[Prior ordinance history includes portions of Ordinances
12-9-76, 12-10-81, 2-9-84, 7-11-85, 8-13-87, 3-8-90, 6-1-91, 7-9-92,
11-12-92, 6-8-93, 9-14-95 and 2006-720.]
[Ord. No. 2009-746]
a.
There is herby established in the Township, in the County of Somerset,
a State Uniform Construction Code enforcing agency to be known as
the Building Construction Department of the Township, consisting of
a Construction Official, Building Subcode Official, Plumbing Subcode
Official, Electrical Subcode Official, Fire Subcode Official, and
such other subcode officials for such additional subcodes as the Commissioner
of the Department of Community Affairs, State of New Jersey, shall
hereafter adopt as part of the State Uniform Construction Code. The
Construction Official shall be the chief administrator of the enforcing
agency.
b.
Each official position created in paragraph a hereof shall be filled
by a person qualified by law for such position, or permitted to be
retained in such position pursuant to the provisions of P.L. 1975
Chapter 217, Title 5, Chapter 23 of the New Jersey Administrative
Code or Regulations of the Department of Community Affairs. In lieu
of any particular subcode official, an onsite inspection agency may
be retained by contract pursuant to N.J.A.C. 5: 23. More than (1)
such official position may be held by the same person.
c.
The public shall have the right to do business with the enforcing
agency at one office location, except for emergencies, and unforeseen
or unavoidable circumstances. The office shall be at the Township
Municipal Building, 111 Greenbrook Road, Green Brook, New Jersey.
[Ord. No. 2009-746]
The responsibility for the elevator subcode enforcement and
the performance of elevator subcode inspections and witnessing of
test within the jurisdiction of the Township of Green Brook, is hereby
relinquished to the Department of Community Affairs, pursuant to N.J.A.C.
5:23-4.3, and the functions and duties of the enforcing agency of
the Township of Green Brook, with respect to the elevator subcode,
are hereby repealed and transferred to the Department of Community
Affairs.
[Ord. No. 2009-746]
When the local Governing Body elects to contract with a private
on-site inspection and plan review agency to carry out the enforcement
of one or more subcodes, the agency shall be selected in accordance
with the N.J.A.C. 5:23-4.1 et seq. The amounts to be charged by the
private on-site agency awarded a contract shall be in the amounts
set forth in N.J.A.C. 5:23-4.20 and or 5:23-12.b(a) and (b) as of
the date of the bids, multiplied by the percentage set forth in the
bid. Such amounts shall be in effect for the entire contract period.
a.
Administrative surcharge for third party private agency shall be
15% of the subcode permit.
[Ord. No. 2009-746]
a.
In order to provide for the training and certification and technical
support programs required by the Act, an enforcing agency, including
the Department when acting as the local agency, shall collect a surcharge
fee to be based upon the volume of the new construction within the
municipality. Said fee shall be accounted for and forward to the Division
of Codes and Standards in the manner herein provided.
b.
Amount. This fee shall be in the amount of $0.00334 per cubic foot
of new buildings and additions. Volume shall be computed in accordance
with N.J.A.C. 5:23-2.28. The fee for all other construction shall
be $1.70 per $1,000 of value of construction.
1.
No fee shall be collected for pre-engineered systems of commercial
farm buildings.
2.
No fee shall be collected for permits to perform asbestos abatement
or lead abatement.
3.
No fee shall be collected for permits for the construction or rehabilitation
of residential units that are to be legally restricted to occupancy
by households of low or moderate income, as defined in N.J.A.C. 5:23-1.5.
4.
No fee shall be collected for work consequential to a natural disaster
when the local code enforcing agency is waiving its fee.
[Ord. No. 2009-746]
a.
Schedule of Fees. The fee for a construction permit will be the sum
of the basic construction fee plus all applicable special fees such
as elevator or sign fees. This fee shall be paid before a permit is
issued. The fees under this section shall be rounded to the nearest
whole dollar amount (e.g. $0.50 and larger rounded to next highest
dollar amount and $0.49 and less to the next lowest dollar amount)
1.
The fee for plan review shall be 20% of the amount to be charged
for a construction permit.
2.
The basic construction permit fees shall be the sum of the parts
computed on the basis of the volume or cost of construction, the number
of plumbing fixtures and pieces of equipment, the number of electrical
fixtures and rating of electrical devices the number of sprinklers,
standpipes and detectors (smoke and heat) at the unit rates and/or
the applicable flat fees as provided herein plus any special fees.
(a)
Building Subcode Fees.
(1)
Fees for new construction shall be based upon the volume of
the structure. Volume shall be computed in accordance with N.J.A.C.
5:23-2.28. The new construction fee shall be in the amount of $0.035
per cubic foot of volume for buildings and structures of all use groups
and types of construction as classified and defined in articles 3
and 4 of the building subcode; except that the fee shall be $0.015
per cubic foot of volume for use groups A-1, A-3, A-4, A-5, F-1, F-2,
S-1 and S-2, and the fee shall be $0.008 per cubic foot for structures
on farms, including commercial farm building under N.J.A.C. 5:23-3.2(d),
with the maximum fee for the structure on farms not to exceed $1,145.
(2)
Fees for renovations, alterations, repairs, and decks or site
construction associated with pre-engineered systems of commercial
farm buildings, pre-manufactured construction, and the external utility
connection for pre-manufactured construction shall be based upon the
estimated cost of the work. The fee shall be in the amount of $24
per $1,000. From $50,001 to and including $100,000, the additional
fee shall be in the amount of $18 per $1,000 of the estimated cost,
above $50,000. Above $100,000, the additional fee shall be in the
amount of $16 per $1,000 of the estimated cost above $100,000. For
the purpose of determining estimated cost, the applicant shall submit
to the building department such cost data as may be available produced
by the architect or engineer of record, or by a recognized estimating
firm, or by the contractor. A bona fide contractor's bid, if
available, shall be submitted. The building department shall make
the final decision regarding estimated cost.
(3)
Fees for additions shall be computed on the basis as for new
construction for the added portion.
(4)
Fees for combination renovations and additions shall be computed
as the sum of the fees computed separately in accordance with items
(2) and (3) above, provided the minimum fee shall be $65.
(5)
The fee for tents, in excess of 900 square feet or more than
30 feet in any dimension, shall be $100. All other cases shall be
$65.
(6)
The fee for roofing/siding work, completed on structures of
Group R shall be $46 each when the estimated cost of the work is not
more than $4,000. The fee for roofing/siding shall be $65 when the
estimated cost is more than $4,000. Commercial buildings shall be
based on construction cost.
(7)
The fee for aboveground swimming pool shall be $100 for a pool
with a surface area greater than 250 square feet; the fee in all other
cases shall be $65. The fee for an inground pool shall be $250 for
a pool with a surface area greater than 500 square feet; the fee in
all other cases shall be $125.
(8)
The fee for chimneys, fireplaces, decorative, wood and gas burning
appliances shall be $65.
(9)
The fee for Radon mitigation shall be $65.
(10)
The fee for structures (sheds, etc) over 100 square feet, up
to 200 square feet shall be $65, structures over 200 square feet shall
be $100.
(11)
Deck fee schedule will be found in Section 9-1.5a,2(a)(2).
(12)
The fees for retaining walls with a surface area greater than
550 square feet that is associated with a class 3 residential structure
shall be $150, surface area less than 550 square feet $75. The fee
for newly constructed retaining walls of any size at other than class
3 residential structures shall be based on the cost of construction.
(13)
The fee for a permit to construct a sign shall be as follows:
[a]
Fees for pylon signs shall be $5 per square foot
for the first 100 square feet; $4 per square foot for the next 400
square feet and $3 per square foot thereafter;
[b]
Fees for ground signs or wall signs shall be $3
per square foot for the first 100 square feet, $2 per square foot
for the next 400 square feet and $1 per square foot thereafter;
[c]
The minimum fee shall be $65.
(14)
The fee for a demolition or removal permit shall be $250 for
a structure of less than 6,000 square feet in area and less than 30
feet in height, for one or two family dwellings (Group R-3 or R-5
of the building subcode), structures on farms, including commercial
farm buildings under N.J.A.C. 5:23-3.2(d), and $500 for all other
use Groups.
(b)
Plumbing Fixtures and Equipment: The fee shall be as follows:
(1)
The fee shall be in the amount of $15 per fixture, piece of
equipment or appliance connected to the plumbing system, and for each
appliance connected to the gas piping or oil piping system.
(2)
The fee shall be $65 per special device for the following: grease
traps, oil separators, refrigeration units, utility service connections,
backflow preventers equipped with test ports (double check valve assembly,
reduced pressure zone and pressure vacuum breaker backflow preventers),
fuel oil piping, gas piping, steam boilers, in- ground/above ground
pool heaters, active solar systems, sewer pumps and interceptors.
(3)
Water heaters shall be $46.
(c)
Electrical fixtures and devices: The fee shall be as follows:
(1)
For the first block consisting of 50 receptacles, switches,
or fixtures rated 15 to 20 amperes, the fee shall be $65; for each
additional block consisting of up to 25 additional receptacles, switches,
or fixtures, the fee shall be $15. For receptacles, switches, or fixtures
rated 30 to 50 amperes, the fee shall be $20 each. Receptacles, switches,
or fixtures rated greater than 50 amperes will have a fee of $55 each.
For purpose of computing this fee, the term receptacles, switches,
or fixtures shall include: lighting outlets, thermostats, telephone
outlets, fluorescent fixtures, burglar devices, intercom devices,
light standards (less than eight feet in height).
(2)
For each motor rated from one hp or less than or equal to 10
hp, the fee shall be $65. For each motor greater than 10 hp or less
than or equal to 50 hp, the fee shall be $65. For each motor rated
greater than 50 hp or less than or equal to 100 hp, the fee shall
be $120. For each motor rated greater than 100 hp, the fee shall be
$475.
(3)
For each electrical device rated less than one kW or less than
or equal to 10 kW, the fee shall be $25. For each electrical device
rated greater than 10 kW or less than or equal to 45 kW, the fee shall
be $60. For each electrical device rated greater than 45 kW or less
than or equal to 112.5 kW, the fee shall be $100. For each electrical
device rated greater than 112.5 kW, the fee shall be $475.
NOTE: Actual nameplate kW rating must be noted on application
to assure no delay in issuance of permit.
Average Field Ratings: Electric Dryer: 5.0 kW; Electric Range:
10.8 kW; Surface Units: 5.1 kW; Hot Water Heater: 4.5 kW; Dish Washer:
1.2 kW; Central Air (per ton): 1.4 kW; Microwave Oven: 1.44 kW.
(4)
For the inspection of service equipment, this includes service
panels, sub panels, and service entrances.
|
Fees shall be:
| |
|---|---|
|
0-100 amps
|
$65
|
|
101-150 amps
|
$75
|
|
151-200 amps
|
$100
|
|
201-1000 amps
|
$475
|
(5)
The fee for electrical work for residential above ground swimming
pools, (as defined by the building subcode,) spas, hot tubs or fountains
shall be a flat fee of $65. For in ground pools, the fee shall be
$120, which shall include any required bonding, and associated equipment
such as filter pumps, motors, disconnecting means, switches, required
receptacles, and heaters, etc., except panel boards and under-water
lighting fixtures. The fee for underwater lights and sound systems
shall be $15 each, and the panel board fee is $65 each. For public
swimming pools, the fee shall be charged on the number of electrical
fixtures involved.
(6)
The fee for annual inspection of swimming pools, spas, or hot
tubs shall be $100.
(7)
The fee charged for the installation of single and multiple
station smoke or heat detectors and fire, burglar or security alarm
systems in any one or two-family dwelling shall be $65 per dwelling
unit. For fire, burglar and security alarm systems and detectors in
buildings other than one or two-family dwellings, the fee shall be
charged in accordance with paragraph a,2(c)(1) and (2) above.
(8)
The fee for a temporary service
pole or a construction service average shall be $100.
(i)
For a typical residential central air unit, fractional
air handler or attic fan or attic lighting and receptacle outlet,
the fee shall be $75.
(9)
For commercial alarm control unit, the fee shall be $25. Any
devices associated with the alarm control unit shall have an additional
fee charged in accordance with paragraph a,2(c)(1).
(10)
The fee for a communication closet, phone and data, shall be
$65. That does not include devices, which shall be charged according
to paragraph a.
(11)
For installations consisting of multi-meter stacks, the fee
shall be based on the ampere rating of the main bus and not upon the
number of meters or rating of disconnects on the meter stack. Individual
load side panel boards shall be charged in accordance with paragraph
a,2(c)(3) above. There shall be no additional fee charged for the
concurrent installation or individual feeder conductors.
(12)
For motors or similar devices requiring concurrent installation
of individual controls, relays and switches, the fee shall be based
only upon the rating of the motor or device. There shall be no additional
fee charged for the concurrent installation or individual circuit
components, for example, controllers, starters, and disconnecting
means.
(13)
For electrical work requiring replacement of service entrance
conductors or feeder conductors only, the fee shall be in accordance
with paragraph a,2(c)(2) through (5) above based on the designated
ampere rating of the over current device of the service or feeder.
(14)
The fee charged for process equipment shall be based on the
ampere rating of the over current device protecting the conductor
feeding the process equipment or the cutoff device.
(15)
For purpose of computing these fees, all electrical and communications
devices, utilization equipment and motors which are part of premises
wiring, except those which are portable plug-in type, shall be counted.
(d)
For fire protection and hazardous equipment, sprinklers, standpipes,
detectors (smoke and heat), pre-engineered suppression systems, gas
and oil fired appliances not connected to the plumbing system, kitchen
exhaust systems, installation, abandonment and/or replacement of gasoline
and/or fuel storage tanks, incinerators and crematoriums the fee shall
be as follows:
(1)
The fee for 20 or fewer heads or detectors shall be $75; for
21 to and including 100 heads or detectors the fee shall be $140;
for 101 to and including 200 heads or detectors the fee shall be $275;
for 201 to and including 400 heads or detectors the fee shall be $650;
for 401 to and including 1,000 heads or detectors the fee shall be
$950; for over 1,000 heads or detectors the fee shall be $1,500.
(2)
The fee for each standpipe shall be $350.
(3)
The fee for each independent pre-engineered system shall be
$100.
(4)
The fee for each gas or oil fired appliance not connected to
a plumbing system shall be $75.
(5)
The fee for each kitchen exhaust system shall be $75.
(6)
The fee for each incinerator shall be $375.
(7)
The fee for each crematorium shall be $375.
(8)
For single and multiple station smoke or heat detectors and
fire alarm systems in any one- or two-family dwellings, the fee shall
be $55 per unit. For detectors and fire alarm systems in buildings
other than one or two family dwellings, the fee shall be in accordance
with paragraph a,2(d)(2) above.
(9)
The fee for tenant fit-up shall be $75.
(10)
For the installation, abandonment and/or replacement of gasoline
and/or fuel oil storage tanks:.
(11)
The minimum fee for Fire Subcode shall be $65.
(e)
Fees for Certificates of Occupancy, variation and reinstatement
of a permit are as follows:
(1)
The fee for a Certificate of Occupancy related to new construction
shall be in the amount of 10% of the total building, plumbing, electrical
and fire permit fees.
(2)
The fee for a Certificate of Approval certifying that work done
under the construction permit has been satisfactorily completed shall
be $10.
(3)
There shall be no fee for the issuance of a temporary certificate,
provided the Certificate of Occupancy is paid at the time.
(4)
Multiple Certificates of Occupancy, as for a (shopping center)
shall be $55 per unit.
(6)
The fee for an application for a variation in accordance with
N.J.A.C. 5:23-2.10 shall be $100 for class I structures and $75 for
class II and class III structures.
(7)
The fee for the reinstatement of a construction permit that
has become invalid in accordance with the regulations shall be $55.
The fee for a Change of Contractor shall be $10 per subcode.
(8)
Fees for development-wide inspection of homes after issuance
of a Certificate of Occupancy shall be in accordance with N.J.A.C.
5:23-4.17(d).
Hourly charges: four times the number of hours spent by the
Code Official in determining whether a violation exists or verifying
that any work performed has abated the violation.
(f)
The fees for elevator device inspections and test shall be as
set forth in N.J.A.C. 5:23-12.
(g)
The fee for a mechanical inspection in a structure of Group
R-3 or R-5 by a mechanical inspector shall be $55.
[1973 Code § 8:1-1; New]
The Construction Official, the Deputy Zoning Officer, and the
Executive Officer of the Board of Health of the Township (being the
Health Officer or the Sanitary Inspector, as the case may be), are
each hereby designated a Public Officer of the Township, and each
such public officer shall have all the powers of the public officer
and may act individually and separately to exercise such powers in
accordance with this section and the code adopted hereby. Whenever
the term "public officer" is used in this section, or the code adopted
hereby, it shall mean any one of the foregoing named officers. The
Public Officer of the Township is hereby designated as the officer
to exercise the powers prescribed by this section, and he shall serve
in such capacity without any additional salary.
[1973 Code § 8:1-2]
For the purpose of this section, the public officer may determine
that a dwelling is unfit for human habitation if he finds that conditions
exist in such dwelling which are dangerous or injurious to the health
or safety of the occupants of such dwelling, the occupants of neighboring
dwellings or other residents of the Township. Such conditions may
include the following (without limiting the generality of the foregoing):
defects therein increasing the hazards of fire, accident, or other
calamities; lack of adequate ventilation, light, or sanitary facilities;
dilapidation; disrepair, structural defects or uncleanliness.
[1973 Code § 8:1-3) (N.J.A.C. 5:28-1.1 et seq.]
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A.
40:49-5.1) the New Jersey State Housing Code as approved by the Departments
of Health and Conservation and Economic Development and filed in the
Secretary of State's Office is hereby accepted, adopted and established
as a standard to be used as a guide in determining the fitness of
a building for human habitation or occupancy or use. A copy of the
New Jersey State Housing Code is annexed to this section and three
copies of the same have been placed on file in the office of the Township
Clerk and are available to all persons desiring to use and examine
it.
[1973 Code § 8:1-4]
Whenever a petition is filed with a public officer by a public
authority as defined in N.J.S.A. 40:48-2.4, or by at least five residents
of the Township charging that any dwelling is unfit for human habitation
as herein defined, or whenever it appears to the public officer (on
his own motion) that any dwelling is unfit for human habitation, as
herein defined, he shall, if his preliminary investigation disclosed
a basis for such charges, issue and cause to be served upon the owner
of and parties in interest in such dwelling a complaint stating the
charges in that respect and containing a notice that a hearing will
be held before the public officer (or his designated agent) at a place
therein fixed not less than 10 days nor more than 30 days after the
serving of the complaint; that the owner and parties in interest shall
be given the right to file an answer to the complaint and to appear
in person, or otherwise, and give testimony at the time and place
fixed in the complaints; and the rules of evidence prevailing in courts
of law or equity shall not be controlling in hearings before the public
officer.
[1973 Code § 8:1-5]
If, after such notice and hearing, the public officer determines
that the dwelling under consideration is unfit for human habitation,
as herein defined, he shall state in writing his findings of fact
upon the owner thereof and parties in interest an order requiring:
a.
The repair, alteration or improvement of the building to be made
by the owner, within a reasonable time, which time shall be set forth
in the order or at the option of the owner, to vacate or have the
building vacated and closed with the time set forth in the order;
and
b.
If the building is in such a condition as to make it dangerous to
the health and safety of persons on or near the premises and the owner
fails to repair, alter or improve the building within the time specified
in the order, that the owner remove or demolish the building within
a reasonable time as specified in the order of removal.
c.
That, if the owner fails to comply with an order to repair, alter
or improve or, at the option of the owner, to vacate and close the
building, the public officer may cause such building to be repaired,
altered, or improved, or to be vacated and closed; that the public
officer may cause to be posted on the main entrance of any building
so closed, a placard with the following words:
"This building is unfit for human habitation or occupancy or
use; the use or occupation of this building is prohibited and unlawful."
d.
That if the owner fails to comply with an order to remove or demolish
the building, the public officer may cause such building to be removed
or demolished or may contract for the removal or demolition thereof
after advertisement for, and receipt of, bids therefor.
e.
That the amount of:
1.
The cost of filing of legal papers, expert witnesses' fees,
search fees and advertising charges incurred in the course of any
proceeding taken under this section determined in favor of the Municipality;
and
2.
Such costs of such repairs, alterations or improvements, or vacating
and closing, or removal or demolition, if any, or the amount of the
balance thereof remaining after deduction of the sum, if any, realized
from the sale of materials derived from such building or from any
contract for removal or demolition thereof, shall be a municipal lien
against the real property upon which such cost was incurred. If the
building is removed or demolished by the public officer, he shall
sell the materials of such building. There shall be credited against
the cost of the removal or demolition thereof, the proceeds of any
sale of such materials or any sum derived from any contract for the
removal or demolition of the building. If there are no such credits
or if the sum total of such costs exceeds the total of such credits,
a detailed statement of the aforesaid costs and the amount so due
shall be filed with the Township Tax Collector or other custodian
of the records of tax liens and a copy thereof shall be forthwith
forwarded to the owner by registered mail. If the total of the credits
exceeds such costs, the balance remaining shall be deposited in the
Superior Court by the public officer, shall be secured in such manner
as may be directed by such Court and shall be disbursed according
to the order or judgment of the court to the persons found to be entitled
thereto by final order or judgment of such court; provided, however,
that nothing in this subsection shall be construed to impair or limit
in any way the power of the Municipality to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or
otherwise. Any owner or party in interest may, within 60 days from
the date of the filing of the lien certificate, proceed in a summary
manner in the Superior Court to contest the reasonableness of the
amount of the accuracy of the costs set forth in the municipal lien
certificate.
[1973 Code § 8:1-6]
Complaints or orders issued by the public officer pursuant to
this section shall be served upon persons either personally or by
registered mail, but if the whereabouts of such persons is unknown
and the same cannot be ascertained by the public officer in the exercise
of reasonable diligence, and the public officer shall make an affidavit
to that effect, then the serving of such complaint or order upon such
persons may be made by publishing the same once each week for two
consecutive weeks in a newspaper printed and published in the County
of Somerset designated as the official newspaper of the Township for
the publication of official notices of the Township. A copy of such
complaint or order shall be posted in a conspicuous place on the premises
affected by the complaint or order, and a copy of such complaint or
order shall be duly recorded or lodged for record with the County
Recording Officer of the County.
[1973 Code § 8:1-7]
The public officer is hereby authorized and empowered to exercise
such powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this section, including the following
in addition to others herein granted:
a.
To investigate the dwelling conditions in the Township in order to
determine which dwellings therein are unfit for human habitation;
b.
To administer oaths, affirmations, examine witnesses and receive
evidence;
c.
To enter upon premises for the purpose of making examination, provided,
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession;
d.
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this section; and
e.
To delegate any of his functions and powers under this section to
such officers and agents as he may designate.
[1973 Code § 8:1-8]
No person shall occupy as owner occupant or rent to another
for occupancy any dwelling or dwelling unit for the purpose of living
therein which does not conform to the provisions of the New Jersey
State Housing Code established hereby as the standard to be used in
determining whether a dwelling is safe, sanitary and fit for human
habitation.
[1973 Code § 8:1-9]
The New Jersey State Housing Code adopted hereby is hereby amended
in the following respects:
a.
Section 4.2 is amended to read as follows:
"4.2 Each lodging unit shall be provided with a minimum of one
flush type water closet, lavatory and a bathtub or shower."
b.
Section 10.5 is hereby deleted.
c.
Section 10.2 is amended to read as follows:
"10.2 Every inside and outside stairway, every porch, and every
appurtenance thereto shall be so constructed as to be safe to use
and capable of supporting the load that normal use may cause to be
placed thereon, and shall be kept in sound condition and good repair.
Every stairway 36 inches high or over shall be properly banistered
and safely balustraded."
d.
Section 11.1 is amended to read as follows:
"11.1 Every dwelling unit shall contain at least 200 square
feet of floor space for the first occupant thereof and at least 150
additional square feet of floor space for every additional occupant
thereof, the floor space to be calculated on the basis of total habitable
room area."
e.
Section 12.10 is amended to read as follows:
"12.10 Every occupant of a dwelling unit in a dwelling containing
no more than three dwelling units shall be responsible, unless provided
for otherwise under a lease agreement, for the periodic removal of
all garbage and rubbish from the premises each week."
If any addition, deletion or change made in this subsection
shall be deemed or declared to be invalid, or if the making of any
changes in the "New Jersey State Housing Code" hereby adopted shall
be deemed or declared to be invalid, then and in that event it is
hereby declared to be the intent of this section that the original
provisions of the "New Jersey State Housing Code" shall control and
be in effect.
[1973 Code § 8:1-10]
Each violation of any of the provisions of this section and
the code adopted hereby, and each day the same is violated, shall
be deemed and taken to be a separate and distinct offense.
[1973 Code § 8:1-11]
a.
Nothing in this section shall be construed to abrogate or impair
the power of the Township or any officer or department to enforce
any provisions of its charter, or its ordinances or regulations, nor
to prevent or punish violations thereof, and the powers conferred
by this section shall be in addition and supplemental to the powers
conferred upon the Township by any other law or ordinance.
b.
The standards set forth in this section, and the code adopted hereby,
are minimum standards for the protection of health, safety and welfare,
and where other statutes, laws, ordinances or regulations are more
restrictive or impose greater standards, they shall control. Without
limiting the generality of the foregoing, nothing herein shall be
deemed to change or repeal any provisions of the Zoning Ordinance
of the Township, and the mention of any uses in this section, or the
Code adopted hereby, and the setting of standards for minimum floor
area, shall not be deemed to permit any use not permitted in the Zoning
Ordinance, nor to lower the minimum floor area required by the Zoning
Ordinance.
[Added 7-10-2018 by Ord.
No. 2018-852]
a.
The purpose of this section is to provide for and regulate affordable
housing in the Township. This section is intended to assure that low-
and moderate-income units ("affordable units") are created with controls
on affordability over time and that low- and moderate-income individuals
and households shall occupy these units.
b.
The Township of Green Brook Planning Board has adopted a Housing
Element and Fair Share Plan pursuant to the Municipal Land Use Law
at N.J.S.A. 40:55D-1, et seq. The Housing Element and Fair Share Plan
has been endorsed by the Township Committee. The Fair Share Plan describes
the ways the Township of Green Brook shall address its fair share
for low- and moderate-income housing as determined by the New Jersey
Superior Court and documented in the Housing Element.
c.
This Ordinance implements and incorporates the Housing Element and
Fair Share Plan and addresses the requirements of N.J.A.C. 5:97, as
it may be amended and supplemented.
[Added 7-10-2018 by Ord.
No. 2018-852]
a.
On the first anniversary of the entry of the Order granting Green
Brook a Final Judgment of Compliance and Repose in IMO Application
of the Township of Green Brook, Docket No.: SOM-L-903-15 and every
anniversary thereafter through the end of 2025, the Township shall
provide annual reporting of its Affordable Housing Trust Fund activity
to the New Jersey Department of Community Affairs, or other entity
designated by the State of New Jersey, with a copy provided to Fair
Share Housing Center and posted on the municipal website, using forms
developed for this purpose by the New Jersey Department of Community
Affairs. The reporting shall include an accounting of all Affordable
Housing Trust Fund activity, including the source and amount of funds
collected and the amount and purpose for which any funds have been
expended. Such forms shall be provided to the Township prior to the
compliance hearing.
b.
On the first anniversary of the entry of the Order granting Green
Brook a Final Judgment of Compliance and Repose in IMO Application
of the Township of Green Brook, Docket No.: SOM-L-903-15 and every
anniversary thereafter through the end of 2025, the Township shall
provide annual reporting of the status of all affordable housing activity
within the municipality through posting on the municipal website,
with copies 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 Court-appointed Special Master and
Fair Share Housing Center. Such forms shall be provided to the Township
prior to the compliance hearing.
c.
For the midpoint realistic opportunity review, due on July 1, 2020,
as required pursuant to N.J.S.A. 52:27D-313, the Township shall post
on its municipal website, with copies 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 any mechanisms to meet
unmet need should be revised or supplemented. Such posting shall invite
any interested party to submit comments to the municipality, with
copies provided to Fair Share Housing Center, regarding whether any
sites no longer present a realistic opportunity and should be replaced
and whether any mechanisms to meet unmet need should be revised or
supplemented.
d.
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 Order granting Green Brook a Final Judgment of Compliance
and Repose in IMO Application of the Township of Green Brook, Docket
No.: SOM-L-903-15, and every third year thereafter, the Township will
post on its municipal website, with copies 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
in the Settlement Agreement. Such posting shall invite any interested
party to submit comments to the municipality, with copies provided
to Fair Share Housing Center, on the issue of whether the municipality
has complied with its very-low-income housing obligation under the
terms of the Settlement Agreement.
[Added 7-10-2018 by Ord.
No. 2018-852]
The following terms when used in this section shall have the
meanings given in this section:
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.).
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
The entity designated by the Township to administer affordable
units in accordance with this section, N.J.A.C. 5:93, and UHAC (N.J.A.C.
5:80-26).
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which new restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
A sales price or rent level that is within the means of a
low- or moderate-income household as defined within N.J.A.C. 5:93-7.4,
and, in the case of an ownership unit, that the sales price for the
unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as
may be amended and supplemented, and, in the case of a rental unit,
that the rent for the unit conforms to the standards set forth in
N.J.A.C. 5:80-26.12, as may be amended and supplemented.
A development included in or approved pursuant to the Housing
Element and Fair Share Plan or otherwise intended to address the Township's
fair share obligation, and includes, but is not limited to, an inclusionary
development, a municipal construction project or a 100% affordable
housing development.
Any mechanism in a municipal Fair Share Plan prepared or
implemented to address a municipality's fair share obligation.
A housing unit proposed or created pursuant to the Act and
approved for crediting by the Court and/or funded through an affordable
housing trust fund.
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age- restricted segment of the population
such that:
All the residents of the development wherein the unit is situated
are 62 years of age or older; or
At least 80% of the units are occupied by one person who is
55 years of age or older; or
The development has been designated by the Secretary of the
U.S. Department of Housing and Urban Development as "housing for older
persons" as defined in Section 807(b)(2) of the Fair Housing Act,
42 U.S.C. § 3607.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).
A structure in which households live in distinct bedrooms,
yet share kitchen and plumbing facilities, central heat and common
areas. Alternative living arrangements include, but are not limited
to: transitional facilities for the homeless; Class A, B, C, D and
E boarding homes as regulated by the State of New Jersey Department
of Community Affairs; residential health care facilities as regulated
by the New Jersey Department of Health; group homes for the developmentally
disabled and mentally ill as licensed and/or regulated by the New
Jersey Department of Human Services; and congregate living arrangements.
A facility that is licensed by the New Jersey Department
of Health and Senior Services to provide apartment-style housing and
congregate dining and to assure that assisted living services are
available when needed for four or more adult persons unrelated to
the proprietor and that offers units containing, at a minimum, one
unfurnished room, a private bathroom, a kitchenette and a lockable
door on the unit entrance.
A household that has been certified by an Administrative
Agent as a low-income household or moderate-income household.
The Council on Affordable Housing, as established by the
New Jersey Fair Housing Act (N.J.S.A. 52:27D-301, et seq.), or any
successor agency charged with the administration of the Act.
The Superior Court of New Jersey, Law Division, Somerset
County.
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that
requires the repair or replacement of a major system. A major system
includes weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint
abatement and/or load bearing structural systems.
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
included in a proposed development including the holder of an option
to contract to purchase, or other person having an enforceable proprietary
interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1, et seq.
A development containing both affordable units and market
rate units. This term includes, but is not limited to: new construction,
the conversion of a non-residential structure to residential use and
the creation of new affordable units through the gut rehabilitation
or reconstruction of a vacant residential structure.
A household with a total gross annual household income equal
to 50% or less of the regional median household income by household
size.
A restricted unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building which
include but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement and load bearing structural
systems.
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
The median income by household size for the applicable housing
region, as adopted annually by COAH or a successor entity approved
by the Court.
A household with a total gross annual household income in
excess of 50% but less than 80% of the regional median household income
by household size.
A restricted unit that is affordable to a moderate-income
household.
A structure containing five or more dwelling units.
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a class
A beneficiary and the transfer of ownership by court order.
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by duly adopted Regional Income Limits published annually
by COAH or a successor entity.
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted living residences, rent does
not include charges for food and services.
A dwelling unit, whether a rental unit or an ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as amended and supplemented, but does not include a market-rate unit
financed under UHORP or MONI.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26, et seq.
A household with a total gross annual household income equal
to 30% or less of the regional median household income by household
size.
A restricted unit that is affordable to a very-low-income
household.
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for purposes of a rehabilitation
program.
[Added 7-10-2018 by Ord.
No. 2018-852]
a.
The provisions of this section shall apply to all affordable housing
developments and affordable housing units that currently exist and
that are proposed to be created within the Township of Green Brook
pursuant to the Township's most recently adopted Housing Element
and Fair Share Plan.
b.
Moreover, this section shall apply to all developments that contain
low- and moderate-income housing units, including any currently anticipated
future developments that will provide low- and moderate-income housing
units.
[Added 7-10-2018 by Ord.
No. 2018-852]
a.
Green Brook's Rehabilitation Program shall be designed to renovate
deficient housing units occupied by low- and moderate-income households
such that, after rehabilitation, these units will comply with the
New Jersey State Housing Code pursuant to N.J.A.C. 5:28.
b.
Both owner-occupied and renter-occupied units shall be eligible for
rehabilitation funds.
c.
All rehabilitated units shall remain affordable to low- and moderate-income
households for a period of 10 years (the control period). For owner-occupied
units the control period will be enforced with a lien and for renter-occupied
units the control period will be enforced with a deed restriction.
d.
The Township of Green Brook shall dedicate a minimum of $10,000 for
each unit to be rehabilitated through this program.
e.
The Township of Green Brook shall adopt a resolution committing to
fund any shortfall in the rehabilitation program.
f.
The Township of Green shall designate, subject to the approval of
the Court, one or more Administrative Agents to administer the rehabilitation
program in accordance with N.J.A.C. 5:96 and N.J.A.C. 5:97. The Administrative
Agent(s) shall provide a rehabilitation manual for the owner occupancy
rehabilitation program and a rehabilitation manual for the rental
occupancy rehabilitation program to be adopted by resolution of the
governing body and subject to approval of the Court. Both rehabilitation
manuals shall be available for public inspection in the Office of
the Municipal Clerk and in the office(s) of the Administrative Agent(s).
g.
Units in a rehabilitation program shall be exempt from N.J.A.C. 5:97-9
and Uniform Housing Affordability Controls (UHAC), but shall be administered
in accordance with the following:
1.
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. 5:97-9 and UHAC.
2.
If a unit is renter-occupied, upon completion of the rehabilitation,
the maximum rate of rent shall be the lesser of the current rent or
the maximum permitted rent pursuant to N.J.A.C. 5:97-9 and UHAC.
3.
Rents in rehabilitated units may increase annually based on the standards
in N.J.A.C. 5:97-9.
4.
Applicant and/or tenant households shall be certified as income-eligible
in accordance with N.J.A.C. 5:97-9 and UHAC, except that households
in owner occupied units shall be exempt from the regional asset limit.
[Added 7-10-2018 by Ord.
No. 2018-852]
a.
The administration of an alternative living arrangement shall be
in compliance with N.J.A.C. 5:93-5.8 and UHAC, with the following
exceptions:
b.
With the exception of units established with capital funding through
a twenty-year operating contract with the Department of Human Services,
Division of Developmental Disabilities, alternative living arrangements
shall have at least thirty-year controls on affordability in accordance
with UHAC, unless an alternative commitment is approved by the Court.
1.
The service provider for the alternative living arrangement shall
act as the Administrative Agent for the purposes of administering
the affirmative marketing and affordability requirements for the alternative
living arrangement.
[Added 7-10-2018 by Ord.
No. 2018-852]
a.
To implement the fair share plan in a manner consistent with the
terms of the November 22, 2017 Settlement Agreement, ensure the efficient
use of land through compact forms of development and to create realistic
opportunities for the construction of affordable housing, inclusionary
zoning shall be permitted on the following properties consistent with
the provisions of the Township of Green Brook's Housing Plan
Element and Fair Share Plan, and the terms of the settlement agreement:
1.
The Sage site, known as Block 158, Lots 11, 12, 29, 30 and 31, shall
be rezoned to permit multi-family inclusionary housing at a maximum
density of 11.5 units per acre with a 25% set-aside.
2.
The Paolella site, known as Block 103, Lots 2, 3 and 4, shall be
rezoned to permit multi-family inclusionary housing at a density of
six units per acre for for-sale housing with a 20% set-aside or rental
housing at 12 units per acre with a 20% set-aside.
3.
At least half of all affordable units shall be affordable to low-income
households, and the remainder may be affordable to moderate-income
households. Within rental developments, at least 13% of the affordable
units shall be affordable to very-low-income households, with the
very-low-income units counted as part of the low-income requirement.
[Added 7-10-2018 by Ord.
No. 2018-852]
a.
In inclusionary developments the following schedule shall be followed:
|
Maximum Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
|---|---|
|
25%
|
0%
|
|
25%+1
|
10%
|
|
50%
|
50%
|
|
75%
|
75%
|
|
90%
|
100%
|
[Added 7-10-2018 by Ord.
No. 2018-852]
a.
Inclusionary developments that result in an affordable housing obligation
fraction of 0.5 or greater shall round up and provide the additional
affordable unit. Developments that result in an affordable housing
obligation fraction of 0.4 or less shall pay a payment-in-lieu for
the fraction or round up and provide the additional affordable unit.
b.
The payment-in-lieu for Green Brook shall be $175,000 for 2018. The
payment-in-lieu shall increase by 3% each year. To calculate the payment-in-lieu
the developer shall multiply the fraction by the payment. For example,
a fraction of 0.4 triggered in 2018 would require a payment of $70,000.
[Added 7-10-2018 by Ord.
No. 2018-852]
a.
Low/Moderate Split and Bedroom Distribution of Affordable Housing
Units.
1.
The fair share obligation shall be divided equally between low- and
moderate-income units, except that where there is an odd number of
affordable housing units, the extra unit shall be a low-income unit.
At least 13% of all restricted rental units shall be very-low-income
units (affordable to a household earning 30% or less of median income).
The very-low-income units shall be counted as part of the required
number of low-income units within the development.
2.
At least 25% of the obligation shall be met through rental units,
including at least half in rental units available to families.
3.
A maximum of 25% of the Township's obligation may be met with
age restricted units. At least half of all affordable units in the
Township's Plan shall be non-restricted.
4.
In each affordable development, at least 50% of the restricted units
within each bedroom distribution shall be low-income units.
5.
Affordable developments that are not age-restricted shall be structured
in conjunction with realistic market demands such that:
(a)
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total low- and moderate-income units;
(b)
At least 30% of all low- and moderate-income units shall be
two-bedroom units;
(c)
At least 20% of all low- and moderate-income units shall be
three-bedroom units; and
(d)
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
6.
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
low- and moderate-income units within the inclusionary development.
This standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
b.
Accessibility Requirements.
1.
The first floor of all restricted townhouse dwelling units and all
restricted units in all other multi-story 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 multi-story 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;
and
(b)
An adaptable kitchen on the first floor; and
(c)
An interior accessible route of travel on the first floor; and
(d)
An adaptable room that can be used as a bedroom, with a door
or casing for the installation of a door, on the first floor; and
(e)
If not all of the foregoing requirements in paragraphs 2(a)
through 2(d) can be satisfied, then an interior accessible route of
travel must be provided between stories within an individual unit,
but if all of the terms of paragraphs 2(a) through 2(d) above have
been satisfied, then an interior accessible route of travel shall
not be required between stories within an individual unit; and
(f)
An accessible entranceway as set forth at P.L. 2005, c. 350
(N.J.S.A. 52:27D-311a, et seq.) and the Barrier Free SubCode, N.J.A.C.
5:23-7, or evidence that Green Brook 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 person with disabilities 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 of Green Brook'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 paragraph (f)(2) above shall be used
by the Township of Green Brook for the sole purpose of making the
adaptable entrance of an affordable unit accessible when requested
to do so by a person with a disability who occupies or intends to
occupy the unit and requires an accessible entrance.
(4)
The developer of the restricted units shall submit a design
plan and cost estimate to the Construction Official of the Township
of Green Brook for the conversion of adaptable to accessible entrances.
(5)
Once the Construction Official has determined that the design
plan to convert the unit entrances from adaptable to accessible meet
the requirements of the Barrier Free SubCode, N.J.A.C. 5:23-7, and
that the cost estimate of such conversion is reasonable, payment shall
be made to the Township's Affordable Housing Trust Fund in care
of the Township Chief Financial Officer who shall ensure that the
funds are deposited into the Affordable Housing Trust Fund and appropriately
earmarked.
(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.
d.
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 COAH or
a successor entity.
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 rental 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, provided that at least 13% of all low-
and moderate-income rental units shall be affordable to very-low-income
households, earning 30% or less of the regional median household income,
with such very-low-income units counted the low-income housing requirement.
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 sales prices
for each bedroom type, and low-income ownership units must be available
for at least two different sales prices for each bedroom type.
5.
In determining the initial sales prices and rent levels for compliance
with the affordability average requirements for restricted units other
than assisted living facilities and age-restricted developments, the
following standards shall be used:
(a)
A studio shall be affordable to a one-person household;
(b)
A one-bedroom unit shall be affordable to a one-and-one-half-person
household;
(c)
A two-bedroom unit shall be affordable to a three-person household;
(d)
A three-bedroom unit shall be affordable to a four-and-one-half-person
household; and
(e)
A four-bedroom unit shall be affordable to a six-person household.
6.
In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units in
assisted living facilities and age-restricted developments, the following
standards shall be used:
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
size household, including an allowance for tenant paid utilities,
as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented;
provided, however, that the rent shall be subject to the affordability
average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
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 permitted percentage increase in the Housing Consumer
Price Index for the United States. This increase shall not exceed
9% in any one year. Rents for units constructed pursuant to low-income
housing tax credit regulations shall be indexed pursuant to the regulations
governing low-income housing tax credits.
[Added 7-10-2018 by Ord.
No. 2018-852]
a.
Affordable units shall utilize the same type of heating source as
market units within an inclusionary development.
b.
Tenant-paid utilities included in the utility allowance shall be
set forth in the lease and shall be consistent with the utility allowance
approved by HUD for its Section 8 program.
[Added 7-10-2018 by Ord.
No. 2018-852]
a.
In referring certified households to specific restricted units, the
Administrative Agent shall, to the extent feasible and without causing
an undue delay in the occupancy of a unit, strive to:
[Added 7-10-2018 by Ord.
No. 2018-852]
a.
Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each
restricted ownership unit shall remain subject to the requirements
of this section for a period of at least 30 years, until Green Brook
takes action to release the unit from such requirements; prior to
such action, a restricted ownership unit shall remain subject to the
requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented.
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 non-restricted,
fair market value of the unit based on either an appraisal or the
unit's equalized assessed value without the restrictions in place.
d.
At the time of the initial sale of the unit, the initial purchaser
shall execute and deliver to the Administrative Agent a recapture
note obligating the purchaser (as well as the purchaser's heirs,
successors and assigns) to repay, upon the first non-exempt sale after
the unit's release from the restrictions set forth in this section,
an amount equal to the difference between the unit's non-restricted
fair market value and its restricted price, and the recapture note
shall be secured by a recapture lien evidenced by a duly recorded
mortgage on the unit.
e.
The affordability controls set forth in this section shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
f.
A restricted ownership unit shall be required to obtain a Continuing
Certificate of Occupancy or a certified statement from the Construction
Official stating that the unit meets all Code standards upon the first
transfer of title following the removal of the restrictions provided
under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
[Added 7-10-2018 by Ord.
No. 2018-852]
a.
Price restrictions for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:
1.
The initial purchase price for a restricted ownership unit shall
be approved by the Administrative Agent.
2.
The Administrative Agent shall approve all resale prices, in writing
and in advance of the resale, to assure compliance with the foregoing
standards.
3.
The master deeds of inclusionary developments shall provide no distinction
between the condominium or homeowner association fees and special
assessments paid by low- and moderate-income purchasers and those
paid by market purchasers.
4.
The owners of restricted ownership units may apply to the Administrative
Agent to increase the maximum sales price for the unit on the basis
of anticipated capital improvements. Eligible capital improvements
shall be those that render the unit suitable for a larger household
or the addition of a bathroom. See § 9-3.17.
[Added 7-10-2018 by Ord.
No. 2018-852]
a.
Buyer income eligibility for restricted ownership units shall be
in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to 50% of median-income
and moderate-income ownership units shall be reserved for households
with a gross household income less than 80% of median income.
b.
Notwithstanding the foregoing, however, the Administrative Agent
may, upon approval by the Township Committee, and subject to the Court's
approval, permit moderate-income purchasers to buy low-income units
in housing markets if the Administrative Agent determines that there
are an insufficient number of eligible low-income purchasers to permit
prompt occupancy of the units. All such low-income units to be sold
to moderate-income households shall retain the required pricing and
pricing restrictions for low-income units.
c.
A certified household that purchases a restricted ownership unit
must occupy it as the certified household's principal residence
and shall not lease the unit; provided, however, that the Administrative
Agent may permit the owner of a restricted ownership unit, upon application
and a showing of hardship, to lease the restricted unit to another
certified household for a period not to exceed one year.
d.
The Administrative Agent shall certify a household as eligible for
a restricted ownership unit when the household is a low-income household
or a moderate-income household, as applicable to the unit, and the
estimated monthly housing cost for the particular unit (including
principal, interest, taxes, homeowner and private mortgage insurance
and condominium or homeowner association fees, as applicable) does
not exceed 33% of the household's eligible monthly income.
[Added 7-10-2018 by Ord.
No. 2018-852]
a.
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the owner shall apply to the Administrative Agent
for a determination in writing that the proposed indebtedness complies
with the provisions of this section, and the Administrative Agent
shall issue such determination prior to the owner incurring such indebtedness.
b.
With the exception of First Purchase Money Mortgages, neither an
owner nor a lender shall at any time cause or permit the total indebtedness
secured by a restricted ownership unit to exceed 95% of the maximum
allowable resale price of the unit, as such price is determined by
the Administrative Agent in accordance with N.J.A.C. 5:80-26.6(b).
[Added 7-10-2018 by Ord.
No. 2018-852]
a.
The owners of restricted ownership units may apply to the Administrative
Agent to increase the maximum sales price for the unit on the basis
of capital improvements made since the purchase of the unit. Eligible
capital improvements shall be those that render the unit suitable
for a larger household or that adds an additional bathroom. In no
event shall the maximum sales price of an improved housing unit exceed
the limits of affordability for the larger household.
b.
Upon the resale of a restricted ownership unit, all items of property
that are permanently affixed to the unit or were included when the
unit was initially restricted (for example, refrigerator, range, washer,
dryer, dishwasher, wall-to-wall carpeting) shall be included in the
maximum allowable resale price. Other items may be sold to the purchaser
at a reasonable price that has been approved by the Administrative
Agent at the time of the signing of the agreement to purchase. The
purchase of central air conditioning installed subsequent to the initial
sale of the unit and not included in the base price may be made a
condition of the unit resale provided the price, which shall be subject
to ten-year, straight-line depreciation, has been approved by the
Administrative Agent. Unless otherwise approved by the Administrative
Agent, the purchase of any property other than central air conditioning
shall not be made a condition of the unit resale. The owner and the
purchaser must personally certify at the time of closing that no unapproved
transfer of funds for the purpose of selling and receiving property
has taken place at the time of or as a condition of resale.
[Added 7-10-2018 by Ord.
No. 2018-852]
a.
Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and
each restricted rental unit shall remain subject to the requirements
of this section for a period of at least 30 years, until Green Brook
takes action to release the unit from such requirements. Prior to
such action, a restricted rental unit shall remain subject to the
requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented.
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 Somerset. The deed shall also identify each affordable
unit by apartment number and/or address and whether that unit is designated
as a very-low-, low- or moderate-income unit. Neither the unit nor
its affordability designation shall change throughout the term of
the deed restriction. A copy of the filed document shall be provided
to the Administrative Agent within 30 days of the receipt of a Certificate
of Occupancy.
c.
A restricted rental unit shall remain subject to the affordability
controls of this section despite the occurrence of any of the following
events:
[Added 7-10-2018 by Ord.
No. 2018-852]
a.
A written lease shall be required for all restricted rental units
and tenants shall be responsible for security deposits and the full
amount of the rent as stated on the lease. A copy of the current lease
for each restricted rental unit shall be provided to the Administrative
Agent.
b.
No additional fees or charges shall be added to the approved rent
(except, in the case of units in an assisted living residence, to
cover the customary charges for food and services) without the express
written approval of the Administrative Agent.
c.
Application fees (including the charge for any credit check) shall
not exceed 5% of the monthly rent of the applicable restricted unit
and shall be payable to the Administrative Agent to be applied to
the costs of administering the controls applicable to the unit as
set forth in this section.
d.
No rent control ordinance or other pricing restriction shall be applicable
to either the market units or the affordable units in any development
in which at least 15% of the total number of dwelling units are restricted
rental units in compliance with this section.
[Added 7-10-2018 by Ord.
No. 2018-852]
a.
Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13,
as may be amended and supplemented, and shall be determined as follows:
1.
Very-low-income rental units shall be reserved for households with
a gross household income less than or equal to 30% of median income.
2.
Low-income rental units shall be reserved for households with a gross
household income less than or equal to 50% of median income.
3.
Moderate-income rental units shall be reserved for households with
a gross household income less than 80% of median income.
b.
The Administrative Agent shall certify a household as eligible for
a restricted rental unit when the household is a very-low-income household,
low-income household or a moderate-income household, as applicable
to the unit, and the rent proposed for the unit does not exceed 35%
(40% for age-restricted units) of the household's eligible monthly
income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended
and supplemented; provided, however, that this limit may be exceeded
if one or more of the following circumstances exists:
1.
The household currently pays more than 35% (40% for households eligible
for age-restricted units) of its gross household income for rent,
and the proposed rent will reduce its housing costs;
2.
The household has consistently paid more than 35% (40% for households
eligible for age-restricted units) of eligible monthly income for
rent in the past and has proven its ability to pay;
3.
The household is currently in substandard or overcrowded living conditions;
4.
The household documents the existence of assets with which the household
proposes to supplement the rent payments; or
5.
The household documents reliable anticipated third-party assistance
from an outside source such as a family member in a form acceptable
to the Administrative Agent and the owner of the unit.
c.
The applicant shall file documentation sufficient to establish the
existence of the circumstances in paragraphs a1 through b5 above with
the Administrative Agent, who shall counsel the household on budgeting.
[Added 7-10-2018 by Ord.
No. 2018-852]
a.
The Township of Green Brook shall appoint a specific municipal employee
to serve as a Municipal Housing Liaison responsible for administering
the affordable housing program, including affordability controls,
the Affirmative Marketing Plan, monitoring and reporting, and, where
applicable, supervising any contracted Administrative Agent. The Municipal
Housing Liaison shall be appointed by the governing body and may be
a full or part time municipal employee.
b.
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for Green Brook,
including the following responsibilities which may not be contracted
out to the Administrative Agent:
1.
Serving as Green Brook's primary point of contact for all inquiries
from the State, affordable housing providers, Administrative Agents
and interested households;
2.
Monitoring the status of all restricted units in Green Brook's
Fair Share Plan;
3.
Compiling, verifying and submitting annual monitoring reports as
may be required by the Court;
4.
Coordinating meetings with affordable housing providers and Administrative
Agents, as needed; and
5.
Attending continuing education opportunities on affordability controls,
compliance monitoring and affirmative marketing at least annually
and more often as needed.
c.
Subject to the approval of the Court, the Township of Green Brook
shall designate one or more Administrative Agent(s) to administer
newly constructed affordable units in accordance with UHAC. An Operating
Manual for each affordable housing program shall be provided by the
Administrative Agent(s) to be adopted by resolution of the governing
body and subject to approval of the Court. The Operating Manual(s)
shall be available for public inspection in the office of the Township
Clerk, in the office of the Municipal Housing Liaison, and in the
office(s) of the Administrative Agent(s). The Municipal Housing Liaison
shall supervise the contracting Administrative Agent(s).
[Added 7-10-2018 by Ord.
No. 2018-852]
a.
The Administrative Agent shall be an independent entity serving under
contract to and reporting to the municipality. For new sale and rental
developments, all of the fees of the Administrative Agent shall be
paid by the owners of the affordable units for which the services
of the Administrative Agent are required. For resales, single family
homeowners and condominium homeowners shall be required to pay 3%
of the sales price for services provided by the Administrative Agent
related to the resale of their homes. That fee shall be collected
at closing and paid directly to the Administrative Agent. The Administrative
Agent shall perform the duties and responsibilities of an Administrative
Agent as set forth in UHAC, including those set forth in Sections
5:80-26.14, 16 and 18 thereof, which include:
1.
Conducting an outreach process to affirmatively market affordable
housing units in accordance with the Affirmative Marketing Plan of
the Township of Green Brook and the provisions of N.J.A.C. 5:80-26.15;
and
2.
Providing counseling or contracting to provide counseling services
to low- and moderate-income applicants on subjects such as budgeting,
credit issues, mortgage qualification, rental lease requirements,
and landlord/tenant law.
b.
Household Certification:
1.
Soliciting, scheduling, conducting and following up on interviews
with interested households;
2.
Conducting interviews and obtaining sufficient documentation of gross
income and assets upon which to base a determination of income eligibility
for a low- or moderate-income unit;
3.
Providing written notification to each applicant as to the determination
of eligibility or non-eligibility;
4.
Requiring that all certified applicants for restricted units execute
a certificate substantially in the form, as applicable, of either
the ownership or rental certificates set forth in Appendices J and
K of N.J.A.C. 5:80-26.1 et seq.;
5.
Creating and maintaining a referral list of eligible applicant households
living in the housing region and eligible applicant households with
members working in the housing region where the units are located;
and
6.
Employing a random selection process as provided in the Affirmative
Marketing Plan of the Township of Green Brook when referring households
for certification to affordable units.
c.
Affordability Controls:
1.
Furnishing to attorneys or closing agents forms of deed restrictions
and mortgages for recording at the time of conveyance of title of
each restricted unit;
2.
Creating and maintaining a file on each restricted unit for its control
period, including the recorded deed with restrictions, recorded mortgage
and note, as appropriate;
3.
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the Somerset
County Register of Deeds or County Clerk's office after the termination
of the affordability controls for each restricted unit;
4.
Communicating with lenders regarding foreclosures; and
5.
Ensuring the issuance of Continuing Certificates of Occupancy or
certifications pursuant to N.J.A.C. 5:80-26.10.
d.
Sales and Rerentals:
1.
Instituting and maintaining an effective means of communicating information
between owners and the Administrative Agent regarding the availability
of restricted units for resale or rerental; and
2.
Instituting and maintaining an effective means of communicating information
to low- and moderate-income households regarding the availability
of restricted units for resale or rerental.
e.
Processing Requests from Unit Owners:
1.
Reviewing and approving requests for determination from owners of
restricted units who wish to take out home equity loans or refinance
during the term of their ownership that the amount of indebtedness
to be incurred will not violate the terms of this section;
2.
Reviewing and approving requests to increase sales prices from owners
of restricted units who wish to make capital improvements to the units
that would affect the selling price, such authorizations to be limited
to those improvements resulting in additional bedrooms or bathrooms
and the depreciated cost of central air conditioning systems;
3.
Notifying the municipality of an owner's intent to sell a restricted
unit; and
4.
Making determinations on requests by owners of restricted units for
hardship waivers.
f.
Enforcement:
1.
Securing annually from the municipality a list of all affordable
housing units for which tax bills are mailed to absentee owners, and
notifying all such owners that they must either move back to their
unit or sell it;
2.
Securing from all developers and sponsors of restricted units, at
the earliest point of contact in the processing of the project or
development, written acknowledgement of the requirement that no restricted
unit can be offered, or in any other way committed, to any person,
other than a household duly certified to the unit by the Administrative
Agent;
3.
The posting annually in all rental properties, including two-family
homes, of a notice as to the maximum permitted rent together with
the telephone number of the Administrative Agent where complaints
of excess rent or other charges can be made;
4.
Sending annual mailings to all owners of affordable dwelling units,
reminding them of the notices and requirements outlined in N.J.A.C.
5:80-26.18(d)4;
5.
Establishing a program for diverting unlawful rent payments to the
municipality's Affordable Housing Trust Fund; and
6.
Creating and publishing a written operating manual for each affordable
housing program administered by the Administrative Agent, to be approved
by the Township Committee and the Court, setting forth procedures
for administering the affordability controls.
g.
Additional Responsibilities:
1.
The Administrative Agent shall have the authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
2.
The Administrative Agent shall prepare monitoring reports for submission
to the Municipal Housing Liaison in time to meet any monitoring requirements
and deadlines imposed by the Court.
3.
The Administrative Agent shall attend continuing education sessions
on affordability controls, compliance monitoring, and affirmative
marketing at least annually and more often as needed.
[Added 7-10-2018 by Ord.
No. 2018-852]
a.
The Township of Green Brook shall adopt by resolution an Affirmative
Marketing Plan, subject to the approval of the Court that is compliant
with N.J.A.C. 5:80-25.15, as may be amended and supplemented.
b.
The Affirmative Marketing Plan is a regional marketing strategy designed
to attract buyers and/or renters of all majority and minority groups,
regardless of race, creed, color, national origin, ancestry, marital
or familial status, gender, affectional or sexual orientation, disability,
age or number of children to housing units which are being marketed
by a developer, sponsor or owner of affordable housing. The Affirmative
Marketing Plan is intended to target those potentially eligible persons
who are least likely to apply for affordable units in that region.
In addition, as a result of the Settlement Agreement with FSHC, the
Affirmative Marketing Plan shall require the notification of the New
Jersey State Conference of the NAACP, the FSHC, Supportive Housing
Association, the Latino Action Network and the New Jersey Housing
Resource Center of affordable housing opportunities. It is a continuing
program that directs marketing activities toward Housing Region 3
and is required to be followed throughout the period of restriction.
c.
The Affirmative Marketing Plan shall provide a regional preference
for all households that live and/or work in Housing Region 3, comprised
of Hunterdon, Middlesex and Somerset Counties.
d.
The municipality has the ultimate responsibility for adopting the
Affirmative Marketing Plan and for the proper administration of the
Affirmative Marketing Program, including initial sales and rentals
and resales and rerentals. The Administrative Agent designated by
the Township of Green Brook shall implement the Affirmative Marketing
Plan to assure the affirmative marketing of all affordable units.
e.
In implementing the Affirmative Marketing Plan, the Administrative
Agent shall provide a list of counseling services to low- and moderate-income
applicants on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements, and landlord/tenant law.
f.
The Affirmative Marketing Plan shall describe the media to be used
in advertising and publicizing the availability of housing. In implementing
the Affirmative Marketing Plan, the Administrative Agent shall consider
the use of language translations where appropriate.
g.
The affirmative marketing process for available affordable units
shall begin at least four months (120 days) prior to the expected
date of occupancy.
h.
Applications for affordable housing shall be available in several
locations, including, at a minimum, the Somerset County Administration
Building, the Watchung Branch of the Somerset County Library System,
the Green Brook Municipal Building and the developer's rental
office. Pre-applications may be emailed to prospective applicants
upon request. Otherwise, hard copies are available from the Township
Clerk.
i.
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner.
[Added 7-10-2018 by Ord.
No. 2018-852]
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, a requirement for household
recertification, acceleration of all sums due under a mortgage, recuperation
of any funds from a sale in violation of the regulations, injunctive
relief to prevent further violation of the regulations, entry on the
premises, and specific performance.
b.
After providing written notice of a violation to an owner, developer
or tenant of a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the municipality
may take the following action(s) against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
1.
The municipality may file a court action pursuant to N.J.S.A. 2A:58-11
alleging a violation or violations of the regulations governing the
affordable housing unit. If the owner, developer or tenant is adjudged
by the Court to have violated any provision of the regulations governing
affordable housing units the owner, developer or tenant shall be subject
to one or more of the following penalties, at the discretion of the
Court:
(a)
A fine of not more than $500 per day or imprisonment for a period
not to exceed 90 days, or both, provided that each and every day that
the violation continues or exists shall be considered a separate and
specific violation of these provisions and not a continuation of the
initial offense. In the case of an owner who has rented a low- or
moderate-income unit in violation of the regulations governing affordable
housing units, payment into the Township of Green Brook Affordable
Housing Trust Fund of the gross amount of rent illegally collected;
(b)
In the case of an owner who has rented a low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment of an innocent tenant's reasonable relocation
costs, as determined by the Court.
2.
The municipality may file a court action in the Superior Court seeking
a judgment that would result in the termination of the owner's
equity or other interest in the unit, in the nature of a mortgage
foreclosure. Any such judgment shall be enforceable as if the same
were a judgment of default of the First Purchase Money Mortgage and
shall constitute a lien against the low- or moderate-income unit:
(a)
The judgment shall be enforceable, at the option of the municipality,
by means of an execution sale by the Sheriff, at which time the low-
and moderate-income unit of the violating owner shall be sold at a
sale price which is not less than the amount necessary to fully satisfy
and pay off any First Purchase Money Mortgage and prior liens and
the costs of the enforcement proceedings incurred by the municipality,
including attorney's fees. The violating owner shall have his
right to possession terminated as well as his title conveyed pursuant
to the Sheriff's sale.
(b)
The proceeds of the Sheriff's sale shall first be applied
to satisfy the First Purchase Money Mortgage lien and any prior liens
upon the low- and moderate-income unit. The excess, if any, shall
be applied to reimburse the municipality for any and all costs and
expenses incurred in connection with either the court action resulting
in the judgment of violation or the Sheriff's sale. In the event
that the proceeds from the Sheriff's sale are insufficient to
reimburse the municipality in full as aforesaid, the violating owner
shall be personally responsible for the full extent of such deficiency,
in addition to any and all costs incurred by the municipality in connection
with collecting such deficiency. In the event that a surplus remains
after satisfying all of the above, such surplus, if any, shall be
placed in escrow by the municipality for the owner and shall be held
in such escrow for a maximum period of two years or until such earlier
time as the owner shall make a claim with the municipality for such.
Failure of the owner to claim such balance within the two-year period
shall automatically result in a forfeiture of such balance to the
municipality. Any interest accrued or earned on such balance while
being held in escrow shall belong to and shall be paid to the municipality,
whether such balance shall be paid to the owner or forfeited to the
municipality.
(c)
Foreclosure by the municipality due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the low- and moderate-income unit. Title shall be conveyed
to the purchaser at the Sheriff's sale, subject to the restrictions
and provisions of the regulations governing the affordable housing
unit. The owner determined to be in violation of the provisions of
this plan and from whom title and possession were taken by means of
the Sheriff's sale shall not be entitled to any right of redemption.
(d)
If there are no bidders at the Sheriff's sale, or if insufficient
amounts are bid to satisfy the First Purchase Money Mortgage and any
prior liens and crediting the violating owner with an amount equal
to the difference between the First Purchase Money Mortgage an 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.
[Added 7-10-2018 by Ord.
No. 2018-852]
Appeals from all decisions of an Administrative Agent appointed
pursuant to this section shall be filed in writing with the Court.
[Repealed by Ord. No. 2005-7021]
[Ord. No. 2010-769 § 1]
The purpose of this section is to require dumpsters and other
refuse containers that are outdoors or exposed to stormwater to be
covered at all times and prohibits the spilling, dumping, leaking,
or otherwise discharge of liquids, semi-liquids or solids from the
containers to the municipal separate storm sewer system(s) operated
by the Township of Green Brook and/or the waters of the State so as
to protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
[Ord. No. 2010-769 § 2]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains) that is owned
or operated by Green Brook Township or other public body, and is designed
and used for collecting and conveying stormwater. In municipalities
with combined sewer systems, MS4s do not include combined sewer systems,
which are sewer systems that are designed to carry sanitary sewage
at all times and to collect and transport stormwater from streets
and other sources.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean any waste container that a person controls whether
owned, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted
to the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 2010-769 § 3]
Any person who controls, whether owned, leased, or operated,
a refuse container or dumpster must ensure that such container or
dumpster is covered at all times and shall prevent refuse from spilling
out or overflowing.
Any person who owns, leases or otherwise uses a refuse container
or dumpster must ensure that such container or dumpster does not leak
or otherwise discharge liquids, semi-liquids or solids to the municipal
separate storm sewer system(s) operated by the Township of Green Brook.
[Ord. No. 2010-769 § 4]
a.
Permitted temporary demolition containers.
b.
Litter receptacles (other than dumpsters or other bulk containers)
c.
Individual homeowner trash and recycling containers.
d.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
e.
Large bulky items (e.g., furniture, bound carpet and padding, white
goods placed curbside for pickup).
[Ord. No. 2010-769 § 5]
This section shall be enforced by the Green Brook Police Department
or the Board of Health of the Township of Green Brook.
[Ord. No. 2010-769 § 6]
[Ord. No. 2010-770 § 1]
The purpose of this section is to require the retrofitting of
existing storm drain inlets which are in direct contact with repaving,
repairing, reconstruction, or resurfacing or alterations of facilities
on private property, to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system(s) operated by the Township
of Green Brook so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
[Ord. No. 2010-770 § 2]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains) that is owned
or operated by Township of Green Brook or other public body, and is
designed and used for collecting and conveying stormwater. In municipalities
with combined sewer systems, MS4s do not include combined sewer systems,
which are sewer systems that are designed to carry sanitary sewage
at all times and to collect and transport stormwater from streets
and other sources.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean an opening in a storm drain used to collect stormwater
runoff and includes, but is not limited to, a grate inlet, curb-opening
inlet, slotted inlet, and combination inlet.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 2010-770]
No person in control of private property (except a residential
lot with one single-family house) shall authorize the repaving, repairing
(excluding the repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
[Ord. No. 2010-770]
Storm drain inlets identified in subsection 9-6.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection 9-6.4c below.
a.
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
1.
The New Jersey Department of Transportation (NJDOT) bicycle safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
2.
A different grate, if each individual clear space in that grate has
an area of no more than 7.0 square inches, or is no greater than 0.5
inches across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
b.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than seven square inches, or be no greater than two inches across
the smallest dimension.
c.
This standard does not apply:
1.
Where the Municipal Engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
2.
Where flows are conveyed through any device (e.g., end of pipe netting
facility, manufactured treatment device, or a catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
3.
Where flows are conveyed through a trash rack that has parallel bars
with one-inch spacing between the bars; or
4.
Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C.
7:4-7.2(c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register listed historic property.
[Ord. No. 2010-770]
This section shall be enforced by the Green Brook Police Department
or the Board of Health of the Township of Green Brook.
[Ord. No. 2010-770]
