[Ord. No. 2003-18]
For residential developments, the requirements of the New Jersey
Residential Site Improvement Standards (RSIS) shall apply.
All streets shall be provided with manholes, catch basins and
pipes where the same may be necessary for proper drainage.
a.
The system shall be adequate to carry off the storm water and natural
drainage water which originates within the watershed affected by the
development. No storm water runoff or natural drainage water shall
be so diverted as to overload existing drainage systems to create
flooding.
c.
Drainage design shall be in accordance with accepted engineering
practices for the sizing of drainage structures. All calculations
shall be submitted to the Township Engineer for review.
d.
Specifications for drainage structures must be in accordance with
New Jersey State Highway Standard Specifications as amended.
e.
Drainage inlets shall be located at all intersections, with inlets
on both sides of a street at intervals of not more than 400 feet or
such shorter distances as required to prevent the flow of surface
water from exceeding the capacity of the drainage inlet. Access manholes
or inlets shall be placed at pipe junctions, grade changes or other
locations as appropriate.
f.
Lots shall be graded away from on-site buildings. In addition, drainage
shall be provided in a manner which will prevent the collection of
storm water in puddles or other unauthorized concentrations of flow
and water shall not flow across adjacent property lines at greater
than predevelopment rates.
g.
Approval of drainage structures shall be obtained from the appropriate
municipal, County, State and Federal agencies and offices. Where required,
each applicant shall make application to the State Department of Environmental
Protection, the Union County Department of Engineering, Construction
Services and Code Enforcement and the Township Engineer. Final approval
shall not be effective until letters of approval from the proper governmental
authorities shall be furnished to the approving authority with a copy
forwarded to the Township Engineer.
[Amended 12-18-2018 by Ord. No. 2018-24]
h.
When required by the municipality and as indicated on an approved
development plan, a drainage easement shall be provided to the Township
where a tract or lot is traversed by a watercourse, surface or underground
drainageway or drainage system, channel or stream. The drainage easement
shall conform substantially with the lines of such watercourse and
provide a ten-foot access strip along at least one side of the watercourse.
In any event, the easement shall be consistent with any minimum widths
and locations as shown on any adopted Official Map or Master Plan.
[Ord. No. 2003-18; Ord. No. 2010-38; Ord.
No. 2013-07 § 1(C); Ord.
No. 2015-22 § I(A), (B); amended 4-13-2021 by Ord. No. 2021-08; 6-14-2022 by Ord. No. 2022-18]
a.
Permit. No fence shall be erected without the issuance of a zoning
permit.
b.
Materials and Placement.
1.
All permitted fences shall be situated on a lot in such a manner
that a finished side of the fence shall face adjacent properties.
2.
No fence shall be erected of barbed wire, razor ribbon, metal spikes,
electrified materials or otherwise constructed of any material or
in any manner which may be dangerous to persons or animals.
3.
No chain-link fences are permitted in any residential zones.
c.
Height and Location.
1.
No fence serving a residential use shall be permitted in the front
yard of any residence and no fence shall be over six feet in height
from the front corners of any residence principal building to the
rear of the lot line, and no fence except a living fence shall be
over six feet in height from the rear of the principal building to
the rear lot line. Where principal residential structures encroach
into the required front yard, four-foot-tall open fencing may be placed
so as not to extend beyond the front corner of the residence. On corner
lot and through lot frontages not coincident with the front entrance
of a residence, front yard fencing shall be permitted as long as it
is four foot maximum in height and at least 51% open. If a solid (less
than 51% open) fence or fence taller than four feet is desired on
corner lots or through lots, the setback shall be 10 feet and solid
fences screened adequately from public view with four-foot-tall landscaping.
[Amended 4-28-2020 by Ord. No. 2020-10; 4-13-2021 by Ord. No. 2021-08]
2.
Fences in any nonresidential district shall not exceed six feet in
height and shall not be located in a front yard.
3.
Fencing for tennis courts shall be permitted in all zone districts,
provided said fencing does not exceed 15 feet in height and further
provided the fence is located in a rear yard and meets the rear and
side yard setback required of principal buildings in the district.
4.
Public and quasi-public uses may erect security fences in the side
and rear yards of a lot provided that such fencing does not exceed
15 feet in height.
5.
Garden - Deer fences shall be permitted in residential zones, provided
they are intended to protect a garden, are no higher than 12 feet,
are located in the rear yard, are a minimum of five feet off of the
property line. Such fence is to be pervious to light and constructed
of large mesh wire or netting.
[Ord. No. 2003-18]
On a corner lot within the triangular area determined as provided
in this section, no wall, fence, structure or other object shall be
erected to a height in excess of two feet; no vehicle, object or other
obstruction of a height in excess of two feet shall be permitted within
the corner clearance area; and no hedge, shrub or other growth shall
be maintained at a height in excess of two feet, except that trees
whose branches are trimmed away to a height of at least seven feet
above the curb level shall be permitted. Such triangular area or "sight
triangle" is defined as that area bounded by the intersecting street
lines and the straight line connecting "sight points," one each located
on the two intersecting street centerlines. Such points shall be 350
feet from the intersection with a municipal road, 400 feet from the
intersection with a County road along such County road and 500 feet
from the intersection with a State highway along such highway. Where
County roads and State highways intersect, the distance shall be 75
feet along the road or highway having the lower traffic volume. Sight
points for local roads shall be 20 feet from the extension of the
curbline or edge of pavement of the adjacent roadway. In addition,
no object or other obstruction shall be so located along any straight
or curved roads as to reduce the line of sight along said road to
less than 400 feet. (See Exhibits)[1]
[1]
Editor's Note: The exhibit referred to herein may be found
in Appendix B as an attachment to this chapter.
[Ord. No. 2003-18]
a.
Off-street parking spaces for the storage or parking of passenger vehicles of occupants, employees and patrons of principal buildings and structures hereafter erected and enlarged shall be provided and kept available in private garages or on paved or otherwise approved surface parking areas in amounts not less than specified herein. The parking and storage of trailers and boats is regulated in § 3-11 of the Township Ordinances.
b.
All minimum requirements for off-street parking and truck loading
spaces shall be met at the time of construction, enlargement, or change
of use and change of tenancy of any principal building or structure.
c.
No required parking area or off-street truck loading space shall
be encroached upon by buildings, storage or any other use.
d.
Nothing in this section shall prevent the repair, reconstruction
or rebuilding and continued use of a nonconforming structure, provided
said structure is not enlarged and the parking requirements are not
increased.
e.
Where more than one use exists on a lot, the required parking for
each use shall be calculated separately and the sum of all of the
required parking shall be provided.
f.
When the required number of parking spaces calculated as provided
herein results in the requirements of a fractional space, it shall
be construed as requiring a full space.
g.
Garages and parking decks in nonresidential zone districts shall meet the principal building setbacks required in said districts. Detached garages in residential zones shall meet the accessory building setbacks required in said district. Garages shall be further subject to the regulations pertaining to accessory buildings prescribed in Subsection 35-15.5b.
h.
In all districts, required parking areas for residential uses shall
be on the same lot with the principal building. Required parking areas
for all other uses shall be on the same lot with the building or use
served.
i.
The approving authority may waive, in whole or in part, the requirements for parking areas stipulated in Subsection 35-23.1 in the case of any building, structure or use hereafter erected or enlarged on any lot, which lot is within 500 feet of a public parking area owned or operated by the Township, which distance shall be measured in a straight line between the nearest point of such parking area.
j.
All parking areas should provide sufficient levels of handicapped parking spaces in accordance with all applicable State of New Jersey requirements. Said handicapped parking spaces may be used to meet the off-street parking requirements of Subsection 35-23.2.
k.
The parking of equipment such as bulldozers, tractors and other construction
related equipment and vehicles in residential zones shall be prohibited.
[Ord. No. 2003-18; amended 6-11-2024 by Ord. No. 2024-08]
a.
Unless otherwise permitted by this chapter, off-street parking shall
be provided on a lot in accordance with the following schedule:
|
Principal Permitted Use
|
Off-Street Parking Requirements
(Number of Spaces)
|
|---|---|
|
Apartment buildings
|
Per RSIS
|
|
Community residences and community shelters
|
Per RSIS
|
|
Single family dwellings not in the S-60 district
|
Per RSIS, provided that at least 2.0 shall be provided in a
garage
|
|
Single family dwellings in the S-60 district.
|
Per RSIS, provided that at least 1.0 shall be provided in a
garage
|
|
Senior citizen housing
|
Per RSIS
|
|
Townhouse dwellings
|
Per RSIS
|
|
Auditorium, church or other place of worship, parish house,
Sunday school and church school; indoor movie theater.
|
1.0 per each 3.0 seats of maximum capacity, with benches and
pews deemed to have a capacity of 1.0 person for each 22 inches in
length
|
|
Automobile service station
|
1.0 per pump island plus 4.0 per bay work area plus adequate
vehicles storage areas to be determined by the approving authority
|
|
Bank
|
4.0 per indoor teller window for uses with drive-up windows;
8.0 per teller window for uses without drive-up windows
|
|
Business, professional, administrative and other nonmedical
office and studio
|
1.0 per 250 square feet of gross floor area
|
|
Child care center
|
The floor area occupied by child care centers shall be excluded
from this requirement when calculating parking and floor area ratio
requirements
|
|
Health club
|
1.0 per 150 square feet of gross floor area
|
|
Home occupation
|
Requirement determined in accordance with appropriate use as
identified in this section, or as determined by approving authority
|
|
Industrial uses excluding warehousing
|
1.0 per 500 square feet gross floor area
|
|
Medical office
|
1.0 per each 200 square feet of gross floor area
|
|
Motel
|
1.0 per guest room plus 5.0 per 1,000 square feet of gross floor
area devoted to banquet rooms, meeting rooms and similar uses
|
|
Public, private, and parochial schools
|
Grades K — 10 :1.5 per classroom, but not less
than one per teacher and staff
Grades 11 — 12: 1.75 per classroom, but not
less than one per teacher and staff
|
|
Other public and public utility uses.
|
As determined by the approving authority
|
|
Quasi-public use
|
1.0 per 300 square feet of gross floor area or as determined
by the approving authority if there is no building
|
|
Restaurant
|
1.0 per each 60 square feet of floor area devoted to patron
use, or 1,0 per each 2.5 seats, inclusive of counter and waiting areas,
whichever is greater
|
|
Retail and personal service stores and shops
|
1.0 per each 200 square feet of gross floor area
|
|
Warehouse
|
1.0 per 1,000 square feet gross floor area
|
[Ord. No. 2003-18]
a.
Every nonresidential use which has a floor area of 7,500 square feet
or more devoted to such use shall be provided with off-street truck
loading and unloading spaces at the rear of the building in accordance
with the following schedule:
|
Square Feet of Floor Area Devoted to Such Use
|
Minimum Required Number of Off-Street Truck Loading and Unloading
Spaces
|
|---|---|
|
7,500 to 25,000 square feet
|
1
|
|
25,000 to 40,000 square feet
|
2
|
|
40,000 to 100,000 square feet
|
3
|
|
Each additional 60,000 square feet
|
1 additional
|
[Ord. No. 2003-18]
a.
Minimum widths of access aisles shall be related to the angle of
parking stalls and use of one-way or two-way traffic as follows:
|
Parking Angle
|
Aisle Width
|
Traffic Direction
|
|---|---|---|
|
0"
|
12 feet
|
One-way
|
|
0"
|
18 feet
|
Two-way
|
|
30"
|
12 feet
|
One-way
|
|
45"
|
15 feet
|
One-way
|
|
60"
|
18 feet
|
One-way
|
|
90"
|
24 feet
|
Two-way
|
|
Where the angle of parking differs on the two sides of an aisle,
the larger aisle width shall prevail.
|
b.
An off-street parking space shall provide a minimum width of nine
feet and a minimum length of 18 feet measured perpendicular to the
width along the angle of parking, except that parallel off-street
parking spaces, shall measure nine feet by 23 feet.
c.
All parking areas shall be designed to permit each vehicle to enter
and exit all parking spaces without requiring the moving of any other
vehicles. Stacked or tandem parking is prohibited. No parking area
shall be designed so as to require a vehicle to back directly onto
a public street when leaving a stall.
d.
An off-street truck loading and unloading space shall have minimum
width of 12 feet, a minimum length of 25 feet and a minimum clear
height of 14 feet. The access from the street to the loading space
shall also have a minimum clear height of 14 feet.
e.
Driveways, parking areas and off-street truck loading and unloading
spaces shall be suitably paved, drained and lighted and appropriately
planted and fenced for the protection of adjacent properties in such
accordance with all applicable provisions of this chapter. Such areas
shall be arranged for the safe, adequate and convenient ingress and
egress of vehicles and pedestrians. All such facilities shall be maintained
in good condition by the owner.
f.
Where a portion of the parking area is located on the ground level
underneath any floor of the building, that portion of the parking
area, excluding access driveways, which is underneath the building
shall be fully enclosed so that it is no visible from any street.
The walls used to enclose said portion of the parking area shall be
of similar material to match the rest of the principal building.
g.
All parking spaces shall be identified by the use of hairpin pavement
markings, a minimum of 18 inches in width.
[Ord. No. 2003-18]
a.
A ten-foot deep buffer area shall be maintained between any parking
or loading areas located in the O, N-C, G-C, 1-20 or 1-40 Districts
which abut the S-120, S-75, S-60, M-R, or AH Zones, or an existing
residential use, unless in conflict with another section of this ordinance.
Said buffer strip shall separate the above mentioned areas by means
of a six-foot high fence of closely spaced wood materials, and the
planting of appropriately spaced evergreen plantings to create an
effective screen. Fencing shall be located in the buffer area in such
a manner that planting will be provided facing residential properties,
or as determined by the approving authority. Unless otherwise permitted
by the approving authority, the buffer area shall be located on the
nonresidential property.
b.
No driveway or parking area in any nonresidential district shall
be located closer than five feet to a side or rear property line.
[Ord. No. 2003-18]
a.
Required parking areas and truck loading spaces shall have access to a public street by a driveway on the same lot, which driveway(s) shall have a minimum width of 24 feet except that one way driveways may provide a width of 15 feet and driveways for single family residential uses shall be governed by Subsection 35-15.1c.
b.
In any nonresidential district, no driveway shall be designed so
that nonresidential traffic passes a residential district to gain
access to the nonresidential use or passes through a residential district
to reach a collector or arterial street.
c.
Adequate driveway width and turning radii shall be provided on nonresidential
and multifamily residential properties to insure adequate and safe
passage of emergency vehicles.
[Ord. No. 2003-18]
a.
The minimum compacted thickness of roadway material for nonresidential
development shall be as follows. The standards for residential development
shall be as required in the RSIS.
|
Minimum Thickness
| |||
|---|---|---|---|
|
Type of Street Mix I-5
|
Dense Graded Aggregate Base Course
(inches)
|
Bituminous Stabilized Base Course Mix I-2
(inches)
|
Bituminous Concrete Surface Course
(inches)
|
|
Parking Lots
|
4
|
3
|
2
|
|
Minor Roads
|
4
|
4
|
2
|
|
Major Roads
|
4
|
5
|
2
|
|
Arterial Roads
|
4
|
5
|
2
|
b.
When subgrade conditions are deemed unsuitable, underdrains shall
be installed when and where directed by the Township Engineer.
c.
All off-street parking areas shall have adequate pavement markings
and/or signage to indicate traffic flow and parking spaces.
d.
All off-street parking and loading areas shall be provided with curbing
so that vehicles cannot be driven onto required perimeter landscaped
areas, buffer zones and street rights-of-way and so that each parking
and loading areas has controlled entrances and exits and drainage
control. The requirements for vertical curbing specified in this section
may be waived in favor of flush curbing if deemed appropriate for
drainage purpose by the Township Engineer.
[Ord. No. 2003-18]
a.
Refuse
and recycling storage areas shall be required of all multifamily residential
and nonresidential uses. Said areas shall be suitably dimensioned
to accommodate all on-site storage receptacles, and shall be designed
to provide separate areas for refuse and recyclable materials.
b.
All refuse
and recycling storage areas shall be located atop a reinforced concrete
pad of at least six inch thickness, and shall be surrounded by a six-foot
high solid or slatted fence of appropriate materials.
c.
No refuse
and recycling storage areas shall be permitted in a front yard, nor
shall any such storage area be permitted to obstruct access to parking
stalls, driveways or building entrances.
[Ord. No. 2003-18]
a.
Landscaping is to be provided as part of all development applications
and is to be integrated into building arrangements, topography, parking,
buffering and other site features. Landscaping may include trees,
bushes, shrubs, ground cover, berms, flowers, sculpture, art and similar
materials, and shall be designed to provide aesthetic, buffering,
climatological, environmental, ornamental, and other similar functions.
All landscaping plans shall be prepared by a New Jersey certified
landscape architect, or other individual deemed suitably qualified
by the approving authority.
b.
Street trees shall be provided in all developments at intervals of
not more than 50 feet. Said trees shall be planted along both sides
of streets where appropriate and shall be of types, sizes and locations
conducive to healthy growth. All street trees shall be planted two
feet outside of the street right-of-way.
c.
In addition to street trees, other tree plantings may be required
on all sites, with said trees to be selected from the following groups
unless substitutions are approved by the approving authority.
d.
Shade trees shall meet all of the following requirements:
1.
All trees shall provide a two to 2 1/2 inch caliper as measured
four feet above the ground.
2.
All trees must be grown in certified nurseries, have straight trunks,
and be properly staked.
3.
All trees shall be balled and burlapped, well-branched and with a
good root system. Backfill shall consist of 50% humus for each tree,
and each tree shall be thoroughly watered and properly pruned at the
time of planting.
e.
The approving authority may allow a credit for existing trees against
the street tree planting requirement of this chapter.
f.
The planting of shrubbery, bushes, flowers and similar plantings
shall be designed to serve decorative and ornamental functions as
well as screening and buffering. Junipers, yews and similar plants
shall be used largely for screening and buffering, while hollies,
rhododendron, azaleas, barberries and similar plants shall be used
at highly visible locations such as front yards, building entrances,
pedestrian walkways and adjacent to ground signs. The use of flower
beds and planters shall be strongly encouraged.
g.
All parking areas providing at least 10 parking stalls shall provide
the following landscaping features:
1.
5% of the interior portion of said parking areas, excluding all perimeter
landscaping and required buffer areas, shall be landscaped, and no
more than 15 parking stalls shall exist in a continuous row without
a landscaping break.
2.
In addition to the shade tree requirements of Subsection 35-24.1b, parking lots shall provide one shade tree for each 10 parking stalls.
3.
The ends of all parking rows shall be separated from access aisles
by a landscaped island at least four feet in width.
4.
The use of tree diamonds shall be prohibited unless deemed necessary
by the approving authority.
5.
Evergreen and other appropriate plantings shall be required to separate
parking areas from public rights-of-way.
h.
Sidewalks shall be a maximum of six feet in width, and all developed
properties containing sidewalks in excess of said width shall be required
to remove the excess sidewalk and replace same with landscaping designed
in accordance with the provisions of this section.
i.
All loading areas and storage areas for refuse and recycling shall
be landscaped in a manner that sufficiently screens the view of the
loading area and vehicles from any public right-of-way and residential
property. Landscaping in this instance may include berms, fencing,
wall or a combination thereof, or any other screening material required
by the approving authority or this chapter.
j.
All landscape plans shall provide a two year replacement guarantee
for all new plantings and all existing trees and other vegetation
to be retained after construction. The plans shall also note that
all tree removal shall be in conformance with the requirements of
the Township tree removal ordinance. The landscaping plan is required
to be maintained for the life of the project.
k.
All landscape plans shall be subject to a post-development inspection
by the Township Engineer.
l.
The approving authority shall reserve the right to impose additional
landscaping requirements after due consideration of the size and type
of proposed development; the extent of existing vegetation to be removed
during construction; and the nature of surrounding land uses.
[Ord. No. 2003-18]
a.
Natural features such as trees, views, natural terrain and water
bodies shall be preserved whenever possible in any development. The
approving authority may, at its discretion, reduce the landscaping
requirements of this chapter to reflect existing trees and other vegetation
retained as part of any site development.
b.
Natural fertility of the soil shall be preserved and on-site soil
shall be disturbed as little as possible. Top soil moved during the
course of construction shall be redistributed evenly over the tract
after construction is completed, with said areas then stabilized by
approved seeding, sodding and plantings.
c.
During the design, planning and construction of any development,
a conscious effort shall be made to preserve existing vegetation on
the site. The municipal agency may, at its discretion, require special
vegetation protection techniques, including snow fencing, to minimize
site disturbance during construction. The municipal agency shall reserve
the right to require the transplanting of unique or extraordinary
trees that would otherwise be destroyed by site development.
[Ord. No. 2003-18]
a.
Street lighting shall be of a style and number specified by the approving
authority and may be required at all roadway intersections, culs-de-sac
and elsewhere as deemed necessary for safety reasons. The costs of
all equipment and installation of said street lights shall be borne
by the developer.
b.
All parking areas, driveways, walkways, building entrances, loading
areas and similar locations serving multifamily residential and all
nonresidential uses shall be adequately illuminated for safety and
security purposes. The lighting of intersections, driveways and similar
locations shall provide an average illumination of 0.6 footcandle,
while all parking areas shall provide an average illumination of 0.4
footcandle. Illumination levels of other areas to be lighted shall
be determined by the approving authority after due consideration of
the subject application.
c.
All outdoor lighting shall be arranged and shielded so as to minimize
undesirable lighting impacts such as glare, driver distraction, unnecessary
illumination and night glow. Automatic shut-off or dimming devices
shall be required for all light fixtures after 10:00 p.m., or 1/2
hour after the closing of any nonresidential use, whichever is later,
with the exception of security lighting. Lighting serving residential
uses shall be permitted throughout the night.
d.
Where appropriate, wall-mounted light fixtures shall be preferred
over pole-mounted fixtures provided the required illumination levels
can be met. When pole-mounted fixtures are required within parking
areas, said poles shall be located within landscaped islands; no such
pole shall be permitted to be located directly within a parking lot.
e.
No light fixture shall provide a mounting height in excess of 18
feet, or the height of the principal building, whichever is less.
f.
The fixture style of any lighting shall be subject to the approval
of the approving authority.
g.
All lighting plans shall be subject to a post-development lighting
inspection by the Township Engineer.
h.
The approving authority shall reserve the right to modify lighting
requirements or impose additional lighting requirements after due
consideration of the size and type of the proposed development; the
location and intensity of nearby street lighting, and the nature of
surrounding land uses.
[Ord. No. 2003-18]
a.
Insofar as practical, side lot lines shall be either at right angles
or radial to street lines.
b.
All lots shall be suitable for their intended use. Where the suitability
of a lot for its intended use is in question due to locational, environmental
or other planning characteristics, the approving authority may withhold
approval of said lot or lots.
c.
Each lot must front on an approved street.
d.
Concrete monuments shall be located and installed in accordance with
Township requirements and the New Jersey Map Filing Act.
e.
No development requiring the vacation of a street or the acquisition
of public lands shall be taken before an approving authority until
said vacation or acquisition has been agreed to by the Township.
[Ord. No. 2003-18; Ord. No. 2013-07 § 1(D)]
a.
All new buildings should relate harmoniously to the natural features
of the site and to existing buildings and other substantial structures
in the vicinity that have a visual relationship to the proposed building
or buildings. The achievement of such relationship may include the
enclosure of space in conjunction with other existing buildings or
other proposed buildings and/or the creation of focal points with
respect to avenues of approach, terrain features or other buildings.
In particular areas, building height and orientation may have to be
adjusted in order to maintain such relationships or to preserve visual
access to community focal points either natural or man-made.
b.
The selection of building design elements with respect to materials,
fenestration, color, texture, etc., should ensure that such treatment
is harmonious with the colonial heritage of the Township.
c.
Building additions and renovations should be designed to reflect
the existing building in terms of scale, materials, arrangement of
windows, and color. Additions and renovations are encouraged that
are sympathetic to the original building yet traditional in spirit.
d.
Appearance of the side and rear elevations of building shall receive
architectural treatment comparable to that of any proposed front facade
if parking or public access routes are provided next to the buildings,
or if the side or rear facades are in the view of the general public.
e.
New buildings should, where appropriate, strengthen the particular
urban design features of its locale by, for example, framing a view
corridor, enclosing an open space area, or continuing a particular
design feature or statement. New construction should respect the existing
street pattern to preserve the adjacent streetscape and reinforce
it where possible and appropriate.
[Ord. No. 2003-18]
a.
Large, horizontal buildings of less than four stories in height should
be broken down into segments having vertical orientation.
b.
Buildings with expansive blank walls are prohibited.
c.
Buildings should be designed to be "wall dominated" in that the roofs
are visually less dominant in the total design. Roof forms should
be similar to those predominantly found on adjacent buildings. Mansard
roofs shall be finished with the same or comparable materials used
on the corresponding facade.
d.
A human scale should be achieved at ground level and along street
frontages and entryways through the use of such scale elements as
windows, doors, columns, plazas, awnings and canopies.
e.
In new infill construction, the alignments of proposed facades shall
be consistent with the existing setback of nearby buildings and shall
be harmonious with the existing sidewalk pattern. In cases of irregular
setbacks, new construction shall conform to ordinance requirements.
[Ord. No. 2003-18; Ord. No. 2013-07 § 1(E)]
a.
Multi-tenant buildings shall provide uniform store fronts, doorways,
windows, awnings and other design features for all ground floor tenants.
Upper floors of said buildings shall at a minimum be coordinated with
the ground floor through common materials and colors.
b.
New construction should use windows of similar sizes and shapes or
incorporate other facade elements that establish the same pattern
of other buildings in its context. Window and door sizes and shapes
should not be significantly altered by any building renovation. Mirrored
glass shall be prohibited.
c.
In new construction, dominant zones and horizontal lines that establish
those zones should be included in the design. Such lines include the
tops of display windows, sign fascias, cornices and belt or soldier
courses.
d.
Rhythms which carry through a block such as store front patterns,
window spacing, entrances, canopies or awnings, etc., should be incorporated
into new or renovated facades.
e.
In all building renovations and expansions, fire escapes shall be
prohibited on the principal facade(s) of a building, or on any facade
facing a public street, unless otherwise required by the fire subcode.
f.
Where appropriate, facade renovations should be in accordance with
the original architectural style of the building. Original details
should be retained; when it becomes necessary to introduce new features
they should harmonize with existing features. If windows and doors
must be replaced, new materials shall match the original design.
g.
New facades in the O, N-C and G-C zones shall be of a traditional
design and appearance.
h.
Historical architectural styles that do not have a design relationship
to the rest of the building are prohibited. Surface detailing should
be integrated with the structure rather than applied for decorative
purposes.
i.
The use of creative lighting schemes to highlight building facades
and related areas of a site shall be encouraged. The use of traditional
style lanterns and similar fixtures also shall be encouraged. Exterior
neon lights and lighting generating glare and unnecessary night glow
impacts shall be prohibited.
[Ord. No. 2003-18]
a.
Repair and restoration of existing building materials deemed to be
of architectural and/or historical value shall be strongly encouraged.
b.
Where appropriate, building renovations shall incorporate elements
of the original facade into the renovation design.
c.
The use of brick, stone, clapboard, shakes and other facade materials
consistent with traditional architectural styles shall be required
of all buildings in the 0, N-C and G-C Zones in the Township.
[Ord. No. 2003-18]
a.
The use of street furniture (benches, tables, trash receptacles,
etc.) shall be encouraged throughout the Township, provided the materials
used are consistent with the overall concept of the building design.
b.
Awnings shall be encouraged on all retail buildings in the Township.
All awnings shall be constructed and installed so that the awning
complements the overall building design. No awning shall extend more
than four feet from the building facade. No awning frame shall be
less than eight feet above the ground, and no valance shall be closer
than 7 1/2 feet from the ground.
c.
Where applicable, buildings shall be painted with colors generally
consistent with traditional architectural design. The painting of
buildings with bold patterns, checks, or stripes is prohibited.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 2003-18.
[Ord. No. 2008-11 § I,
35-31.1]
The purpose of this chapter is to promote the public health,
safety and general welfare through a comprehensive system of reasonable,
consistent and nondiscriminatory sign standards and requirements.
These sign regulations are intended to:
a.
Enable the identification of places of residence and business.
b.
Allow the communication of information necessary for the conduct
of commerce and the presentation of information.
c.
Lessen hazardous situations, confusion and visual clutter caused
by proliferation, improper placement, illumination, animation and
excessive height, area and bulk of signs which compete for the attention
of pedestrian and vehicular traffic.
d.
Enhance the attractiveness, aesthetics and economic well-being of
the Township as a place to live, work and conduct business.
e.
Protect the public from the dangers of unsafe signs.
f.
Permit signs that are compatible with their surroundings and aid
orientation, and preclude placement of signs in a manner that conceals
or obstructs adjacent land uses or signs.
g.
Encourage signs that are appropriate to the zoning district in which
they are located and consistent with the category of use to which
they pertain.
h.
Establish sign size in relationship to the scale of the lot and building
on which the sign is to be placed or to which it pertains.
i.
Preclude signs from conflicting with the principal permitted use
of the site or adjoining sites.
j.
Regulate signs in a manner so as to not interfere with, obstruct
vision of or distract motorists, bicyclists or pedestrians.
k.
Require signs to be constructed, installed and maintained in a safe
and satisfactory manner.
[Ord. No. 2008-11 § I,
35-31.2; Ord. No. 2013-07 § 1(F)]
No outdoor sign or structure, except for residential name plates
no larger than one square foot, as defined herein, shall be erected,
hung, placed, or relocated unless written application has been made
to the Zoning Officer and a permit therefor has been duly issued by
him upon payment of the established fee. Temporary signs shall also
require a permit from the Zoning Officer.
[Ord. No. 2008-11 § I,
35-31.3]
a.
Computation of Sign Area. The area of a sign shall be computed as
the total square foot content of the background upon which the lettering,
illustration or display is presented. If there is no background, the
sign area shall be computed, as the product of the largest horizontal
width and the largest vertical height of the lettering, illustration
or total display. This shall not be construed to include any supporting
members which are used solely for such purpose. For signs with two
sides, the maximum sign area shall be permitted on each side. Signs
with more than two sides are prohibited.
b.
Computation of Sign Height. The height of a sign shall be computed
as the largest vertical height of the background upon which the lettering,
illustration, or display is presented. If there is no background,
the height shall be the largest vertical height of the lettering,
illustration, or total display. If the letters, illustrations, or
displays are attached directly to the face of a building, the height
of the sign shall be the height of the largest letter, illustration,
or total display, whichever is greatest.
[Ord. No. 2008-11 § I,
35-31.4; Ord. No. 2013-07 § 1(G),
(H); amended 5-10-2022 by Ord. No. 2022-11]
a.
No sign shall be placed in such a position that it will cause confusion
or danger to street traffic by obscuring the view of drivers or pedestrians,
or by simulating official directional or warning signals maintained
by any governmental body, railroad, or public utility concerned with
the protection of public health or safety. This shall include, but
not be limited to, any sign visible from the public right-of-way which
uses an arrow device, flashing lights, or any depiction of stop signs,
traffic signals, or other traffic safety devices. No sign shall be
placed in any sight triangle required by the Township unless specifically
permitted by the approving authority.
b.
No sign or any part of any sign shall be moving or give the illusion
of movement.
c.
All illuminated signs shall be either indirectly lighted or of the
diffused lighting type. No sign shall be lighted by means of flashing
or intermittent illumination. This shall include Electronic Message
Centers (EMCs), which are also referred to as digital signs or computer-controlled
electronic signs that change copy or images more frequently than once
per minute. All lights used for the illumination of any use or building
or the area surrounding them or for the illumination of display of
merchandise or products of business establishments shall be completely
shielded from the view of vehicular traffic using the road or roads
abutting such business properties. Floodlights or spot lights used
for the illumination of any sign, whether or not such floodlights
or spot lights are attached to or separate from the building, shall
not project above the highest elevation of the front wall of the building
nor more than 18 feet above the street level of the premises, whichever
is less. Illuminated signs shall be so arranged as to reflect the
light and glare away from the adjoining premises or from an adjoining
street. All commercial establishments with the exception of those
in the H-C Zone shall turn illuminated signs off no later than 1/2
hour after closing or 10:00 p.m., whichever is later.
d.
No sign shall be placed on any roof or above the highest point of
any facade and no sign shall be placed on any mansard roof, so that
it projects above the top of the mansard.
e.
Signs must be constructed of durable materials, maintained in good
condition, and not allowed to become dilapidated. All signs shall
be properly affixed to an approved structure and no signs shall be
attached to trees, utility poles, or similar supports unless permitted
by the approving authority.
f.
No sign type shall be the principal use on a property, except where billboards as a use are permitted within specific zones. Any billboard that is located on a property shall conform to the requirements of this Section 35-31 and Subsection 35-41.2(l). Advertising signs which are not freestanding billboards and do not exceed 24 square feet in area may be located on fences surrounding Township ball fields, provided that said signs face toward the field.
g.
Portable signs are prohibited.
h.
No sign, other than directional and public safety signs, shall be
erected within the street right-of-way without the specific approval
of the Township.
i.
No approval or permit shall be issued for any sign to be located
on any property containing nonconforming signs until such nonconforming
signs have been removed or replaced.
j.
No sign shall emit an audible signal of any kind.
k.
No sign shall be erected, or enlarged which is not in conformance
with this chapter.
l.
Inflatable signs are prohibited.
m.
Neon, argon, or similar tubular gaseous illuminated signs shall be
permitted only pursuant to the following regulations:
1.
Those signs which are located in the interior of a building, but
are intended to be viewed from the outside, are limited to one sign
per window and shall be no larger than six square feet, or 15% of
the total window area, whichever is less.
2.
Those signs located on the exterior of the building, shall be counted
in the overall regulated sign area, and shall be shielded by a translucent
diffusing cover in order to minimize glare.
[Ord. No. 2008-11 § I,
35-31.5; Ord. No. 2010-37; Ord. No. 2013-07 § 1(I)]
a.
Home Occupation Signs. Where permitted, home occupation signs shall
not exceed four square feet in area and shall not be illuminated.
Such signs shall be placed a minimum of five feet from the property
line. No more than one such sign shall be permitted per property.
b.
Public Announcement Signs.
c.
Real Estate Signs. A real estate sign shall be temporary advertising
the sale, rental, or lease of the premises or portions thereof, and
shall be nonilluminated. Such signs in residential districts shall
not exceed four square feet, and in all other districts shall not
exceed nine square feet with the exception of the H-C Zone, where
said signs shall have a maximum size of 32 square feet. No more than
one real estate sign shall be permitted per property. These provisions
shall further apply to all signs announcing that the premises or portion
thereof have been sold, rented, or leased.
d.
Removal of Signs. Removal of business signs shall be within 14 days
of the closing of such business and shall be the responsibility of
the owner of the property. Real estate signs shall be removed within
seven days after the signing of a sale transaction or the execution
of a lease.
e.
Flags. Flags of government entities shall be permitted in all zone
districts except that no more than three flags shall be permitted
per property. No flag pole shall exceed 35 feet in height. No flag
advertising commercial activities or entities shall be permitted.
g.
Direction and Safety Signs. Directional and safety signs shall be
provided as required by the approving authority, and shall not be
included in any sign area computation. No directional or safety sign
shall contain advertising material of any kind.
h.
Construction Signs. One construction sign not exceeding 32 square
feet in area in nonresidential zones, and six square feet in residential
zones shall be permitted on all authorized construction sites to advertise
the name of the development, the contractors involved, participating
vendors, and/or similar information. No such sign shall be permitted
prior to the acquisition of a construction permit for the site and
all such signs shall be removed upon substantial completion of the
construction project. Such signs shall be located a minimum of 10
feet from the front property line.
i.
Help Wanted Signs. Temporary "Help Wanted" signs shall be permitted
at all nonresidential land uses provided said sign does not exceed
two square feet in area.
j.
Temporary Signs. Temporary signs, including banners and pennants,
shall be permitted for special public and semi-public events and for
private grand openings and special sales events. One temporary sign
used by a business shall not be used more than twice in any calendar
year with each use limited to not more than 30 days. No temporary
sign shall exceed the maximum area permitted for permanent signs in
that zone. Temporary signs shall require a permit from the Construction
Official. No banner shall be affixed to a freestanding sign.
[Ord. No. 2008-11 § I,
35-31.6]
a.
One nameplate sign may be placed anywhere within a front yard of
a single-family residence.
b.
One additional nonilluminated freestanding sign, no larger than two
square feet in area and no higher than four feet, located at least
five feet from the front lot line shall be allowed.
c.
No permanent window or door mounted signs are permitted.
[Ord. No. 2008-11 § I,
35-31.7]
a.
One nonilluminated or ground lighted sign for each entrance of a
complex may be permitted provided such sign does not exceed 20 square
feet in area or four feet in height and contains only the name of
the apartment development or building, the street address, the location
of the manager, and the presence or lack of available vacant dwelling
units. Such signs shall be located a minimum of 10 feet from the front
property line.
[Ord. No. 2008-11 § I,
35-31.8; Ord. No. 2013-07 § 1(J);
amended 5-10-2022 by Ord. No. 2022-11]
In the O, N-C, G-C, and H-C Zones, no sign shall be permitted
unless in accordance with the following:
a.
Wall signs shall meet the following requirements:
1.
No business establishment shall be permitted more than one wall sign,
except that uses located on corner or through lots shall be permitted
one wall sign for each facade facing a public street. The total sign
area for the sign or signs permitted on the face of any wall shall
not exceed 10% of the area of the face of the wall upon which such
sign or signs are attached, nor shall the length of said sign or signs
exceed 60% of the width of the wall on which it is located. On the
secondary street frontage on a corner lot in the O and N-C Zones,
the maximum area of signage shall not exceed 5% of the wall area nor
40% of the width of the wall to which it is attached.
2.
No sign shall extend further than 15 inches from the face of the
building upon which it is attached, provided, however, that where
a sign extends more than three inches from the face of said wall,
the bottom of said sign shall not be closer than 10 feet from the
ground level below said sign.
3.
The maximum height of any single wall sign shall not exceed five
feet.
4.
Businesses with additional public entrances facing a rear or side
parking lot shall be permitted an additional wall mounted sign no
larger than six square feet identifying that entrance.
5.
A wall-mounted billboard must also comply with the requirements of Subsection 35-41.2(l).
b.
Freestanding signs shall meet the following requirements:
1.
Unless otherwise provided, one freestanding sign shall be permitted
for each lot.
2.
The principal building must provide a fifty-foot front yard setback.
3.
The vertical distance from the finished grade at the base of the
sign stanchion to the highest point on the sign, and the vertical
clearance at the bottom of the sign, shall meet the following standards:
(a)
Shopping centers with three or more businesses located in the
H-C Zone shall not exceed a distance of 27 feet and shall have a minimum
clearance from the ground of seven feet.
(b)
Individual businesses and shopping centers with less than three
businesses located in the H-C Zone shall not exceed a distance of
22 feet and shall have a minimum clearance from the ground of seven
feet.
(c)
Freestanding signs for all businesses located in the O, N-C
and G-C Zones shall not exceed a distance of 12 feet.
4.
Each sign must be set back both a minimum of 10 feet from the front
lot line and a minimum of 15 feet from the edge of the pavement.
5.
The area shall not exceed the following standards:
(a)
Shopping centers with three or more businesses located in the
H-C Zone shall be permitted a total sign area of no more than 200
square feet.
(b)
Individual businesses and shopping centers with less than three
businesses located in the HC Zone shall be permitted a total sign
area of no more than 75 square feet per business.
(c)
The maximum area for freestanding signs located in the 0, N-C
and G-C Zones shall not exceed 24 square feet.
6.
All signs must comply with the side yard requirements for principal
buildings in the zone in which the sign is located.
7.
Properties located on the Center Island of Route 22 in the H-C zone
shall be permitted two freestanding signs provided one is located
on each road frontage.
8.
It is recognized that automobile dealerships located along Route
22 in the H-C zone have unique circumstances and conditions that require
sign regulations which are different from other commercial enterprises
located on that highway. They generally occupy more land area, have
larger road frontages and are sometimes occupied by multiple franchises.
Given these circumstances and mindful of the municipal goal to control
and regulate sign clutter, the following regulations are proposed
specifically for freestanding signs for automobile and truck dealerships
located on Route 22.
(a)
Each automobile dealership shall be permitted one freestanding
sign for each 100 feet of road frontage along Route 22, provided that
the number of freestanding signs shall not exceed the number of different
franchises located on the property and that the freestanding signs
are separated by at least 100 feet.
(b)
The maximum area of any single freestanding sign shall be 75
square feet.
(c)
Any single freestanding sign shall not exceed a vertical distance
from the finished grade at the base of the sign stanchion to the highest
point on the sign of 22 feet and shall have a minimum clearance from
the ground of seven feet.
(d)
Freestanding signs must be set back both a minimum of 10 feet
from the front lot line and a minimum of 15 feet from the edge of
the pavement.
(e)
All signs must comply with the side yard requirements for principal
buildings in the zone.
(f)
All signs located on automobile and truck dealerships shall
be limited to advertising only goods and services offered on the premises.
9.
The
setback, size area, and height restrictions contained in this paragraph
b shall not apply to a freestanding billboard, which shall instead
be subject to the setback, size area, and height restrictions set
forth in Subsection 35- 41.2(l).
c.
Window and door signs shall be permitted at all business establishments
provided said signs cover no more than 20% of the windows or door
area.
d.
In addition to other permitted signs, banks shall be allowed two
signs indicating the availability of automatic teller machine services,
provided neither sign exceeds six square feet in area and all such
signs are facade mounted.
e.
In addition to other permitted signs, service stations may be permitted
an unlimited number of all purpose signs indicating product availability,
prices, services offered, and similar information provided that the
aggregate area of said signs does not exceed 48 square feet. The freestanding
sign regulations for commercial zones shall apply to service stations.
[Ord. No. 2008-11 § I,
35-31.9; amended 5-10-2022 by Ord. No. 2022-11]
In the 1-20 and 1-40 Districts, signs shall be permitted in
accordance with the following:
a.
Wall signs, including billboards, may be permitted as regulated in Subsection 35-41.2(l) and Subsection 35-31.8(a) herein.
b.
One freestanding sign may be permitted provided no sign shall be
more than five feet in height and 25 square feet in area.
c.
The sign must be set back a minimum of 10 feet from the front lot
line.
d.
The setback, size area, and height restrictions contained in paragraphs b and c of this subsection shall not apply to a freestanding billboard, which shall instead be subject to the setback, size area, and height restrictions set forth in Subsection 35-41.2(l).
[Ord. No. 2008-11 § I,
35-31.10]
a.
The use of carved or sandblasted, painted wood signs shall be encouraged
on all appropriate properties in the O, N-C, and G-C Zones and other
appropriate locations in the Township.
b.
Sign lighting shall be arranged and shielded to reflect light and
glare away from adjoining properties and area travelers. Freestanding
signs shall be lighted from ground mounted sources only, unless internal
illumination is possible, and all such lighting of signs shall be
shielded with appropriate landscape elements.
c.
Internally lighted signs shall provide a dark background and light
lettering, in no case shall internally lighted signs use stark white
graphics of any kind. Whenever necessary, the approving authority
shall require a sample of the material to be used for any sign.
d.
Freestanding and ground-mounted signs shall be supported by one or
more columns or uprights which are firmly embedded in the ground.
Exposed guy wires, chains, piping, conduit or similar materials shall
not be used to support any freestanding or ground mounted sign.
e.
New sign plans for existing development shall recognize the provisions
of this chapter relating to nonconforming signs and shall consolidate
and improve existing signs whenever possible. All changes to existing
signs shall conform to all applicable subsections of this section.
f.
The total area of all columns, beams, bases, and design enhancement
features used in connection with a sign shall not exceed the total
area of the subject sign. For example, where a freestanding sign of
24 square feet of message area is proposed, the framing and support
columns of that sign cannot exceed 24 square feet for a total gross
area of sign and support features of 48 square feet.
g.
Wall signs for multi-occupancy structures shall use uniform sign
sizes, colors, graphics and shapes whenever possible.
h.
In addition to the sign size restrictions established by this chapter,
the depth of any freestanding sign or related support or design enhancement
feature shall not exceed two feet.
i.
The applicant shall submit sufficient information to ensure compliance
with all of the standards of this chapter.
All design standards for residential development shall comply
with the requirements of the new jersey residential site improvement
standards, which shall supersede these requirements.
[Ord. No. 2003-18]
a.
All developments shall be served by paved public streets and all
new street shall be graded and provided with an all weather base and
pavement with an adequate crown and shall meet Township specifications
and standards.
b.
The arrangements of new streets constructed or to be constructed
in subdivisions shall be such as to provide for the logical extension
of any existing or mapped streets.
c.
No development showing reserve strips controlling access to another
area, either developed or undeveloped, shall be approved except where
the control and disposal of land comprising such strips has been given
to the Governing Body after recommendation by the approving authority.
d.
Developments that adjoin or include existing streets that do not
conform to the widths shown on the Master Plan or Official Map or
to the street width requirements of this chapter shall include the
dedication of the additional width along one or both sides of said
road. If the subdivision is along one side of the street only, 1/2
of the required extra width shall be dedicated.
e.
The right-of-way and pavement widths shall not be less than the following:
|
Street Type
|
Right-of-Way
|
Pavement Width
|
|---|---|---|
|
Arterial Streets
|
80 feet
|
(Determined individually)
|
|
Collector Streets
|
60 feet
|
36 feet
|
|
Minor Streets
|
50 feet
|
30 feet
|
f.
The right-of-way width for internal roads and alleys in multifamily,
commercial and industrial developments shall be determined on an individual
basis and shall in all cases be, of sufficient width and design to
safely accommodate the maximum traffic, parking and loading needs
and provide maximum access for firefighting equipment.
g.
Street intersections shall be as nearly at right angles as is possible
and in no case shall be less than 60°. No more than two streets
shall meet or intersect at any one point and the centerlines of both
intersecting streets shall pass through a common point. Measuring
from this common point, any two intersections shall be spaced a minimum
of 125 feet apart. The block corners at intersections shall be rounded
at the curbline with a curve having a radius of not less than 20 feet.
All intersections shall observe the sight triangle requirements of
this chapter.
h.
Where streets have a reverse curve, a tangent of at least 100 feet
in length shall be required.
i.
Grades of arterial and collector streets shall not exceed 12%. No
street shall have a minimum grade of less than 1/2 of 1%.
j.
All changes in grade where the algebraic difference in grade is 1%
or greater shall be connected by vertical curves of sufficient length
to provide a smooth transition and proper sight distance, but not
so great as to create drainage problems.
k.
When connecting street lines deflect from each other at any point
by more than 10° and not more than 45°, they shall be connected
by a curve with a radius of not less than 100 feet.
l.
Cul-de-sac streets may be used to discourage through traffic. Where
cul-de-sac streets are used, they shall be located so that they drain
towards their entrances and shall be no longer than 1,000 feet to
the point of tangency. They shall provide a turn-around at the end
and the minimum right-of-way at the turn-around shall be a radius
of at least 50 feet and tangent whenever practicable to the right
side of the street.
m.
All driveways or other off-street parking areas shall have driveway
aprons extending from the curb line to the street side of the sidewalk
and shall meet the same construction specifications as the street.
Continuous open driveways in excess of 25 feet resulting in the elimination
of curbing along Township streets shall be prohibited.
n.
No street shall have a name which will duplicate or so nearly duplicate
the name of an existing street that confusion results. The continuation
of an existing street shall have the same name.
o.
The length, width or acreage of blocks shall be determined with due
regard to the limitations and opportunities of topography and shall
be sufficient to allow all of the area, yard and parking requirements
for the uses permitted and regulated in this chapter to be met as
well as providing for convenient access, circulation control and safety
of street traffic.
p.
Where extra width has been dedicated for the widening of existing
streets, lots shall begin at such new line and all setbacks shall
be measured from such new line.
q.
Where the property to be subdivided is next to or includes a railroad
right-of-way, suitable provisions shall be made for considerations
such as road crossings, screening, buffers, freight access, warning
signals and signs in recognition of the relationship between the railroad
and the subdivision.
[Ord. No. 2003-18]
a.
Street name signs meeting Township specifications as to size, material
and location shall be installed at the intersection of all streets
and at appropriate curves on curvilinear and similar streets.
b.
Where traffic control signs are deemed necessary by the municipal
agency and Township Engineer for Township or County roads or for State
highways, the proper Township, County or State official shall be so
informed in order that the proper agency may evaluate the necessity
of the installation at its own expense.
c.
All street name and traffic control signs shall be installed and
maintained free of visual obstruction.
[Ord. No. 2003-18]
a.
Curbing and gutters shall be required along all streets adjacent
to or within a development.
b.
The minimum standards regarding the width of gutters, height of curbing,
base material, surface material, slope, depth of gutters crossing
intersections, and the installation of catch basins, shall be according
to the requirements of the Township, the Township Engineer and, in
the case of County roads or State highways, the proper County or State
official.
c.
Curbs and gutters shall be adequate to handle the maximum water run-off
from tributary lands.
[Ord. No. 2003-18]
[Ord. No. 2003-18]
All public services shall be connected to an approved public
utilities system. The developer shall arrange with the servicing utility
for the underground installation of the utilities' distribution supply
lines and service connections in accordance with the provisions of
the applicable Standard Terms and Conditions incorporated as a part
of its tariff as the same are then on file with the State of New Jersey
Board of Regulatory Commissioners (BRC), provided, however, that lots
which abut existing streets where overhead electric or telephone distribution
supply lines and service connections have heretofore been installed
may be supplied with electric and telephone service from those overhead
lines, but any new service connections for the utilities overhead
lines shall be installed underground. In the case of existing overhead
utilities, should a road widening or an extension of service or other
such condition occur as a result of the development and necessitate
the replacement or relocation of such utilities, such replacement
or relocation shall be underground. Any installation to be performed
by a serving utility shall not be exempt from any provisions of this
chapter requiring performance guarantees and inspection and certification
by the Township Engineer.
[Ord. No. 2003-18; amended 5-23-2017 by Ord. No. 2017-08; 11-13-2017 by Ord. No. 2017-16;4-18-2017 by Ord. No. 2017-06; 5-23-2017 by Ord. No. 2017-08]
Purpose; reporting. The following are provisions addressing
the Township's constitutional obligation to provide for its fair share
of low- and moderate-income housing, as directed by the Superior Court
of New Jersey and consistent with N.J.A.C. 5:93-1 et seq.,[1] as amended and supplemented, N.J.A.C. 5:80-26.1 et seq.,
as amended and supplemented, and the New Jersey Fair Housing Act of
1985. This section is intended to provide assurances that very-low-,
low- and moderate-income units ("affordable units") are created with
controls on affordability over time and that qualified very-low-,
low- and moderate-income households shall occupy those units. This
section shall apply to all affordable housing units constructed in
the Township of Springfield, except where inconsistent with applicable
New Jersey law, and to the extent necessary to ensure compliance with
that obligation, shall take precedence over all other sections of
the Township's Revised General Ordinances.
a.
The Springfield Planning Board has adopted a Housing Element and
Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A.
40:55D-1 et seq. The Housing Element and Fair Share Plan has been
endorsed by the Township Committee. This section implements and incorporates
the adopted and endorsed Housing Element and Fair Share Plan and addresses
the requirements of N.J.A.C. 5:93-1 et seq.,[2] as amended and supplemented, N.J.A.C. 5:80-26.1 et seq.
as amended and supplemented, and the New Jersey Fair Housing Act of
1985, as well as the terms of the Township's settlement of its Declaratory
Judgment action with respect to its third round fair share obligation.
[2]
Editor's Note: The provisions of N.J.A.C. 5:93-1 et seq. expired
10-16-2016.
b.
The Township shall file annual monitoring reports regarding the status
of the implementation of its Court-approved Housing Element and Fair
Share Plan. The report shall be posted on the municipal web site and
shall be available to the public at the Springfield Township Hall,
Township Clerk's Office, 100 Mountain Avenue, New Jersey, 07081. A
copy of the report shall also be provided to the Fair Share Housing
Center. In addition, in accordance with the Fair Housing Act, the
Township shall undertake the actions in the following two provisions:
1.
For the midpoint realistic opportunity review due on July 1, 2020,
as required pursuant to N.J.S.A. 52:27D-313, the Township will post
on its municipal website, with a copy provided to Fair Share Housing
Center, a status report as to its implementation of its Plan and an
analysis of whether any unbuilt sites or unfulfilled mechanisms continue
to present a realistic opportunity and whether the mechanisms to meet
unmet need should be revised or supplemented. Such posting shall invite
any interested party to submit comments to the municipality, with
a copy to Fair Share Housing Center, regarding whether any sites no
longer present a realistic opportunity and should be replaced and
whether the mechanisms to meet unmet need should be revised or supplemented.
Any interested party may by motion request a hearing before the court
regarding these issues.
2.
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 agreement, and every three years thereafter, the Township shall
post on its municipal website, with a copy provided to Fair Share
Housing Center, a status report as to its satisfaction of its very-low-income
requirements, including the family very-low-income requirements referenced
herein. Such posting shall invite any interested party to submit comments
to the municipality and Fair Share Housing Center on the issue of
whether the municipality has complied with its very-low-income housing
obligation under the terms of this settlement.
[1]
Editor's Note: The provisions of N.J.A.C. 5:93-1 et seq. expired
10-16-2016.
The following terms when used in this section shall have the
meanings given in this subsection:
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.[1]
The entity designated by the Township to administer affordable
units in accordance with this section, N.J.A.C. 5:93,[2] 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,[3] 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 the Township'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: 1) all the residents of the development wherein the unit
is situated are 62 years of age or older; or 2) at least 80% of the
units are occupied by one person who is 55 years of age or older;
or 3) the development has been designated by the Secretary of the
U.S. Department of Housing and Urban Development as "housing for older
persons" as defined in Section 807(b)(2) of the Fair Housing Act,
42 U.S.C. § 3607.
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.).
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 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 other 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 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 restricted unit that is affordable to a very-low-income
household.
A household with a total gross annual household income equal
to 30% or less of the regional median income by household size.
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.
a.
The provisions of this section shall apply to all affordable housing
developments and affordable housing units that currently exist and
that are proposed to be created within the Township of Springfield
pursuant to the Township's most recently adopted Housing Element and
Fair Share Plan. Additionally, the provisions of this section regarding
the very-low-income housing requirement (and definition thereof),
income distribution (and definitions thereof) and bedroom distribution
shall apply to all 100% affordable housing developments created using
federal low-income housing tax credit financing.
b.
In addition, any property in the Township that is currently zoned
for nonresidential uses and that is subsequently rezoned for residential
purposes or receives a zoning change or a use variance to permit residential
development, or receives a zoning change or a density variance to
permit higher density residential development, and provided such residential
development provides a sufficient compensatory benefit in terms of
the density of development permitted, shall provide an affordable
housing set-aside of 15% if the affordable units will be for rent
and 20% if the affordable units will be for sale. The determination
of a "sufficient compensatory benefit" shall be made by the reviewing
authority based upon prevailing legislation and/or case law.
c.
The following sections shall apply to all developments that contain
low- and moderate-income housing units, including any currently unanticipated
future developments that will provide low- and moderate-income housing
units.
[Amended 11-13-2017 by Ord. No. 2017-16]
a.
The average price or rent of purchased low- and moderate-income units within an inclusionary development shall be, as best as practicable, affordable to households at 57.5% of median income as contained in Subsection 35-34.2.
b.
In devising a range of affordability for purchased housing, as required in Subsection a above, the development shall provide moderate-income sales units to be available for at least three different prices and low-income sale units to be available for at least two different prices.
c.
In averaging 57.5% under Subsection a above, developers and/or municipal sponsor of rental units may establish one rent for a low-income unit and one rent for a moderate-income unit for each bedroom distribution.
d.
At least
1/2 of the low- and moderate-income units constructed in a development
shall be affordable to low-income households.
In inclusionary developments the following schedule shall be
followed:
|
Maximum Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
|---|---|
|
25
|
0
|
|
25 + 1
|
10
|
|
50
|
50
|
|
75
|
75
|
|
90
|
100
|
a.
Low/moderate split and bedroom distribution of affordable housing
units:
1.
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.
2.
In each affordable development, at least 50% of the restricted units
within each bedroom distribution shall be low-income units.
3.
Affordable developments that are not age-restricted shall be structured
in conjunction with realistic market demands such that:
(a)
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total low- and moderate-income units;
(b)
At least 30% of all low- and moderate-income units shall be
two-bedroom units;
(c)
At least 20% of all low- and moderate-income units shall be
three-bedroom units; and
(d)
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
4.
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
low- and moderate-income units within the inclusionary development.
This standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
b.
Accessibility requirements:
2.
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:
(a)
An adaptable toilet and bathing facility on the first floor;
(b)
An adaptable kitchen on the first floor;
(c)
An interior accessible route of travel on the first floor;
(d)
An adaptable room that can be used as a bedroom, with a door
or the casing for the installation of a door, on the first floor;
and
(e)
If not all of the foregoing requirements in Subsection b2(a) through (d) 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 b2(a) through (d) above have been satisfied, then an interior accessible route of travel shall not be required between stories within an individual unit; and
(f)
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,[2] or evidence that the Township has collected funds from
the developer sufficient to make 10% of the adaptable entrances in
the development accessible:
(1)
Where a unit has been constructed with an adaptable entrance,
upon the request of a disabled person who is purchasing or will reside
in the dwelling unit, an accessible entrance shall be installed.
(2)
To this end, the builder of restricted units shall deposit funds
within the Township's Affordable Housing Trust Fund sufficient to
install accessible entrances in 10% of the affordable units that have
been constructed with adaptable entrances.
(3)
The funds deposited under Subsection b2(f)(2) above shall be used by the 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.
(4)
The developer of the restricted units shall submit a design
plan and cost estimate to the Construction Official of the Township
for the conversion of adaptable to accessible entrances.
(5)
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,[3] 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 Treasurer who shall ensure that the funds
are deposited into the Affordable Housing Trust Fund and appropriately
earmarked.
[3]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
(6)
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]
[4]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
[2]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
d.
Maximum rents and sales prices.
[Amended 11-5-2018 by Ord. No. 2018-17]
1.
In establishing rents and sales prices of affordable housing units,
the administrative agent shall follow the procedures set forth in
the UHAC, utilizing the most recently published regional weighted
average of the uncapped Section 8 income limits published by the Department
of Housing and Urban Development ("HUD") and using the following calculation
procedures approved by the Court.
2.
Income limits for all units that are part of the Township's Housing
Element and Fair Share Plan and for which income limits are not already
established through a federal program exempted from the UHAC pursuant
to N.J.A.C. 5:80-26.1 shall be updated by the Township annually within
30 days of the publication of determinations of median income by HUD
as follows:
(a)
Regional income limits shall be established for the region in
which the Township is located based on the median income by household
size, which shall be established by a regional weighted average of
the uncapped Section 8 income limits published by HUD. To compute
this regional income limit, the HUD determination of median county
income for a family of four is multiplied by the estimated number
of households within the county according to the most recent decennial
Census. The resulting product for each county within the housing region
is summed. The sum is divided by the estimated total households from
the most recent decennial Census in the Township's housing region.
This quotient represents the regional weighted average of median income
for a household of four. The income limit for a moderate-income unit
for a household of four shall be 80% of the regional weighted average
median income for a family of four. The income limit for a low-income
unit for a household of four shall be 50% of the HUD determination
of the regional weighted average median income for a family of four.
The income limit for a very-low-income unit for a household of four
shall be 30% of the regional weighted average median income for a
family of four. These income limits shall be adjusted by household
size based on multipliers used by HUD to adjust median income by household
size. In no event shall the income limits be less than those for the
previous year.
(b)
The income limits are the result of applying the percentages set forth in Subsection d2(a) above to HUD's determination of median income for the fiscal year 2018, and shall be utilized until the Township updates the income limits after HUD has published revised determinations of median income for the next fiscal year.
(c)
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 d2(a) 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.
3.
In establishing sale prices and rents of affordable housing units,
the Township's administrative agent shall follow the procedures set
forth in UHAC, utilizing the regional income limits established pursuant
to the process defined above.
4.
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.
5.
The developers and/or municipal sponsors of restricted rental units
shall establish at least one rent for each bedroom type for both low-income
and moderate-income units, provided that at least 13% of all low-
and moderate-income rental units shall be affordable to very-low-income
households, which very-low-income units shall be part of the low-income
requirement.
6.
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.
7.
In determining the initial sales prices and rent levels for compliance
with the affordability average requirements for restricted units other
than assisted living facilities and age-restricted developments, the
following standards shall be used:
(a)
A studio shall be affordable to a one-person household;
(b)
A one-bedroom unit shall be affordable to a one-and-one-half-person
household;
(c)
A two-bedroom unit shall be affordable to a three-person household;
(d)
A three-bedroom unit shall be affordable to a four-and-one-half-person
household; and
(e)
A four-bedroom unit shall be affordable to a six-person household.
8.
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:
9.
The initial purchase price for all restricted ownership units shall
be calculated so that the monthly carrying cost of the unit, including
principal and interest (based on a mortgage loan equal to 95% of the
purchase price and the Federal Reserve H.15 rate of interest), taxes,
homeowner and private mortgage insurance and condominium or homeowner
association fees do not exceed 28% of the eligible monthly income
of the appropriate size household as determined under N.J.A.C. 5:80-26.4,
as may be amended and supplemented; provided, however, that the price
shall be subject to the affordability average requirement of N.J.A.C.
5:80-26.3, as may be amended and supplemented.
10.
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30% of the eligible monthly income of the appropriate
size household, including an allowance for tenant paid utilities,
as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented;
provided, however, that the rent shall be subject to the affordability
average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
11.
The resale prices of owner-occupied low- and moderate-income units
may increase annually based on the percentage increase in the regional
median income limit for each housing region determined pursuant to
the above methodology. In no event shall the maximum resale price
established by the administrative agent be lower than the last recorded
purchase price.
12.
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.
a.
Affordable units shall utilize the same type of heating source as
market units within an inclusionary development.
b.
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 DCA for its Section 8 program.
In referring certified households to specific restricted units,
the administrative agent shall, to the extent feasible and without
causing an undue delay in the occupancy of a unit, strive to:
a.
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 the Township
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.
b.
The affordability control period for a restricted ownership unit
shall commence on the date the initial certified household takes title
to the unit.
c.
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.
d.
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.
e.
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.
f.
A restricted ownership unit shall be required to obtain a continuing
certificate of occupancy or a certified statement from the Construction
Official stating that the unit meets all Code standards upon the first
transfer of title following the removal of the restrictions provided
under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
Price restrictions for restricted ownership units shall be in
accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
including:
a.
The initial purchase price for a restricted ownership unit shall
be approved by the administrative agent.
b.
The administrative agent shall approve all resale prices, in writing
and in advance of the resale, to assure compliance with the foregoing
standards.
c.
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.
d.
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 § 35-34.13.
a.
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.
b.
Notwithstanding the foregoing, however, the administrative agent
may, upon approval by the Township Committee, and subject to the Court's
approval, permit moderate-income purchasers to buy low-income units
in housing markets if the administrative agent determines that there
is an insufficient number of eligible low-income purchasers to permit
prompt occupancy of the units. All such low-income units to be sold
to moderate-income households shall retain the required pricing and
pricing restrictions for low-income units.
c.
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.
d.
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.
a.
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.
b.
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).
a.
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.
b.
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.
a.
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 the Township
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.
b.
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 Union County Clerk.
A copy of the filed document shall be provided to the administrative
agent within 30 days of the receipt of a certificate of occupancy.
c.
A restricted rental unit shall remain subject to the affordability
controls of this section despite the occurrence of any of the following
events:
a.
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.
b.
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.
c.
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.
d.
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.
a.
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:
1.
Very-low-income rental units shall be reserved for households with
a gross household income less than or equal to 30% of median income.
2.
Low-income rental units shall be reserved for households with a gross
household income less than or equal to 50% of median income.
3.
Moderate-income rental units shall be reserved for households with
a gross household income less than 80% of median income.
b.
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:
1.
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;
2.
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;
3.
The household is currently in substandard or overcrowded living conditions;
4.
The household documents the existence of assets with which the household
proposes to supplement the rent payments; or
5.
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.
The Township shall appoint a specific municipal employee to serve
as a Municipal Housing Liaison responsible for administering the affordable
housing program, including affordability controls, the affirmative
marketing plan, monitoring and reporting, and, where applicable, supervising
any contracted administrative agent. The Township shall adopt an Ordinance
creating the position of Municipal Housing Liaison. The Township shall
adopt a Resolution appointing a Municipal Housing Liaison. The Municipal
Housing Liaison shall be appointed by the governing body and may be
a full- or part-time municipal employee. The Municipal Housing Liaison
shall be approved by the Court and shall be duly qualified through
a training program sponsored by Affordable Housing Professionals of
New Jersey before assuming the duties of Municipal Housing Liaison.
b.
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Township,
including the following responsibilities which may not be contracted
out to the administrative agent:
1.
Serving as the Township's primary point of contact for all inquiries
from the State, affordable housing providers, administrative agents
and interested households;
2.
Monitoring the status of all restricted units in the Township's Fair
Share Plan;
3.
Compiling, verifying and submitting annual monitoring reports as
may be required by the Court;
4.
Coordinating meetings with affordable housing providers and administrative
agents, as needed; and
5.
Attending continuing education opportunities on affordability controls,
compliance monitoring and affirmative marketing at least annually
and more often as needed.
c.
Subject to the approval of the Court, the Township shall designate
one or more administrative agent(s) to administer newly constructed
affordable units in accordance with UHAC. An operating manual for
each affordable housing program shall be provided by the administrative
agent(s) to be adopted by resolution of the governing body and subject
to approval of the Court. The operating manual(s) shall be available
for public inspection in the office of the Township Clerk, in the
office of the Municipal Housing Liaison, and in the office(s) of the
administrative agent(s). The Municipal Housing Liaison shall supervise
the contracting administrative agent(s).
The administrative agent shall be an independent entity serving
under contract to and reporting to the municipality. The fees of the
administrative agent shall be paid by the owners of the affordable
units for which the services of the administrative agent are required.
The administrative agent shall perform the duties and responsibilities
of an administrative agent as set forth in UHAC, including those set
forth in Sections 5:80-26.14, 16 and 18 thereof, which includes:
a.
Affirmative marketing:
1.
Conducting an outreach process to affirmatively market affordable
housing units in accordance with the affirmative marketing plan of
the Township and the provisions of N.J.A.C. 5:80-26.15; and
2.
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.
b.
Household certification:
1.
Soliciting, scheduling, conducting and following up on interviews
with interested households;
2.
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;
3.
Providing written notification to each applicant as to the determination
of eligibility or noneligibility;
4.
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.;
5.
Creating and maintaining a referral list of eligible applicant households
living in the housing region and eligible applicant households with
members working in the housing region where the units are located;
and
6.
Employing a random selection process as provided in the affirmative
marketing plan of the Township when referring households for certification
to affordable units.
c.
Affordability controls:
1.
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;
2.
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;
3.
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the Union
County Clerk's office after the termination of the affordability controls
for each restricted unit;
4.
Communicating with lenders regarding foreclosures; and
5.
Ensuring the issuance of continuing certificates of occupancy or
certifications pursuant to N.J.A.C. 5:80-26.10.
d.
Resales and rerentals:
1.
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
2.
Instituting and maintaining an effective means of communicating information
to low- and moderate-income households regarding the availability
of restricted units for resale or rerental.
e.
Processing requests from unit owners:
1.
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;
2.
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;
3.
Notifying the Township of an owner's intent to sell a restricted
unit; and
4.
Making determinations on requests by owners of restricted units for
hardship waivers.
f.
Enforcement:
1.
Securing annually from the Township 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;
2.
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;
3.
The posting annually in all rental properties, including two-family
homes, of a notice as to the maximum permitted rent together with
the telephone number of the administrative agent where complaints
of excess rent or other charges can be made;
4.
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;
5.
Establishing a program for diverting unlawful rent payments to the
Township's Affordable Housing Trust Fund; and
6.
Creating and publishing a written operating manual for each affordable
housing program administered by the administrative agent, to be approved
by the Township Committee and the Court, setting forth procedures
for administering the affordability controls.
g.
Additional responsibilities:
1.
The administrative agent shall have the authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
2.
The administrative agent shall prepare monitoring reports for submission
to the Municipal Housing Liaison in time to meet any monitoring requirements
and deadlines imposed by the Court.
3.
The administrative agent shall attend continuing education sessions
on affordability controls, compliance monitoring, and affirmative
marketing at least annually and more often as needed.
a.
The Township shall adopt by resolution an affirmative marketing plan,
subject to approval of the Court, that is compliant with N.J.A.C.
5:80-26.15, as may be amended and supplemented.
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.
It is a continuing program that directs marketing activities toward
Housing Region 2 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 2, comprised
of Morris, Essex, Union and Warren 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 county administration building
and/or the county library for each county within the housing region;
Township Hall and the Springfield Free Public Library; and the developer's
rental office. Applications shall be mailed to prospective applicants
upon request. In addition, specific notice of the availability of
affordable housing units shall be provided by the administrative agent
to the following community and regional organizations: Fair Share
Housing Center, 510 Park Boulevard, Cherry Hill, New Jersey 08002;
the Latino Action Network, P.O. Box 943, Freehold, New Jersey 07728;
East Orange NAACP, P.O. Box 1127, East Orange, New Jersey 07019; Newark
NAACP, P.O. Box 1262, Newark, New Jersey 07101; Morris County NAACP,
P.O. Box 2256, Morristown, New Jersey 07962; and Elizabeth NAACP,
P.O. Box 6732, Elizabeth, New Jersey 07206.
[Amended 11-13-2017 by Ord. No. 2017-16]
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
the affordable unit by an owner, developer or tenant, the Township
shall have all remedies provided at law or equity, including but not
limited to foreclosure, tenant eviction, 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 Township
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 Township may file a court action pursuant to N.J.S.A. 2A:58-11
alleging a violation or violations of the regulations governing the
affordable housing unit. If the owner, developer or tenant is 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 the Township 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 Township may file a court action in the Superior Court seeking
a judgment that would result in the termination of the owner's equity
of 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 Township,
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 Township for any and all costs and expenses
incurred in connection with either the court action resulting in the
judgment of violation or the Sheriff's sale. In the event that the
proceeds from the Sheriff's sale are insufficient to reimburse the
Township in full as aforesaid, the violating owner shall be personally
responsible for the full extent of such deficiency, in addition to
any and all costs incurred by the 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 Township for the owner and shall be held in such
escrow for a maximum period of two years or until such earlier time
as the owner shall make a claim with the Township for such. Failure
of the owner to claim such balance within the two-year period shall
automatically result in a forfeiture of such balance to the Township.
Any interest accrued or earned on such balance while being held in
escrow shall belong to and shall be paid to the Township, whether
such balance shall be paid to the owner or forfeited to the Township.
(c)
Foreclosure by the Township 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 Township 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 Township shall obligate the
owner to accept an offer to purchase from any qualified purchaser
which may be referred to the owner by the Township, 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.
Appeals from all decisions of an administrative agent appointed
pursuant to this section shall be filed in writing with the Court.
