[Ord. No. 76-33; Ord. No. 85-31; Ord. No.
90-23]
There is hereby established pursuant to Chapter 291 P. L. 1975
in the Township a Planning Board of nine members consisting of the
following classes:
Class I. The Mayor.
Class II. One of the officials of the Township other than a
member of the Township council to be appointed by the Mayor; provided
that if there is an environmental commission, the member of the environmental
commission who is also a member of the Planning Board as required
by C. 40:56A-l shall be deemed to be the Class II Planning Board member
if there is both a member of the zoning board of adjustment and a
member of the Board of education among the Class IV members.
Class III. A member of the Township council to be appointed
by it for a term of one year.
Class IV. Six other citizens of the Township to be appointed
by the Township council.
The member of Class IV shall hold no other municipal office,
except that one member may be a member of the zoning board of adjustment
and one may be a member of the Board of education. A member of the
environmental commission, if any, who is also a member of the Planning
Board as required by R. S. 40:56A-l shall be a Class IV Planning Board
member unless there be among the Class IV members of the Planning
Board both a member of the zoning board of adjustment and a member
of the Board of education, in which case the member of the environmental
commission shall be deemed to be a Class II member of the Planning
Board.
The terms of the member composing Class I shall correspond with
his official tenure. The terms of the members composing Class II and
Class III shall be for one year or terminate at the completion of
their respective terms of office whichever occurs first, except for
a Class II member who is also a member of the environmental commission.
The term of a Class II or Class IV member who is also a member of
the environmental commission shall be for three years or terminate
at the completion of his term of office as a member of the environmental
commission, whichever occurs first.
The term of Class IV members who is also a member of the Board
of adjustment or a board of education shall terminate whenever he
is no longer a member of such other body or at the completion of his
Class IV term, whichever occurs first.
The terms of all Class IV members first appointed pursuant to
this chapter shall be so determined that to the greatest practicable
extent the expiration of such term shall be distributed evenly over
the first four years after the r appointment as determined by resolution
of the Township council provided however, that no term of any member
shall exceed four years, and further provided that nothing herein
shall affect the term of any present member of the Planning Board
all of whom shall continue in office until the completion of the terms
for which they were appointed. Thereafter, all Class IV members shall
be appointed for terms of four years except as otherwise hereinabove
provided. All terms shall run from January 1 of the year in which
the appointment is made.
The Mayor may appoint one alternate member in Class and the
Township council may appoint one alternate member in Class III, and
two alternate members in Class IV. The term for the alternate members
of Classes II and III shall expire at the same time as the terms of
the regular members of Classes II and III. The term of alternate members
of Class IV shall be two years; provided, however, that in the event
that two alternate members of Class IV are appointed at the same time,
the initial terms of such members shall be one and two years respectively.
Such alternate members shall be designated by the Chairman "Alternate
Number 1" and "Alternate Number 2" and shall serve in rotation during
the absence or disqualification of any regular member or members of
Class IV.
If a vacancy in any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term.
The Planning Board shall elect a Chairman and vice Chairman
from the members of Class IV and select a secretary who may be either
a member of the Planning Board or a municipal employee designated
by it.
There is hereby created the office of Planning Board attorney.
The Planning Board may annually appoint, fix the compensation of or
agree upon the rate of compensation of the Planning Board attorney
who shall be an attorney other than the Township Attorney.
The Planning Board may employ or contract for the services of
experts and other staff and services as it may deem necessary. The
Board shall not however exceed, exclusive of gifts or grants, the
amount appropriated by the Township council for its use.
The Planning Board is authorized to adopt by-laws governing
its procedural operation. It shall also have the following powers
and duties:
a.
To make and adopt and from time to time, amend a master plan for
the physical development of the Township including any areas outside
its boundaries, which in the Board's judgment bear essential relation
to the planning of the Township, in accordance with the provisions
of C. 40: 55D-28.
b.
To administer the provisions of the land subdivision ordinance and
site plan review ordinance of the Township in accordance with the
provisions of said ordinances and C. 40: 55D-l et seq.
c.
To participate in the preparation and review of programs or plans
required by State or Federal law or regulations.
d.
To assemble data on a continuing basis as part of a continuous planning
process.
e.
To annually review and make comments to the Township council concerning
a program of Township capital improvement projects projected over
a term of six years and amendments thereto, which program shall be
prepared by the Township council.
f.
To consider and make a report to the Township council within 35 days
after referral as to any proposed development regulations submitted
to it pursuant to the provisions of C. 40: 55D-26(a), and also pass
upon other matters specifically referred to the Planning Board by
the Township council, except for any matter under the jurisdiction
of the Board of adjustment, pursuant to the provisions of C. 40: 55D-26(b).
g.
Whenever the proposed development requires approval of a subdivision,
site plan or conditional use, but not a variance pursuant to N.J.S.A.
40:55D-70(d), the Planning Board shall have the power to grant to
the same extent and subject to the same restrictions as the Board
of adjustment:
1.
Variances pursuant to N.J.S.A. 40:55D-70(c).
2.
Direction pursuant to Section 25 of C. 291 Laws of N.J. 1975 for
issuance of permit for building or structure in the bed of a mapped
street or public drainage way, flood control basin or public area
reserved pursuant to Section 23 of C. 291 Laws of N.J. 1975.
3.
Direction pursuant to Section 27 of C. 291 Laws of N.J. 1975 for
issuance of a permit for a building or structure not related to a
street.
Whenever relief is requested pursuant to this subsection, notice
of a hearing on the application for development shall include reference
to the request for a variance or direction for issuance of a permit
as the case may be.
The developer may elect to submit a separate application requesting
approval of the variance or direction of the issuance of a permit,
and a subsequent application for any required approval of a subdivision,
site plan or conditional use. The separate approval of the variance
or direction of the issuance of a permit, shall be conditioned upon
grant of all required subsequent approvals by the Planning Board.
No such subsequent approval shall be granted unless the approval can
be granted without substantial detriment to the public good and without
substantial impairment of the intent and purpose of the zone plan
and zoning ordinance.
h.
To perform such other advisory duties as are assigned to it by ordinance
or resolution of the Township council for the aid and assistance of
the Township council or other agencies or officers.
i.
To aid the Township council in the preparation of an Official Map.
All applications to the zoning board of adjustment or the Planning
Board shall be acted upon within the time limitations indicated in
N.J.S.A. 40:55D-l et seq.
Applications for development within the jurisdiction of the
Planning Board pursuant to the provisions of C. 291 P.L. 1975 shall
be filed with the secretary of the Planning Board. Applications for
minor or major subdivision approvals, for site plan reviews, for conditional
use approvals, or for variances under the authority of the Planning
Board shall be filed at least 28 days before the date of the monthly
meeting of the Planning Board. At the time of filing the application,
the applicant shall also file all plot plans, maps or other papers
required by virtue of any provision of this chapter or any rule of
the Planning Board. The applicant shall obtain all necessary forms
from the secretary to the Planning Board. The secretary to the Board
shall inform the applicant of the steps to be taken to initiate applications
and of the regular meeting dates of the Board.
The Mayor may appoint one or more persons as a citizens advisory
committee to assist or collaborate with the Planning Board in its
duties, but such person or persons shall have no power to vote or
take other action required of the Board. Such person or persons shall
serve at the pleasure of the Mayor.
Whenever the environmental commission, if any, has prepared
and submitted to the Planning Board an index of the natural resources
of the Township, the Planning Board shall make available to the environmental
commission an informational copy of every application for development
submitted to the Planning Board. Failure of the Planning Board to
make such informational copy available to the environmental commission
shall not invalidate any hearing or proceeding.
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
In the issuance of subpoenas, administration of oaths and taking of
testimony, the provisions of the County and Municipal Investigations
Law of 1953 (N.J.S.A. 2A:67A-l et seq.) shall apply.
[Ord. No. 76-33; Ord. No. 78-23; Ord. No.
82-5; Ord. No. 90-23]
A zoning board of adjustment is hereby established pursuant
to C. 40:55D-69 et seq. consisting of seven residents of the Township
appointed by the council to serve for terms of four years from January
1 of the year of their appointment. The terms of the members first
appointed shall be so determined that to the greatest practicable
extent the expiration of such terms shall be distributed evenly over
the first four years after their appointment; provided that the initial
term of no member shall exceed Four years. Thereafter, the term of
each member shall be for four years. Nothing in this chapter shall,
however, be construed to affect the term of any present member of
the zoning board of adjustment, all of whom shall continue in office
until the completion of the term for which they were appointed.
No member of the zoning board of adjustment may hold any elective
office or position under the Township.
A vacancy occurring otherwise than by expiration of term shall
be filled for the unexpired term only.
The Township council may appoint up to two alternate members
of the Board of adjustment. Alternate members shall be designated
by the Chairman as "Alternate Number 1" and "Alternate Number 2,"
and shall serve in rotation during the absence or disqualification
of any regular member or members. The term of each alternate member
shall be for two years.
The Board of adjustment shall elect a Chairman and vice-Chairman
from its members and shall also select a secretary who may be either
a board member or another Township employee.
There is hereby created the office of attorney to the zoning
board of adjustment. The zoning board of adjustment may annually appoint,
fix the compensation of or agree upon the rate of compensation of
the zoning board of adjustment attorney, who shall be an attorney
other than the Township Attorney.
The zoning board of adjustment may also employ or contract for
and fix the compensation of such experts and other staff and services
as it may deem necessary. The Board shall not authorize expenditures
which exceed, exclusive of gifts or grants, the amount appropriated
by the Township council for its use.
The Board shall adopt such rules and regulations as may be necessary
to carry into effect the provisions and purposes of this chapter.
In the issuance of subpoenas, administration of oaths and taking of
testimony, the provisions of the County and Municipal Investigations
Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
a.
The powers of the zoning board of adjustment shall be in accordance
with Article 9 of Chapter 291 Laws of N.J. 1975, R.S. 40:55D-69 et
seq. and amendments and supplements thereto, and with the provisions
of this chapter.
b.
It is further the intent of this chapter to confer upon the zoning
board of adjustment as full and complete powers as may lawfully be
conferred upon such board, including, not by way of limitation, the
authority, in connection with any case, action or proceeding before
the Board, to interpret and construe the provisions of this chapter,
or any term, clause, sentence or word hereof, and the Zoning Map,
in accordance with the general rules of construction, applicable to
legislative enactments.
c.
The Board may, in appropriate cases and subject to appropriate conditions
and safeguards grant variances from the terms of this chapter in accordance
with the general or specific rules contained herein, and with the
general rules hereby laid down that equity shall be done in cases
where the strict construction of the provisions of this chapter would
work undue hardship. The powers and duties of the Board having been
delegated to and imposed upon it by statute, the Board shall in all
cases follow the provisions applicable to it in said Chapter 291,
P.L. 1975, or subsequent statutes in such case made and provided,
and it shall from time to time furnish to any person requesting the
same a copy of its rules and information as to how appeals or applications
may properly be filed with the Board for its decision thereon.
a.
Appeals to the Board of adjustment may be taken by any interested
party, or by an officer, department, board, or bureau of the Township
affected by any decision of the Zoning Officer based on or made in
the enforcement of the zoning ordinance or Official Map. Each appeal
shall be taken within 20 days, or such other times as may be prescribed
by statute, by filing a notice of appeal with the Zoning Officer together
with three copies of said notice with the secretary of the Board of
adjustment. This notice of appeal shall specify the grounds for said
appeal. The Zoning Officer shall forthwith transmit to the Board all
the papers constituting the record upon which the action appealed
from was taken.
b.
Applications addressed to the original jurisdiction of the Board
of adjustment without prior application to the Zoning Officer shall
be filled with the secretary of the zoning board of adjustment. One
copy of the application shall be filed. AT the time of filling the
appeal or application, the applicant shall also file four copies of
all plot plans, maps, or other papers required by virtue of any provision
of this chapter or any rule of the Board of adjustment. The applicant
shall obtain all necessary forms from the secretary of the zoning
board of adjustment.
The secretary of the Board shall inform the applicant of the
steps to be taken to initiate proceeding and of the regular meeting
dates of the Board.
c.
An appeal stays all proceedings in furtherance of the action in respect
of which the decision appealed from was made, unless the officer from
whom the appeal is taken certifies to the Board of adjustment after
the notice of appeal shall have been filed with him that by reason
of facts stated in the certificate a stay would, in his opinion, cause
imminent peril to life or property. In such case, proceedings should
not be stayed otherwise than by a restraining order by the Superior
Court of New Jersey on application or notice to the officer from whom
the appeal is taken and on due cause shown.
In exercising the above mentioned power, the Board of adjustment
may, in conformity with the provisions of C. 291 P.L. 1975 or amendments
thereto or subsequent statutes applying reverse or affirm wholly or
partly or may modify the order, requirement, decision, interpretation,
or determination appealed from, and make such other requirement, decision
or determination as ought to be made, and to that end have all the
powers of the administrative officer from whom the appeal was taken.
Any variance from the terms of this chapter or any zoning ordinance
or land use ordinance hereafter granted by the Board of adjustment
permitting the erection or alteration of any structure or structures,
or permitting a specified use of any premises shall expire by limitation
unless such construction or alteration shall have been actually commenced
on each and every structure permitted by said variance, or unless
such permitted use has actually been commenced within a period to
be fixed by the Board of not less than nine months duration from the
date of entry of the judgment or determination of the Board of adjustment;
except however, that the running of the period of limitation herein
provided shall be tolled from the date of filing an appeal from the
decision of the Board of adjustment to the Township council, or to
a court of competent jurisdiction, until the termination n any manner
of such appeal or proceeding.
The Board of adjustment shall have such powers as are granted
by law to:
a.
Hear and decide appeals where it is alleged by the appellant that
there is error in any order, requirement, decision or refusal made
by an administrative official or agency based on or made in the enforcement
of the zoning ordinance.
b.
Hear and decide requests for interpretation of the Zoning Map or
zoning ordinance, or for decisions upon other special questions upon
which such board is authorized by the zoning ordinance to pass.
c.
(1) Where (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, (b) or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (c) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation in the zoning ordinance would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the developer of such properly, grant, upon an application or an appeal relating to such property, a variance from strict application of such regulations so as to relieve such difficulties or hardship, (2) where, in an application or appeal relating to a specific piece of property, the purposes of N.J.S.A. 40: 55D-1 et seq. would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations in the zoning ordinance; provided, however, that no variance from those departures enumerated in Subsection d of this section shall be granted under this subsection; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to Subsection 47a. of the Municipal Land Use Law of 1975, c. 291 P.L. 1975.
d.
In particular cases, and for special reasons, grant a variance to
allow departure from regulations in the zoning ordinance to permit
(1) a use or principal structure in a district restricted against
such use or principal structure, (2) an expansion of a nonconforming
use, (3) deviation from a specification or standard pursuant to section
54 of P.L. 1975, c. 291 (C. 40:55D-67) pertaining solely to a conditional
use, (4) an increase in the permitted floor area ratio as defined
in section 3.1 of P.L. 1975, c. 291 (C. 40:55D-4), (5) an increase
in the permitted density as defined in section 3.1 of P.L. 1975, c.
291 (D 40:55D-4), except as applied to the required lot area for a
lot or lots for detached one or two dwelling unit buildings which
lot or lots are either an isolated undersized lot or lots resulting
from a minor subdivision. A variance under this subsection shall be
granted only by affirmative vote of at least five members (two-thirds
of the full authorized membership) of the Board.
No variance or other relief may be granted under the provisions
of this section unless such variance or other relief can be granted
without substantial detriment to the public good and will not substantially
impair the intent and purpose of the zone plan and zoning ordinance.
Any application under any subsection of this section may be referred
to any appropriate person or agency, including the Planning Board
for its report provided that such reference shall not extend the period
of time within which the zoning board of adjustment shall act.
The zoning board of adjustment shall in addition to the powers specified in Subsection 19-2.10 have power given by law to:
a.
Direct issuance of a permit pursuant to C. 40:55D-34 for a building
or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved on the Official Map.
b.
Direct issuance of a permit pursuant to C. 40:55D-36 for a building
or structure not related to a street.
The Board of adjustment shall have the power to grant to the same extent and subject to the same restrictions as the Planning Board subdivision or site plan approval pursuant to Article 6 of C. 291 P.L., 1975 or conditional use approval pursuant to C. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance pursuant to Subsection 19-2.10d.
The Board of adjustment shall render not later than 120 days
after the date (1) an appeal is taken from the decision of an administrative
officer, or (2) the submission of a complete application for development
to the Board pursuant to the provisions of C. 40:55D-72 (b).
Failure of the Board to render a decision within such 120 day
period or within such further time as may be consented to by the applicant
shall constitute a decision favorable to the applicant.
[Ord. No. 76-33; Ord. No. 85-31; Ord. No.
87-6; Ord. No. 88-7; Ord. No. 89-3; Ord. No. 89-30; Ord. No. 90-23; Ord. No. 93-38; Ord. No. 96-02; Ord. No.
98-31; Ord. No. 2013-4]
No member of the Planning Board or zoning board of adjustment
shall act on any matter in which he has either directly or indirectly
any personal or financial interest. Whenever any such member shall
disqualify himself from acting on a particular matter, he shall not
continue to sit with the Board on the hearing of such matter nor participate
in any discussion or decision relating thereto.
a.
Meetings of both the Planning Board and zoning board of adjustment
shall be scheduled no less often than once a month and any meeting
so scheduled shall be held as scheduled unless canceled for lack of
applications for development to process.
b.
Special meetings may be provided for at the call of the Chairman
or on the request of any two board members, which shall be held on
notice to its members and the public in accordance with all applicable
legal requirements,
c.
No action shall be taken at any meeting without a quorum being present.
d.
All actions shall be taken by majority vote of a quorum except as
otherwise required by any provisions of C. 291 Laws of N.J. 1975.
Failure of a motion to receive the number of votes required
to approve an application for development pursuant to the exceptional
vote requirements of N.J.S.A. 40:55D-2 or subscription 57d N.J.S.A.
40:55D-1 shall be deemed an action denying the application.
e.
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meetings Law, C. 231, Laws of
N.J. 1975. An executive session for the purpose of discussing and
studying any matters to come before either board shall not be deemed
a regular or special meeting in accordance with the provisions of
C. 40:55D-9.
f.
Request for Special Meeting. An applicant for approval of an application
may request a special meeting of the Planning Board or zoning board
of adjustment. The Board may schedule such special meeting(s) at a
date and time convenient to the applicant, the Board and the public.
There shall be paid to the Township, prior to the meeting, a non-refundable
special meeting fee of $1,000.
g.
Canceled Meeting Fee. With the exception of applications for variances
under N.J.S.A. 40:55D-70c. associated with existing residential structures,
if any application is withdrawn or if any hearing is canceled at the
applicant's request five or less business days preceding the scheduled
meeting date, the applicant shall be charged a fee of $500.
Minutes of every regular or special meeting shall be kept and
shall include the names of the persons appearing and addressing the
Board and of the persons appearing by attorney, the action taken by
the Board, the findings, if any, made by it and reasons therefor.
The minutes shall thereafter be made available for public inspection
during normal business hours at the office of the secretary of the
respective boards. Any interested party shall have the right to compel
production of the minutes for use as evidence in any legal proceeding
concerning the subject matter of such minutes. Such interested party
may be charged a fee for reproduction of the minutes of his use as
provided for in the rules of the Board.
a.
Recording Fee. A Certified Shorthand Reporter: $250, plus: an additional
$30 for each additional one-half hour after 11:00 p.m. If additional
hearings are required, a fee of $250 will be deducted from the applicant's
escrow to pay for any and all subsequent meetings.
b.
Change in Use. Change in use of existing structure where there is
no new construction involved: $250 for first 1,000 square feet of
gross floor area of any existing structure; plus $100 for each 1,000
square feet or fraction thereof.
c.
Temporary Operating Permit: $60. All fees are non-refundable.
d.
Conditional Uses. In addition to any required site plan, subdivision
or other fees, each application for approval of a conditional use
shall be accompanied by a fee of $500. All fees are non-refundable.
e.
Minor Subdivision: $500 plus $100 per lot including lands remaining.
All fees are non-refundable.
f.
Preliminary Major Subdivisions: $1,000 plus $250 per lot including
any lands remaining or common open space. All fees are non-refundable.
g.
Final Major Subdivision: $250 per lot including any lands remaining
or common open space. All fees are non-refundable.
h.
Preliminary Site Plan: $500 plus $250 for the first 1,000 square
feet of floor area (proposed buildings and structures) plus $25 for
each additional 1,000 square feet or portion thereof. All fees are
non-refundable.
i.
Final Site Plan: $500 for the first 1,000 square feet of floor area
(proposed buildings or structures) plus $250 for each additional 1,000
square feet or portion thereof. Final site plan fees shall be paid
in addition to preliminary site plan fees if simultaneous review and
approval is requested. If only preliminary approval is granted the
final site plan fees shall be applied to the final site plan application.
If denied, the final site plan fees shall be refunded. All fees are
otherwise non-refundable.
j.
Resubmission of Subdivision or Site Plans. Each resubmission made
prior to a decision of the approving authority shall be accompanied
by a non-refundable fee of $250. All fees are non-refundable.
k.
Request for Waiver of Site Plan Review. Request for waiver of site
plan review shall be accompanied by a fee of $500 which shall be applied
to site plan fees if such request is denied. All fees are non-refundable.
m.
Concept Plan.
[Ord. No. 2017-21; amended 10-29-2018 by Ord. No.
2018-30]
1.
Concept sketch less than 5 lots: $100.
Escrow fee: $1,000 per lot.
2.
Concept sketch five lots or more: $500 plus $100 for every lot over
5.
Escrow fee: $5,000 plus $1,000 for every lot over five.
3.
Site plan concept sketch: $500 for the first 1,000 square feet of
floor area (proposed buildings plus $250 for each additional 1,000
square feet or portion thereof).
Escrow fee: $2,500 for the first 1,000 square feet, $100 for
each additional 500 square feet.
4.
Concept plan multifamily site:
$1,000 per acre plus $100 per unit.
Escrow fee: $2,500 per acre plus $50 per unit (Minimum deposit
$3,000 to $3,500).
All Application fees are non-refundable.
1.
Establishment of Escrow Accounts. In addition to the foregoing non-refundable
application fees, all applicants for development or developers submitting
concept plans shall establish one or more professional review and
inspection escrow accounts with the Township to cover all professional,
environmental, legal (including legal research and preparation of
resolutions and performance and maintenance bond documentation), engineering,
planning, expert review, inspection and consultation fees and services
of the Township, including testimony and costs of certified reporters
and transcripts associated with the review and processing of the application
or concept plan revisions. Said professional review and inspection
escrow fees shall be required for all applications for development
concept plans. Where one application for development involves several
approval requests, the sum of the individual required escrow fees
shall be paid.
n.
Cumulative Fees. Where an application involves more than one approval
such as a combined subdivision/site plan application, preliminary/final
site plan application, subdivision/bulk variances application or preliminary
site plan/use variance application, the fee shall be cumulative.
o.
Request for Waiver of Standards. For each request for a waiver of any of the requirements of Chapters 16, 19 or 22, a non-refundable fee of $25 for each waiver shall be submitted with the application, except that there shall be no waiver of any fees specified in this or other Chapter of the Land Use and Development Ordinances of the Township of Scotch Plains.
p.
Escrow Fees for Professional Review; Inspection Fee Escrow.
1.
Establishment of Escrow Accounts. In addition to the foregoing non-refundable
application fees, all applicants for development not exempted by Subsection
p2 below shall establish one or more professional review and inspection
escrow accounts with the Township to cover all professional, environmental,
legal (including legal research and preparation of resolutions and
performance and maintenance bond documentation), engineering, planning,
expert review, inspection and consultation fees and services of the
Township, including testimony and costs of certified reporters and
transcripts associated with the review and processing of the application.
Said professional review and inspection escrow fees shall be required
for all applications for development, except as set forth in Subsection
p2 below. Where one application for development involves several approval
requests, the sum of the individual required escrow fees shall be
paid.
2.
Exemptions from Escrow Provisions. Residential variances pursuant to N.J.S.A. 40:55D-70c, not associated with a subdivision (whether major or minor) or site plan, shall be exempt from the professional review and inspection escrow provisions of this Subsection 19-3.4.
3.
Time for Payment: Additional Escrow Funds.
(a)
Any applicant seeking a development approval under this chapter
shall deposit to the escrow account the amount(s) hereinafter provided
unless exempted under Subsection p2 above.
(b)
All application and professional review escrow fees must be
deposited with the Township prior to any review by Township personnel
and/or consultants and prior to a determination that the application
is complete.
(c)
In the event that the amount(s) required to be deposited by
this subsection are not sufficient to cover the Township's estimated
and anticipated professional charges associated with an application
for development, the Planning Board, zoning board of adjustment or
Township council, as the case may be, shall request additional professional
review escrow funds pursuant to Subsection p11 below.
4.
Inspection Fees. In addition to any professional review escrow, each
applicant not exempted by Subsection p2 above shall agree, in writing,
to pay all reasonable costs for the municipal inspection of the constructed
improvements pursuant to Subsection p1 above. All such costs for inspection
(and any uncollected costs for review) shall be paid in accordance
with Subsection p10 below. All improvements and utility installations
shall be inspected during the time of installation under the supervision
of the Township Engineer (or other engineer retained by the Township
for such inspection) to ensure satisfactory completion.
5.
Responsibilities of Administrative Officer.
The administrative officer shall:
(a)
Prepare a monthly report of the cost of professional services
to be charged to the escrow accounts and shall submit it to the Chief
Financial Officer of the Township. The costs of professional services
shall be determined as follows:
(1)
Township Personnel - the charge shall not exceed 200% of the
sum of the products resulting from multiplying (i) the hourly base
salary of each of the professionals (as established annually by ordinance)
by (ii) the number of hours spent by the respective professionals
in their review of the application for development or inspection of
the developer's improvements, as the case may be.
(2)
Consultant Services - direct billing submitted in accordance
with the standard voucher procedures of the Township, pursuant to
Subsection p8 below.
(b)
Perform the duties as set forth in Subsection p11 below.
6.
Responsibilities of Chief Financial Officer.
The Chief Financial Officer shall:
(a)
Advise the administrative officer on a monthly basis of the
balance of all escrow accounts and whether additional funds are required
pursuant to Subsection p11 below.
(b)
Prepare and send to the applicant a statement which shall include
an accounting of funds listing all deposits, interest earnings, disbursements,
and the cumulative balance of the escrow account. This information
shall be provided on a quarterly basis, if monthly charges are $1,000
or less, or on a monthly basis if monthly charges exceed $1,000.
7.
Responsibilities of Township Professionals.
When review and/or inspections services are provided by a professional
who is a Township employee, said Township professional shall:
(a)
Prepare and submit monthly to the administrative officer a statement containing the same information as required on a voucher by consultants/outside professionals as set forth in Subsection p8(a) below. The administrative officer shall then include such statement in its report submitted monthly to the Chief Financial Officer as more particularly set forth in Subsection p5 above.
(b)
Simultaneously send to the applicant a copy of all statements
submitted to the administrative officer.
8.
Obligations of Consultants/Outside Professionals.
The consultants/outside professionals shall:
(a)
Submit vouchers to the Township Chief Financial Officer on a
monthly basis for their review of applications, review and preparation
of documents and inspection of improvements, in accordance with schedules
and procedures established by the Township. Said voucher shall identify
the personnel performing the service(s); the date(s) upon which service(s)
were rendered; the hour(s) spent to one-quarter hour increments; the
hourly rate; and the expenses incurred.
(b)
Simultaneously send to the applicant a copy of all statements
submitted to the Township.
9.
Professional Review Escrow.
Each applicant is required to deposit the following amounts
into escrow for the payment of professional services utilized in the
review of its application:
(a)
Minor Subdivision: $2,000.
(b)
Major Subdivision - Preliminary plat: $5,000.
(c)
Major Subdivision - Final plat: $2,000 plus $25 per lot.
(d)
Site Plan: $7,500 plus $10 per 100 square feet of building.
(e)
Use Variances - "d" variances under N.J.S.A. 40:55D-70d.: $1,000
for each "d" variance sought.
(f)
Appeals pursuant to N.J.S.A. 40:55D-70a: $2,500.
(g)
Interpretations pursuant to N.J.S.A. 40:55D-70b: $2,500.
(h)
Appeals N.J.S.A. 40:55D-72(a): $500.
[Added 10-29-2018 by Ord. No. 2018-30]
10.
Inspection Fee Escrow. Before the commencement of any on-site work,
including grading or clearing, the applicant is required to deposit
inspection fee(s) into escrow as set forth herein.
Said inspection fees shall be in an amount not to exceed, except
for extraordinary circumstances, the greater of $500 or 5% of the
cost of improvements, which cost shall be determined pursuant to N.J.S.A.
40:55D-53.4. For those developments for which the inspection fees
are less than $10,000, such fees may, at the option of the developer,
be paid in two installments. The initial amount deposited by a developer
prior to the commencement of any on-site work, including grading or
clearing, shall be 50% of the inspection fees. When the balance on
the deposit drops to 10% of the inspection fees because the amount
deposited by the developer has been reduced by the amount paid to
the Township Engineer (or other engineer retained by the Township
for such inspection) for inspection, the developer shall deposit the
remaining 50% of the inspection fees. For those developments for which
the inspection fees are ten thousand ($10,000.00) dollars or greater,
such fees may, at the option of the developer, be paid in four installments.
The initial amount deposited by a developer, prior to the commencement
of any on-site work, including grading or clearing, shall be 25% of
the inspection fees. When the balance on deposit drops to 10% of the
inspection fees because the amount deposited by the developer has
been reduced by the amount paid to the Township Engineer (or other
engineer retained by the Township for such inspection) for inspection,
the developer shall make additional deposits of 25% of the inspection
fees. The Township Engineer (or other engineer retained by the Township
for such inspection) shall not perform any inspection if sufficient
funds to pay for those inspections are not on deposit. In the event
that final approval is by stages or sections of development pursuant
to N.J.S.A. 40:55D-38, the provisions of this subsection shall be
applied by stage or section.
11.
Replenishment of Escrow. If an escrow account or deposit contains
insufficient funds to enable the Township, the Planning Board or zoning
board, as the case may be, to perform required application reviews
or improvement inspections, the Chief Financial Officer of the Township
shall provide the applicant with a notice of the insufficient escrow
or deposit balance. In order for work to continue on the development
or the application, the applicant shall, within five business days,
post a deposit to the account in an amount to be agreed upon by the
Township, the Planning Board or zoning board, as the case may be,
and the applicant. In the interim, any required health and safety
inspections shall be made and charged back against the replenishment
of funds.
12.
Close-Out Procedures for Escrow Deposits. The following close-out procedure shall apply to all deposits and escrow accounts established hereunder and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan (in the case of application review escrows and deposits) or after the improvements have been approved as provided in Subsections 21-4.7 and 22-4.6 of the General Ordinances of this Township (in the case of improvement inspection escrows and deposits). The applicant shall send written notice by certified mail to the Chief Financial Officer of the Township and the Planning Board or zoning board (as the case may be), and to the Township Engineering department, that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the Township within 30 days, and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the Township shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. Any balances remaining in the deposit or escrow account, including interest in accordance with N.J.S.A. 40:55D-53.1, shall be refunded to the developer along with the final accounting.
13.
Dispute Procedures.
(a)
An applicant shall notify in writing the Township council with copies to the Chief Financial Officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for service rendered to the Township in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to the provision of this chapter. The municipal manager, shall, within 45 days of the receipt of any written notification of dispute from the applicant, attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the Union County Construction Board of Appeals any charge to an escrow account or a deposit by any municipal professional or consultant, or the cost of the installation of improvements estimated by the Township Engineer pursuant to N.J.S.A. 40:55D-53.4. An applicant or his or her authorized agent shall submit the appeal in writing to the Union County Construction Board of Appeals. The applicant or his or her authorized agent shall simultaneously send a copy of the appeal to the Township, approving authority, and any professional whose charge is the subject of the appeal. An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher or statement required by Subsections p7 or 8 above, except that if the professional has not supplied the applicant with an informational copy of the voucher or statement, then the applicant shall file his or her appeal within 60 days from receipt of the municipal statement of activity against the deposit or escrow account required by Subsection p6(b) above. An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.
(b)
During the pendency of any appeal, the Township or approving
authority shall continue to process, hear, and decide the application
for development, and to inspect the development in the normal course,
and shall not withhold, delay, or deny reviews, inspections, signing
of subdivision plats or site plans, the reduction or the release of
performance or maintenance guarantees, the issuance of construction
permits or certificates of occupancy, or any other approval or permit
because an appeal has been filed or is pending under this subsection.
The chief financial official of the Township may pay charges out of
the appropriate escrow account or deposit for which an appeal has
been filed. If a charge is disallowed after payment, the Chief Financial
Officer of the Township shall reimburse the deposit or escrow account
in the amount of any such disallowed charge or refund the amount to
the applicant. If a charge is disallowed after payment to a professional
or consultant who is not an employee of the Township, the professional
or consultant shall reimburse the Township in the amount of any such
disallowed charge.
a.
Rules. The Planning Board and the zoning board of adjustment shall
make rules governing the conduct of hearings before such bodies which
rules shall not be inconsistent with the provisions of C. 40:55D-l
et seq. or of this chapter.
b.
Oaths. The officer presiding at the hearing or such person as he
may designate shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
evidence, including witnesses and documents presented by the parties,
and the provisions of the "County and Municipal Investigations Law"
P. L. 1953, C. 1938 (C. C. et seq.) shall apply.
c.
Testimony. The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer and the right of cross examination shall be permitted to all
interested parties through their attorneys, if represented, or directly,
if not represented, subject to the discretion of the presiding officer
and to reasonable limitations as to time and number of witnesses.
d.
Evidence. Technical rules of evidence shall not be applicable to
the hearing, but the Board may exclude irrelevant, immaterial or unduly
repetitious evidence.
e.
Records. Each board shall provide for the verbatim recording of the
proceedings by either stenographer, mechanical or electronic means.
The Board shall furnish a transcript or duplicate recording in lieu
thereof on request to any interested party at his expense.
Whenever a hearing is required on an application for development
pursuant to C. 40:55D-l et seq. the applicant shall give notice thereof
as follows:
a.
Public notice shall be given by publication in the official newspaper
of the Township at least ten days prior to the date of the hearing.
b.
Notice shall be given to the owners of all real property as shown
on the current tax duplicate or duplicates located within 200 feet
of all directions of the property which is the subject of such hearing
and whether located within or without the Township in which applicant's
land is located. Such notice shall be given by (1) serving a copy
thereof on the owner as shown on the said current tax duplicate or
his agent in charge of property or (2) mailing a copy thereof by certified
mail to the property owner at his address as shown on the said current
tax duplicate. A return receipt is now required. Notice to a partnership
owner may be made by service upon any partner. Notice to a corporate
owner may be made by service upon its President, a vice President,
secretary or other person authorized by appointment or by law to accept
service on behalf of the corporation.
c.
Notice of all hearings of applications for development involving property located within 200 feet of an ad joining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which no ice shall be in addition to the notice required to be given pursuant to Subsection 19-3.6b, to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
d.
Notice shall be given by personal service or certified mail to the
county Planning Board of a hearing on an application for development
of property adjacent to an existing county road or proposed road shown
on the official county map or on the county master plan, adjoining
other county land or situated within 200 feet of a municipal boundary.
e.
Notice shall be given by personal service or certified mail to the
Commissioner of transportation of a hearing on a application for development
of property adjacent to a State highway.
f.
Notice shall be given by personal service or certified mail to the
Director of the Division of State and Regional Planning in the Department
of Community Affairs of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with the Township Clerk pursuant to Section 6b of C. 291 Laws of N.J.
1975.
g.
All notices hereinabove specified in this section ! hall be given
at least ten days prior to the date fixed for hearing and the applicant
shall file an affidavit of proof of service with the Board holding
the hearing on the application for development.
h.
Any notice made by certified mail as hereinabove required shall be
deemed to be complete upon mailing in accordance with the provisions
of C. 40:55D-14.
i.
Form of Notice. All notices required to be given pursuant to the
terms of this chapter shall state the date, time and place of the
hearing, the nature of the matters to be considered and identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the Township Tax Assessor's office and the location and
times at which any maps and documents for which approval is sought
are available as required by law.
Pursuant to the provisions of C. 40: 55D-12c, the Tax Assessor of the Township shall within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10 make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection 19-3.6b.
a.
Each decision on any application for development shall include findings
of fact and conclusions based thereon in each decision or any application
for development and shall reduce the decision to writing.
The municipal agency shall provide the findings and conclusions
through:
1.
A resolution adopted at a meeting held within the time provided in
C. 40: 55D-l et seq. for action by the municipal agency on the application
for development; or
2.
A memorializing resolution adopted at a meeting held not later than
45 days after the date of the meeting at which the municipal agency
votes to grant or deny approval. Only the members of the municipal
agency who voted for the action taken may vote on the memorializing
resolution, and the vote of a majority of such members present at
the meeting at which the resolution is presented for adoption shall
be sufficient to adopt the resolution. An action pursuant to C. 40:
55D-9; resulting from the failure of a motion to approve an application
shall be memorialized by resolution as provided above, with those
members voting against the motion for approval being the members eligible
to vote on the memorializing resolution. The vote on any such resolution
shall be deemed to be a memorialization of the action of the municipal
agency and not to be an action of municipal agency; however, the date
of the adoption of the resolution shall constitute the date of the
decision for purposes of the mailings, filings and publications required
by Subsection h and I of section C. 40: 55D-10.
b.
A copy of the decision shall be mailed by the Board within ten days
of the date of decision to the applicant, or if represented, then
to his attorney, without separate charge. A copy of the decision shall
also be mailed to all persons who have requested it and who have paid
the fee prescribed by the Board for such service. A copy of the decision
shall also be filed in the office of the Township Clerk, who shall
make a copy of such filed decision available to any interested party
upon payment of a fee calculated in the same manner as those established
for copies of other public documents in the Township.
a.
An application for development shall be complete for purposes of
commencing the applicable time period for action by a municipal agency
when so certified by the municipal agency or its authorized committee
or designee. In the event that the agency, committee or designee does
not certify the application to be complete within 45 days of the date
of its submission, the application shall be deemed complete upon the,
expiration of the 45 day period for purposes of commencing the applicable
time period unless (a) the application lacks information indicated
on a check list as hereinafter specified, a copy of which shall have
been provided to the applicant, and (b) the municipal agency or its
authorized committee or designee has notified the applicant, in writing,
of the deficiencies in the application within 45 days of submission
of the application. The applicant may request that one or more of
the submission requirements be waived, in which event the agency or
its authorized committee shall grant or deny the request within 45
days. Nothing herein shall be constructed as diminishing the applicant's
obligation to prove in the application process that he is entitled
to approval of the application. The municipal agency may subsequently
require correction of any information found to be in error and submission
of additional information not specified in the ordinance or any revisions
in the accompanying documents as are reasonably necessary to make
an informed decision as to whether the requirements necessary for
the approval of the applicant for development have been met.
The check list requirement for development are as follows:
b.
Check list requirements for all applications for development. The
date of certificate of completeness of an application for development
to the zoning board of adjustment shall be set forth in the ordinance.
[Ord. No. 2017-25]
Prior to the submittal of an application for development, the
Applicant may request an informal review with Township Representatives,
including the Township Zoning Officer, Township Engineer, Planning
Board Engineer, Township Planner and Township Attorney, in order to:
a.
Acquaint the applicant with the substantive and procedural requirements
of the subdivision, site plan, and/or redevelopment ordinance.
b.
Provide for an exchange of information regarding the proposed development
plan and applicable elements of the master plan, zoning ordinance
and other development requirements.
c.
Advise the applicant of any public sources of information that may
aid the application.
d.
Identify policies and regulations that create opportunities or pose
significant constraints for the proposed development.
e.
Consider opportunities to increase development benefits and mitigate
undesirable project consequences.
f.
Permit input into the general design of the project.
Applicants seeking review of a concept plan shall provide 16
copies of the plan and narrative description of the proposed development
and the required review fees to the Township.
The concept plan is a general plan that need not be fully engineered.
The plan or plat should be sufficiently detailed to allow the representatives
to make suggestions on general site design and layout for circulation,
stormwater management, location of open space and buffers, building
arrangements and to determine how the proposal meets the Township's
development goals and objectives.
Neither the applicant nor the Township is bound by any concept
plan or informal review.
A brief notice of every final decision shall be published in
the official newspaper of the Township. Such publication shall be
arranged by the secretary of the Planning Board or zoning board of
adjustment, as the case may be. The applicant shall pay to the Township
the cost of the publication immediately upon receipt of a bill for
same from the secretary of the Planning Board or zoning board of adjustment,
as the case may be. The notice shall be sent to the official newspaper
for publication within ten days of the date of any such decision.
Pursuant to the provisions of C. 40: 55D-39 and C. 40: 55D-65,
every application for development submitted to the Planning Board
or to the zoning board of adjustment shall be accompanied by proof
that no taxes or assessments for local improvements are due or delinquent
on the property which is the subject of such application; or, if it
is shown that taxes or assessments are delinquent on the property,
any approvals or other relief granted by either board shall be conditioned
upon either the prompt payment of such taxes or assessments, or the
making of adequate provision for the payment thereof in such manner
that the Township will be adequately protected.
[Ord. No. 76-33; Ord. No. 85-31; Ord. No.
7-2009]
An appeal to the zoning board of adjustment may be taken by any interested party affected by any decision of the administrative officer of the Township based on or made in the enforcement of the zoning ordinance, or Official Map. Such appeal shall be taken within 65 days of filing a notice of appeal in the manner set forth in Subsection 19-2.7a, and in accordance with the provisions of Article 9 of the Municipal Land Use Law of 1975.
[Ord. No. 76-33; Ord. No. 98-31]
Whenever a term is used in this chapter which is defined in
C. 291 Laws of N.J. 1975, such term is intended to have the meaning
set forth in the definition of such term found in said statute, unless
a contrary intention is clearly expressed from the context of this
chapter.
All sections of the land subdivision ordinance, zoning ordinance,
or any other ordinance of the Township which contains provisions contrary
to the provisions of this chapter shall be and are hereby (to the
extent of such inconsistency), repealed.
Pursuant to the provisions of C. 291 Laws of N.J. 1975 Section
81, the substantive provisions of the existing land subdivision ordinance
and zoning ordinance of the Township and the development regulations
set forth therein shall continue in full force and effect for a period
of six months from the effective date of this act or until the Township
exercises the authority delegated by said ordinance to regulate development,
whichever occurs first.
All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of section 19-4.
This chapter shall be known and may be cited as "The Land Use
Procedures Ordinance of The Township of Scotch Plains."
This chapter shall take effect on December 1, 1976.
Immediately upon adoption of this chapter the Township Clerk
shall file a copy of this chapter with the county Planning Board as
required by law. The Clerk shall also file with the county Planning
Board copies of all other ordinances of the Township relating to land
use, such as the subdivision, zoning, and site plan review ordinances.
Annexed hereto and made a part hereof as Exhibit A is the checklist
for various land development applications made to either the Planning
Board or zoning board of adjustment, as the case may be.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
[Ord. No. 98-31]
The purpose of this section is to establish rules, regulations,
standards and procedures for the preparation of an environmental impact
statement by the applicant in order to provide essential information
to the appropriate reviewing board so that the environmental consequences
of a proposed activity can be evaluated and controlled for the promotion
of the safety, public health, convenience and general welfare of the
community. The environmental impact statement shall describe, with
suitable sketches and plans, the proposed project. The environmental
impact statement shall complement, rather than duplicate, the site
plan and building plan and shall include a survey and description
of the environmental features of the property.
a.
All applications for major subdivision, site plan, conditional use or use variance, shall be required to include an environmental impact statement unless waived in accordance with Subsection c below.
b.
Exemption. Variances relative to existing single family or two family
homes where the property does not contain any stream corridors, floodplains,
wetlands, or wetland transition areas shall be exempt from the environmental
impact statement requirements.
c.
Waiver. The administrative officer, or for those applications which
require approval by the Planning Board or zoning board of adjustment,
the appropriate reviewing board, may waive the environmental impact
statement requirement where the application and other sources of information
available to the administrative officer or reviewing board demonstrate
that the proposed activity will not involve an environmentally detrimental
or potentially environmentally detrimental use. The administrative
officer or reviewing board shall seek the advice of the environmental
commission before rendering a waiver decision. The waiver may be of
the entire environmental impact statement, or specific portions of
the statement. Any request for a waiver of this requirement shall
be made in writing with reasons as to why the waiver should be granted.
a.
General Requirements. The information required shall be presented
in a concise descriptive report. The descriptive report shall be supplemented
with graphic and explanatory material when environmentally sensitive
areas are involved. "Environmentally sensitive areas" include but
are not limited to stream corridors and floodplains, streams and water
bodies, wetlands, wetland transition areas, slopes greater than 5%,
highly acidic or erodible soils, mature stands of trees, aquifer discharge
areas and unique natural features and habitats.
b.
Environmental Impact.
1.
Describe on-site sewerage facilities and off-site sewerage connections;
demonstrate adequacy of both on-site and off-site sewerage facilities
and capacities and that the sewage can be disposed of without pollution
to natural and man-made water systems.
2.
Demonstrate that an adequate potable water supply is available for
both domestic use and fire protection, and demonstrate compliance
with N.J.S.A. 58:12A-1, et seq., New Jersey Safe Drinking Water Act.
3.
Discuss the effect of the proposed activity on ground and surface
water quality and quantity; include calculations of before development
and after-development infiltration capacity; describe any activities
which may result, even temporarily, in noncompliance with relevant
water quality standards and demonstrate ability to comply permanently
with state and local regulations as set forth in N.J.S.A. 26:3B-2
and 3B-3, Nuisances; N.J.A.C. 7:14, Water Pollution Control Act; N.J.A.C.
7:14A-1, and New Jersey Pollution Discharge Elimination System.
4.
Describe any impact on stream corridors, wetlands, wetland transition
areas, erodible soils, vegetation, wildlife habitats, aquifer recharge
areas and historically or archaeologically significant areas. Demonstrate
compliance with N.J.A.C. 7:13, Flood Hazard Area Regulations and N.J.A.C.
7:7A, Freshwater Wetlands Regulations.
5.
Describe any effect, including cumulative effects, of the proposed
activity on air quality surrounding the project. Demonstrate compliance
with relevant State and local regulations and standards for visible
and invisible pollutants in the air as set forth in N.J.A.C. 27, Air
Pollution Control.
6.
Demonstrate that there will be no significant increase in sound levels
which will adversely impact public health and welfare nor be detrimental
to the quality of life and privacy of the surrounding community; demonstrate
compliance with N.J.A.C. 7:29, Noise Control.
7.
Describe any hazardous substances to be transported to or from or
to be stored at the site and solid waste which will be generated by
the proposed activity; demonstrate compliance with relevant state
and local regulations and standards as set forth in N.J.S.A. 13:1K-6,
et seq., Environmental Cleanup and Responsibility Act; N.J.A.C. 7:19,
Discharges of Petroleum and Other Hazardous Substances; and N.J.A.C.
7:30, Pesticide Control.
8.
Describe the environmental impact of traffic generation.
9.
Describe any proposed site lighting and demonstrate that there will
not be adverse glare at adjoining properties.
10.
Describe any adverse environmental effect that may occur during the
construction phase of the project.
11.
List all known licenses, permits and other forms of approval required
by the Township, as well as agencies of the county, State and Federal
governments. Where approvals have been granted, attach copies; where
approvals are pending, a note shall be made to that effect.
12.
List all publications, file reports, manuscripts or other written
sources of information related to the project, the project site and
the Township which were consulted and employed in the compilation
of the environmental impact statement.
c.
Environmental Performance Controls. Describe in detail what measures
will be employed during the planning, construction and operation phases
which will minimize or eliminate negative impacts on and off-site
resulting from the proposed activity, including but not limited to:
1.
Site design techniques sensitive to the natural environment, surrounding
land uses, and cultural resources. Techniques should include innovative
landscapes, building and circulation design and buffers.
2.
Drainage plans which would limit site run-off and minimize non-point
source pollution.
3.
Sewage disposal techniques.
4.
Water supply and water conservation proposals.
5.
Energy conservation measures.
6.
Pollution control measures that favorably affect air quality and
water quality and reduce noise.
7.
Open space reserves.
8.
Procedures for chemical spill prevention, control and cleanup.
9.
Protection of mature trees.
10.
Protection of wetlands and wetlands transition areas.
11.
Soil erosion and sediment control.
d.
The name and address of the person, persons or entity who prepared
the environmental impact statement and their curriculum vitae.
The municipal reviewing board shall use the environmental impact
statement and any other available information to evaluate environmental
impact and, where appropriate, formulate reasonable and necessary
conditions of approval which will mitigate adverse environmental impact.
[Added 12-11-2018 by Ord. No. 2018-33]
a.
This section is intended to assure that low- and moderate-income
units ("affordable units") are created with controls on affordability
and that low- and moderate-income households shall occupy these units.
This section is also intended to ensure that any site that benefits
from a rezoning, variance or redevelopment plan approved by the Township
that results in multifamily residential development of five dwelling
units or more produces affordable housing at a set-aside rate of 20%
for for-sale affordable units and at a set-aside rate of 15% for rental
affordable units. This section shall apply except where inconsistent
with applicable law. This requirement does not give any developer
the right to any such rezoning, variance or other relief, or establish
any obligation on the part of the Township of Scotch Plains to grant
such rezoning, variance or other relief. No subdivision shall be permitted
or approved for the purpose of avoiding compliance with this requirement.
b.
The Township of Scotch Plains 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. (hereinafter "Fair Share Plan"). The
Fair Share Plan was subsequently endorsed by the governing body. The
Fair Share Plan describes how Scotch Plains Township shall address
its fair share of low- and moderate-income housing as documented in
the Fair Share Plan itself, the Settlement Agreement entered into
between the Township of Scotch Plains, Fair Share Housing Center ("FSHC"),
Lamberts Mill, Amberg, ATA Developers, and SP Reserve on January 15,
2018 (hereinafter "Settlement Agreement"), and the Court order approving
same, which was entered by the Court on April 20, 2018, after a properly
noticed fairness hearing.
c.
The Township of Scotch Plains shall track the status of the implementation
of the Fair Share Plan. Any evaluation report of the Fair Share Plan
shall be available to the public at the Township Municipal Building
located on 430 Park Avenue, Scotch Plains, NJ 07076.
The following terms when used in this section shall have the
meanings given in this section:
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing home, or through the conversion of an
existing accessory structure on the same site, or by an addition to
an existing home or accessory building, or by the construction of
a new accessory structure on the same site.
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.) as has been subsequently amended.
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
The entity responsible for the administration of affordable
units in accordance with this section, applicable COAH regulations
and the Uniform Housing Affordability Controls (UHAC) (N.J.A.C. 5:80-26.1
et seq.).
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 restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
A sales price or rent within the means of a low- or moderate-income
household as defined by COAH in its applicable regulations or an equivalent
controlling New Jersey state agency; 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 housing development all or a portion of which consists
of restricted units.
A development included in the Township's Fair Share Plan,
and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable development.
Any mechanism in the Township's Fair Share Plan prepared
or implemented to address the Township's fair share obligation.
A housing unit proposed or created pursuant to the Act, credited
pursuant to applicable COAH regulations, the FSHC Settlement Agreement,
or an order of the Court.
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that: 1) all the residents of the development where the unit
is situated are 62 years or older; or 2) at least 80% of the units
are occupied by one person that is 55 years or older; or 3) the development
has been designated by the Secretary of the U.S. Department of Housing
and Urban Development as "housing for older persons" as defined in
Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
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 facility licensed by the New Jersey Department of Health
and Senior Services to provide apartment-style housing and congregate
dining and to assure that assisted living services are available when
needed for four or more adult persons unrelated to the proprietor
and that offers units containing, at a minimum, one unfurnished room,
a private bathroom, a kitchenette and a lockable door on the unit
entrance.
A household that has been certified by an administrative
agent as a low-income household or moderate-income household.
The New Jersey Council on Affordable Housing.
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that
require the repair or replacement of a major system. A "major system"
includes weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint
abatement and/or load-bearing structural systems.
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development including the holder
of an option to contract or purchase, or other person having an enforceable
proprietary interest in such land.
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. Inclusionary developments must have a 20% set-aside of
affordable units if the development has five or more units and is
a for-sale project, or a 15% set-aside if the development is a rental
project. This term includes, but is not necessarily limited to: new
construction, the conversion of a nonresidential structure to residential
and the creation of new affordable units through the reconstruction
of a vacant residential structure.
A household with a total gross annual household income equal
to 50% or less of the median household income.
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 or 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 county,
as adopted annually by the Department.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
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 the Department's adopted regional income limits published
annually by the Department.
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 ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
The Department of Community Affairs of the State of New Jersey,
that was established under the New Jersey Fair Housing Act (N.J.S.A.
52:27D-301 et seq.).
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
A household with a total gross annual household income equal
to 30% or less of the median household income.
A restricted unit that is affordable to a very-low-income
household.
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for rehabilitation.
The Township of Scotch Plains will use the following mechanisms
to satisfy its affordable housing obligations:
a.
A Rehabilitation Program.
1.
The Township of Scotch Plains and FSHC have agreed that the Township's
indigenous need rehabilitation obligation is 81 units. The Township
currently participates in the Union County Community Development Block
Grant Program Home Improvement Program. Of the 81 units, 4 have been
rehabilitated since July of 2010. The Township will continue to implement
its rehabilitation program to ensure that its entire rehabilitation
obligation has been satisfied. The Township will continue its rehabilitation
program to update and renovate deficient housing units occupied by
low- and moderate-income households such that, after rehabilitation,
these units will comply with the New Jersey State Housing Code pursuant
to N.J.A.C. 5:28. The Township will continue to rehabilitate housing
units to improve its housing stock and to continue to provide indigenous
need affordable units.
2.
All rehabilitated rental and owner-occupied units shall remain affordable
to low- and moderate-income households for a period of 10 years (the
control period). For owner-occupied units, the control period will
be enforced with a lien and for renter occupied units the control
period will be enforced with a deed restriction.
3.
The Township of Scotch Plains shall dedicate an average of $15,000
for each unit to be rehabilitated through this program, reflecting
the minimum hard cost of rehabilitation for each unit.
4.
The Township of Scotch Plains plans to set aside funding through
the Affordable Housing Trust Fund to help fund and implement a rehabilitation
program, per the review and approval of a Spending Plan. Additionally,
the Township will continue to participate in the Union County Community
Development Block Grant Program Home Improvement Program to administer
the Rehabilitation Program in accordance with N.J.A.C. 5:93 et seq.[1]
[1]
Editor's Note: The provisions of N.J.A.C. 5:93-1 et seq expired
10-16-2016.
5.
Units in a Rehabilitation Program shall be exempt from N.J.A.C. 5:93-9
and UHAC requirements, but shall be administered in accordance with
the following:
(a)
If a unit is vacant, upon initial rental subsequent to rehabilitation,
or if a renter-occupied unit is re-rented prior to the end of controls
on affordability, the deed restriction shall require the unit to be
rented to a low- or moderate-income household at an affordable rent
and affirmatively marketed pursuant to N.J.A.C. 5:93-9 and UHAC.
(b)
If a unit is renter-occupied, upon completion of the rehabilitation,
the maximum rate of rent shall be the lesser of the current rent or
the maximum permitted rent pursuant to N.J.A.C. 5:93-9 and UHAC.
(c)
Rents in rehabilitated units may increase annually based on
the standards in N.J.A.C. 5:93-9 or the standards issued by a New
Jersey administrative agency with proper authority to issue such standards.
(d)
Applicant and/or tenant households shall be certified as income-eligible
in accordance with N.J.A.C. 5:93-9 and UHAC, except that households
in owner occupied units shall be exempt from the regional asset limit.
b.
Phasing. Inclusionary developments shall be subject to the following
schedule, except where an alternate phasing schedule has been incorporated
into a development or redevelopment agreement:
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
Maximum Percentage of Market-Rate Units Completed
|
|---|---|
|
0%
|
25%
|
|
10%
|
25% + 1 unit
|
|
50%
|
50%
|
|
75%
|
75%
|
|
100%
|
90%
|
c.
Fractional Units. If 15% or 20% of the total number of units in a
development (or the set-aside, as applicable) results in a fraction
or decimal, the developer shall be required to provide an additional
affordable unit on site.
1.
Example: an eight-unit development requiring an affordable housing
set-aside of 1.6 units is proposed. The developer is required to provide
two on-site affordable units.
d.
Integration of Affordable Units. In inclusionary developments, to
the extent possible, low- and moderate-income units shall be integrated
with the market-rate units.
e.
Utilities. Affordable units shall utilize the same type of heating
source as market units within the affordable development.
The following general guidelines apply to all newly constructed
developments that contain low- and moderate-income housing units,
including any currently unanticipated future developments that will
provide low- and moderate-income housing units.
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.
2.
In each affordable development, at least 50% of the restricted units
within each bedroom distribution shall be low-income units. If there
is only one affordable unit it must be a low-income unit.
3.
Thirteen percent of all affordable units in the Township, with the
exception of units constructed as of July 1, 2008, and units subject
to preliminary or final site plan approval as of July 1, 2008, shall
be designated as very-low-income households at 30% of the median income,
with at least 50% of all very-low-income units being available to
families. Very-low-income units shall be considered low-income units
for the purposes of evaluating compliance with the required low-/moderate-income
unit splits, bedroom distribution, and phasing requirements of this
section.
4.
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 are two-bedroom
units;
(c)
At least 20% of all low- and moderate-income units shall be
three-bedroom units; and
(d)
The remaining units, if any, may be allocated among two- and
three-bedroom units at the discretion of the developer.
5.
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.
The standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
b.
Accessibility Requirements:
1.
The first floor of all restricted townhouse dwelling units and all
restricted units in all other multistory buildings shall be subject
to the technical design standards of the Barrier Free Subcode, N.J.A.C.
5:23-7.
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 interior accessible route of travel shall not be required
between stories within an individual unit;
(e)
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
(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, or evidence that the Township of Scotch Plains 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 of Scotch Plains for the sole purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
(4)
The developer of the restricted units shall submit a design
plan and cost estimate for the conversion from adaptable to accessible
entrances to the Construction Official of the Township.
(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, and
that the cost estimate of such conversion is reasonable, payment shall
be made to the Township's Affordable Housing Trust Fund and appropriately
earmarked.
(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.
c.
Maximum Rents and Sales Prices.
1.
In establishing rents and sales prices of affordable housing units,
the administrative agent shall follow the procedures set forth in
UHAC utilizing the regional income limits established by the New Jersey
Department of Community Affairs (DCA) or other agency as required
by the Court.
2.
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for restricted low- and
moderate-income units shall be affordable to households earning no
more than 52% of median income.
3.
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.
(a)
At least 13% of all low- and moderate-income dwelling units
shall be affordable to households earning no more than 30% of median
income.
4.
The maximum sales price of restricted ownership units within each
affordable development shall be affordable to households earning no
more than 70% of median income, and each affordable development must
achieve an affordability average of 55% for restricted ownership units;
in achieving this affordability average, moderate-income ownership
units must be available for at least three different prices for each
bedroom type, and low-income ownership units must be available for
at least two different prices for each bedroom type.
5.
In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units other
than assisted living facilities, the following standards shall be
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.
6.
In determining the initial rents for compliance with the affordability
average requirements for restricted units in assisted living facilities,
the following standards shall be used:
7.
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.
8.
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30% of the eligible monthly income of the appropriate
household size as determined under N.J.A.C. 5:80-26.4, as may be amended
and supplemented; provided, however, that the rent shall be subject
to the affordability average requirement of N.J.A.C. 5:80-26.3, as
may be amended and supplemented.
9.
The price of owner-occupied low- and moderate-income units may increase
annually based on the percentage increase in the regional median income
limit for each housing region. In no event shall the maximum resale
price established by the administrative agent be lower than the last
recorded purchase price.
10.
The rent of low- and moderate-income units may be increased annually
based on the percentage increase in the Housing Consumer Price Index
for the United States. This increase shall not exceed 9% in any one
year. Rents for units constructed pursuant to low-income housing tax
credit regulations shall be indexed pursuant to the regulations governing
low-income housing tax credits.
a.
The Township of Scotch Plains shall adopt by resolution an Affirmative
Marketing Plan, subject to approval of the Court, compliant with N.J.A.C.
5:80-26.15, as may be amended and supplemented. The initial Affirmative
Marketing Plan shall include the following community and regional
organizations: Fair Share Housing Center, the New Jersey State Conference
of the NAACP, the Latino Action Network, East Orange NAACP, Newark
NAACP, Morris County NAACP and Elizabeth NAACP.
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 also intended to target those potentially eligible
persons who are least likely to apply for affordable units in that
region. It is a continuing program that directs all marketing activities
toward Housing Region 2 and covers the period of deed restriction.
c.
The Affirmative Marketing Plan shall provide a regional preference
for all households that live and/or work in Housing Region 2.
d.
The administrative agent designated by the Township of Scotch Plains
shall assure the affirmative marketing of all affordable units consistent
with the Affirmative Marketing Plan for the municipality.
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 process for available affordable units
shall begin at least four months prior to the expected date of occupancy.
g.
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner,
unless otherwise determined or agreed to by the Township.
a.
In referring certified households to specific restricted units, to
the extent feasible, and without causing an undue delay in occupying
the unit, the administrative agent shall strive to:
b.
Additional provisions related to occupancy standards (if any) shall
be provided in the municipal operating manual.
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 until the Township of Scotch Plains elects to release
the unit from such requirements; however, and prior to such an election,
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, for at
least 30 years.
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.
d.
At the time of the first sale of the unit, the 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 requirements of 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 that follows the expiration of the applicable minimum
control period provided under N.J.A.C. 5:80-26.5(a), as may be amended
and supplemented.
Price restrictions for restricted ownership units 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 method used to determine the condominium association fee amounts
and special assessments shall be indistinguishable between the low-
and moderate-income unit owners and the market unit owners.
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 capital improvements. Eligible capital improvements shall be those
that render the unit suitable for a larger household or the addition
of a bathroom.
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. Very-low-income
units shall be reserved for households with a gross household income
of less than 30% of median income.
b.
The administrative agent shall certify a household as eligible for
a restricted ownership unit when the household is a low-income household
or a moderate-income household, as applicable to the unit, and the
estimated monthly housing cost for the particular unit (including
principal, interest, taxes, homeowner and private mortgage insurance
and condominium or homeowner association fees, as applicable) does
not exceed 33% of the household's certified monthly income.
a.
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the administrative agent shall determine in writing
that the proposed indebtedness complies with the provisions of this
section.
b.
With the exception of original purchase money mortgages, during a
control period neither an owner nor a lender shall at any time cause
or permit the total indebtedness secured by a restricted ownership
unit to exceed 95% of the maximum allowable resale price of that unit,
as such price is determined by the administrative agent in accordance
with N.J.A.C. 5:80-26.6(b).
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 until the Township of Scotch Plains elects to release
the unit from such requirements pursuant to action taken in compliance
with N.J.A.C. 5:80-26.1 et al., as may be amended and supplemented,
and prior to such an election, a restricted rental unit must remain
subject to the requirements of N.J.A.C. 5:80-26.1, et al., as may
be amended and supplemented, for at least 30 years.
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 records office
of the County of Union. 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,
except for units in an assisted living residence, and tenants shall
be responsible for security deposits and the full amount of the rent
as stated on the lease. A copy of the current lease for each restricted
rental unit shall be provided to the administrative agent.
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.
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,
low-income or moderate-income household, as applicable to the unit,
and the rent proposed for the unit does not exceed 35% (40% for age-restricted
units) of the household's eligible monthly income as determined pursuant
to N.J.A.C. 5:80-26.16, 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 proposed third-party assistance from an outside
source such as a family member in a form acceptable to the administrative
agent and the owner of the unit.
c.
The applicant shall file documentation sufficient to establish the
existence of the circumstances in Subsection b1 through 5 above with
the administrative agent, who shall counsel the household on budgeting.
a.
The position of Municipal Housing Liaison (MHL) for the Township
of Scotch Plains is established by this section. The Township shall
make the actual appointment of the MHL by means of a resolution.
1.
The MHL must be either a full-time or part-time employee of Scotch
Plains.
2.
The person appointed as the MHL must be reported to the Court and
thereafter posted on the Township's website.
3.
The MHL must meet all the requirements for qualifications, including
initial and periodic training, if such training is made available
by COAH or the DCA.
4.
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Township
of Scotch Plains, including the following responsibilities which may
not be contracted out to the administrative agent:
(a)
Serving as the municipality's primary point of contact for all
inquiries from the state, affordable housing providers, administrative
agents and interested households;
(b)
The implementation of the Affirmative Marketing Plan and affordability
controls;
(c)
When applicable, supervising any contracting administrative
agent;
(d)
Monitoring the status of all restricted units in the Township's
Fair Share Plan;
(e)
Compiling, verifying and submitting annual reports as required;
(f)
Coordinating meetings with affordable housing providers and
administrative agents, as applicable; and
(g)
Attending continuing education opportunities on affordability
controls, compliance monitoring and affirmative marketing as offered
or approved by the Affordable Housing Professionals of New Jersey
(AHPNJ), if such continuing education opportunities are made available
by COAH or the DCA.
b.
The Township of Scotch Plains shall designate by resolution of the
Township Council, subject to the approval of the Court, one or more
administrative agents to administer newly constructed affordable units
in accordance with N.J.A.C. 5:93 and UHAC.
c.
An operating manual shall be provided by the administrative agent(s)
to be adopted by resolution of the governing body. The operating manuals
shall be available for public inspection in the office of the municipal
clerk and in the office(s) of the administrative agent(s).
d.
The administrative agent shall perform the duties and responsibilities
of an administrative agent as are set forth in UHAC, including those
set forth in N.J.A.C. 5:80-26.14, 16 and 18 thereof, and shall have
authority to take all actions necessary and appropriate to carry out
its responsibilities, which include:
1.
Attending continuing education opportunities on affordability controls,
compliance monitoring, and affirmative marketing as offered or approved
by the Affordable Housing Professionals of New Jersey (AHPNJ).;
2.
Affirmative marketing;
3.
Household certification;
4.
Affordability controls;
5.
Records retention;
6.
Resale and re-rental;
7.
Processing requests from unit owners; and
8.
Enforcement, though the ultimate responsibility for retaining controls
on the units rests with the municipality.
a.
Upon the occurrence of a breach of any of the regulations governing
the affordable unit by an owner, developer or tenant the municipality
shall have all remedies provided at law or equity, including but not
limited to foreclosure, tenant eviction, municipal fines, a requirement
for household recertification, acceleration of all sums due under
a mortgage, recoupment of any funds from a sale in the violation of
the regulations, injunctive relief to prevent further violation of
the regulations, entry on the premises, and specific performance.
b.
After providing written notice of a violation to an owner, developer
or tenant of a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the municipality
may take the following action against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
1.
The municipality may file a Court action pursuant to N.J.S.A. 2A:58-11
alleging a violation, or violations, of the regulations governing
the affordable housing unit. If the owner, developer or tenant is
found by the Court to have violated any provision of the regulations
governing affordable housing units the owner, developer or tenant
shall be subject to one or more of the following penalties, at the
discretion of the Court:
(a)
A fine of not more than $10,000 or imprisonment for a period
not to exceed 90 days, or both. Each and every day that the violation
continues or exists shall be considered a separate and specific violation
of these provisions and not as a continuing offense;
(b)
In the case of an owner who has rented his or her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment into the Township of Scotch Plains Affordable Housing
Trust Fund of the gross amount of rent illegally collected;
(c)
In the case of an owner who has rented his or her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment of an innocent tenant's reasonable relocation costs,
as determined by the Court.
2.
The municipality may file a Court action in the Superior Court seeking
a judgment, which would result in the termination of the owner's equity
or other interest in the unit, in the nature of a mortgage foreclosure.
Any judgment shall be enforceable as if the same were a judgment of
default of the first purchase money mortgage and shall constitute
a lien against the low- and moderate-income unit.
c.
Such judgment shall be enforceable, at the option of the municipality,
by means of an execution sale by the Sheriff, at which time the low-
and moderate-income unit of the violating owner shall be sold at a
sale price which is not less than the amount necessary to fully satisfy
and pay off any first purchase money mortgage and prior liens and
the costs of the enforcement proceedings incurred by the municipality,
including attorney's fees. The violating owner shall have the right
to possession terminated as well as the title conveyed pursuant to
the Sheriff's sale.
d.
The proceeds of the Sheriff's sale shall first be applied to satisfy
the first purchase money mortgage lien and any prior liens upon the
low- and moderate-income unit. The excess, if any, shall be applied
to reimburse the municipality for any and all costs and expenses incurred
in connection with either the Court action resulting in the judgment
of violation or the Sheriff's sale. In the event that the proceeds
from the Sheriff's sale are insufficient to reimburse the municipality
in full as aforesaid, the violating owner shall be personally responsible
for and to the extent of such deficiency, in addition to any and all
costs incurred by the municipality in connection with collecting such
deficiency. In the event that a surplus remains after satisfying all
of the above, such surplus, if any, shall be placed in escrow by the
municipality for the owner and shall be held in such escrow for a
maximum period of two years or until such earlier time as the owner
shall make a claim with the municipality for such. Failure of the
owner to claim such balance within the two-year period shall automatically
result in a forfeiture of such balance to the municipality. Any interest
accrued or earned on such balance while being held in escrow shall
belong to and shall be paid to the municipality, whether such balance
shall be paid to the owner or forfeited to the municipality.
e.
Foreclosure by the municipality due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the low- and moderate-income unit. Title shall be conveyed
to the purchaser at the Sheriff's sale, subject to the restrictions
and provisions of the regulations governing the affordable housing
unit. The owner determined to be in violation of the provisions of
this plan and from whom title and possession were taken by means of
the Sheriff's sale shall not be entitled to any right of redemption.
f.
If there are no bidders at the Sheriff's sale, or if insufficient
amounts are bid to satisfy the first purchase money mortgage and any
prior liens, the municipality may acquire title to the low- and moderate-income
unit by satisfying the first purchase money mortgage and any prior
liens and crediting the violating owner with an amount equal to the
difference between the first purchase money mortgage and any prior
liens and costs of the enforcement proceedings, including legal fees
and the maximum resale price for which the low- and moderate-income
unit could have been sold under the terms of the regulations governing
affordable housing units. This excess shall be treated in the same
manner as the excess which would have been realized from an actual
sale as previously described.
g.
Failure of the low- or moderate-income unit to be either sold at
the Sheriff's sale or acquired by the municipality shall obligate
the owner to accept an offer to purchase from any qualified purchaser
which may be referred to the owner by the municipality, with such
offer to purchase being equal to the maximum resale price of the low-
or moderate-income unit as permitted by the regulations governing
affordable housing units.
h.
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.
a.
Beginning one year after the entry of the Township's Round 3 Judgment
of Compliance and Repose, the Township agrees to provide annual reporting
of the status of all affordable housing activity within the Township
through posting on the municipal website with a copy of such posting
provided to Fair Share Housing Center, using forms previously developed
for this purpose by the Council on Affordable Housing or any other
forms endorsed by the Special Master and Fair Share Housing Center.
In addition to the foregoing, the Township may also post such activity
on the CTM system and/or file a copy of its report with COAH or its
successor agency at the state level.
b.
The Fair Housing Act includes two provisions regarding action to
be taken by the Township during its ten-year repose period. The Township
agrees to comply with those provisions as follows:
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 Township, 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 entry of the Township's Judgement of Compliance and Repose, and
every third year thereafter, the Township will post on its municipal
website, with a copy provided to Fair Share Housing Center, a status
report as to its satisfaction of its very-low-income requirements,
including the family very-low-income requirements referenced herein.
Such posting shall invite any interested party to submit comments
to the Township and Fair Share Housing Center on the issue of whether
the Township has complied with its very-low-income housing obligation
under the terms of this settlement.
3.
In addition to the foregoing postings, the Township may also elect
to file copies of its reports with COAH or its successor agency at
the state level.
Appeals from all decisions of an administrative agent designated
pursuant to this section shall be filed with the Superior Court of
New Jersey, Union County.
