports patios. For the purpose of basketball backboards,
the maximum 10 feet height shall be measured from the ground to the
basketball rim.
(9)
The area of tennis courts and multipurpose sports
patios shall be included in the calculation of maximum improvement
coverage.
F.
Satellite dish antennas.
[Added 4-20-1992 by Ord. No. 92-11]
(1)
Satellite dish antennae are permitted accessory structures
when located on a single-family dwelling lot, provided that the same
is located a distance of at least 10 feet from the side and rear property
lines. Satellite dish antenna shall mean a combination of a dish whose
purpose is to receive communications or other signals from orbiting
satellites, a low-noise amplifier which is situated in the focal point
of the receiving dish and whose purpose is to magnify and transfer
signals and a cable and appurtenances whose purpose is to carry the
signal to the interior of a structure.
(2)
Such satellite dish antennas shall be subject, in
addition, to the following standards:
(a)
No satellite dish antenna shall be located in
the front yard.
(b)
No satellite dish antenna shall extend higher
than 15 feet above ground level or be greater than 15 feet in diameter;
provided, however, that a satellite dish whose diameter is 12 inches
or less may extend more than 15 feet above the ground.
(c)
A satellite dish antenna shall not be placed
on any lot which does not contain a permitted principal residential
structure.
(d)
No lot shall contain more than one satellite
dish antenna.
(e)
Construction of all facilities including wires,
conduits and cables shall be constructed, where applicable, in accordance
with the Uniform Construction Codes.[2]All installations of satellite dish antenna shall meet
local, state and federal requirements and shall be constructed in
accordance with the manufacturer's recommendations, provided that
the same are at least as comprehensive as local, state and federal
regulations.
(f)
The satellite dish shall be colored in a manner
to blend with existing surfaces and backdrops, to the extent practicable.
(g)
Landscaping shall be provided in the area of
the pad of the antenna to soften its appearance; however, there is
no requirement for landscaping which will interfere with the ability
of the disk to receive signals.
(h)
Satellite dish antennas shall be installed in
a manner so as not to interfere with television, radio or similar
reception in adjacent areas and shall in all cases meet state and
federal requirements.
(i)
Satellite dish antennas on corner lots shall
not be located closer to the side street property line than the required
setback line for a front yard in the zoning district within which
the lot is located.
A.
Landscape transition buffer. A landscape transition
buffer satisfactory to the Planning Board of not less than 25 feet
in width shall be provided and maintained by the owner or lessee of
a property between any nonresidential use and contiguous residentially
zoned districts.
(1)
The Planning Board may waive the requirements to provide a transition buffer where natural or man-made physical barriers exist such that an effective visual separation exists between residential and nonresidential uses or a landscape strip, screen or fence as stipulated in Subsection B of this section is provided.
(2)
Yard requirements shall be deemed to be counted as
part of the landscape transition buffer area. Where yard areas are
less than the required buffer area, they shall be increased accordingly.
B.
Landscape strips, fences or screens.
(1)
A landscape strip of at least 10 feet in width, or, in lieu thereof, a fence, shall be provided and maintained by the owner or lessee of a property within landscape transition buffers or in any case where a nonresidential use as permitted in this Part 4 is contiguous to or abuts upon any property or area classified for residential purposes or the rear or either side line which abuts upon a street separating it from any property classified for residential purposes.
(2)
Such landscape strip, screen or fence shall be of such a type and designed in such manner as to obscure from view at ground level such nonresidential property from the contiguous or abutting or neighboring residential properties and be constructed of materials and be of a design subject to the special requirements for such strips, screens or fences as stipulated in Part 1, Site Plan Review, of this chapter. Such planting strip, screen or fence shall be not less than six feet high at the time of installation, nor shall a fence be more than eight feet high.
C.
Fences, residential districts. No fence or wall forward
of the front setback line shall exceed four feet in height.
A.
Landscaping in nonresidential districts. Other provisions of this Part 4 notwithstanding, in any nonresidential district, the entire lot, except for areas covered by buildings or surfaced as parking, recreation or service areas, shall be seeded, sodded or planted with ground cover and suitably landscaped in accordance with an overall landscape plan consistent with the natural surroundings. All landscaping shall be properly maintained throughout the life of any use on said lot. Existing trees or landscaping located within 20 feet of any street line, lot or zoning district line shall not be removed, except upon written approval by the Planning Board, nor shall the existing grade within that space be disturbed without such approval.
B.
Landscaping requirements where parking is in front
yard areas.
(1)
So as to obstruct from view at the street line any
parking area in the front yard, the front yard area not containing
parking shall contain a landscape strip or screen. Landscaped earth
berms may also be used in front yard areas where there is sufficient
area to allow for their construction and long term maintenance. Such
landscaping shall be subject to the approval of the Planning Board
and shall be maintained throughout the effective period of any certificate
of occupancy on a lot.
C.
Natural landscape area along watercourses. No building or parking area shall be located within 200 feet from the center line of any stream or within a flood hazard area, except as may be modified by Part 6 of this chapter, Floodplain Management Regulations. Such area shall be deemed to be part of any landscape area or landscape transition buffer when required.
[Amended 6-12-2023 by Ord. No. 2023-03]
D.
Screening of outdoor storage. Any article or material
stored outside an enclosed building as an incidental part of the primary
operation on a lot shall be so screened by fencing, walls or evergreen
planting that it cannot be seen from adjoining public streets or adjacent
lots when viewed by a person standing on the ground level.
A.
Corner lots.
(1)
Obstruction to vision at street intersections. At all street intersections in all districts, no obstructions to vision exceeding 30 inches in height above curb level shall be erected or maintained on any lot within the sight triangle as required by Part 2, Subdivision, of this chapter. This requirement shall apply to existing as well as proposed street intersections.
(2)
Yards. On a corner lot, one yard other than the front
yard shall be deemed to be a rear yard and the other or others side
yards.
B.
Through lots. On a through lot, front yards are required
on all street lines.
C.
Lot frontage/width. When a lot adjoins a cul-de-sac
or is on a curved alignment with an outside radius of less than 500
feet, such frontage may be reduced to not less than 1/2 the required
lot width, and the minimum lot width at the setback line may be reduced
to not less than 75% of the required lot width.
D.
Lot depth. The required lot depth at any point may
be decreased by 25% if the average lot depth conforms with the minimum
requirement.
E.
Measurement of setbacks, Where a building lot has
frontage upon a street, or streets in the case of a corner lot, which
on the Master Plan or Official Map of West Windsor Township is contemplated
for right-of-way widening, the required setback distance shall be
measured from such proposed right-of-way line.
F.
Height exceptions. The height limitations of this Part 4 shall not apply to church spires, belfries, cupolas and domes not used for human occupancy, nor to chimneys or radio and television antennas or wireless communication antennas for the sole use of the business on the site and required by federal law for emergency communications purposes if they are less than 55 feet above average grade, which grade shall be substantially unchanged from the natural grade at the time of a construction permit application. Mechanical equipment, such as penthouse elevators, condensers, exhaust fans, air conditioners and similar equipment, stair enclosures and skylights or atrium structures, may exceed the maximum permitted height in the district by up to 10 feet, provided that such structures in the aggregate do not exceed 10% of the roof area on which they are located and are properly shielded or screened. Except for walls of elevators and stair enclosures when required by the plan of the building, all such screened mechanical equipment structures may be either 10 feet from the perimeter walls of a building or integral with the front facade of the building if designed as an architectural extension of the facade and contain similar building materials.
[Amended 12-27-1982 by Ord. No.
82-54; 12-27-1988 by Ord. No. 88-51; 9-15-2008 by Ord. No. 2008-23]
G.
Courts. The minimum dimension of an inner court shall
not be less than twice the average height of all surrounding walls.
However, in no case shall an inner court have a dimension of less
than 30 feet. The height of walls surrounding an inner court shall
be measured from finished grade at the base thereof to the top of
such wall, except that in the case of roofs with a slope exceeding
five inches vertical to 12 inches horizontal, the height shall be
measured to the mean point between the top of said wall and the highest
point of the roof. The minimum dimension of an outer court shall be
20 feet, and its depth shall not exceed its width.
H.
Minimum net habitable floor area. Minimum net habitable floor areas for permitted residential uses in this Part 4 shall comply with the least restrictive of the most current minimum floor areas as promulgated by the New Jersey Housing Finance Agency or by the United States Department of Housing and Urban Development minimum property standards manuals.
I.
Number of buildings restricted. There shall be not more than one principal structure on each lot in any residence district except as may be allowed in planned residential neighborhoods, planned residential developments or in R-3 to R-5 Districts. In any other zone, applicants seeking to develop more than one principal structure on each lot shall comply with the provisions of Part 1, Site Plan Review, of this chapter, and submit for Planning Board approval a site plan showing existing, proposed and all future developments on the site.
J.
Frontage upon a street. Every principal building shall
be built upon a lot with the minimum lot width fronting upon an improved
and approved street in accordance with the road standards established
by the Township or on a private road shown on an approved site plan.
K.
Minimum occupancy requirements. The number of occupants per permitted residential use in this Part 4 shall comply with the most current occupancy guidelines as established by the Unite States Department of Housing and Urban Development (Manual 7465.1), which establishes reasonable criteria limiting the number of occupants per dwelling unit to available sleeping and bedroom facilities.
L.
Application of reverse frontage buffer requirements
on arterial roads and major collector streets. For all multifamily
units and attached dwelling units that abut an arterial or major collector
street, the required reverse frontage buffer easement shall be excluded
from the calculation of all setback requirements.
[Amended 4-20-1990 by Ord. No. 90-12]
Permanent signs shall be subject to the requirements stipulated in Part 1, Site Plan Review, of this chapter. Temporary signs shall be governed by the regulations contained in Article XXVI herein with design standards, if not stipulated in Article I, conforming to the provisions of Part 1, Site Plan Review, of this chapter.
[Amended 8-22-1988 by Ord. No. 88-15]
Home occupations shall be permitted in all resident
districts, provided that:
A.
No person other than members of the family residing
on the premises plus one outside employee shall be engaged in such
occupation. The person whose occupation is being operated from the
home shall reside on the premises.
B.
The use of the dwelling unit for the home occupation
shall be clearly incidental and subordinate to its use for residential
purposes by its occupants, and not more than 25% of the floor area
of the principal dwelling on the lot, except those used for farm purposes,
shall be used in the conduct of the home occupation.
C.
Such occupation shall be pursued only in single-family
dwelling units, shall give no external evidence of nonresidential
use other than a small nameplate sign not to exceed one square foot
in size and shall not display products visible from the street.
D.
The lot upon which the premises is located is 3/4
acre or larger, and no traffic or parking shall be generated in excess
of three passenger automobiles at any one time, in addition to those
used by the owner or tenant, all of which must be parked off-street,
in properly designed spaces, except that a home occupation may be
located in a single-family dwelling unit on a lot smaller than 3/4
acre if no employees are hired therefor, the occupation does not generate
more than one passenger automobile at any one time, in addition to
those used by the owner or tenant, and only one off-street parking
space is provided for use of customers of the home occupation.
E.
No mechanical or electrical equipment is used that
will be detectable to the normal senses or that will create electrical
or audio interference.
F.
The retail sale of goods shall not be construed to be a home occupation under the terms of this Part 4.
G.
There shall be no more than one home occupation in
any one dwelling unit.
H.
Applicants for home occupation permits proposing to
hire an employee or provide more than one off-street parking space
for customers shall by certified mail, return receipt requested, provide
notice to all property owners within 200 feet of the lot upon which
the home occupation is proposed to be located specifying that the
applicant has applied for a home occupation permit, setting forth
the substance of the application and stating that the Zoning Officer
will decide the application 30 days from the date of the notice unless
the Zoning Officer receives written objections thereto. If the Zoning
Officer receives written objections, he or she shall grant or deny
the application, with or without conditions, or refer the application
to the Planning Board for site plan review.
I.
No change shall be permitted to the exterior of the
home to accommodate the home occupation.
[Added 12-16-1991 by Ord. No. 91-34]
J.
Adequate indoor and outdoor play areas shall be provided
for any family day-care home. The determination of whether adequate
play areas are provided shall be based upon guidelines established
in the Manual of Requirements for Child Care Centers by the New Jersey
Division of Youth and Family Services.
[Added 12-16-1991 by Ord. No. 91-34]
For purpose of this Part 4, calculation of common open space shall not include parking areas or accessways thereto, lands privately owned or in fee simple or open space lands that are part of a residential condominium or rental project and used for the calculation of net density requirements.
A.
General. Various types of planned developments listed as permitted or conditional uses in certain districts herein may be permitted by the Planning Board only after it has determined that the development proposal complies with the conditions and standards set forth in this section, notwithstanding other applicable regulations of this Part 4 or additional conditions for the particular planned development.
B.
Findings for planned developments. Prior to approval
of any planned development, the Planning Board shall find as required
by N.J.S.A. 40:55D-45 the following facts and conclusions:
(1)
That the departures by the proposed development from
zoning regulations otherwise applicable to the subject property conform
to the zoning standards applicable to the planned development.
(2)
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.
(3)
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.
(4)
That the proposed planned development will not have
an unreasonably adverse impact upon the area in which it is proposed
to be established.
(5)
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 of the residents,
occupants and owners of the proposed development in the total completion
of the development are adequate.
Electric and telephone lines shall be underground
to the structures from existing utility poles.
[Added 6-14-2021 by Ord. No. 2021-11]
Prohibited uses. All marketplace classes of cannabis to include
cultivator, manufacturer, wholesaler, distributor, retailer, and delivery
as said terms are defined in Section 3 of P.L. 2021, c. 16, shall
be prohibited uses in all zones in the municipality.
[1]
Editor's Note: Former § 200-236,
Flag lots, was repealed 9-15-2008 by Ord. No. 2008-20.
[Amended 2-25-1985 by Ord. No. 85-1; 10-7-1985 by Ord. No. 85-25; 2-21-1989 by Ord. No. 89-04; 10-2-1989 by Ord. No. 89-28; 10-16-1989 by Ord. No. 89-43; 9-26-1994 by Ord. No. 94-45; 1-9-1995 by Ord. No. 94-63; 6-6-2005 by Ord. No. 2005-08; 10-15-2007 by Ord. No. 2007-18; 3-18-2019 by Ord. No. 2019-12]
A.
Purpose.
(1)
The title of this section shall be the "Affordable Housing Regulations."
(2)
The Legislature of the State of New Jersey has, in the Fair
Housing Act, N.J.S.A. 52:27D-301 et seq., delegated the authority
to local governments to adopt an ordinance to provide a realistic
opportunity for sound shelter for low- and moderate-income households.
B.
Monitoring requirements.
(1)
On the first anniversary of the entry of a final judgment, and
every anniversary thereafter through the end of 2025, the Township
shall provide annual reporting of its Affordable Housing Trust Fund
activity to the New Jersey Department of Community Affairs (DCA),
Council on Affordable Housing (COAH), Local Government Services (LGS)
or other entity designated by the State of New Jersey, with a copy
provided to Fair Share Housing Center (FSHC) and posted on the municipal
website, using forms developed for this purpose by the DCA, COAH or
LGS.
(2)
On the first anniversary of the entry of a final judgment, and
every anniversary thereafter through the end of 2025, the Township
shall provide annual reporting of the status of all affordable housing
activity within the Township through posting on the municipal website,
with copies provided to FSHC, using forms previously developed for
this purpose by COAH or any other forms agreed to by the Township,
the court-appointed Special Master and FSHC.
(3)
For the midpoint realistic opportunity review, due on July 1,
2020, as required pursuant to N.J.S.A. 52:27D-313, the Township shall
post on its municipal website, with a copy provided to FSHC, a status
report as to its implementation of its Plan.
(4)
For the review of very-low-income housing requirements required
by N.J.S.A. 52:27D-329.1, within 30 days of the third anniversary
of the entry of final judgment, and every third year thereafter, the
Township will post on its municipal website, with a copy provided
to FSHC, a status report as to its satisfaction of its very-low-income
requirements.
C.
ACT
ADAPTABLE
ADMINISTRATIVE AGENT
AFFIRMATIVE MARKETING
AFFORDABILITY AVERAGE
AFFORDABLE
AFFORDABLE HOUSING DEVELOPMENT
AFFORDABLE HOUSING PROGRAM(S)
AFFORDABLE UNIT
AGE-RESTRICTED UNIT
AGENCY
ALTERNATIVE LIVING ARRANGEMENT
ASSISTED LIVING RESIDENCE
CERTIFIED HOUSEHOLD
COAH
COURT
DCA
DEFICIENT HOUSING UNIT
DEVELOPER
DEVELOPMENT
INCLUSIONARY DEVELOPMENT
LOW-INCOME HOUSEHOLD
LOW-INCOME UNIT
MAJOR SYSTEM
MARKET-RATE UNITS
MEDIAN INCOME
MODERATE-INCOME HOUSEHOLD
MODERATE-INCOME UNIT
NONEXEMPT SALE
RANDOM SELECTION PROCESS
REGIONAL ASSET LIMIT
REHABILITATION
RENT
RESTRICTED UNIT
UHAC
VERY-LOW-INCOME HOUSEHOLD
VERY-LOW-INCOME UNIT
WEATHERIZATION
Definitions. The following terms when used in this section shall
have the meanings given in this section:
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.)
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
The entity 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).
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which new restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
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 100% affordable
housing development.
Any mechanism in a municipal Fair Share Plan prepared or
implemented to address a municipality's fair share obligation.
A housing unit proposed or created pursuant to the Act and
approved for crediting by the Court and/or funded through an affordable
housing trust fund.
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that all the residents of the development wherein the unit is
situated are 62 years of age or older; or at least 80% of the units
are occupied by one person who is 55 years of age or older; or 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.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).
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.
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.
A household that has been certified by an administrative
agent as a low-income household or moderate-income household.
The Council on Affordable Housing, as established by the
New Jersey Fair Housing Act (N.J.S.A. 52:27D-301, et seq.), or any
successor agency charged with the administration of the Act.
The Superior Court of New Jersey, Law Division, Mercer County.
The State of New Jersey Department of Community Affairs.
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.
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.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1, et seq.
A development containing both affordable units and market
rate units. This term includes, but is not 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.
A household with a total gross annual household income equal
to 50% or less of the regional median household income by household
size.
A restricted unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building which
include, but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement and load-bearing structural
systems.
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
The median income by household size for the applicable housing
region, as adopted annually by COAH or a successor entity approved
by the Court.
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.
A restricted unit that is affordable to a moderate-income
household.
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a class A
beneficiary and the transfer of ownership by court order.
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by duly adopted regional income limits published annually
by COAH or a successor entity.
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted living residences, rent does
not include charges for food and services.
A dwelling unit, whether a rental unit or 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.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26, et seq.
A household with a total gross annual household income equal
to 30% or less of the regional median household income by household
size.
A restricted unit that is affordable to a very-low-income
household.
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for purposes of a rehabilitation
program.
D.
Applicability.
(1)
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 West Windsor Township pursuant
to the Township's most recently adopted Housing Element and Fair Share
Plan.
(2)
Moreover, this section shall apply to all developments that
contain low- and moderate-income housing units, including any currently
anticipated future developments that will provide low- and moderate-income
housing units.
(3)
All low and moderate income units, including all units created
through low-income housing tax credits and other outside funding sources,
shall have minimum thirty-year affordability controls and shall comply
with the income and bedroom distribution requirements of UHAC, except
that instead of 10% of all affordable rental units being affordable
to households earning 35% or less of the regional median household
income by household size, 13% of all affordable rental units shall
be affordable to very-low-income households earning 30% or less of
the regional median household income by household size, which very-low-income
units shall be counted as part of the low-income housing requirements
set forth in UHAC.
E.
Rehabilitation program.
(1)
West Windsor's rehabilitation program shall be designed to renovate
deficient housing units occupied by low- and moderate-income households
such that, after rehabilitation, these units will comply with the
New Jersey State Housing Code pursuant to N.J.A.C. 5:28.
(2)
Both owner-occupied and renter-occupied units shall be eligible
for rehabilitation funds.
(3)
All rehabilitated units shall remain affordable to low- and
moderate-income households for a period of 10 years (the control period).
For owner occupied units the control period will be enforced with
a lien and for renter occupied units the control period will be enforced
with a deed restriction.
(4)
West Windsor Township shall dedicate a minimum of $10,000 for
each unit to be rehabilitated through this program.
(5)
West Windsor Township shall adopt a resolution committing to
fund any shortfall in the rehabilitation programs for the Township.
(6)
West Windsor Township shall designate, subject to the approval
of the Court, one or more administrative agents to administer the
rehabilitation program in accordance with N.J.A.C. 5:96 and N.J.A.C.
5:97. The administrative agent(s) shall provide a rehabilitation manual
for the owner-occupancy rehabilitation program and a rehabilitation
manual for the rental-occupancy rehabilitation program to be adopted
by resolution of the governing body and subject to approval of the
Court. Both rehabilitation manuals shall be available for public inspection
in the office of the Municipal Clerk and in the office(s) of the administrative
agent(s).
(7)
Units in a rehabilitation program shall be exempt from N.J.A.C.
5:97-9 and Uniform Housing Affordability Controls (UHAC), but shall
be administered in accordance with the following:
(a)
If a unit is vacant, upon initial rental subsequent to rehabilitation,
or if a renter-occupied unit is rerented prior to the end of controls
on affordability, the deed restriction shall require the unit to be
rented to a low- or moderate-income household at an affordable rent
and affirmatively marketed pursuant to N.J.A.C. 5:97-9 and UHAC.
(b)
If a unit is renter-occupied, upon completion of the rehabilitation,
the maximum rate of rent shall be the lesser of the current rent or
the maximum permitted rent pursuant to N.J.A.C. 5:97-9 and UHAC.
(c)
Rents in rehabilitated units may increase annually based on
the standards in N.J.A.C. 5:97-9.
(d)
Applicant and/or tenant households shall be certified as income-eligible
in accordance with N.J.A.C. 5:97-9 and UHAC, except that households
in owner-occupied units shall be exempt from the regional asset limit.
F.
Alternative living arrangements.
(1)
The administration of an alternative living arrangement shall
be in compliance with N.J.A.C. 5:93-5.8 and Uniform Housing Affordability
Controls (UHAC), with the following exceptions:
(2)
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 COAH or the Court.
(3)
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.
G.
Inclusionary zoning.
(1)
To implement the fair share plan in a manner consistent with
the affordable housing regulations, to ensure the efficient use of
land through compact forms of development and to create realistic
opportunities for the construction of affordable housing, West Windsor
Township has created several inclusionary housing zones. These inclusionary
housing zones are detailed in the Housing Element and Fair Share Plan,
dated February 27, 2019.
H.
Phasing schedule for inclusionary zoning. In inclusionary development
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
|
I.
New construction.
(1)
Low/moderate split and bedroom distribution of affordable housing
units:
(a)
The fair share obligation shall be divided equally between low-
and moderate-income units, except that where there is an odd number
of affordable housing units, the extra unit shall be a low-income
unit. 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.
(b)
At least 25% of the obligation shall be met through rental units,
including at least half in rental units available to families.
(c)
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 nonrestricted.
(d)
In each affordable development, at least 50% of the restricted
units within each bedroom distribution shall be low-income units,
including that at least 13% of the restricted units in each bedroom
distribution shall be very-low-income units.
(e)
Affordable developments that are not age-restricted shall be
structured in conjunction with realistic market demands such that:
[1]
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total low- and moderate-income units;
[2]
At least 30% of all low- and moderate-income units shall be
two-bedroom units;
[3]
At least 20% of all low- and moderate-income units shall be
three-bedroom units; and
[4]
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
(f)
In accordance with the Uniform Housing Affordability Controls,
N.J.A.C. 5:80-26.3(c), for low- and moderate-income age-restricted
units, at a minimum, the number of bedrooms shall equal the number
of age-restricted low- and moderate-income units within the affordable
development. This standard may be met by having all one-bedroom units
or by having a two-bedroom unit for each efficiency unit. The Township
shall not be permitted to claim credit to satisfy its obligations
for age-restricted units that exceed 25% of all units developed.
(2)
Accessibility requirements.
(a)
The first floor of all restricted townhouse dwelling units and
all restricted units in all other multistory buildings shall be subject
to the technical design standards of the Barrier Free Subcode, N.J.A.C.
5:23-7.
(b)
All restricted townhouse dwelling units and all restricted units
in other multistory buildings in which a restricted dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
[1]
An adaptable toilet and bathing facility on the first floor;
and
[2]
An adaptable kitchen on the first floor; and
[3]
An interior accessible route of travel on the first floor; and
[4]
An adaptable room that can be used as a bedroom, with a door
or casing for the installation of a door, on the first floor; and
[5]
If not all of the foregoing requirements in Subsection I(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 I(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
[6]
An accessible entranceway as set forth at P.L. 2005, c. 350
(N.J.S.A. 52:27D-311a, et seq.) and the Barrier Free Subcode, N.J.A.C.
5:23-7, or evidence that West Windsor 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 West Windsor Township'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 I(2)(b)[6][b] above shall be used by West Windsor Township 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 West
Windsor Township 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
meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7,
and that the cost estimate of such conversion is reasonable, payment
shall be made to the Township'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.
(4)
Maximum rents and sales prices.
(a)
In establishing rents and sales prices of affordable housing
units, the administrative agent shall follow the procedures set forth
in UHAC, utilizing the regional income limits, which shall be updated
by the Township annually within 30 days of the publication of determinations
of median income by HUD as follows below. This does not include units
established through a federal program exempted from UHAC pursuant
to N.J.A.C. 5:80-26.1.
[1]
Regional income limits shall be established for the housing
region in which the Township is located (in this case, Housing Region
4) 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 number of 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.
[2]
The income limits attached to the settlement agreement as Exhibit
D[1] are the result of applying the percentages set forth in Subsection I(4)(a)[1] above to HUD's determination of median income for FY 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.
[1]
Editor’s Note: Exhibit D is on file in Township offices.
[3]
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 I(4)(a)[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.
[4]
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 process outlined above. In no event shall the maximum resale
price established by the administrative agent be lower than the last
recorded purchase price.
[5]
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.
(b)
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for restricted rental units
shall be affordable to households earning no more than 52% of median
income.
(c)
The developers and/or municipal sponsors of restricted rental
units shall establish at least one rent for each bedroom type for
both low-income and moderate-income units, provided that at least
13% of all low- and moderate-income rental units shall be affordable
to very-low-income households, earning 30% or less of the regional
median household income, with such very-low-income units counted the
low-income housing requirement.
(d)
The maximum sales price of restricted ownership units within
each affordable development shall be affordable to households earning
no more than 70% of median income, and each affordable development
must achieve an affordability average of 55% for restricted ownership
units; in achieving this affordability average, moderate-income ownership
units must be available for at least three different 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.
(e)
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:
[1]
A studio shall be affordable to a one-person household;
[2]
A one-bedroom unit shall be affordable to a 1 1/2 person
household;
[3]
A two-bedroom unit shall be affordable to a three-person household;
[4]
A three-bedroom unit shall be affordable to a 4 1/2 person
household; and
[5]
A four-bedroom unit shall be affordable to a six-person household.
(f)
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:
(g)
The initial purchase price for all restricted ownership units
shall be calculated so that the monthly carrying cost of the unit,
including principal and interest (based on a mortgage loan equal to
95% of the purchase price and the Federal Reserve H.15 rate of interest),
taxes, homeowner and private mortgage insurance and condominium or
homeowner association fees do not exceed 28% of the eligible monthly
income of the appropriate size household as determined under N.J.A.C.
5:80-26.4, as it 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 it may be amended and supplemented.
(h)
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30% of the eligible monthly income of the appropriate
size household, including an allowance for tenant paid utilities,
as determined under N.J.A.C. 5:80-26.4, as it 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 it may be amended and
supplemented.
(i)
The price of owner-occupied low- and moderate-income units may
increase annually based on the percentage increase in the regional
median income limit for each housing region. In no event shall the
maximum resale price established by the administrative agent be lower
than the last recorded purchase price.
(j)
The rent of low- and moderate-income units may be increased
annually based on the permitted percentage increase in the Housing
Consumer Price Index for the United States. This increase shall not
exceed 9% in any one year. Rents for units constructed pursuant to
low-income housing tax credit regulations shall be indexed pursuant
to the regulations governing low-income housing tax credits.
J.
Utilities.
(1)
Affordable units shall utilize the same type of heating/ventilation/air
conditioning (HVAC) source as market units within an inclusionary
development.
(2)
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 the Section 8 program.
K.
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 units, strive
to:
L.
Control periods for restricted ownership units and enforcement mechanisms.
(1)
Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each
restricted ownership unit shall remain subject to the requirements
of this section for a period of at least 30 years, until West Windsor
takes action to release the unit from such requirements; prior to
such action, a restricted ownership unit must remain subject to the
requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented.
(2)
The affordability control period for a restricted ownership
unit shall commence on the date the initial certified household takes
title to the unit.
(3)
Prior to the issuance of the initial certificate of occupancy
for a restricted ownership unit and upon each successive sale during
the period of restricted ownership, the administrative agent shall
determine the restricted price for the unit and shall also determine
the nonrestricted, fair market value of the unit based on either an
appraisal or the unit's equalized assessed value without the restrictions
in place.
(4)
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.
(5)
The affordability controls set forth in this section shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
(6)
A restricted ownership unit shall be required to obtain a continuing
certificate of occupancy or a certified statement from the Construction
Official stating that the unit meets all Code standards upon the first
transfer of title following the removal of the restrictions provided
under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
M.
Price restrictions for restricted ownership units, homeowner association
fees and resale prices. Price restrictions for restricted ownership
units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended
and supplemented, including:
(1)
The initial purchase price for a restricted ownership unit shall
be approved by the administrative agent.
(2)
The administrative agent shall approve all resale prices, in
writing and in advance of the resale, to assure compliance with the
foregoing standards.
(3)
The 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.
(4)
The owners of restricted ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of 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 O.
N.
Buyer income eligibility.
(1)
Buyer income eligibility for restricted ownership units shall
be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to 50% of median
income and moderate-income ownership units shall be reserved for households
with a gross household income less than 80% of median income.
(2)
Notwithstanding the foregoing, the administrative agent may,
upon approval by the Township Council, and subject to the Court's
approval, permit a moderate-income purchaser to buy a low-income unit
if and only if the administrative agent can demonstrate that there
is an insufficient number of eligible low-income purchasers in the
housing region to permit prompt occupancy of the unit and all other
reasonable efforts to attract a low-income purchaser, including pricing
and financing incentives, have failed. Any such low-income unit that
is sold to a moderate-income household shall retain the required pricing
and pricing restrictions for a low-income unit.
(3)
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.
(4)
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.
O.
Limitations on indebtedness secured by ownership unit; subordination.
(1)
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.
(2)
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).
P.
Capital improvements to ownership units.
(1)
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 add 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.
(2)
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.
Q.
Control periods for restricted rental units.
(1)
Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and
each restricted rental unit shall remain subject to the requirements
of this section for a period of at least 30 years, until West Windsor
takes action to release the unit from such requirements. Prior to
such action, a restricted rental unit must remain subject to the requirements
of N.J.A.C. 5:80-26.1, as may be amended and supplemented.
(2)
Deeds of all real property that include restricted rental units
shall contain deed restriction language. The deed restriction shall
have priority over all mortgages on the property, and the deed restriction
shall be filed by the developer or seller with the records office
of the County of Mercer. A copy of the filed document shall be provided
to the administrative agent within 30 days of the receipt of a certificate
of occupancy.
(3)
A restricted rental unit shall remain subject to the affordability
controls of this section despite the occurrence of any of the following
events:
R.
Rent restrictions for rental units; leases.
(1)
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.
(2)
No additional fees or charges shall be added to the approved
rent (except, in the case of units in an assisted living residence,
to cover the customary charges for food and services) without the
express written approval of the administrative agent.
(3)
Application fees (including the charge for any credit check)
shall not exceed 5% of the monthly rent of the applicable restricted
unit and shall be payable to the administrative agent to be applied
to the costs of administering the controls applicable to the unit
as set forth in this section.
(4)
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.
S.
Tenant income eligibility.
(1)
Tenant income eligibility shall be in accordance with N.J.A.C.
5:80-26.13, as may be amended and supplemented, and shall be determined
as follows:
(a)
Very-low-income rental units shall be reserved for households
with a gross household income less than or equal to 30% of the regional
median household income by household size.
(b)
Low-income rental units shall be reserved for households with
a gross household income less than or equal to 50% of the regional
median household income by household size.
(c)
Moderate-income rental units shall be reserved for households
with a gross household income less than 80% of the regional median
household income by household size.
(2)
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:
(a)
The household currently pays more than 35% (40% for households
eligible for age-restricted units) of its gross household income for
rent, and the proposed rent will reduce its housing costs;
(b)
The household has consistently paid more than 35% (40% for households
eligible for age-restricted units) of eligible monthly income for
rent in the past and has proven its ability to pay;
(c)
The household is currently in substandard or overcrowded living
conditions;
(d)
The household documents the existence of assets with which the
household proposes to supplement the rent payments; or
(e)
The household documents 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.
A.
Purpose. The purpose of this section is to create the administrative
mechanisms needed for the execution of West Windsor Township's responsibility
to promote and oversee the provision of affordable housing pursuant
to the Fair Housing Act of 1985.
B.
ADMINISTRATIVE AGENT
MUNICIPAL HOUSING LIAISON
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The entity responsible for administering the affordability
controls of some or all units in the affordable housing program, and
all units in inclusionary developments, for West Windsor to ensure
that the restricted units under administration are affirmatively marketed
and sold or rented, as applicable, only to low- and moderate-income
households.
The municipal employee duly designated by the governing body
with the responsibility for monitoring, reporting oversight and general
administration of the affordable housing program for the Township
of West Windsor.
C.
Establishment of position and compensation; powers and duties.
(1)
Establishment of position of Municipal Housing Liaison. There
is hereby established the position of Municipal Housing Liaison for
West Windsor Township.
(2)
Subject to the approval of the Court, the Municipal Housing
Liaison shall be appointed by the governing body and may be a full-
or part-time municipal employee.
(3)
The Municipal Housing Liaison shall be responsible for monitoring,
reporting, oversight and general administration of the affordable
housing program for West Windsor Township, including the following
responsibilities which may not be contracted out to an administrative
agent:
(a)
Serving as West Windsor Township's primary point of contact
for all inquiries from the state, affordable housing providers, administrative
agents, and interested households;
(b)
Monitoring the status of all restricted units in West Windsor
Township's Housing Element and Fair Share Plan;
(c)
Compiling, verifying and publishing on the Township's website
all referenced monitoring reports as required by the Court;
(d)
Coordinating meetings with affordable housing providers and
the administrative agent(s) as applicable; and
(e)
Attending continuing education programs as required to obtain
and maintain certification as a Municipal Housing Liaison.
(4)
Subject to approval by the Court, West Windsor Township may
contract with or authorize a consultant, authority, government or
any agency charged by the governing body, which entity shall have
the responsibility of administering the affordable housing program
of West Windsor Township. If West Windsor Township contracts with
another entity to administer all or any part of the affordable housing
program, including the affordability controls and affirmative marketing
plan, the Municipal Housing Liaison shall supervise the contracting
administrative agent.
(5)
Compensation. Compensation shall be fixed by the governing body
at the time of the appointment of Municipal Housing Liaison.
[Amended 8-26-2024 by Ord. No. 2024-21]
A.
Purpose. The purpose of this section is to create the administrative
mechanisms needed for the execution of West Windsor Township's
responsibility to promote and oversee the provision of affordable
housing pursuant to the Fair Housing Act of 1985.
B.
Establishment of position; powers and duties. Administrative agents
may be an independent entity serving under contract to and reporting
to the municipality. The fees of the administrative agents shall be
paid by the owners of the affordable units for which the services
of the administrative agents are required. The administrative agents
shall perform the duties and responsibilities of administrative agents
as set forth in UHAC, including those set forth in Sections 5:80-26.14,
16 and 18 thereof, which includes:
(1)
Affirmative marketing:
(a)
Conducting an outreach process to affirmatively market affordable
housing units in accordance with the Affirmative Marketing Plan of
West Windsor Township and the provisions of N.J.A.C. 5:80-26.15; and
(b)
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.
(2)
Household certification:
(a)
Soliciting, scheduling, conducting and following up on interviews
with interested households;
(b)
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;
(c)
Providing written notification to each applicant as to the determination
of eligibility or noneligibility;
(d)
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.;
(e)
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;
(f)
Employing a random selection process as provided in the affirmative
marketing plan of West Windsor Township when referring households
for certification to affordable units.
(3)
Affordability controls:
(a)
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;
(b)
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;
(c)
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 Mercer County Clerk's office after
the termination of the affordability controls for each restricted
unit;
(d)
Communicating with lenders regarding foreclosures; and
(e)
Ensuring the issuance of continuing certificates of occupancy
or certifications pursuant to N.J.A.C. 5:80-26.10.
(4)
Resales and rerentals:
(a)
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
(b)
Instituting and maintaining an effective means of communicating
information to low- (or very-low-) and moderate-income households
regarding the availability of restricted units for resale or re-rental.
(5)
Processing requests from unit owners:
(a)
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;
(b)
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;
(c)
Notifying the municipality of an owner's intent to sell
a restricted unit; and
(d)
Making determinations on requests by owners of restricted units
for hardship waivers.
(6)
Enforcement:
(a)
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;
(b)
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;
(c)
Posting annually, in all rental properties (including two-family
homes), 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;
(d)
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;
(e)
Establishing a program for diverting unlawful rent payments
to the municipality's Affordable Housing Trust Fund; and
(f)
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.
(7)
Additional responsibilities:
(a)
The administrative agents shall have the authority to take all
actions necessary and appropriate to carry out their responsibilities
hereunder.
(b)
The administrative agents shall prepare monitoring reports for
submission to the Municipal Housing Liaison in time to meet the Court-approved
monitoring and reporting requirements in accordance with the deadlines
set forth in this section.
(c)
The administrative agents shall attend continuing education
sessions on affordability controls, compliance monitoring, and affirmative
marketing at least annually and more often as needed.
C.
Additional administrative agents. Any agreement that the municipality
enters into with one or more administrative agents will address the
areas of responsibility of each administrative agent as to each other
and with respect to the municipality. The municipality may designate
one of the administrative agents as the "lead" agent, and require
that the other administrative agent(s) that may be established report
to the lead agent and regularly provide information to the lead administrative
agent about the affordable units that the other administrative agent
is responsible for, so that the lead administrative agent has the
same access to the information as if it was solely responsible for
the affordable units and performing the duties described in this Section.
D.
Change of administrative agents. The municipality and administrative
agents shall, to the extent necessary and applicable, comply with
the provisions of N.J.A.C. 5:80-26.17 (Procedures for changing administrative
agents).
E.
Choice of administrative agents. The selection of administrative
agent is the municipality's in its sole discretion.
A.
The Township of West Windsor shall adopt by resolution an affirmative
marketing plan, subject to the approval of the Court that is compliant
with N.J.A.C. 5:80-25.15, as it may be amended and supplemented.
B.
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 FSHC,
New Jersey State Conference of the NAACP, the Latino Action Network,
STEPS, Ocean, Inc., the Greater Red Bank, Asbury Park/Neptune, Bayshore,
Greater Freehold, Greater Long Branch and Trenton Branches of the
NAACP, and the Supportive Housing Alliance 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.
C.
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.
D.
The Township 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
shall implement the affirmative marketing plan to assure the affirmative
marketing of all affordable units.
E.
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.
F.
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.
G.
The affirmative marketing process for available affordable units
shall begin at least four months (120 days) prior to the expected
date of occupancy.
H.
Applications for affordable housing shall be available in several
locations, including, at a minimum, the Mercer County Library Headquarters,
Monmouth County Library Headquarters, Ocean County Library, West Windsor
Library, the West Windsor Municipal Building and the developer's rental
office. Preapplications may be emailed to prospective applicants upon
request. Otherwise, hard copies are available from the Township's
Municipal Housing Liaison.
I.
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner.
A.
Upon the occurrence of a breach of any of the regulations governing
an 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.
B.
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:
(1)
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)
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;
(b)
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 West Windsor Township's Affordable Housing Trust
Fund of the gross amount of rent illegally collected;
(c)
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.
(2)
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.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
C.
Appeals. Appeals from all decisions of an administrative agent appointed
pursuant to this section shall be filed in writing with the Court.
[Amended 12-15-1986 by Ord. No.
86-35; 4-20-1990 by Ord. No. 90-12; 10-7-1991 by Ord. No. 91-23]
A.
Adjustments required.
(1)
The maximum permitted FAR as contained in various nonresidential zoning districts as well as the permitted residential density in residential zoning districts of this Part 4 are to be amended according to the following reduction schedule in recognition of the extent of environmentally constrained areas located on a tract. Environmentally constrained areas shall include areas designated as freshwater wetlands, as delineated by an applicant and as approved by the New Jersey Department of Environmental Protection or other governmental agencies, and water bodies as generally indicated on the most recent edition of the New Jersey Department of Environmental Protection wetlands maps contained on United States Geological Survey Topographic Quadrangle maps. Also included as environmentally constrained areas shall be areas within the one-hundred-year floodplain as indicated on the New Jersey Delineation of Floodway and Flood Hazard Areas Map (DFFHA.) Detailed soil engineering and geotechnical test data undertaken in accordance with acceptable engineering standards and practices or permits received from governmental agencies having jurisdiction over such wetlands, water bodies or floodplains indicating a different geographic area may be submitted by an applicant if the applicant seeks amendment to the boundary limits which define such environmentally constrained areas depicted by the New Jersey Department of Environmental Protection wetlands maps and DFFHA.
(2)
Multiple environmentally constrained areas on a tract
shall be additive, except those instances where various environmentally
constrained areas overlap. In overlap cases, the largest constrained
area shall be used for calculation purposes.
(3)
The FAR or residential density permitted by a particular
zoning district for a tract containing environmentally constrained
areas shall require an adjustment to be made based on the following
chart. Once the reduction factor is determined, it shall be subtracted
from the base FAR or residential density allowed in the zoning district
to arrive at the adjusted FAR or residential density permitted for
a parcel containing environmentally constrained areas.
|
Extent of Environmentally Constrained
Areas Expressed as % of Total Tract
|
Percent Reduction of Maximum Base Permitted
FAR/ Residential Density
| |
|---|---|---|
|
0 to 30
|
None
| |
|
31 to 50
|
40
| |
|
51 to 60
|
60
| |
|
61 to 100
|
85
|
(4)
By way of example in application of the above chart,
if a tract located within a nonresidential zone permitting a maximum
FAR of 0.30 contained 70% environmentally constrained areas, the adjusted
maximum permitted FAR would be 0.045, derived as follows:
(5)
The Planning Board, upon review of a development application
containing environmentally constrained areas, shall evaluate the resultant
adjusted FAR or residential density, including those instances where
no adjustment results through application of the above table, with
respect to its impact on a site's environmental resources, and may
further reduce the adjusted FAR or residential density by up to 50%
if the proposed development application cannot assure positive findings
with respect to the following performance criteria:
(a)
The development application's compliance with
all applicable transition buffers and/or setback limitations that
may be required by the New Jersey Department of Environmental Protection
pursuant to the New Jersey Department of Environmental Protection
pursuant to N.J.A.C. 7:7A-1 et seq., Freshwater Wetlands Protection
Act.
(b)
The extent to which fill or encroachment exceeds
that allowed by the New Jersey Department of Environmental Protection
with respect to wetlands or floodplain disturbance.
(c)
Bulk variances are not requested as a result
of an attempt to utilize adjusted FAR building potential or residential
density.
(d)
Site design and development on upland portions
of the site cause significant degradation of groundwater or surface
water quality and further significantly impair the wetland's or floodplain's
environmental and hydrological purposes as defined by standard engineering
and environmental resource protection practices.
B.
The provisions of Subsection A of this section shall not apply to any zone in which low- and moderate-income housing is permitted, except that they shall apply to the ROM-1 Zone.
[Amended 1-9-1995 by Ord. No. 94-65[1]]
[1]
Editor's Note: Original Section 22-9.16, Calculation
of Floor Area, which immediately followed this subsection and containing
portions of Ord. Nos. 87-20 and 90-12, was repealed in its entirety
by Ord. No. 91-23.
[Added 10-15-1990 by Ord. No. 90-28; amended 2-25-1991 by Ord. No. 91-06]
A.
General. In order to preserve existing recreational
open space lands within an R-2 District, one or more tracts located
within the ROM-1 or ROM-2 District may be permitted to increase the
permitted floor area of development on those tract(s) in exchange
for maintaining in perpetuity separate and properly subdivided lot(s)
for continued open space or recreational use.
B.
Standards.
(1)
The minimum lot size for the land to be preserved
shall be 100 contiguous acres in a properly subdivided lot(s).
(2)
The tract to be preserved shall be designated on the
Township's Community Facilities Master Plan as existing semipublic
recreation/open space.
(3)
The extent of preservation development credits to
be received from such preserved lands shall be determined by the Planning
Board and be based on a hypothetical subdivision layout conforming
to all zoning and subdivision criteria. Sufficient information shall
be provided for a determination by the Planning Board as to the number
of proposed lots which would be buildable if developed as shown. Based
on the number of hypothetical building lots, the maximum residential
building square footage that is permitted on such lots by the zone
district in which the preservation tract is located can be established.
(4)
The preservation development credits once established pursuant to Subsection B(5) herein are valid and may be utilized within the receiving areas set forth in Subsection B(6) herein for a period of 18 years following the date of recording of a deed imposing a restriction on the use of the land within the R-2 zone to open space or recreational uses in perpetuity. If the preservation development credits are incorporated as part of an approval of a development application for a receiving tract during the eighteen-year period, the right to utilize such incorporated credits shall be for the duration that such approval remains valid. Banking and subsequent transfer of excess preservation development credits from one property in the ROM-1 and ROM-2 Districts to another shall not be permitted.
(5)
The utilization of the preservation development credits
shall be authorized upon the recording by the owner of a deed restriction,
in a form acceptable to the Township Attorney, and running with the
land from which the preservation development credits are proposed
to be transferred and restricting such land to open space or recreational
uses permitted in the R-2 District in perpetuity, and limited by applicable
bulk and area regulations. Such restrictions shall also be made a
part of the final subdivision or site plan application of a development
which proposes to utilize such credits and shall be filed with the
appropriate agencies as a condition to such development application
approval. In addition, right-of-way dedication in accordance with
the Circulation Element of the Township's Master Plan shall be required
from the parcel to be preserved.
(6)
The receiving tract for the recreation preservation
development credits shall be permitted to utilize the approved credits
for permitted but not for conditional use, provided that the tract
complies with the following:
(a)
It is located within an ROM-1 District southwest of Washington Road (Route 571) or an ROM-2 District, except that area north of Alexander Road and west of the Bearbrook Creek, as such zones are delineated on the Zoning Map of West Windsor Township dated January, 1990, notwithstanding any changes in such district boundaries which may be enacted subsequent to the adoption of this Part 4, except that if any tract within the area bounded by Washington Road to the north, the New Jersey Transit Railroad to the east, Quakerbridge Road to the south and the Delaware and Raritan Canal to the west is subsequently zoned to ROM-1 or ROM-2, such tract shall be eligible to utilize the approved credits.
[Amended 3-11-1991 by Ord. No. 91-08]
(b)
It is part of a planned development of a minimum
of 20 acres which proposes a general development plan indicating generally
how the additional floor area will be utilized.
(7)
The additional floor area credit shall conform to
all zoning, subdivision, site plan and other ordinance controls governing
development within the ROM-1 and ROM-2 zones, including any traffic
management, peak hour traffic reduction and pro rata off-tract improvement
obligations, with the following exceptions/ conditions:
(a)
Applications for development which include preservation
development credits will be subject to the currently effective maximum
improvement coverage (MIC) of 0.50 where required to accommodate the
additional floor area credits, and in that case subsequent changes
in the MIC of these ordinances will not apply.
(b)
For developments which are proposed under the provisions of § 200-209A or § 200-211A(6) (for research-office limited manufacturing park developments), the additional floor area which the credits represent is specifically exempt from the requirements of § 200-209A(8)(f)[3] which limit the floor area of the stories above a three-storied building. All or a portion of the credit floor area may be utilized within stories above the third story of a building or buildings within a planned development solely to the extent necessary to utilize such credits and only where the improvement coverage has been fully utilized in the opinion of the board of jurisdiction.
(c)
Notwithstanding the three-story height limitation otherwise imposed by § 200-210H and § 200-212H, building heights may be up to four stories but not more than 55 feet solely to the extent necessary to utilize such credits within the areas of the ROM-1 and ROM-2 Districts set forth in Subsection B(6) of this section which are outside a band 1,800 feet in width as measured from the right-of-way line of the state's principal arterial designated as Route One, provided that the additional floor area which the credits represent is at least equal to the total floor area proposed within the fourth story of the building or buildings in the proposed development.
[Added 2-16-1993 by Ord. No. 93-01]
Development applications in all nonresidential
and residential zones, excluding those involving a public agency or
those containing a required affordable housing component, shall be
subject to the payment of an affordable housing fee. The amount of
the fee and its collection, accounting and disposition shall be in
accordance with New Jersey Council on Affordable Housing guidelines.
[Added 12-16-1991 by Ord. No. 91-34]
A.
Child-care centers shall be a permitted use in all
nonresidential districts, subject to the following minimum requirements:
[Amended 3-5-2007 by Ord. No. 2007-02]
(1)
The following minimum standards shall apply to any
freestanding child-care center:
(2)
The maximum number of children enrolled in any child-care
center, whether freestanding or within a building, the minimum number
of square feet of usable activity indoor space, and the minimum number
of square feet of outdoor play space shall be as is required by the
New Jersey Department of Human Services.
(3)
The maximum improvement coverage for freestanding
child-care centers shall be 30%.
(4)
The maximum building height for freestanding child-care
centers shall be 35 feet.
(5)
The hours of operation for any child-care center,
whether freestanding or within a building, shall be limited to 6:00
a.m. to 8:00 p.m.
(6)
For any child-care center, maneuvering room shall
be provided on-site for parking and unloading/loading of children
so as to preclude the necessity for stacking or backing out onto a
public street. No unsafe conditions for pickup and dropoff of children
shall be permitted.
(7)
For any child-care center, parking areas, pedestrian
walkways or other exterior portions of the premises subject to use
by day care occupants at night shall be illuminated to provide safe
entrance and egress from the center. Any site illumination shall not
reflect over the property lines of the premises.
(8)
The outdoor play area shall be well-drained, completely
fenced and shall not include driveways, parking areas or land otherwise
unsuitable as play areas. No part of any outdoor play area shall be
situated in the front yard.
(9)
For any child-care center, all outdoor play areas
shall be fenced and adequately screened from adjacent properties or
uses and roadways by screen plantings within a fifteen-foot setback
area along all property lines. Gate doors, where provided, shall be
equipped with safety locking devices so as to preclude inadvertent
opening of the fenced enclosure.
(10)
The applicant shall include a project statement
indicating the number of children to be enrolled, the ages of children
to be enrolled, the number of full- and part-time employees and the
hours of operation.
(11)
All child-care centers shall be licensed by
the New Jersey Department of Human Services.
[Added 12-23-1996 by Ord. No. 96-35]
A.
The minimum floor area of living space within the
lower income units shall be as follows, as established by the Balanced
Housing Program of the New Jersey Department of Community Affairs,
as the same may be amended from time to time:
|
Type of Unit
|
Required Floor Area
(square feet)
| |
|---|---|---|
|
Efficiency
|
500
| |
|
One-bedroom
|
600
| |
|
Two-bedroom
|
750
| |
|
Three-bedroom
|
950
| |
|
Four-bedroom
|
1,150
|
B.
The Planning Board may reduce the minimum floor area
required if the unit is in congregate care housing or housing which
otherwise provides communal eating arrangements and other communal
space for social services, is designed for and deed restricted to
persons over the age of 62 and the Planning Board finds that the design
meets or exceeds reasonable habitability and health standards.
[Amended 4-6-2010 by Ord. No. 2010-07]
A.
Intent. To minimize the adverse impacts associated with the potential
proliferation of communication towers, the Township of West Windsor
is pursuing a proactive policy of requiring collocation of wireless
communication antennas on existing towers, on buildings, and on a
new tower(s) at a public site(s) which may be designated by the Township
Council.
B.
Communication antennas not attached to towers. Any communication
antenna which is not attached to a communication tower, along with
its associated equipment compound and support structure, shall be
a permitted accessory use to any commercial, industrial, professional,
institutional or office structure, provided that:
(1)
The wireless communications facility does not exceed more than 20
feet above the highest point of the structure.
(2)
Amateur radio antennas are exempt from this section.
(3)
The antennas and associated equipment shall be located on the building
roof and screened so as to minimize their visual impact or be located
inside the building.
|
Site plan review shall not be required for wireless communication antennas and associated equipment proposed in accordance with this Subsection B.
|
C.
Collocation of communication antennas on existing towers. Collocation of wireless communication antennas on existing towers and associated equipment compounds is permitted as a conditional use in all zoning districts and shall be treated as a minor site plan. The conditional use standards that apply to such use are those standards set forth below in this Subsection C and those standards set forth in Subsection E.
(1)
Height. An existing communication tower may be modified or rebuilt
to a taller height, not to exceed 12 feet over such tower's existing
height, to accommodate the collocation of additional communication
antennas. The wireless communication antennas shall be no higher than
necessary to achieve service area requirements.
(2)
Need analysis. The applicant shall submit as part of its application
a statement as to the purpose of the proposed wireless communication
facility (e.g., to address a coverage or capacity issue, or a combination
of both) and the type/mode (e.g., in vehicle or in building) and geographic
area(s) where this is an issue (e.g., what streets, facilities or
neighborhoods). The applicant shall provide propagation studies showing
both current (without the proposed site) and projected (with the proposed
site) coverage and service in the area of the application, including
all surrounding sites (built and approved). The report shall include
the design parameters used for the propagation studies, including
antenna types, location, orientation and elevation, operating frequencies,
ERP, and signal strength thresholds or "cut-offs." The analysis shall
show the entire area where there is insufficient service or coverage
and which the application is intended, at least in part, to address.
Additional supporting data can be submitted, including (but not limited
to) traffic data, drive tests, etc. No wireless communications facility
shall be approved unless the applicant demonstrates a need for the
facility at the location proposed.
(3)
Visual impact. The proposed facility shall be designed so as to have
the least visual impact reasonably possible.
(4)
Alternatives analysis. The applicant shall undertake an alternatives analysis describing other approaches, solutions or sites it evaluated to address the need as stated in Subsection C(2) above and shall submit a report with respect thereto. This analysis shall include the location of all of its existing wireless communications facilities within the Township and outside the Township but providing service within the boundaries of the Township; the location and type of other sites considered; the availability of those sites; the extent to which other sites do not meet the applicant's service, engineering, or other needs; and the reason why the subject site was chosen over the alternatives. The analysis shall also address any alternative technologies that may be available and why such technologies are not being used. The analysis of alternatives shall include a comprehensive approach to address the need in the area where the need analysis shows insufficient service or coverage, demonstrating how the applicant intends to address the entirety of the need, including any areas or issues that would not be addressed by the proposed facility. The plan shall provide for the fewest feasible number of sites for wireless communications facilities. The applicant shall indicate any future sites it anticipates at the time of the application, to the extent currently known or forecast. Future applications by the applicant or its successor will be evaluated for consistency with this plan, and any deviation from it shall be justified to the satisfaction of the board of jurisdiction. No wireless communication facility shall be approved unless the applicant demonstrates that there are no suitable alternatives that are less visually intrusive than the proposed application.
(5)
Additional submission requirements. In addition to the applicable
documentation required for site plan approval, the following documentation
shall be submitted as part of the minor site plan submission:
(a)
Documentation by a qualified expert that any proposed wireless
communications facility will have sufficient structural integrity
to support the proposed antennas and anticipated future collocated
antennas and that the structural standards developed for antennas
by the Electronic Industries Association (EIA) and/or the Telecommunications
Industry Association (TIA) have been met;
(b)
A letter of intent by the applicant, in a form to be reviewed
and approved by the board attorney, indicating that the applicant,
to the extent it has the authority to do so, will share the use of
the tower, including extensions, and compounds to the extent feasible,
with other approved providers of wireless communications services;
and
(c)
A visual impact study, graphically simulating, through models,
computer-enhanced graphics, or similar techniques, the appearance
of any proposed wireless communications facility and indicating its
view from at least five locations around and within one mile of the
proposed wireless communications facility where such facility will
be most visible. Aerial photographs of the impact area shall also
be submitted.
D.
Collocation of communication antennas on towers on public property.
(1)
Collocation policy. The Township of West Windsor shall plan for and
accommodate the growing demand for communication antennas by collocating
such new antennas on towers sited on publicly owned sites controlled
or designated by the Township and which are appropriate locations
for facilitating wireless communications and for minimizing visual
and other impacts on the public associated with communication antennas.
(2)
Public/Private partnership to implement collocation policy.
(a)
Any collocation communication towers will be installed, maintained
and operated by a private business and/or regulated public utility
on public property under lease agreement with the Township of West
Windsor pursuant to the Local Land and Buildings Law[1] and/or the Local Public Contracts Law[2] of the State of New Jersey and in compliance with the
ordinance requirements of the Township.
(b)
In order to assure that any tower at the above-referenced location
will accomplish the intent of this section, any lease agreement with
the private operator or regulated public utility shall include, but
not be limited to, the following requirements:
(c)
The private entity or regulated public utility which will install,
maintain and operate the collocation tower will be selected through
an open public bidding process under specifications and a lease agreement
to be prepared for the Mayor and Council under applicable New Jersey
law governing public-private agreements. Specifications will include,
but not be limited to, a demonstration of suitable past site management
experience and compliance with prescribed construction standards with
a cost and revenue analysis for the first five years of operation.
(d)
Installation of wireless communication facilities on or at towers
on public property shall not require site plan review.
E.
Conditional use standards. The following design and performance standards shall apply as additional conditional use standards to communication antennas collocated on existing towers, support structures, and associated equipment compounds proposed pursuant to Subsection C hereof and shall be the standards applicable to towers, antennas, and support structures, and associated equipment compounds on public property proposed pursuant to Subsection D.
(1)
Telecommunications equipment compound design. No buildings shall
be permitted in the equipment compound. Communication equipment may
be stored in cabinets.
(2)
Fencing. A chain-link fence or wall not less than seven feet in height
from finished grade shall be provided around each communication tower
and equipment compound. Access to the tower shall be through a locked
gate. The fence and supporting structures shall have a black matte
finish.
(3)
Landscaping. The visual impact of a communication tower and
equipment compound shall be mitigated for nearby viewers through landscaping
or other screening materials at the equipment compound. The following
landscaping and buffering shall be required around the perimeter of
the tower and equipment compound, except that the standards may be
waived by the Planning Board for those sides of the proposed tower
that are located adjacent to undevelopable lands and lands not in
public view. Landscaping shall be installed on the outside of fences.
Further, existing vegetation shall be preserved to the maximum extent
practicable and may be used as a substitute for or in supplement towards
meeting landscaping requirements.
(a)
A continuous evergreen hedge at least seven feet high at planting.
(b)
All landscaping shall be of the evergreen variety.
|
If the landscaping set forth above cannot be installed because
it is prohibited, either by the owner of the site, by law, or otherwise,
the applicant shall propose alternative landscaping designed to mitigate
the visual impact of the communication tower and equipment compound.
|
(4)
Method of determining communication tower height. For purposes
of measurement, communication tower height shall include antenna,
base pad and other appurtenances and shall be measured from the finished
grade of the parcel.
(5)
Illumination. Communication towers shall not be artificially
lighted except as required by the Federal Aviation Administration
(FAA), in which case the least intrusive type of lighting permitted
by the FAA shall be used, and except as necessary for inspection of
and repairs within the equipment compound, in which case the lighting
may only be located within the compound and may only be turned on
manually, with a mechanism to shut it off after a reasonable time
to be set by the Planning Board after testimony by the applicant's
representative. Lighting within the equipment compound shall not produce
glare and shall be designed so as to minimize its spillover outside
the compound.
(6)
Finished color. Wireless communication improvements to existing
communication towers not requiring FAA painting/marking shall have
a finish that matches the existing tower.
(7)
Structural design. Communication towers shall be constructed
to the EIA/TIA 222-F standards, or such subsequent revision as is
in place at the time of the Planning Board decision, as published
by the Electronic Industries Association, which may be amended from
time to time, and all Township construction/building codes. Further,
any improvements and/or additions (e.g., antennas, satellite dishes,
etc.) to existing communication towers shall require submission of
site plans sealed and verified by a professional engineer which demonstrate
compliance with the EIA/TIA 222-E standards. The applicant shall include
in its design the opportunity for collocation by others or explain
why collocation is not feasible.
(8)
Underground utilities. All utilities serving any wireless communications
facility shall be underground.
F.
Standards applicable to all wireless communications facilities. The
following standards, which are not conditional use standards, shall
apply to all wireless communications facilities:
(1)
Maintenance. Wireless communications facilities shall be maintained
to ensure their continued structural integrity. The owner of a wireless
communications facility shall also perform such other maintenance
of the structure and of the site as to ensure that it does not create
a visual nuisance.
(2)
Inspection.
(a)
An applicant may be required to inspect its wireless facility
upon notice from the Township.
(b)
Inspections shall be conducted by an engineer licensed to practice
in the State of New Jersey. The results of such inspections shall
be provided to the Township Engineer. Based upon the results of an
inspection, the Township may require repair or removal of a communication
tower. Upon removal of the wireless communications facility, if such
facility is a tower, the site shall be restored in the manner acceptable
to the Township Landscape Architect.
(3)
Abandonment. Any wireless communications facility that is not
operated for a continuous period of 12 months shall be considered
abandoned. The owner of such facility shall remove it within 90 days
of notice from the Zoning Officer that the facility is abandoned.
If such facility is not removed within 90 days, the Township may remove
such facility at the owner's expense. If the facility is to be retained,
the provider shall establish that the facility will be reused within
one year after such abandonment. If the facility is not reused within
one year, the facility shall be removed. At the discretion of the
Zoning Officer, upon good cause shown, the one-year reuse period may
be extended for a period not to exceed one additional year.
(4)
The wireless communications facility shall comply with all applicable
FCC and FAA regulations.
(5)
The wireless communications facility shall comply with all applicable
building codes.
(6)
Signs. Signs displaying owner contact information, warnings,
and equipment information and safety instructions shall be provided.
No other signage shall be permitted.
(7)
Noise. No equipment shall be operated so as to produce a noise
level on adjoining properties that exceeds the noise level permitted
by Township Code.
(8)
Activity and access. All equipment shall be designed and automated
to the greatest extent possible in order to reduce the need for on-site
maintenance and thereby to minimize the need for vehicular trips to
and from the site. Access shall be from established site access points
whenever possible. No more off-street parking than is necessary shall
be permitted.
(9)
Each application for any wireless communications facilities
shall include either a preliminary or a certified statement that the
operation of the facility, including reception and transmission functions,
will operate within the parameters established by the applicable FCC
licenses and regulation, so as to minimize the possibility of interfering
with the usual and customary transmission or reception of radio, television,
etc., and other licensed services enjoyed by adjacent residential
and nonresidential properties. In the event that only a preliminary
statement is submitted with the application, a final, certified statement
of noninterference will be provided and approved by the Township prior
to the issuance of a building permit. The statement shall be prepared
by an engineer licensed to practice in the State of New Jersey or
other professional accepted by the Township.
(10)
Approval required from other governmental agencies. Each application
shall include written approval or a statement of no objection from
other federal, state or county agencies that regulate communication
tower sighting, design and construction.
(11)
The applicant shall submit a report certifying that its facilities
will operate in accordance with all legal requirements regarding RF
exposure (FCC Report and Order 96-326 regarding Guidelines for Evaluating
the Environmental Effects of Radiofrequency Radiation and FCC OET
Bulletin-65, Evaluating Compliance with FCC Guidelines for Human Exposure
to Radiofrequency Electromagnetic Fields, and others). This report
shall include the class of service, frequencies, maximum effective
radiation power (ERP) of the antennas, anticipated operating ERP(s),
antenna types, heights and orientation of all antennas and indicate
predicted RF exposure levels under normal operations at the nearest
occupied structure. A copy of the FCC license applicable to the use
of the wireless communications facility shall also be submitted. The
statement shall be prepared by an engineer licensed to practice in
the State of New Jersey or other professional accepted by the Township.
[Added 5-1-2000 by Ord. No. 2000-07]
Billboards are permitted as a conditional use
in the B-2 Business and ROM-1 Research Office and Manufacturing Zones,
subject to the following conditions:
A.
Not more than one billboard structure containing not
more than two advertising faces shall be constructed on any lot. The
resulting billboard shall be one single- or double-faced sign.
C.
Billboard use as permitted on the parcels identified
above shall not be subject to any minimum lot size or leasable area
requirement; however, those lots shall not be further subdivided unless
in accordance with the applicable zoning requirements for the zone
or as modified herein.
D.
Each billboard shall be supported by a steel monopole and shall have dimensions not greater than 14 feet (vertical) and 48 feet (horizontal) with no advertising face greater than 672 total square feet. In no event shall any billboard exceed the height limits given in Subsection E below.
F.
In addition, there shall be a distance of not less
than 12 feet from grade to the bottom support of a billboard so as
to provide a site distance underneath the billboard.
G.
A billboard may be developed on one of the lots identified in Subsection B in conjunction with any other use which may be permitted on the same lot. Such other use shall be developed in accordance with the use and bulk provisions of the related zone or as modified in this section. The distance of any billboard to any building shall not be less than the height of the billboard, and in no case shall it be less than 30 feet.
H.
No billboard shall be sited in a manner that results
in the crossing of any existing or proposed right-of-way or existing
property line. Also, all portions of any proposed billboard structure
shall be located within 100 feet of the proposed U.S. Route 1 right-of-way
in existence at the time of this section.
I.
No new billboards may be constructed on Block 86,
Lot 11, prior to the removal of billboards existing as of the date
of this section at that site.
J.
The construction of any new billboard shall include
landscaping provided at and around the base of the structure that
shall be approved by the Township Landscape Architect.
K.
Billboards shall not contain moving, flashing or intermittently
illuminated elements. Billboard illumination shall be shielded to
prevent glare and focus on sign faces only.
L.
The application for any billboard shall be required
to be submitted as a minor site plan, as well as for conditional use
approval.
[Added 6-28-2004 by Ord. No. 2004-12; amended 6-6-2005 by Ord. No. 2005-07; 3-18-2019 by Ord. No. 2019-03]
A.
A mandatory affordable housing set-aside requirement of 25% shall be imposed on any multifamily development created through any Township or land use board action involving a rezoning, use variance, density variance, redevelopment plan or rehabilitation plan permitting redevelopment, which density is at or above six dwelling units per acre and results in the construction of five or more new units over the number of units previously permitted. The low- and moderate-income housing shall meet all of the applicable standards and requirements for affordable units, including those set forth in the Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.1 et seq., and § 200-237.
B.
At least 50% of the affordable units shall be affordable to low-income
households and at least 13% of all rental affordable units shall be
made affordable to very-low-income households earning 30% or less
of the regional median household income by household size, which very-low-income
units shall be included as part of the low-income requirement. The
remaining affordable units shall be made affordable to moderate-income
households. The affordable units shall be located on-site and shall
be reasonably dispersed throughout the development phased in accordance
with the affordable housing construction scheduled set forth in N.J.A.C.
5:97-6.4(d).
C.
Subdivision and site plan approval shall be denied by the board unless
the developer complies with the requirements to provide low- and moderate-income
housing pursuant to the provisions of this section. A property shall
not be permitted to be subdivided so as to avoid meeting this requirement.
The board may impose any reasonable conditions to ensure such compliance.
D.
The mandatory affordable housing set-aside requirement shall not
give any developer the right to any such rezoning, variance, or other
relief as set forth above or establish any obligation on the part
of the Township to grant such rezoning, variance or other relief.
[Added 9-15-2008 by Ord. No. 2008-19]
Development of residential dwelling units in
common open space approved as part of a development application containing
residential dwelling units is prohibited.
