[Amended 4-18-2023 by Ord. No. 2023-19]
The Land Use Board shall have jurisdiction over development applications pursuant to Article VII of this chapter.
A.
Subdivision review. All subdivisions, as defined under § 142-7, are subject to the review procedures specified herein.
B.
Site plan review. Site plan review and approval shall be required prior to the issuance of a construction permit for or following a change in use of any structure, addition to an existing structure or off-street parking area of five or more spaces, except that the following shall not require site plan review and approval.
[Amended 11-24-2021 by Ord. No. 2021-29]
(1)
A construction permit for or change in tenancy of a single-family detached dwelling unit and its accessory building(s), except that construction of private sports courts and swimming pools shall be subject to site plan review and approval.
(2)
Any addition or alteration to an existing conforming, nonresidential structure which does not account for more than 20% additional building coverage may be exempt from formal site plan approval and may be eligible for administrative site plan approval, provided the property owner complies with the following conditions:
(a)
Application shall be made to the Technical Review Committee seeking waiver of formal site plan review. The applicant shall provide a sketch of the property locating the proposed addition and the size thereof along with any improvements required to accommodate the proposed building addition. Fees as may be established by the governing body shall accompany the application.
(b)
Exemption requests shall not be considered if the applicant or its predecessor in ownership or occupancy has obtained a site plan exemption for an addition less than five years prior to the date of the request.
(c)
The addition may not exceed 5,000 square feet.
(d)
Any square footage necessitated for compliance with the Americans With Disabilities Act shall not be included in determining the 20% or five-thousand-square-foot limit.
(e)
The application shall be reviewed informally by the Technical Review Committee in order to address issues of ingress, egress and drainage.
(f)
The applicant shall still be required to post the appropriate bond and escrow fees.
(g)
Any minor site plan, as defined in this chapter, may be exempt from formal site plan approval by the Land Use Board and may be eligible for administrative site plan approval where the proposed disturbance or structure is less than 5,000 square feet or 20% of the gross lot area (whichever is less) and where the Technical Review Committee determines that no adverse impacts will occur from such proposed development and the application does not require any variance relief from any provisions of this chapter.
[Amended 7-20-2022 by Ord. No. 2022-27]
(3)
The applicant agrees that in the event a site plan waiver or administrative site plan approval is not granted by the Technical Review Committee, it will be required to file a formal site plan application. The Technical Review Committee shall review the request for site plan waiver taking into account any on-site, off-site, or off-tract improvements which may be required as a result of the proposed addition; the impact the proposed addition may have on surrounding properties; and any other impact the proposed addition might have which could have a deleterious effect on the safety or health of the owners of other properties in the surrounding neighborhood of the Township at large, thereby making formal site plan approval by the Land Use Board necessary. The applicant shall be required to comply with any conditions imposed by the Technical Review Committee with the grant of a waiver or may elect, in the alternative, to seek formal site plan approval.
[Amended 7-20-2022 by Ord. No. 2022-27]
C.
Form.
(1)
Whenever an application for development to the Land Use Board is permitted or required by this chapter, it shall be in such form, and accompanied by such maps, documents and materials as are prescribed by this chapter, and shall be submitted to the administrative officer in such number as is prescribed by this chapter or by rule of the Board.
[Amended 7-20-2022 by Ord. No. 2022-27]
(2)
The administrative officer shall prepare and furnish to applicants standard application forms which shall require the following information:
(a)
The applicant's name, address and telephone number.
(b)
The owner's name, address and telephone number.
(c)
Interest of the applicant in the property.
(d)
Ownership of the applicant.
(e)
The name, address and telephone number of the applicant's attorney, if represented.
(f)
The street address of the property.
(g)
The tax lot and block number of the property.
(h)
The zone district in which the property is situated.
(i)
A description of the property.
(j)
A description of the proposed development.
(k)
The type of application.
(l)
The specific relief requested.
(m)
Sufficient information to facilitate review of the proposed development in light of the criteria and standards applicable to the application for development.
D.
Completeness of application. An application for development shall be complete for the purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. In the event that the agency, committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon expiration of the forty-five-day period for the purposes of commencing the applicable time period unless the application lacks information indicated on a checklist provided to the applicant pursuant to Subsection E, and the municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of the submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in this chapter, or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of such additional information or any revision in the accompanying documents so required by the municipal agency.
E.
Checklists.
(1)
All applications for development approvals by the Land Use Board shall be accompanied by the appropriate checklist from those checklists which are hereby adopted and are on file and available for public inspection in the offices of the Municipal Clerk and Planning/Zoning Secretary. Failure to submit the appropriate checklist shall be deemed grounds for declaring an application incomplete.
[Amended 10-17-2017 by Ord. No. 2017-27; 7-20-2022 by Ord. No. 2022-27]
(2)
Future revisions to any checklist shall be made by amendment to the appropriate section of this chapter.
(3)
All applications for development shall be accompanied by the checklist(s) for the relief sought.
[Amended 2-9-2018 by Ord. No. 2018-5; 11-24-2021 by Ord. No. 2021-29]
(4)
In addition, submission of the required application form and the required application fee is necessary for a complete application.
A conceptual sketch of the proposed subdivision or site plan is not required but is strongly recommended. The submission of a conceptual sketch affords the applicant the opportunity to discuss the proposal in its formative stages and receive the advice of the Board.
A.
Procedure for submitting sketch plats and sketch plans.
(1)
Submit to the administrative officer at least 14 days, but no more than 21 days, prior to the first regularly scheduled monthly meeting of the Board (in the case of the Land Use Board, such submission will be prior to the regularly scheduled agenda meeting of that Board) 14 copies of the sketch of the proposal for purposes of classification, preliminary discussion and appropriate action, five copies of the application, a fee as required in § 142-84 and proof that no taxes or assessments are due or delinquent on the subject property. The administrative officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats and other documents submitted for processing in conjunction with the application.
[Amended 7-20-2022 by Ord. No. 2022-27]
(2)
At least 10 days prior to the next regular meeting of the Board, the administrative officer shall retain one copy each of the sketch and application and shall distribute the remaining 11 copies of the sketch and four copies of the application in the following manner:
(a)
Chairman of the Board: two copies of the sketch and one copy of the application.
(b)
County Planning Board: two copies of the sketch and one copy of the application.
(c)
Construction Official and Zoning Officer: one copy of the sketch.
(d)
Township Engineer: one copy of the sketch and one copy of the application.
(e)
Township Tax Collector: one copy of the sketch.
(f)
At the direction of the Board, additional copies shall be sent to other municipal, county, regional, state and federal agencies and officials, including, where applicable, the Federal Aviation Administration and the Delaware and Raritan Canal Commission.
B.
Details required for sketch plats and sketch plans. The submitted sketch shall be based on Tax Map information or some other similarly accurate base and shall be neatly and accurately drawn. The following information shall be included:
(1)
A key map showing the entire tract and its relation to the surrounding areas, at a scale of one inch equals not less than 2,000 feet.
(3)
Scale and North arrow.
(4)
Date of original preparation and of each subsequent revision thereof.
(5)
Existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the municipal Tax Map.
(6)
Subdivision or development boundary line (heavy solid line).
(7)
The location of existing and proposed property lines, streets, buildings (with an indication as to whether existing buildings will be retained or removed), parking spaces, loading areas, driveways, watercourses, railroads, bridges, culverts, drainpipes and any natural features, such as wetlands and treed areas, both within the tract and within 100 feet of its boundary.
(8)
Contours as shown on the United States Geological Survey topographic sheets.
(9)
The approximate location and approximate width of all existing and proposed utility and other easements.
(10)
Zoning district boundaries affecting the tract.
(11)
Proposed buffer and landscaped areas.
C.
Corporate disclosure.
(1)
Any corporation or partnership applying to the Land Use Board for permission to subdivide a parcel of land into six or more lots or applying for a variance to construct a multifamily dwelling of 25 or more units or for approval of a site to be used for commercial purposes shall submit to the Board a list of the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be.
[Amended 7-20-2022 by Ord. No. 2022-27]
(2)
If another corporation or partnership owns 10% or more of the stock of the applicant corporation, or 10% or greater interest in the applicant partnership, as the case may be, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership until the names and addresses of the noncorporate stockholders and individual partners exceeding the 10% ownership criterion have been listed.
D.
Additional details required for sketches prior to minor subdivision classification.
(1)
No plat shall be classified as a minor subdivision unless drawn by a professional engineer or land surveyor licensed to practice in the state and bearing the signature, seal and license number and address of the said professional engineer or land surveyor. The sketch plat shall be drawn at a scale not more than 100 feet to the inch, one of four standard sheet sizes, namely, 8 1/2 inches by 13 inches, 15 inches by 21 inches, 24 inches by 36 inches, or 30 inches by 42 inches, to enable the entire tract to be shown on one sheet, and shall show or include the following information:
(2)
If the proposed lot(s) is (are) not served by sanitary sewer, certification must be provided by a licensed professional engineer that the proposed lot(s) can accommodate a septic system without threat to the public health and safety or to the health and safety of the lot(s) owners. For the purposes of such certification, a minimum of two passing percolation tests and a soil log of one of the passing holes shall be required for each lot, such tests and log to be located within the proposed disposal area. The test results and other applicable requirements regulating location(s) of test holes, etc., shall be in compliance with the Individual Sewage Disposal Code of New Jersey[1], Individual Subsurface Sewage Disposal Systems, and shall be so shown on the plat and certified by a licensed professional engineer. All such tests must be witnessed by the Township Engineer, who shall be notified by the developer at least 48 hours prior to the initiation of the tests.
(3)
No plat involving any street(s) requiring additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this chapter shall be classified as a minor subdivision unless such additional right-of-way width, either along one or both sides of the streets, as applicable, shall be deeded to the Township or other appropriate governmental agency.
(4)
No plat involving any corner lot shall be classified as a minor subdivision unless a sight triangle easement shall be granted as specified in this chapter.
E.
Action by Township.
(1)
Any proposed subdivision or development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties may be required to be revised to remove such adverse effect(s) prior to further review, classification or approval by the Board, or, where the remaining portion of the original tract is of sufficient size to be subdivided or developed further, the applicant may be required to submit a sketch of the entire remaining portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any such adverse effect.
(2)
If the sketch plat is considered for classification as a minor subdivision, the Board shall act on the proposed plan within 45 days of its complete and proper submission to the administrative officer or within such further time as may be consented to in writing by the applicant. Failure of the Board to act within the prescribed time period shall constitute minor subdivision approval. If classified as a minor subdivision by majority action of the Board, a notation to that effect, including the date of classification, shall be made on the master copy. All prints of the plat shall be signed by the Chairman and Secretary of the Board, or the Acting Chairman or Secretary where either or both may be absent, and returned to the subdivider within one week thereof. No further approval of the subdivision shall be required. In the event that the same is disapproved by the Board, the Secretary of the Board shall, within three days of such action, notify the subdivider of such disapproval and reasons therefor. In acting on the application, the Township shall consider a report received, in writing, from the County Planning Board within 30 days after its receipt of the plat. If a reply is not received from the County Planning Board within 30 days, the sketch plat shall be deemed to have been approved by it.
[Amended 10-17-2017 by Ord. No. 2017-27; 4-23-2021 by Ord. No. 2021-13; 7-20-2022 by Ord. No. 2022-27]
A committee to be known as the "Technical Review Committee" is created. The Technical Review Committee shall review all applications for development prior to consideration by the Land Use Board.
A.
The Technical Review Committee shall consist of the Township Engineer, the Planning Consultant, the Land Use Board Attorney, and the Administrative Officer. After initial review of any development application filed with the Township Planning/Zoning Secretary, the application shall be submitted to the Technical Review Committee for review and a determination of completeness.
B.
The Secretary and Chairperson shall be elected by the Committee membership on an annual basis.
C.
The Technical Review Committee shall conduct informal meetings, at the Township Municipal Building, on a monthly basis, or more frequently if required, in order to review development applications. It shall fix a regular meeting schedule which shall be posted in the Municipal Building.
D.
The Technical Review Committee shall be responsible for the determination of the completeness of an application, pursuant to the provisions of N.J.S.A. 40:55D-10.3.
E.
The Technical Review Committee shall advise and assist the Land Use Board in reviewing site plans, subdivision applications and variance applications as to the following:
(1)
The sketch plan/subdivision classification.
(2)
Proposed meeting dates for processing each application.
(3)
The appropriateness of simultaneous review of the preliminary and final subdivision and site plan.
(4)
Potential ordinance violations, necessary variances and specific site plan and subdivision considerations.
(5)
The technical aspect of the proposed plan, including but not limited to parking and circulation, lighting, signs, landscaping, drainage, building location and design.
F.
An applicant for development shall have the option of appearing before the Technical Review Committee in order to hear comments regarding the application or to discuss the technical aspects of the application. The applicant may elect, if it so chooses, to bring its professional consultants to the Technical Review Committee meeting at which its application is agendized for discussion. The Technical Review Committee, in its exclusive discretion, may allot specific time allocations to the discussion of any application.
G.
Minutes of the Technical Review Committee meeting shall be prepared by the Secretary and distributed to all members of the Land Use Board. The report shall not be binding upon the Land Use Board or the applicant, nor shall the applicant be relieved of any requirements or regulations which have not been addressed in the report.
H.
The Technical Review Committee may promulgate such rules and regulations as it may deem necessary for proper internal administration. A copy of such rules and regulations, when adopted, shall be kept in the Township Office on file with the Municipal Clerk.
I.
The Technical Review Committee shall function in an advisory capacity, having no final authority on any application review. It shall have final authority to the determination of completeness of an application.
J.
All professional fees for Technical Review Committee members shall be paid from the applicant's escrow account which shall be established prior to an application being placed on an agenda for discussion.
A preliminary submission is required of all subdivisions classified as major subdivisions and of all development proposals requiring site plan review.
A.
Procedure for submitting preliminary plats and preliminary plans.
(1)
The applicant shall submit to the administrative officer at least 14 days, but no more than 21 days, prior to the first regularly scheduled monthly meeting of the Board (in the case of the Land Use Board, such submission will be prior to the regularly scheduled agenda meeting of that Board) 12 copies of the preliminary plat or preliminary plan, five copies of the appropriate application and five copies of any protective covenants or deed restrictions applying to the land being subdivided or developed. Additionally, a fee shall be paid to the administrative officer as specified in § 142-84 of this chapter, and proof shall be provided that no taxes or assessments are due or delinquent on the subject property.
[Amended 7-20-2022 by Ord. No. 2022-27]
(2)
At least 10 days prior to the first regularly scheduled monthly meeting of the Board, the administrative officer shall retain one copy each of the preliminary plat or plan, the completed application and any applicable protective covenants or deed restrictions and shall then immediately distribute the remaining 11 copies of the preliminary plat or plan, four copies of the completed application and four copies of any applicable protective covenants or deed restrictions in the following manner:
(a)
Chairman of the Board: two copies of the preliminary plat or plan and one copy each of the application and any applicable protective covenants or deed restrictions.
(b)
County Planning Board: two copies of the preliminary plat or plan and one copy each of the application and any applicable protective covenants or deed restrictions.
(c)
Construction Official and Zoning Officer: one copy of the preliminary plat or plan.
(d)
Township Engineer: one copy of the preliminary plat or plan and one copy each of the application and any applicable protective covenants or deed restrictions.
(e)
Township Board of Health: one copy of the preliminary plat or plan.
(f)
At the direction of the Board, additional copies shall be sent to other municipal, county, regional, state and federal agencies and officials, including, where applicable, the Federal Aviation Administration and the Delaware and Raritan Canal Commission.
B.
Details required for preliminary plats and preliminary plans. Each submission shall be at a scale of one inch equals 50 feet for a tract up to 40 acres in size; one inch equals 100 feet for a tract between 40 acres and 150 acres; and one inch equals 200 feet for a tract 150 acres or more. Each submission shall be on one of four standard sheet sizes, namely, 8 1/2 inches by 13 inches, 15 inches by 21 inches, 24 inches by 36 inches or 30 inches by 42 inches. If one sheet is not sufficient to contain the entire territory, the map may be divided into sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets. The following information shall be included:
(1)
A key map showing the entire tract and its relation to the surrounding areas, at a scale of one inch equals not less than 2,000 feet.
(2)
Title block:
(a)
Name of subdivision or development, municipality and county.
(b)
Name and address of subdivider or developer.
(c)
Name and address of the owner or owners of record and the names and addresses of all property owners within 200 feet of the extreme limits of the tract as shown on the most recent tax list prepared by the Township Tax Assessor.
(d)
Name, address, signature and license number of the professional person who prepared the drawing.
(e)
Acreage of tract to nearest tenth of an acre.
(3)
Scale and North arrow.
(4)
Date of original preparation and of each subsequent revision thereof.
(5)
Existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the municipal Tax Map and proposed block and lot numbers as provided by the Township Tax Assessor upon written request.
(6)
Subdivision or development boundary line (heavy solid line).
(7)
Zoning district boundaries affecting the tract.
(8)
The locations and dimensions of existing and proposed railroad rights-of-way, bridges and natural features, such as wooded areas and any extensive rock formations, both within the tract and within 200 feet of its boundaries.
(9)
The locations and species of all existing trees or groups of trees having a caliper of eight inches or more measured three feet above ground level. The proposed location of shade trees to be provided shall also be indicated.
(10)
All existing and proposed watercourses, including lakes and ponds, shall be shown and shall be accompanied by the following information:
(a)
When a stream is proposed for alteration, improvement or relocation or when a drainage structure or fill is proposed over, under, in or along a running stream, evidence of approval, required alterations, lack of jurisdiction or denial of the improvement by the New Jersey Division of Water Policy and Supply shall accompany the subdivision.
(b)
Cross sections of watercourses and/or drainage swales at an approximate scale showing the extent of floodplain, top of bank, normal water levels and bottom elevations at the following locations:
[1]
At any point where a watercourse crosses a boundary of the tract.
[2]
At 50-foot intervals for a distance of 300 feet upstream and downstream of any proposed or existing culvert or bridge within the tract and within 1,000 feet downstream of the tract.
[Amended 11-14-2024 by Ord. No. 2024-40]
[3]
At 50-foot intervals up to 300 feet upstream and downstream of any point of junction of two or more watercourses within the tract and within 1,000 feet of the tract.
[Amended 11-14-2024 by Ord. No. 2024-40]
[4]
At a maximum of 500-foot intervals, but not less than two locations, along each watercourse which runs through or within 500 feet of the tract.
[Amended 11-14-2024 by Ord. No. 2024-40]
(c)
When ditches, streams or watercourses are to be altered, improved or relocated, the method of stabilizing slopes and measures to control erosion and siltation, as well as typical ditch sections and profiles, shall be shown or accompany it.
(d)
The boundaries of the floodplains of all watercourses within or adjacent to the tract.
(e)
The total acreage in the drainage basin of any watercourse running through or adjacent to a tract in the area upstream of the tract.
(f)
The total acreage in the drainage basin to the nearest downstream drainage structure and the acreage in the tract which drains to the structure.
(g)
The location and extent of drainage and conservation easements and stream encroachment lines.
(h)
The location, extent and water elevation of all existing or proposed lakes or ponds within and adjacent to the tract.
(11)
Existing contours with intervals of one foot where slopes are 3% or less, two feet where slopes are more than 3% but less than 15% and five feet where slopes are 15% or more, referred to a known datum, and to be indicated by a dashed line. Where any changes in contours are proposed, finished grades should be shown as a solid line.
(12)
Locations of all existing structures, including wells and septic systems, showing existing and proposed front, rear and side yard setback distances, and an indication of whether the existing structures and uses will be retained or removed.
(13)
Size, height and location of all proposed buildings, structures, signs and lighting facilities.
(14)
All dimensions necessary to confirm conformity to this chapter, such as structure setbacks, structure heights and yard areas.
(15)
The proposed location, direction of illumination, power and type of proposed outdoor lighting.
(16)
The required buffer areas and proposed screening and landscaping on a separate landscaping plan.
(a)
Buffer areas are required along lot and street lines of all nonresidential lots where said property lines or the center lines of adjacent streets abut residential uses or residential zoning district lines. Each permitted use shall provide and maintain attractively landscaped grounds and suitable screening in order to safeguard the character of adjacent districts. The width of the buffer area for each particular zoning district shall be as prescribed in Article IV. Buffer areas shall be measured horizontally and at right angles to either a straight lot or street lines or the tangent lines of a curved lot or street lines. Buffer areas shall be maintained and kept clear of all debris, rubbish, weeds and tall grass. No above-surface structure or activity or the storage of materials or parking of vehicles shall be permitted in the buffer area, and all buffer areas shall be planted and maintained with grass or ground cover together with a dense screen of trees, shrubs or other plant materials meeting the following requirements:
[1]
Plant materials used in screen planting shall be at least six feet in height when planted and shall be of such density as determined appropriate for the activities involved. The plant materials shall be of a species common to the area, shall be of nursery stock and shall be free of insects and disease.
[2]
Buffer areas shall be permanently maintained, and plant material which does not live shall be replaced within one year or one growing season.
[3]
The screen planting shall be so placed that at maturity the plant material will be no closer than three feet to any street or property lines.
[4]
The buffer area shall not be broken unless specifically approved by the Board.
(17)
The location and design of any off-street parking areas or loading areas, showing size and location of bays, aisles and barriers.
(18)
All means of vehicular access and egress to and from the site onto public streets, showing the site and location of driveways and curb cuts, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, additional width and any other device necessary to prevent a difficult traffic situation.
(19)
The application shall include plans and computations for any storm drainage systems, including the following:
(a)
All existing or proposed storm sewer lines within or adjacent to the tract, showing size and profile of the lines, direction of flow and the location of each catch basin, inlet, manhole, culvert and headwall.
(b)
The location and extent of any proposed dry wells, groundwater recharge basins, retention basins or other water or soil conservation devices.
(20)
The location of existing utility structures, such as water and sewer mains, gas transmission lines and high-tension power lines, on the tract and within 200 feet of its boundaries.
(21)
Plans of proposed improvements and utility layouts, including sewers, storm drains, water, gas, telephone and electricity, showing feasible connections to any proposed utility systems. If private utilities are proposed, they shall comply fully with all Township, county and state regulations. If service will be provided by an existing utility company, a letter from that company stating that service will be available before occupancy will be sufficient. Wherever a septic system is to be used, certification is required by a licensed professional engineer that each lot proposed to be thus served can accommodate a septic system without threat to the public health and safety or to the health and safety of the lot owner(s). For the purposes of such certification, a minimum of two passing percolation tests and a soil log of one of the passing holes shall be required for each lot, such tests and log to be located within the proposed disposal area. The test results and other applicable requirements regulating location(s) of test holes, etc., shall be in compliance with the Individual Sewage Disposal Code of New Jersey and shall be so shown on the plat and certified by a licensed professional engineer. All such tests must be witnessed by the Township Engineer, who shall be notified by the developer at least 48 hours prior to the initiation of the tests. Where an individual well(s) is (are) proposed, such well(s) shall meet all applicable requirements of Township and state agencies.
(22)
Plans, typical cross sections, center-line profiles, tentative grades and details of all proposed streets and of the existing streets abutting the tract based on the vertical datum specified by the Township Engineer, including curbing, sidewalks, storm drains and drainage structures. Sight triangles, the radius of curblines and street sign locations shall be so clearly indicated at intersections.
(23)
A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.
(24)
Proposed permanent monuments shall be shown.
(25)
The Board reserves the right to require additional information before granting preliminary approval when unique circumstances affect the tract or when the application for development poses special problems for the tract and surrounding area. Such information may include but shall not be limited to drainage calculations and traffic analyses.
(26)
Environmental impact assessment.
(a)
An environmental impact assessment is required to be submitted on the following applications: preliminary major subdivisions and/or preliminary site plans.
(b)
The impact assessment shall consider the topography, surface water bodies, energy, air quality, noise, surface water quality, subsurface water, aquatic biota, soils, geology, vegetation, wildlife and scenic, historical and archaeological features. Two maps shall be submitted, one at a scale of one inch equals 1,000 feet and one at a scale of one inch equals 100 feet.
[1]
Topography. Provide two topographic maps, with one-foot contour intervals of the area of the project and 100 feet surrounding the project area. One map shall depict proposed relief (i.e., after construction).
[2]
Surface water bodies. Describe existing watercourses and water bodies that are partially or totally on the site and their relationship to the area of land disturbance. Calculate existing and proposed surface runoff from the site. When the natural drainage pattern will be altered, an analysis shall be conducted which will investigate the capacity of the receiving waters. One-hundred-year floodplains shall be mapped in consultation with the New Jersey Department of Environmental Protection. Existing and proposed drainage structures shall be mapped and the capacity of the drainage network shall be determined.
[3]
Energy. Describe the proposed energy sources for the project and identify conservation measures that may be utilized.
[4]
Air quality. Describe the source, quantity and nature of materials to be emitted from any furnace or other device in which coal, oil, gasoline, diesel fuel, kerosene, wood or other combustible material will be burned or if any other source of air pollutants, including automobiles attracted by the facility, will be present on the site during or after construction. If a state or federal air emission permit is required, a copy of the permit and all resource data submitted with the application for the permit shall accompany the environmental assessment.
[5]
Noise. Description of all noise-generating equipment, both during construction and after construction, shall be identified. The decibel level shall be measured and sources identified. Compliance with Chapter 166. Noise, shall be evaluated.
[6]
Surface water quality. All surface water bodies shall be sampled and analyzed by a New Jersey certified laboratory before construction of the proposed project and no later than 90 days after construction is complete. A water sample to be analyzed shall consist of a composite sample of three grab samples collected on successive days. In the case of streams, two composite samples shall be collected: one immediately upstream and one immediately downstream of the site. Parameters to be analyzed for shall include, but not be limited to, the following (see Table 1, following):
Table 1 | ||
|---|---|---|
1. | Total bacterial count | |
2. | Fecal coliform | |
3. | Fecal streptococcus | |
4. | Cadmium, total | |
5. | Chromium, total | |
6. | Arsenic, total | |
7. | Mercury, total | |
8. | Lead, total | |
9. | Zinc, total | |
10. | BOD | |
11. | COD | |
12. | Total dissolved solids | |
13. | Total suspended solids | |
14. | pH | |
15. | Nitrate nitrogen | |
16. | Total phosphate | |
17. | Total orthophosphate | |
18. | Total dissolved phosphate | |
19. | Methyl chloride | |
20. | Benzene | |
21. | Carbon tetrachloride | |
22. | Ethylbenzene | |
23. | Trichloroethylene | |
24. | Petroleum hydrocarbons | |
25. | Toluene | |
26. | 1, 1, 2-trichloroethane | |
27. | 1, 2-dichlorobenzene | |
28. | PCB's | |
29. | Vinyl chloride | |
30. | Phenols (if greater than 3.5 mg/l, do acid extractable test for phenols) | |
31. | Gamma-BHC | |
32. | Aldrin | |
33. | Chlordane | |
[7]
Subsurface water. Describe subsurface water conditions of the site in terms of depth to groundwater and water supply capabilities of the site. Provide information regarding existing wells within 500 feet of the site relative to well depth, yield, and water quality. Indicate the water recharge capabilities of the site and the effect that the proposed project will have on the groundwater of the site and adjacent areas.
[8]
Aquatic biota. Describe and identify flora and fauna that are associated with any surface water bodies.
[9]
Soils.
[a]
Soil probes shall be performed at the site of the proposed development for the purposes of determining the types and extent and variability of types of soils present at the site. This information shall then be used to prepare a soils map of the area and ascertain the suitability of the site for the prospective project. A minimum of one soil probe per three acres of proposed land disturbance (i.e., excluding areas dedicated to the Township and not disturbed in any way) shall be performed to a depth of eight feet. Soil probes may be made using split-spoon sampling, shelby tubes or any device or method which will provide a continuous sample of the soil profile without mixing of soil material from different depths. Hand augers may be used, provided that the hole remains open and does not slump.
[b]
Soil profile characteristics to be examined and described in soil probes shall include the following:
[i]
Depth and thickness of all recognizable, distinct soil horizons or layers of nonsoil material. (A distinct soil horizon or layer of nonsoil material is that which differs from any horizon or layer above or below it with respect to color, texture, percentage coarse fragments or mottling.)
[ii]
Color using the Munsell color system.
[iii]
Texture using the USDA textural classification system as determined by laboratory analysis or estimation by the "feel method" of the relative proportions of sand-, silt- and clay-size particles.
[iv]
The volume percentage of coarse fragments greater than two millimeters in size shall be estimated visually.
[v]
Abundance, size and contrast of any mottling. (The color of a mottled horizon shall be described for the matrix as well as the mottles.)
[vi]
The depth to seasonal high water table as indicated by either the shallowest depth to soil mottling or where the water table is observed at a shallower depth than the depth to soil mottling.
[vii]
Depth and thickness of any fragipans.
[10]
Geology. Describe the geologic formation(s), including surficial deposit(s), as found at the site. The description shall include, but not be limited to, predominant mineral types present and thickness of surficial deposits if less than eight feet.
[11]
Vegetation. Describe existing vegetation on the site. A map shall be prepared showing the location of major vegetation groupings, such as woodlands, open fields and wetlands. Where woodlands are delineated, the forest type(s), mean tree age and mean tree diameter shall be indicated.
[12]
Wildlife. Identify and describe wildlife, giving particular attention to endangered or protected species.
[13]
Scenic, historical and archaeological features. Describe and map those portions of the site that can be considered to have unusual scenic and historical qualities and attributes, or are of archaeological importance.
(c)
Critical impacts.
[1]
Plans shall include any area, condition or feature which is environmentally sensitive or which, if disturbed during construction, would adversely affect the physical, social or historical environment of the area.
[2]
Critical impact areas include, but are not limited to, stream corridors, streams, wetlands, estuaries, slopes greater than 20%, highly acid or highly erodible soils, areas of high water table, mature stands of native vegetation, aquifer recharge areas and archaeologically sensitive areas.
[3]
A statement of impact upon critical areas and a listing of adverse impacts which cannot be avoided shall be included.
[4]
Environmental protection measures, procedures and schedules to minimize damage to critical impact areas shall be indicated, both during construction and post construction.
(d)
Documentation.
[1]
All publications, file reports, manuscripts or other written sources of information and all agencies and individuals from whom pertinent information was obtained orally or in writing which were employed in compilation of the environmental impact assessment shall be listed. Dates and locations of all meetings shall be specified.
[2]
A list of all licenses, permits and other approvals that are required by municipal, county, regional or state law and a status of each shall be included.
(e)
The environmental impact assessment should describe, with appropriate maps, the proposed project. The assessment shall summarize, rather than duplicate, the site plan and building plan. The assessment shall include a survey and description of the environmental features of the property. The environmental assessment, in bound form, shall be submitted to the appropriate board (planning and/or zoning) and the Environmental Commission.
(f)
Approval. No application for development shall be approved unless it has been affirmatively determined, after an environmental assessment, that the proposed project:
[1]
Will not result in a significant adverse impact on the environment.
[2]
Has been conceived and designed in such a manner that it will not significantly impair natural processes.
[3]
Will not place a disproportionate or excessive demand upon the total resources available to the project site or to the impact area.
(g)
Waiver. The appropriate Board, upon recommendation of the Environmental Commission, may waive any provision of this § 142-77B(26), Environmental impact assessment, if deemed not applicable.
(27)
Community impact statement.
(a)
All applications for preliminary major subdivision approval where more than 10 lots are proposed and all applications for preliminary major site plan approval shall be accompanied by a community impact statement analyzing the proposed development and its expected impacts upon existing municipal facilities and services.
(b)
The community impact statement shall indicate why in the applicant's opinion the proposed development is in the public interest, as well as providing data and opinions concerning the following specific items:
[1]
Population impact. An analysis of the number of people expected to be added to the municipal population as a result of the proposed development according to the following age cohorts: children, adults and other information about age cohorts.
[2]
School impact. An analysis of the anticipated number of pupils who will be added to the student population in the municipality and the ability of the existing public school facilities to absorb the expected student population during a ten-year time period. Should expanded or new school facilities or increased teaching staff be required, the projected cost for such additions shall be specified.
[3]
Facilities impact. An analysis of the existing facilities available to serve the proposed development and the impact of the development upon the facilities, including the adequacy of existing public water facilities; public sewerage facilities; recreational facilities; and library facilities. Should such facilities be determined inadequate to serve the proposed development, the remedies, either expected or proposed by the applicant, shall be indicated along with the estimated costs for such additional facilities.
[4]
Services impact. An analysis of the existing services provided by the Township to serve the proposed development and the impact of the development upon the services, including police protection, fire protection, solid waste disposal and street maintenance services.
[5]
Traffic impact. An analysis of the existing road network available to serve the proposed development, as well as the proposed road network within the development itself and the surrounding road network which will be affected by the proposed development, including the capacity of the existing and proposed roadways; the anticipated traffic volumes as a result of the proposed development; the physical structure of both road networks; and any problem areas in the road network affected by the development, including unsafe intersections, and vertical or horizontal alignments.
[6]
Financial impact. An analysis of the revenues expected to be generated from the development compared to the anticipated costs which the proposed development is expected to generate. Revenues and costs shall be projected for the Township, the Township school system and the county.
(c)
Waiver. The Land Use Board may waive any provisions of this § 142-77B(27), Community impact statement, if deemed not applicable.
[Amended 7-20-2022 by Ord. No. 2022-27]
C.
Corporate disclosure.
(1)
Any corporation or partnership applying to the Land Use Board for permission to subdivide a parcel of land into six or more lots or applying for a variance to construct a multifamily dwelling of 25 or more units or for approval of a site to be used for commercial purposes shall submit to the Board a list of the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be.
[Amended 7-20-2022 by Ord. No. 2022-27]
(2)
If another corporation or partnership owns 10% or more of the stock of the applicant corporation, or 10% or greater interest in the applicant partnership, as the case may be, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership until the names and addresses of the noncorporate stockholders and individual partners exceeding the 10% ownership criterion have been listed.
D.
Additional findings for planned development. Prior to preliminary approval of any form of planned development, including cluster residential, planned village and planned commercial development, the Board shall find the following additional facts and conclusions:
(1)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to all standards of Article VI of this chapter.
(2)
That the proposals for maintenance and conservation of the common open space are reliable and the amount, location and purpose of the common open space are adequate.
(3)
That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.
(4)
That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
(5)
In the case of a proposed planned development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
E.
Action by Township.
(1)
The Land Use Board shall take action on a preliminary major site plan application involving 10 acres of land or less and 10 dwelling units or less or a preliminary major subdivision application involving 10 lots or less within 45 days after the application has been certified complete by the administrative officer or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application, provided that any preliminary application, including a request for variance relief pursuant to § 142-73A of this chapter, shall be acted upon within 95 days after the application has been certified complete by the administrative officer or within such further time as may be consented to by the applicant.
[Amended 7-20-2022 by Ord. No. 2022-27]
(2)
The Land Use Board shall take action on a preliminary major site plan application involving more than 10 acres of land or more than 10 dwellings or a preliminary major subdivision application involving more than 10 lots within 95 days after the application has been certified complete by the administrative officer or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.
[Amended 7-20-2022 by Ord. No. 2022-27]
(3)
The Land Use Board shall take action on a preliminary major site plan application or a preliminary major subdivision application as prescribed in Subsection E(1) and (2) hereinabove unless said preliminary site plan and/or preliminary subdivision application is being considered by the Land Use Board simultaneously with an application for a use variance in accordance with § 142-67H of this chapter, in which case the Land Use Board shall act on all aspects of the application within 120 days after the application has been certified complete by the administrative officer or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.
[Amended 7-20-2022 by Ord. No. 2022-27; 11-14-2024 by Ord. No. 2024-40]
(4)
Should either the administrative officer or the Board determine that the application is incomplete, the administrative officer shall, within 45 days from the date of submission of the application, notify the applicant, in writing, of the reasons for such a determination, and the applicant may thereafter submit an appropriately revised application to the administrative officer as in the first instance. If the administrative officer neither certifies to the applicant that the application is complete nor notices the applicant in writing that the application has been determined to be incomplete, then the application shall be considered certified complete, and the time period for action by the Board shall commence.
(5)
Reports and recommendations.
(a)
The administrative officer shall read the reports from any group or individual which has received the plat or plan at the request of the Board and shall draft a report to the Board reflecting upon the comments received. The administrative officer shall offer recommendations to the Board at the regularly scheduled meeting of the Board within 45 days of the submission of the application to the Township.
(b)
The Technical Review Committee shall review site plan applications and subdivision applications to ascertain their conformity with the requirements of this chapter. The Technical Review Committee shall offer its recommendations to the Board at a regularly scheduled meeting of the Board prior to the Board hearing the application.
(6)
All hearings held on applications for preliminary major subdivision approval (and in certain cases preliminary major site plan approval) shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing. See § 142-68E.
[Amended 11-14-2024 by Ord. No. 2024-40]
(7)
The recommendations of the County Planning Board and those of all other agencies and officials to whom the preliminary plat or plan was submitted shall be given careful consideration in the final decision on the development application. If the County Planning Board or the Municipal Professional Engineer approves the preliminary submission, such approval shall be noted on the plat or plan. If the Board acts favorably on the preliminary plat or plan, the Chairman and Secretary of the Board (or the Acting Chairman or Secretary, where either or both may be absent) and the Municipal Engineer shall affix their signatures to at least 10 copies of the plat or plan with the notation that it has been approved.
(8)
Should minor revisions or additions to the plan be deemed necessary, the Board may grant preliminary approval subject to specified conditions and receipt of revised plans within 30 days from the date of said approval. Should major revisions be deemed necessary, the Board shall require that an amended plan be submitted and acted upon as in the case of the original application for preliminary approval.
(9)
If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted setting forth the reasons for such rejection. One copy of the plat or plan and the resolution shall be returned to the applicant within 10 days of such determination.
F.
Effect of preliminary approval. Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1)
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions; and off-tract improvements.
(2)
That the applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary plat or plan.
(3)
That the applicant may apply in writing for and the Board may grant extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that, if the design standards have been revised by ordinance, such revised standards may govern.
G.
Extension of rights of preliminary approval in certain cases.
(1)
In the case of a subdivision of or site plan for an area of 50 acres or more, the Board may grant the rights of preliminary approval for such period of time longer than three years as shall be determined by the Board to be reasonable, taking into consideration:
(2)
The applicant may apply for thereafter and the Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration:
(a)
The proposed phasing schedule, if any.
(b)
The number of dwelling units and nonresidential floor area permissible under preliminary approval.
(c)
The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval.
(d)
Economic conditions.
(e)
The comprehensiveness of the development.
(3)
Whenever any such extension may be granted, if the design standards have been revised, such revised standards may govern.
(4)
In no case shall the rights of preliminary approval extend for more than 10 years beyond the date on which preliminary approval was granted.
A final submission is required of all subdivisions approved at the preliminary submission stage and of all site plans which have received preliminary approval.
A.
Procedure for submitting final plats and final plans.
(1)
A final plat or final plan shall be submitted to the administrative officer within three years after the date of preliminary approval or any authorized extension thereof. The applicant shall submit to the administrative officer at least 14 days, but no more than 21 days, prior to the first regularly scheduled monthly meeting of the Board (in the case of the Land Use Board, such submission will be prior to the regularly scheduled agenda meeting of that Board) 12 copies of the final plat or final plan and five copies of the appropriate application. Additionally, a fee shall be paid to the administrative officer as specified in § 142-84 of this chapter.
[Amended 7-20-2022 by Ord. No. 2022-27]
(2)
At least 10 days prior to the first regularly scheduled monthly meeting of the Board, the administrative officer shall retain one copy each of the final plat or plan and completed application and shall then immediately distribute the remaining 11 copies of the final plat or plan and four copies of the completed application in the following manner:
(a)
Chairman of the Board: two copies of the final plat or plan and one copy of the application.
(b)
County Planning Board: two copies of the final plat or plan and one copy of the application.
(c)
Construction Official and Zoning Officer: one copy each of the final plat or plan.
(d)
Township Engineer: one copy of the final plat or plan and one copy of the application.
(e)
Township Tax Collector: one copy of the final plat or plan.
(f)
At the direction of the Board, additional copies shall be sent to other municipal, county, regional, state and federal agencies and officials, including, where applicable, the Federal Aviation Administration and the Delaware and Raritan Canal Commission.
B.
Details required for final plats and final plans.
(2)
All additional details required at the time of preliminary approval shall be submitted.
(3)
Detailed architectural and engineering data, including:
(a)
An architect's rendering of each building and sign or of a typical building and sign showing front, side and rear elevations.
(b)
Cross sections, profiles and established grades of all streets, aisles, lanes and driveways, as approved by the Township Engineer.
(c)
Plans and profiles of all storm and sanitary sewers and water mains, as approved by the Township Engineer.
(d)
All dimensions of the exterior boundaries of any subdivision shall be balanced and closed to a precision of one to 10,000 and the dimensions of all lot lines to within one to 20,000. All dimensions, angles and bearings must be tied to at least two permanent monuments not less than 300 feet apart, and all information shall be indicated on the plat. At least one corner of the subdivision shall be tied to United States Geological Survey benchmarks, with data on the plat as to how the bearings were determined.
(4)
The final submission shall accompanied by the following documents:
(a)
Certification from the Tax Collector that all taxes are paid to date.
(b)
Certification that the applicant is the owner of the land or his properly authorized agent or that the owner has given consent under an option agreement.
(c)
Letters directed to the Chairman of the Board and signed by a responsible official of the lighting agency, water company, and of any other utility company or governmental authority or district which provides accessory utility service and has jurisdiction in the area, approving each proposed utility installation design and stating who will construct the facility so that the service will be available prior to occupancy.
(d)
A statement from the Township Engineer that he is in receipt of a map showing all utilities in exact location and elevation, that he has examined the drainage plan and found that the interests of the Township and of neighboring properties are protected and that he has identified those portions of any utilities already installed and those to be installed. The applicant shall certify in writing to the Board that he has:
(e)
A statement from the Township Engineer that all improvements installed prior to application have been inspected as provided in § 142-85 and that such improvements meet the requirements of the Township. Any improvements installed prior to application for final approval that do not meet or exceed Township standards shall be factored into the required performance guaranty. Where applicable, an as-built map, showing the exact location of all improvements, including utilities and their elevations, shall be required.
(f)
A statement from the Technical Review Committee as to the conformity of the submission with the requirements of this chapter.
C.
Action by Township.
(1)
The Land Use Board shall take action on a final major site plan or subdivision application within 45 days after the application has been certified complete by the administrative officer or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.
[Amended 7-20-2022 by Ord. No. 2022-27]
(2)
If the Board acts favorably on the final submission, the Chairman and the Secretary of the Board (or the acting Chairman and Secretary where either or both may be absent) and the Municipal Engineer shall affix their signatures to at least 12 copies of the plat or plan with a notation that it has been approved. The applicant shall furnish such copies to the Board for signing. In the case of final subdivisions only, the applicant shall include at least five Mylar copies of the approved plat.
(3)
After approval of the final plat or plan by the Board, copies of the signed plat or plan shall be furnished by the Secretary of the Board to each of the following within 10 days from the date of such approval:
(a)
Zoning Officer: Mylar or linen if applicable.
(b)
Construction Official and Zoning Officer.
(c)
Township Engineer: Mylar or linen if applicable.
(d)
Township Tax Assessor.
(e)
Board files: Mylar or linen if applicable.
(f)
The applicant: Mylar or linen if applicable.
(g)
Such other municipal, county, regional, state or federal agencies or officials as directed by the Board, including, where applicable, the Federal Aviation Administration and the Delaware and Raritan Canal Commission.
(4)
Within 95 days of the date of approval by the Board of a final subdivision plat, the subdivider shall file a copy of same with the County Clerk. In the event of failure to file within 95 days, the approval of the major subdivision shall expire, and any further proceedings shall require the filing of a new sketch plat as in the first instance. The Board, for good cause shown, may extend the time for filing for an additional 95 days.
(5)
If the Board, after consideration and discussion of the final submission, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted setting forth the reasons for such rejection. One copy of the plat or plan and a resolution shall be returned to the applicant within 10 days of such determination.
D.
Effect of final approval. Final approval of a subdivision or site plan shall confer upon the applicant the following rights for a two-year period from the date of final approval:
(1)
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed.
(2)
If the developer has followed the standards prescribed for final approval, the Board may extend the period of protection for extensions of one year each, not exceeding three such extensions.
E.
Extension of rights of final approval in certain cases.
(1)
In the case of subdivisions and site plans involving planned village development, planned commercial development or cluster residential development of 50 acres or more or conventional subdivisions or site plans for 150 acres or more, the Board may grant the rights of final approval for such period of time longer than two years as shall be determined by the Board to be reasonable, taking into consideration:
(2)
The developer may apply for thereafter and the Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration:
Any application for development submitted before July 1, 1984, to a municipal agency pursuant to lawful authority may be continued at the option of the applicant, and the municipal agency shall have every power it possessed before July 1, 1984, in regard to any such application.
[Amended 7-21-2017 by Ord. No. 2017-12; 10-3-2018 by Ord. No. 2018-29; 11-14-2024 by Ord. No. 2024-40; 3-12-2026 by Ord. No. 2026-08]
A.
Introduction and applicability.
(1)
This section of the Code sets forth regulations regarding the very-low-, low- and moderate-income housing units in the Township of Robbinsville consistent with the provisions outlined in P.L. 2024, Chapter 2, including the amended Fair Housing Act ("FHA") at N.J.S.A. 52:27D-301 et seq., as well as the Department of Community Affairs, Division of Local Planning Services ("LPS"), at N.J.A.C. 5:99 et seq., statutorily upheld existing regulations of the now-defunct Council on Affordable Housing ("COAH") at N.J.A.C. 5:93 and 5:97,[1] the Uniform Housing Affordability Controls ("UHAC") at N.J.A.C. 5:80-26.1 et seq., and as reflected in the adopted municipal Fourth Round Housing Element and Fair Share Plan ("HEFSP").
[1]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016, and the provisions of N.J.A.C. 5:97 expired 6-2-2015.
(2)
This section is intended to ensure that very-low-, low- and moderate-income units ("affordable units") are created with controls on affordability over time and that very-low-, low- and moderate-income households shall occupy these units pursuant to statutory requirements. This section shall apply to all inclusionary developments, individual affordable units, and 100% affordable housing developments except where inconsistent with applicable law. Low-Income Housing Tax Credit financed developments shall adhere to the provisions set forth below in Subsection A(5)(c) below.
(3)
The Township of Robbinsville Planning Board has adopted a HEFSP pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1 et seq. The Fair Share Plan describes the ways the municipality shall address its fair share of very-low-, low- and moderate-income housing as approved by the Superior Court and documented in the Housing Element.
(4)
This section implements and incorporates the relevant provisions of the HEFSP and addresses the requirements of P.L. 2024, Chapter 2, the FHA, N.J.A.C. 5:99, NJ Supreme Court upheld COAH regulations at N.J.A.C. 5:93 and 5:97,[2] and UHAC at N.J.A.C. 5:80-26.1, as may be amended and supplemented.
[2]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016, and the provisions of N.J.A.C. 5:97 expired 6-2-2015.
(5)
Applicability.
(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 pursuant to the municipality's most recently adopted HEFSP.
(b)
This section shall apply to all developments that contain very-low-, low- and moderate-income housing units included in the Municipal HEFSP, including any unanticipated future developments that will provide very-low-, low- and moderate-income housing units.
(c)
Projects receiving federal Low Income Housing Tax Credit financing and are proposed for credit shall comply with the low/moderate split and bedroom distribution requirements, maximum initial rents and sales prices requirements, affirmative fair marketing requirements of UHAC at N.J.A.C. 5:80-26.16 and the length of the affordability controls applicable to such projects shall be not less than a 30-year compliance period plus a 15-year extended-use period, for a total of not less than 45 years.
B. 95/5 RESTRICTION ACCESSORY APARTMENTS ACT ADAPTABLE ADMINISTRATIVE AGENT AFFIRMATIVE MARKETING AFFIRMATIVE MARKETING PLAN AFFIRMATIVE MARKETING PROCESS OR PROGRAM AFFORDABILITY ASSISTANCE AFFORDABILITY AVERAGE AFFORDABLE AFFORDABLE HOUSING DEVELOPMENT AFFORDABLE HOUSING DISPUTE RESOLUTION PROGRAM or THE PROGRAM AFFORDABLE HOUSING MONITORING SYSTEM or AHMS AFFORDABLE HOUSING TRUST FUND or AHTF AFFORDABLE UNIT AGE-RESTRICTED HOUSING(1) (2) (3) AGENCY ASSISTED LIVING RESIDENCE BARRIER-FREE ESCROW BUILDER'S REMEDY CERTIFIED HOUSEHOLD CHOICE COAH or THE COUNCIL COMMISSIONER COMPLIANCE CERTIFICATION CONSTRUCTION COUNTY-LEVEL HOUSING JUDGE DCA and DEPARTMENT DEFICIENT HOUSING UNIT DEPARTMENT DEVELOPER DEVELOPMENT DEVELOPMENT FEE DISPUTE RESOLUTION PROGRAM DIVISION EMERGENT OPPORTUNITY EQUALIZED ASSESSED VALUE or EAV EQUITY SHARE AMOUNT EXCLUSIONARY ZONING LITIGATION EXIT SALE EXTENSION OF EXPIRING CONTROLS FAIR SHARE OBLIGATION FAIR SHARE PLAN FHA GREEN BUILDING STRATEGIES HMFA or THE AGENCY HOUSEHOLD INCOME HOUSING ELEMENT HOUSING REGION INCLUSIONARY DEVELOPMENT JUDGMENT OF COMPLIANCE or JUDGMENT FOR REPOSE LOW-INCOME HOUSEHOLD LOW-INCOME UNIT MAJOR SYSTEM MIXED USE DEVELOPMENT(1) (2) MODERATE-INCOME HOUSEHOLD MODERATE-INCOME UNIT MONI MUNICIPAL AFFORDABLE HOUSING TRUST FUND MUNICIPAL DEVELOPMENT FEE ORDINANCE MUNICIPAL HOUSING LIAISON or MHL NEW CONSTRUCTION NEW JERSEY AFFORDABLE HOUSING TRUST FUND NEW JERSEY HOUSING RESOURCE CENTER or HOUSING RESOURCE CENTER NON-EXEMPT SALE NON-RESIDENTIAL DEVELOPMENT(1) (2) (3) NON-RESIDENTIAL DEVELOPMENT FEE NONPROFIT ORDER FOR REPOSE PAYMENT IN LIEU OF CONSTRUCTING AFFORDABLE UNITS PERSON WITH A DISABILITY PRICE DIFFERENTIAL PRIOR ROUND UNIT(1) (a) (b) (c) (d) (2) (a) (b) PROGRAM PROSPECTIVE NEED QUALIFIED URBAN AID MUNICIPALITY RANDOM SELECTION PROCESS RCA ADMINISTRATOR RCA PROJECT PLAN RECEIVING MUNICIPALITY RECONSTRUCTION RECREATIONAL FACILITIES AND COMMUNITY CENTERS REGIONAL CONTRIBUTION AGREEMENT or RCA REGIONAL MEDIAN INCOME REHABILITATION RENT RESIDENTIAL DEVELOPMENT FEE RESTRICTED UNIT SPENDING PLAN STATE DEVELOPMENT AND REDEVELOPMENT PLAN or STATE PLAN SUPPORTIVE HOUSING HOUSEHOLD SUPPORTIVE HOUSING SPONSORING PROGRAM SUPPORTIVE HOUSING UNIT TRANSITIONAL HOUSING(1) (2) (3) (4) TREASURER UHAC UHORP UNIT TYPE VERY-LOW-INCOME HOUSEHOLD VERY-LOW-INCOME HOUSING VERY-LOW-INCOME UNIT VETERAN VETERANS' PREFERENCE WEATHERIZATION
Definitions. As used herein the following terms shall have the following meanings:
Means a deed restriction governing a restricted ownership unit that is part of a housing element that received substantive certification from COAH pursuant to N.J.A.C. 5:93,[3] as it was in effect at the time of the receipt of substantive certification, before October 1, 2001, or any other deed restriction governing a restricted ownership unit with a seller repayment option requiring 95% of the price differential to be paid to the municipality or an instrument of the municipality at the closing of a sale at market price.
Means a residential dwelling unit that provides complete independent living facilities with a private entrance for one or more persons, consisting of provisions for living, sleeping, eating, sanitation, and cooking, including a stove and refrigerator, and is located within a proposed preexisting primary dwelling, within an existing or proposed structure that is an accessory to a dwelling on the same lot, constructed in whole or part as an extension to a proposed or existing primary dwelling, or constructed as a separate detached structure on the same lot as the existing or proposed primary dwelling. Accessory apartments are also referred to as "accessory dwelling units."
Means the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
Means constructed in compliance with the technical design standards of the Barrier Free Subcode adopted by the Commissioner of Community Affairs pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and in accordance with the provisions of section 5 of P.L. 2005, c. 350 (N.J.S.A. 52:27D-123.15).
Means the entity approved by the Division responsible for the administration of affordable units, in accordance with N.J.A.C. 5:99-7, and UHAC at N.J.A.C. 5:80-26.15.
Means a regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.16.
Means the municipally adopted plan of strategies from which the administrative agent will choose to implement as part of the Affirmative Marketing requirements.
Means the actual undertaking of Affirmative Marketing activities in furtherance of each project with very-low-, low- and moderate-income units.
Means the use of funds to render housing units more affordable to low- and moderate-income households and includes, but is not limited to, down payment assistance, security deposit assistance, low interest loans, rental assistance, assistance with homeowners' association or condominium fees and special assessments, common maintenance expenses, and assistance with emergency repairs and rehabilitation to bring deed-restricted units up to code, pursuant to N.J.A.C. 5:99-2.5.
Means an average of the percentage of regional median income at which restricted units in an affordable development are affordable to low- and moderate-income households.
Means, in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth at N.J.A.C. 5:80-26.7 and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth at N.J.A.C. 5:80-26.13.
Means a development included in a municipality's housing element and fair share plan, and includes, but is not limited to, an inclusionary development, a municipally sponsored affordable housing project, or a 100% affordable development. This includes developments with affordable units on-site, off-site, or provided as a payment in lieu of construction only if such a payment-in-lieu option has been previously approved by the Program or Superior Court as part of the HEFSP. Payments in lieu of construction were invalidated per P.L. 2024, c. 2.
Refers to the dispute resolution program established pursuant to N.J.S.A. 52:27D-313.2.
Means the Department's cloud-based software application, which shall be the central repository for municipalities to use for reporting detailed information regarding affordable housing developments, affordable housing unit completions, and the collection and expenditures of funds deposited into the municipal affordable housing trust fund.
Means that non-lapsing, revolving trust fund established in DCA pursuant to N.J.S.A. 52:27D-320 and N.J.A.C. 5:43 to be the repository of all State funds appropriated for affordable housing purposes. All references to the "Neighborhood Preservation Nonlapsing Revolving Fund" and "Balanced Housing" mean the AHTF.
Means a housing unit proposed or developed pursuant to the Act, including units created with municipal affordable housing trust funds.
Means a housing unit that is designed to meet the needs of, and is exclusively for, an age-restricted segment of the population such that:
All the residents of the development where the unit is situated are 62 years or older;
At least 80% of the units are occupied by one person that is 55 years or older; or
The development has been designated by the Secretary of HUD as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
Means the New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
Means a facility licensed by the New Jersey Department of Health to provide apartment-style housing and congregate dining and to ensure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor. Apartment units must offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette, and a lockable door on the unit entrance.
Means the holding of funds collected to adapt affordable unit entrances to be accessible in accordance with N.J.S.A. 52:27D-311a et seq. Such funds shall be held in a municipal affordable housing trust fund pursuant to N.J.A.C. 5:99-2.6.
Means court-imposed site-specific relief for a litigant who seeks to build affordable housing for which the court requires a municipality to utilize zoning techniques, such as mandatory set-asides or density bonuses, including techniques which provide for the economic viability of a residential development by including housing that is not for low- and moderate-income households.
Means a household that has been certified by an administrative agent as a very-low-income household, a low-income household, or a moderate-income household.
Means the no-longer-active Choices in Homeownership Incentives for Everyone Program, as it was authorized by the Agency.
Means the Council on Affordable Housing established in, but not of, DCA pursuant to the Act and that was abolished effective March 20, 2024, pursuant to section 3 at P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1).
Means the Commissioner of the Department of Community Affairs.
Means the certification obtained by a municipality pursuant to section 3 of P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1), that protects the municipality from exclusionary zoning litigation during the current round of present and prospective need and through July 1 of the year the next round begins, which is also known as a "judgment of compliance" or "judgment of repose." The term "compliance certification" shall include a judgment of repose granted in an action filed pursuant to section 13 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-313).
Means new construction and additions, but does not include alterations, reconstruction, renovations, conversion, relocation, or repairs, as those terms are defined in the State Uniform Construction Code promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
Means a judge appointed pursuant to section 5 at P.L. 2024, c. 2, to resolve disputes over the compliance of municipal fair share affordable housing obligations and municipal Fair Share plans and housing elements with the Act.
Mean the State of New Jersey Department of Community Affairs.
Means a housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load bearing structural systems.
Means the New Jersey Department of Community Affairs.
Means the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
Means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement 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 the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
Means money paid by a developer for the improvement of residential and non-residential property as permitted pursuant to N.J.S.A. 52:27D-329.2 and 40:55D-8.1 through 40:55D-8.7 and N.J.A.C. 5:99-3.
Means the Affordable Housing Dispute Resolution Program, established pursuant to section 5 at P.L. 2024, c. 2 (N.J.S.A. 52:27D-313.2).
Means the Division of Local Planning Services within the Department of Community Affairs.
Means a circumstance that has arisen whereby affordable housing will be able to be produced through a delivery mechanism not originally contemplated by or included in a fair share plan that has been the subject of a compliance certification.
Means the assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with sections 1, 5, and 6 at P.L. 1973, c. 123 (N.J.S.A. 54:1-35a, 54:1-35b, and 54:1-35c). Estimates at the time of building permit may be obtained by the tax assessor using construction cost estimates. Final EAV shall be determined at project completion by the municipal assessor.
Means the product of the price differential and the equity share, with the equity share being the whole number of years that have elapsed since the last non-exempt sale of a restricted ownership unit, divided by 100, except that the equity share may not be less than 5% and may not exceed 30%.
Means litigation challenging the fair share plan, housing element, ordinances, or resolutions that implement the fair share plan or housing element of a municipality based on alleged noncompliance with the Act or the Mount Laurel doctrine, which litigation shall include, but shall not be limited to, litigation seeking a builder's remedy.
Means the first authorized non-exempt sale of a restricted unit following the end of the control period, which sale terminates the affordability controls on the unit.
Means extending the deed restriction period on units where the controls will expire in the current round of a housing obligation, so that the total years of a deed restriction is at least 60 years.
Means the total of the present need and prospective need, including prior rounds, as determined by the Affordable Housing Dispute Resolution Program, or a court of competent jurisdiction.
Means the plan or proposal, with accompanying ordinances and resolutions, by which a municipality proposes to satisfy its constitutional obligation to create a realistic opportunity to meet its fair share of low- and moderate-income housing needs of its region and which details the affirmative measures the municipality proposes to undertake to achieve its fair share of low- and moderate-income housing, as provided in the municipal housing element, and which addresses the development regulations necessary to implement the housing element, including, but not limited to, inclusionary requirements and development fees, and the elimination of unnecessary housing cost-generating features from the municipal land use ordinances and regulations.
Means the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
Means the strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
Means the New Jersey Housing and Mortgage Finance Agency established pursuant to P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
Means a household's gross annual income calculated in a manner consistent with the determination of annual income pursuant to section 8 of the United States Housing Act of 1937 (Section 8), not in accordance with the determination of gross income for Federal income tax liability.
Means the portion of a municipality's master plan adopted in accordance with the Municipal Land Use Law (MLUL) at N.J.S.A. 40:55D-28b(3) and the Act consisting of reports, statements proposals, maps, diagrams, and text designed to meet the municipality's fair share of its region's present and prospective housing needs, particularly with regard to low- and moderate-income housing, which shall include the municipal present and prospective obligation for affordable housing, determined pursuant to subsection f at N.J.S.A. 52:27D-304.1.
Means a geographic area established pursuant to N.J.S.A. 52:27D-304.2b.
Means a residential housing development in which a substantial percentage of the housing units are provided for a reasonable income range of low- and moderate-income households.
Means a determination issued by the Superior Court approving a municipality's fair share plan to satisfy its affordable housing obligation for a particular 10-year round.
Means a household with a household income equal to 50% or less of the regional median income.
Means a restricted unit that is affordable to a low-income household.
Means the primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include but are not limited to weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load bearing structural systems.
Means any development that includes both a non-residential development component and a residential development component, and shall include developments for which:
There is a common developer for both the residential development component and the non-residential development component, provided that, for purposes of this definition, multiple persons and entities may be considered a common developer if there is a contractual relationship among them obligating each entity to develop at least a portion of the residential or non-residential development, or both, or otherwise to contribute resources to the development; and
The residential and non-residential developments are located on the same lot or adjoining lots, including, but not limited to, lots separated by a street, a river, or another geographical feature.
Means a household with a household income in excess of 50% but less than 80% of the regional median income.
Means a restricted unit that is affordable to a moderate-income household.
Means the no-longer-active Market Oriented Neighborhood Investment Program, as it was authorized by the Agency.
Means a separate, interest-bearing account held by a municipality for the deposit of development fees, payments in lieu of constructing affordable units on sites zoned for affordable housing previously approved prior to March 20, 2024 (per P.L. 2024, c. 2), barrier-free escrow funds, recapture funds, proceeds from the sale of affordable units, rental income, repayments from affordable housing program loans, enforcement fines, unexpended RCA funds remaining from a completed RCA project, application fees, and any other funds collected by the municipality in connection with its affordable housing programs, which shall be used to address municipal low- and moderate-income housing obligations within the time frames established by the Legislature and this chapter.
Means an ordinance adopted by the governing body of a municipality that authorizes the collection of development fees.
Means an appointed municipal employee who is, pursuant to N.J.A.C. 5:99-6, responsible for oversight and/or administration of the affordable units created within the municipality.
Means the creation of a new housing unit under regulation by a code enforcement official regardless of the means by which the unit is created. Newly constructed units are evidenced by the issuance of a certificate of occupancy and may include new residences created through additions and alterations, adaptive reuse, subdivision, or conversion of existing space, and moving a structure from one location to another.
Means an account established pursuant to N.J.S.A. 52:27D-320.
Means the online affordable housing listing portal, or its successor, overseen by the Agency pursuant to N.J.S.A. 52:27D-321.3 et seq.
Means any sale or transfer of ownership of a restricted unit to one's self or to another individual other than the transfer of ownership between spouses or civil union partners; the transfer of ownership between former spouses or civil union partners 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.
Means:
Any building or structure, or portion thereof, including, but not limited to, any appurtenant improvements, which is designated to a use group other than a residential use group according to the State Uniform Construction Code, N.J.A.C. 5:23, promulgated to effectuate the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., including any subsequent amendments or revisions thereto;
Hotels, motels, vacation timeshares, and child-care facilities; and
The entirety of all continuing care facilities within a continuing care retirement community which is subject to the Continuing Care Retirement Community Regulation and Financial Disclosure Act, N.J.S.A. 52:27D-330 et seq.
Means the fee authorized to be imposed pursuant to N.J.S.A. 40:55D-8.1 through 40:55D-8.7.
Means an organization granted nonprofit status in accordance with section 501(c)(3) of the Internal Revenue Code.
Means the protection a municipality has from a builder's remedy lawsuit for a period of time from the entry of a judgment of compliance by the Superior Court. A judgment of compliance often results in an order for repose.
Means the prior approval of the payment of funds to the municipality by a developer when affordable units are not produced on a site zoned for an inclusionary development. The statutory permission for payments in lieu of constructing affordable units was eliminated per P.L. 2024, c. 2.
Means a person with a physical disability, infirmity, malformation, or disfigurement which is caused by bodily injury, birth defect, aging, or illness including epilepsy and other seizure disorders, and which shall include, but not be limited to, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impairment, the inability to speak or a speech impairment, or physical reliance on a service animal, wheelchair, or other remedial appliance or device.
Means the difference between the controlled sale price of a restricted unit and the contract price at the exit sale of the unit, determined as of the date of a proposed contract of sale for the unit. If there is no proposed contract of sale, the price differential is the difference between the controlled sale price of a restricted unit and the appraised value of the unit as if it were not subject to UHAC, determined as of the date of the appraisal. If the controlled sale price exceeds the contract price or, in the absence of a contract price, the appraised value, the price differential is zero dollars.
Means a housing unit that addresses a municipality's fair share obligation from a round prior to the fourth round of affordable housing obligations, including any unit that:
Received substantive certification from COAH;
Is part of a third-round settlement agreement or judgment of compliance approved by a court of competent jurisdiction, inclusive of units created pursuant to a zoning designation adopted as part of the settlement agreement or judgment of compliance to create a realistic opportunity for development;
Otherwise addresses a municipality's fair share obligation from a round prior to the fourth round of affordable housing obligations.
A unit created after the enactment of P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1) on March 20, 2024, is not a prior round unit unless:
It is created pursuant to a prior round development plan or zoning designation that received COAH or court approval on or before the cutoff date of June 30, 2025, or the date that the municipality adopts the implementing ordinances and resolutions for the fourth round of affordable housing obligations, whichever occurs sooner; and
Its siting and creation are consistent with the form of the prior round development plan or zoning designation in effect as of the cutoff date, without any amendment or variance.
Means the Affordable Housing Dispute Resolution Program, established pursuant to section 5 of P.L. 2024, c. 2 (N.J.S.A. 52:27D-313.2).
Means a projection of housing needs based on development and growth which is reasonably likely to occur in a region or a municipality, as the case may be, as a result of actual determination of public and private entities. Prospective need shall be determined by the methodology set forth pursuant to sections 6 and 7 of P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.2 and N.J.S.A. 52:27D-304.3) for the fourth round and all future rounds of housing obligations.
Means a municipality that meets the criteria established pursuant to N.J.S.A. 52:27D-304.3.c(1).
Means a lottery process by which currently income-eligible applicant-households are selected, at random, for placement in affordable housing units such that no preference is given to one applicant over another, except in the case of a veterans' preference where such an agreement exists; for purposes of matching household income and size with an appropriately priced and sized affordable unit; or another purpose allowed pursuant to N.J.A.C. 5:80-26.7(k)3. This definition excludes any practices that would allow affordable housing units to be leased or sold on a first-come, first-served basis.
Means an appointed municipal employee who is responsible for oversight and/or administration of affordable units and associated revenues and expenditures within the municipality that were funded through regional contribution agreements.
Means a past application, submitted by a receiving municipality in an RCA, delineating the manner in which the receiving municipality intended to create or rehabilitate low- and moderate-income housing.
Means, for the purposes of an RCA, a municipality that contractually agreed to assume a portion of another municipality's fair share obligation.
Means any project where the extent and nature of the work is such that the work area cannot be occupied while the work is in progress and where a new certificate of occupancy is required before the work area can be reoccupied, pursuant to the Rehabilitation Subcode of the Uniform Construction Code, N.J.A.C. 5:23-6. Reconstruction shall not include projects comprised only of floor finish replacement, painting or wallpapering, or the replacement of equipment or furnishings. Asbestos hazard abatement and lead hazard abatement projects shall not be classified as reconstruction solely because occupancy of the work area is not permitted.
Means any indoor or outdoor buildings, spaces, structures, or improvements intended for active or passive recreation, including, but not limited to, ballfields, meeting halls, and classrooms, accommodating either organized or informal activity.
Means a contractual agreement, pursuant to the Act, into which two municipalities voluntarily entered into and was approved by COAH and/or Superior Court prior to July 18, 2008, to transfer a portion of a municipality's affordable housing obligation to another municipality within its housing region.
Means the median income by household size for an applicable housing region, as calculated annually in accordance with N.J.A.C. 5:80-26.3.
Means the repair, renovation, alteration, or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
Means 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. With respect to units in assisted living residences, rent does not include charges for food and services.
Means money paid by a developer for the improvement of residential property as permitted pursuant to N.J.S.A. 52:27D-329.2 and N.J.A.C. 5:99-3.2.
Means a dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of this section but does not include a market-rate unit that was financed pursuant to UHORP, MONI, or CHOICE.
Means a method of allocating funds contained in an affordable housing trust fund account, which includes, but is not limited to, development fees collected and to be collected pursuant to an approved municipal development fee ordinance, or pursuant to N.J.S.A. 52:27D-329.1 et seq., for the purpose of meeting the housing needs of low- and moderate-income individuals.
Means the plan prepared pursuant to sections 1 through 12 of the "State Planning Act," P.L. 1985, c. 398 (N.J.S.A. 52:18A-196 et al.), designed to represent a balance of development and conservation objectives best suited to meet the needs of the State, and for the purpose of coordinating planning activities and establishing Statewide planning objectives in the areas of land use, housing, economic development, transportation, natural resource conservation, agriculture and farmland retention, recreation, urban and suburban redevelopment, historic preservation, public facilities and services, and intergovernmental coordination pursuant to subsection f of section 5 of P.L. 1985, c. 398 (N.J.S.A. 52:18A-200).
Means a very-low-, low- or moderate-income household certified as income eligible by an administrative agent in accordance with N.J.A.C. 5:80-26.14, in which at least one member is an individual who requires supportive services to maintain housing stability and independent living and who is part of a population identified by federal or state statute, regulation, or program guidance as eligible for supportive or special needs housing. Such populations include, but are not limited to: persons with intellectual or developmental disabilities, persons with serious mental illness, person with head injuries (as defined in Section 2 of P.L. 1977), persons with physical disabilities or chronic health conditions, persons who are homeless as defined by the U.S. Department of Housing and Urban Development at 24 CFR Part 578, survivors of domestic violence, youth aging out of foster care, and other special needs populations recognized under programs administered by the U.S. Department of Housing and Urban Development, the Low-Income Housing Tax Credit Program, the McKinney—Vento Act, or the New Jersey Department of Human Services. A supportive housing household may include family members, unrelated individuals, or live-in aides, provided that the household meets the income eligibility requirements of this section, except that in the case of unrelated individuals not operating as a family unit, income eligibility shall be tested on an individual basis rather than in the aggregate; the unit is leased or sold subject to the affordability controls established herein; and the supportive services available to the household are designed to promote housing stability, independent living, and community integration. The determination of whether unrelated individuals are operating as a family unit shall be made based on the applicant's self-identification of household members on the affordable housing application.
Means grant or loan program which provided financial assistance to the development of the unit.
Means a restricted rental unit, as defined by N.J.S.A. 34:1B-21.24, that is affordable to very-low-, low- or moderate-income households and is reserved for occupancy by a supportive housing household. Supportive housing units are also referred to as permanent supportive housing units.
Means temporary housing that:
Includes, but is not limited to, single-room occupancy housing or shared living and supportive living arrangements;
Provides access to on-site or off-site supportive services for very-low-income households who have recently been homeless or lack stable housing;
Is licensed by the department; and
Allows households to remain for a minimum of six months.
Means the Treasurer of the State of New Jersey.
Means the Uniform Housing Affordability Controls set forth at N.J.A.C. 5:80-26.
Means the Agency's Urban Homeownership Recovery Program, as it was authorized by the Agency Board.
Means type of dwelling unit with various building standards including but not limited to single-family detached, single-family attached/townhouse, stacked townhouse (attached building containing two units each with separate entrances), duplex (detached building containing two units each with separate entrances), triplex (3 units each with separate entrance), quadplex (four units each with separate entrance), multifamily/flat (two or more units with a shared entrance). Inclusion of a garage, or not, shall not define the unit type.
Means a household with a household income less than or equal to 30% of the regional median income.
Means housing affordable according to the Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to 30% or less of the median gross household income for households of the same size within the housing region in which the housing is located.
Means a restricted unit that is affordable to a very-low-income household.
Means a veteran as defined at N.J.S.A. 54:4-8.10.
Means the agreement between a municipality and a developer or residential development owner that allows for low- to moderate-income veterans to be given preference for up to 50% of rental units in relevant projects, as provided for at N.J.S.A. 52:27D-311j.
Means building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors and is considered a major system for rehabilitation.
[3]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.
C.
Monitoring and reporting requirements.
(1)
The municipality shall comply with the following monitoring and reporting requirements regarding the status of the implementation of its court-approved Housing Element and Fair Share Plan:
(a)
The municipality shall provide electronic monitoring data with the Department pursuant to P.L. 2024, Chapter 2, and N.J.A.C. 5:99 through the Affordable Housing Monitoring System (AHMS). All monitoring information required to be made public by the FHA shall be available to the public on the Department's website at https://www.nj.gov/dca/dlps/hss/MuniStatusReporting.shtml.
(b)
On or before February 15 of each year, the municipality shall provide annual reporting of its municipal Affordable Housing Trust Fund activity to the Department on the AHMS portal. The reporting shall include an accounting of all municipal Affordable Housing Trust Fund activity, including the sources and amounts of funds collected and the amounts and purposes for which any funds have been expended, for the previous year from January 1 to December 31.
(c)
On or before February 15 of each year, the annual reporting of the status of all affordable housing activity shall be provided to the Department on the AHMS portal, for the previous year from January 1 to December 31.
D.
New Construction (per N.J.A.C. 5:93[4] as may be updated per various sections in N.J.A.C. 5:97[5] and N.J.S.A. 52:27D-301 et seq.). Per the definition of "New Construction," this section governs the creation of new affordable housing units regardless of the means by which the units are created. Newly constructed units may include new residences constructed or created through other means.
(1)
The following requirements shall apply to all new or planned developments that contain very-low-, low- and moderate-income housing units. To the extent possible, details related to the adherence to the requirements below shall be outlined in the resolution granting municipal subdivision or site plan approval of the project to assist municipal representatives, developers and Administrative Agents.
(2)
Completion Schedule (previously known as phasing). Final site plan or subdivision approval shall be contingent upon the affordable housing development meeting the following completion schedule for very-low-, low- and moderate-income units whether developed in a single-phase development, or in a multi-phase development:
Maximum Percentage of Market-Rate Units Issued a Temporary or Final Certificate of Occupancy | Minimum Percentage of Affordable Units Issued a Temporary or Final Certificate of Occupancy |
|---|---|
25% + 1 unit | 10% |
50% | 50% |
75% | 75% |
90% | 100% |
(3)
Design. The following design requirements apply to affordable housing developments, excluding prior round units.
(a)
Design of 100% affordable developments:
[1]
Restricted units must meet the minimum square footage required for the number of inhabitants for which the unit is marketed and the minimum square footage required for each bedroom, as set forth in the Neighborhood Preservation Balanced Housing rules at N.J.A.C. 5:43-2.4.
[2]
Each bedroom in each restricted unit must have at least one window.
[3]
Restricted units must include adequate air conditioning and heating.
(b)
Design of developments comprising market-rate rental units and restricted rental units. The following does not apply to prior round units, unless stated otherwise.
[1]
Restricted units must use the same building materials and architectural design elements (for example, plumbing, insulation, or siding) as market-rate units of the same unit type (for example, flat or town-home) within the same development, except that restricted units and market-rate units may use different interior finishes. This shall apply to prior round units.
[2]
Restricted units and market-rate units within the same affordable development must be sited such that restricted units are not concentrated in less desirable locations.
[3]
Restricted units may not be physically clustered so as to segregate restricted and market-rate units within the same development or within the same building, but must be interspersed throughout the development, except that age-restricted and supportive housing units may be physically clustered if the clustering facilitates the provision of on-site medical services or on-site social services. Prior round affordable units shall be integrated with market rate units to the extent feasible.
[4]
Residents of restricted units must be offered the same access to communal amenities as residents of market-rate units within the same affordable development. Examples of communal amenities include, but are not limited to, community pools, fitness and recreation centers, playgrounds, common rooms and outdoor spaces, and building entrances and exits. This shall apply to prior round units.
[5]
Restricted units must include adequate air conditioning and heating and must use the same type of cooling and heating sources as market-rate units of the same unit type. This shall apply to prior round units.
[6]
Each bedroom in each restricted unit must have at least one window.
[7]
Restricted units must be of the same unit type as market-rate units within the same building.
[8]
Restricted units and bedrooms must be no less than 90% of the minimum size prescribed by the Neighborhood Preservation Balanced Housing rules at N.J.A.C. 5:43-2.4.
(c)
Design of developments containing for-sale units, including those with a mix of rental and for-sale units. Restricted rental units shall meet the requirements of Subsection D(3)(b) above. Restricted sale units shall comply with the below:
[1]
Restricted units must use the same building standards as market-rate units of the same unit type (for example, flat, townhome, or single-family home), except that restricted units and market-rate units may use different interior finishes. This shall apply to prior round units.
[2]
Restricted units may be clustered, provided that the buildings or housing product types containing the restricted units are integrated throughout the development and are not concentrated in an undesirable location or in undesirable locations. Prior round affordable units shall be integrated with market rate units to the extent feasible.
[3]
Restricted units may be of different unit housing product types than market-rate units, provided that there is a restricted option available for each market rate housing type. Developments containing market-rate duplexes, townhomes, and/or single-family homes shall offer restricted housing options that also include duplexes, town-homes, and/or single-family homes. Penthouses and higher priced end townhouses may be exempt from this requirement. The proper ratio for restricted to market-rate unit type shall be subject to municipal ordinance or, if not specified, shall be determined at the time of site plan approval.
[4]
Restricted units must meet the minimum square footage required for the number of inhabitants for which the unit is marketed and the minimum square footage required for each bedroom, as set forth in the Neighborhood Preservation Balanced Housing rules at N.J.A.C. 5:43-2.4.
[5]
Penthouse and end units may be reserved for market-rate sale, provided that the overall number, value, and distribution of affordable units across the development is not negatively impacted by such reservation(s).
[6]
Residents of restricted units must be offered the same access to communal amenities as residents of market-rate units within the same affordable development. Examples of communal amenities include, but are not limited to, community pools, fitness and recreation centers, playgrounds, common rooms and outdoor spaces, and building entrances and exits. This shall apply to prior round units.
[7]
Each bedroom in each restricted unit must have at least one window.
[8]
Restricted units must include adequate air conditioning and heating.
(4)
Utilities.
(a)
Affordable units shall utilize the same type of cooling and heating source as market-rate units within the affordable housing development.
(b)
Tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance in accordance with N.J.A.C. 5:80-26.13(e).
(5)
Low/moderate split and bedroom distribution.
(a)
Affordable units 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.
(b)
In each affordable housing development, at least 50% of the restricted units within each bedroom distribution shall be designated as very-low- or low-income units. Any fractional unit resulting from this calculation may be rounded to the nearest whole number. The municipality has chosen to allow rounding.
(c)
Within rental developments, of the total number of affordable rental units, at least 13%, rounded up to the nearest whole number, shall be affordable to very-low-income households. The very-low-income units shall be distributed between each bedroom count as proportionally as possible, to the nearest whole unit, to the total number of restricted units within each bedroom count, and counted as part of the required number of low-income units within the development.
(d)
Affordable housing developments that are not age-restricted or supportive housing shall be structured such that:
[1]
At a minimum, the number of bedrooms within the restricted units equals twice the number of restricted units;
[2]
Two-bedroom and/or three-bedroom units compose at least 50% of all restricted units;
[3]
The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total number of low- and moderate-income units. Any fractional unit resulting from this calculation shall be rounded down to the nearest whole number. The municipality has chosen to not allow rounding up.
[4]
At least 30% of all low- and moderate-income units shall be two-bedroom units. Any fractional unit resulting from this calculation may be rounded to the nearest whole number. The municipality has chosen to allow rounding.
[5]
At least 30% of all low- and moderate-income units shall be two-bedroom units. Any fractional unit resulting from this calculation may be rounded to the nearest whole number. The municipality has chosen to allow rounding.
[6]
The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.
(e)
Affordable housing developments that are age-restricted or supportive housing, except those supportive housing units whose sponsoring program determines the unit arrangements, shall be structured such that, at a minimum, the number of bedrooms shall equal the number of age-restricted or supportive housing low- and moderate-income units within the inclusionary development. Supportive housing units whose sponsoring program determines the unit arrangement shall comply with all requirements of the sponsoring program. The standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit. In affordable housing developments with 20 or more restricted units that are age-restricted or supportive housing, two-bedroom units must comprise at least 5% of those restricted units.
(6)
Accessibility requirements.
(a)
Any new construction shall be adaptable; however, elevators shall not be required in any building or within any dwelling unit for the purpose of compliance with this section. In buildings without elevator service, only ground floor dwelling units shall be required to be constructed to conform with the technical design standards of the Barrier Free Subcode. "Ground floor" means the first floor with a dwelling unit or portion of a dwelling unit, regardless of whether that floor is at grade. A building may have more than one ground floor.
(b)
Notwithstanding the exemption for townhouse dwelling units in the Barrier Free Subcode, the first floor of all townhouse dwelling units and of all other multi-floor dwelling units that are attached to at least one other dwelling unit shall be subject to the technical design standards of the Barrier Free Subcode and shall include the following features:
[1]
An adaptable toilet and bathing facility on the first floor;
[2]
An adaptable kitchen on the first floor;
[3]
An interior accessible route of travel however an interior accessible route of travel shall not be required between stories;
[4]
An adaptable room that can be used as a bedroom, with a door, or the casing for the installation of a door that is compliant with the Barrier Free Subcode, on the first floor;
[5]
If not all of the foregoing requirements in Subsection D(6)(b)[1] through [4] can be satisfied, then an interior accessible route of travel shall be provided between stories within an individual unit; and
[6]
An accessible entranceway as set forth in P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that the municipality has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:
[a]
Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.
[b]
To this end, the builder of restricted units shall deposit funds within the Affordable Housing Trust Fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.
[c]
The funds deposited shall be expended for the sole purpose of making the adaptable entrance of an affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
[d]
The developer of the restricted units shall submit to the Construction Official a design plan and cost estimate for the conversion from adaptable to accessible entrances.
[e]
Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meets the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Affordable Housing Trust Fund and earmarked appropriately.
[7]
Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is "site-impracticable" to meet the requirements. If full compliance with this section would be site impracticable, compliance with this section for any portion of the dwelling shall be required to the extent that it is not site impracticable. Determinations of site impracticability shall comply with the Barrier Free Subcode at N.J.A.C. 5:23-7.
E.
Affordable housing programs.
(1)
Pursuant to amended UHAC regulations at N.J.A.C. 5:80-26.1 et seq. and, in addition, pursuant to P.L. 2024, c. 2, and specifically to the amended FHA at N.J.S.A. 52:27D-311m, "All parties shall be entitled to rely upon regulations on municipal credits, adjustments, and compliance mechanisms adopted by the Council on Affordable Housing unless those regulations are contradicted by statute, including but not limited to P.L. 2024, c. 2, or binding court decisions." The following are many of the main provisions of the COAH regulations at either N.J.A.C. 5:93 or 5:97[6] that have been upheld by the NJ Supreme Court. Municipalities should consult the cited full COAH regulations when preparing the HEFSP for required documentation, etc. Additional compliance details may also be included in the specific municipal program manual.
[6]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016, and the provisions of N.J.A.C. 5:97 expired 6-2-2015.
(2)
Rehabilitation Programs (per N.J.A.C. 5:93-5.2 with updated provisions herein per N.J.A.C. 5:97-6.2 related to credit towards a municipal present need obligation).[7]
(a)
The rehabilitation program shall be designed to renovate deficient housing units occupied or intended to be occupied by very-low-, 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. 5:28-1.1 et seq. or the Rehabilitation Subcode, N.J.A.C. 5:23-6, to the extent applicable.
(b)
Both ownership and rental units shall be eligible for rehabilitation funds.
(c)
All rehabilitated units shall remain affordable to very-low-, low- and moderate-income households for a period of 10 years (the control period). For owner-occupied units, the control period shall be enforced with a mortgage and note and for renter-occupied units the control period will be enforced with a deed restriction.
(d)
The municipality shall dedicate a minimum average hard cost of $10,000 for each unit to be rehabilitated through this program and in addition shall dedicate associated rehabilitation program soft costs such as case management, inspection fees and work write-ups.
(e)
The municipality shall designate, subject to the approval of the Department, one or more Administrative Agents to administer the rehabilitation program in accordance with P.L. 2024, Chapter 2. The Administrative Agent(s) shall provide rehabilitation manuals for ownership and rental rehabilitation programs. Manuals shall be adopted by resolution of the governing body. Both rehabilitation manuals shall be available for public inspection in the office of the Municipal Clerk and on the municipal affordable housing web page.
(f)
Households determined to be very-low-, low-, or moderate-income may participate in a rehabilitation program. Rehabilitated units shall be exempt from the very-low-income requirements, low/mod split, and bedroom distribution requirements of UHAC, but shall be administered in accordance with the following:
[1]
If a unit is vacant at the time of rehabilitation, or if a rehabilitated unit becomes vacant and is re-rented before the expiration of the affordability controls, the deed restriction shall require that the unit be rented to a low- or moderate-income household at an affordable rent.
[2]
If a rental unit is occupied by a tenant at the time rehabilitation is completed, the rent charged after rehabilitation shall not exceed the lesser of the tenant's current rent or the maximum rent permitted under UHAC.
[3]
Rents in rehabilitated units may increase annually based on the standards in UHAC.
[4]
At the time of application, applicant households and/or tenant households shall be subject to income eligibility determinations in accordance with UHAC.
[7]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016, and the provisions of N.J.A.C. 5:97 expired 6-2-2015.
(3)
Accessory Apartment program (per N.J.A.C. 5:93-5.9 as may be updated per various sections in N.J.A.C. 5:97-6.8).[8]
(a)
An accessory apartment program shall provide low- and moderate-income units or may be limited to only low- or only moderate-income units.
(b)
Per N.J.A.C. 5:97-6.8(c)1, at the time of initial occupancy of the unit and for at least 10 years thereafter, the accessory apartment shall be rented only to income eligible households consistent with the income category and rent structure of the unit.
(c)
Rents of accessory apartments shall be established for low-income units and shall be affordable to households earning no more than 44% of median income.
(d)
There shall be a recorded deed or declaration of covenants and restrictions applied to the property upon which the accessory apartment is located running with the land and limiting its subsequent rental for the duration of the control period.
(e)
The municipal accessory apartment program shall not restrict the number of bedrooms in any accessory apartment.
(f)
Per N.J.A.C. 5:97-6.8(b)2, the municipality shall provide a minimum of $25,000 per unit to subsidize the creation of each low-income accessory apartment or $20,000 per unit to subsidize the creation of each moderate-income accessory apartment. Subsidy may be used to fund actual construction costs and/or to provide compensation for reduced rental rates.
[8]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016, and the provisions of N.J.A.C. 5:97 expired 6-2-2015.
(4)
Market to Affordable program (per N.J.A.C. 5:97-6.9).[9]
(a)
The market-to-affordable program permits the purchase or subsidization of unrestricted units through a mortgage write-down provided to an income-certified buyer or through a sale or rental as a low-income unit to an income-eligible household. The market-to-affordable program shall be limited to the production of low-income units.
(b)
At the time they are offered for sale or rental, eligible units may be new, pre-owned or vacant.
(c)
The units shall be certified to be in sound condition as a result of an inspection performed by a licensed building inspector.
(d)
A minimum subsidy of $25,000 per moderate-income unit and/or $30,000 per low-income unit shall be provided, with additional subsidy depending on the market prices or rents in a municipality.
(f)
Affordability average (N.J.A.C. 5:80-26.4); however:
[1]
The maximum rent for a moderate-income unit shall be affordable to households earning no more than 60% of median income and the maximum rent for a low-income unit shall be affordable to households earning no more than 44% of median income; and
[2]
The maximum sales price for a moderate-income unit shall be affordable to households earning no more than 70% of median income and the maximum sales price for a low-income unit shall be affordable to households earning no more than 40% of median income.
[9]
Editor's Note: The provisions of N.J.A.C. 5:97 expired 6-2-2015.
(5)
Extension of Controls Program (for ownership units per N.J.A.C. 5:97-6.14 and UHAC at N.J.A.C. 5:80-26.6(h) through (k) and (m); and for rental units per N.J.A.C. 5:97-6.14 and N.J.A.C. 5:80-26.12(h) through (k)).[10]
(a)
An extension of affordability controls program is established to maintain and extend the affordability of deed restricted units scheduled to come out of their affordability control period, subject to N.J.A.C. 5:97-6.14 and UHAC, including the following:
[1]
The affordable unit meets the criteria for prior cycle (April 1, 1980, to December 15, 1986) or post December 15, 1986, credits set forth in N.J.A.C. 5:97.
[2]
The affordability controls for the unit are scheduled to expire in the current round; or in the next round of housing obligations if the municipal election to extend controls is made no earlier than one year before the end of the current round.
[3]
The municipality shall obtain a continuing certificate of occupancy or a certified statement from the municipal building inspector stating that the restricted unit meets all code standards.
[4]
If a unit requires repair and/or rehabilitation work in order to receive a continuing certificate of occupancy or certified statement from the municipal building inspector, the municipality shall fund and complete the work.
[5]
The municipality shall adhere to the process for extending controls pursuant to UHAC for extending ownership units and rental units, either inclusionary or 100% affordable developments.
[6]
The deed restriction for the extended control period shall be filed with the County Clerk.
[10]
Editor's Note: The provisions of N.J.A.C. 5:97 expired 6-2-2015.
(6)
Assisted Living Residence (per N.J.A.C. 5:97-6.11).[11]
(a)
An assisted living residence is a facility licensed by the New Jersey Department of Health to provide apartment-style housing and congregate dining and to assure that assisted living services are available. All or a designated number of apartments in the facility shall be restricted to low- and moderate-income households.
(b)
The unit of credit shall be the apartment. However, a two-bedroom apartment shall be eligible for two units of credit if it is restricted to two unrelated individuals.
(c)
A recipient of a Medicaid waiver shall automatically qualify as a low- or moderate-income household.
(d)
Assisted living units are considered age-restricted housing in a HEFSP and shall be included with the maximum number of units that may be age-restricted.
(e)
Low- and moderate-income residents cannot be charged any upfront fees.
(f)
The units shall comply with UHAC with the following exceptions:
[1]
Affirmative marketing (N.J.A.C. 5:80-26.16); provided that the units are restricted to recipients of Medicaid waivers;
[2]
The deed restriction may be on the facility, rather than individual apartments or rooms;
[3]
Low/moderate income split and affordability average (N.J.A.C. 5:80-26.4); only if all of the affordable units are affordable to households at a maximum of 60% of median income.
(g)
Tenant income eligibility (N.J.A.C. 5:80-26.14); up to 80% of an applicant's gross income may be used for rent, food and services based on occupancy type and the affordable unit must receive the same basic services as required by the Agency's underwriting guidelines and financing policies. The cost of non-housing related services shall not exceed one and two-thirds times the rent established for each unit.
[11]
Editor's Note: The provisions of N.J.A.C. 5:97 expired 6-2-2015.
(7)
Supportive Housing and Group Homes (per N.J.A.C. 5:97-6.10).[12]
(a)
The following provisions shall apply to group homes, residential health care facilities, and supportive shared living housing:
[1]
Units are subject to Affirmative Marketing requirements, household certification, and administrative agent oversight; and may, with the approval of the municipal housing liaison and the administrative agent, be leased either by the bedroom or to a single household in the case of multi-bedroom configurations, provided such arrangement is consistent with the Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968).
[2]
Units may, with the approval of the administrative agent, be subject to a master lease by an approved supportive housing operator, provided that all subleases are to be certified supportive housing households and remain fully subject to the affordability controls of this section. Rents for supportive housing units shall not exceed the rent standards established and published by the New Jersey Department of Human Services.
[3]
The unit of credit shall be the bedroom. However, the unit of credit shall be the unit if occupied by a single person or household.
[4]
Housing that is age-restricted shall be included with the maximum number of units that may be age-restricted pursuant to the Act.
[5]
Occupancy shall not be restricted to youth under 18 years of age.
[6]
In affordable developments with 20 or more restricted units that are supportive housing, two-bedroom units must compose at least 5% of those restricted units.
[7]
The bedrooms and/or units shall comply with UHAC with the following exceptions:
[a]
Affirmative marketing; however, group homes, residential health care facilities, permanent supportive housing, and supportive shared living housing shall be affirmatively marketed to broadest possible population of qualified individuals with special needs in accordance with a plan approved by the sponsoring program;
[b]
Affordability average and bedroom distribution (N.J.A.C. 5:80-26.4).
[8]
With the exception of units established with capital funding through a 20-year operating contract with the Department of Human Services, Division of Developmental Disabilities, group homes, residential health care facilities, supportive shared living housing and permanent supportive housing shall have the appropriate controls on affordability in accordance with the Act. In the event that a supportive housing provider is unable to record or execute a long-term deed restriction, the units shall be subject to annual recertification by the Municipal Housing Liaison to confirm continued occupancy and compliance with this section.
[9]
Objective standards shall be applied in the selection of tenants for supportive housing units and shall be designed to ensure that individuals are not excluded in an arbitrary or capricious manner.
[10]
The following documentation shall be submitted by the sponsor to the municipality prior to marketing the completed units or facility:
[b]
If applicable, proof that the supportive and/or special needs housing is regulated by the New Jersey Department of Health and Senior Services, the New Jersey Department of Human Services or another State agency in accordance with the requirements of this section, which includes validation of the number of bedrooms or units in which low- or moderate-income occupants reside.
[11]
The sponsor/owner shall complete annual monitoring as directed by the MHL.
[12]
Editor's Note: The provisions of N.J.A.C. 5:97 expired 6-2-2015.
F.
Regional income limits.
(1)
Administrative agents shall use the current regional income limits for the purpose of pricing affordable units and determining income eligibility of households.
(2)
Regional income limits are based on regional median income, which is established by a regional weighted average of the "median family incomes" published by HUD. The procedure for computing the regional median income is detailed in N.J.A.C. 5:80-26.3.
(3)
Updated regional income limits are effective as of the effective date of the regional Section 8 income limits for the year, as published by HUD, or 45 days after HUD publishes the regional Section 8 income limits for the year, whichever comes later. The new income limits may not be less than those of the previous year.
G.
Maximum initial 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 N.J.A.C. 5:80-26.4.
(2)
The average rent for all restricted units within each affordable housing development shall be affordable to households earning no more than 52% of regional median income.
(3)
The maximum rent for restricted rental units within each affordable housing development shall be affordable to households earning no more than 60% of regional median income.
(4)
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 households earning no more than 30% of median income. These very-low-income units shall be part of the low-income requirement and very-low-income units should be distributed between each bedroom count as proportionally as possible, to the nearest whole unit, to the total number of restricted units within each bedroom count.
(5)
The maximum sales price of restricted ownership units within each affordable housing development shall be affordable to households earning no more than 70% of median income, and each affordable housing development must achieve an affordability average that does not exceed 55% for all restricted ownership units. In achieving this affordability average, moderate-income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type when the number of low- and moderate-income units permits.
(6)
The master deeds and declarations of covenants and restrictions for affordable developments may not distinguish between restricted units and market-rate units in the calculation of any condominium or homeowner association fees and special assessments to be paid by low- and moderate-income purchasers and those to be paid by market-rate purchasers. Notwithstanding the foregoing sentence, condominium units subject to a municipal ordinance adopted before December 20, 2004, which ordinance provides for condominium or homeowner association fees and/or assessments different from those provided for in this subsection, are governed by the ordinance.
(7)
In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted family units, the following standards shall be met:
(a)
A studio or efficiency unit shall be affordable to a one-person household;
(b)
A one-bedroom unit shall be affordable to a one-and-one-half-person household;
(c)
A two-bedroom unit shall be affordable to a three-person household;
(d)
A three-bedroom unit shall be affordable to a four-and-one-half-person household; and
(e)
A four-bedroom unit shall be affordable to a six-person household.
(8)
In determining the initial rents and sales prices for compliance with the affordability average requirements for restricted units in assisted living facilities and age-restricted and special needs and supportive housing developments, the following standards shall be met:
(a)
A studio or efficiency unit shall be affordable to a one-person household;
(b)
A one-bedroom unit shall be affordable to a one-and-one-half-person household; and
(c)
A two-bedroom unit shall be affordable to a two-person household or to two one-person households. Where pricing is based on two one-person households, the developer shall provide a list of units so priced to the Municipal Housing Liaison and the Administrative Agent.
(9)
The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the FreddieMac 30-Year Fixed Rate-Mortgage rate of interest), property taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 30% of the eligible monthly income of the appropriate size household as determined pursuant to N.J.A.C. 5:80-26.7, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.4, as may be amended and supplemented.
(10)
The initial rent for a restricted rental unit shall be calculated so that the total monthly housing expense, including an allowance for tenant-paid utilities, does not exceed 30% of the gross monthly income of a household of the appropriate size whose income is targeted to the applicable percentage of median income for the unit, as determined pursuant to N.J.A.C. 5:80-26.3, as may be amended and supplemented. The rent shall also comply with the affordability average requirement of N.J.A.C. 5:80-26.4, as may be amended and supplemented. The initial rent for a restricted rental unit shall be calculated so the eligible monthly housing expenses/income, including an allowance for tenant-paid utilities, does not exceed 30% of gross income of and the appropriate household size as determined pursuant to N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(11)
At the anniversary date of the tenancy of the certified household occupying a restricted rental unit, following proper notice provided to the occupant household pursuant to N.J.S.A. 2A: 18-61.1f, the rent may be increased to an amount commensurate with the annual percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U), specifically U.S. Bureau of Labor Statistics Series CUUR0100SAH, titled "Housing in Northeast urban, all urban consumers, not seasonally adjusted." Rent increases for units constructed pursuant to Low-Income Housing Tax Credit regulations shall be indexed pursuant to the regulations governing Low-Income Housing Tax Credits.
H.
Affirmative marketing.
(1)
The municipality shall adopt, by resolution, an Affirmative Marketing Plan, subject to approval of the Superior Court, compliant with N.J.A.C. 5:80-26.16, as may be amended and supplemented.
(2)
The Affirmative Marketing Plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age, or number of children, to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The Affirmative Marketing Plan is intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward Housing Region 4 and is required to be followed throughout the period of deed restriction.
(3)
The Affirmative Marketing Plan provides the following preferences, provided that units that remain unoccupied after these preferences are exhausted may be offered to households without regard to these preferences.
(a)
Where the municipality has entered into an agreement with a developer or residential development owner to provide a preference for very-low-, low-, and moderate-income veterans who served in time of war or other emergency, pursuant to N.J.S.A. 52:27D-311j, there shall be a preference for veterans for up to 50% of the restricted rental units in a particular project.
(b)
There shall be a regional preference for all households that live and/or work in Housing Region 4 comprising Mercer, Monmouth, and Ocean counties.
(c)
Subordinate to the regional preference, there shall be a preference for households that live and/or work in New Jersey.
(d)
With respect to existing restricted units undergoing approved rehabilitation for the purpose of preservation or to restricted units newly created to replace existing restricted units undergoing demolition, a preference for the very-low-, low-, and moderate-income households that are displaced by the rehabilitation or demolition and replacement.
(4)
The municipality has the ultimate responsibility for adopting the Affirmative Marketing Plan and for the proper administration of the Affirmative Marketing Process, including the marketing of initial sales and rentals and resales and re-rentals. The Administrative Agent designated by the municipality shall implement the Affirmative Marketing Process to ensure the Affirmative Marketing of all affordable units, with the exception of affordable programs that are exempt from Affirmative Marketing as noted herein.
(5)
The Affirmative Marketing Process shall describe the media to be used in advertising and publicizing the availability of housing. In implementing the Affirmative Marketing Process, the Administrative Agent shall consider the use of language translations where appropriate.
(6)
Applications for affordable housing or notices thereof, if offered online, shall be available in several locations, including, at a minimum, the County Administration Building and/or the County Library for each county within the housing region; the municipal administration building and municipal library in the municipality in which the units are located; and the developer's rental or sales office. The developer shall mail applications to prospective applicants upon request and shall make applications available through a secure online website address.
(7)
In addition to other Affirmative Marketing strategies, the Administrative Agent shall provide specific notice of the availability of affordable housing units on the New Jersey Housing Resource Center website. Any other entities, including developers or persons or companies retained to implement the Affirmative Marketing Process, shall comply with this paragraph.
(8)
In implementing the Affirmative Marketing Process, 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.
(9)
The Affirmative Marketing Process for available affordable units shall begin at least four months (120 days) prior to the expected date of occupancy.
(10)
The cost to affirmatively market the affordable units shall be the responsibility of the developer, sponsor or owner, with the exception of Affirmative Marketing for resales.
J.
Occupancy standards.
(1)
In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the Administrative Agent shall strive to:
(a)
Ensure each bedroom is occupied by at least one person, except for age-restricted and supportive and special needs housing units;
(b)
Provide a bedroom for every two adult occupants;
(c)
With regard to occupants under the age of 18, accommodate the household's requested arrangement, except that such arrangement may not result in more than two occupants under the age of 18 occupying any bedroom; and
(d)
Avoid placing a one-person household into a unit with more than one bedroom.
K.
Control periods for restricted ownership units and enforcement mechanisms.
(1)
Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.6, as may be amended and supplemented, and each restricted ownership unit shall remain subject to the controls on affordability for a period of at least 30 years subject to the requirements of N.J.A.C. 5:80-26.6, as may be amended and supplemented.
(2)
Rehabilitated housing units that are improved to code standards shall be subject to affordability controls for a period of not less than 10 years (crediting towards present need only).
(3)
The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit. The date of commencement shall be identified in the deed restriction.
(4)
If existing affordability controls are being extended, the extended control period for a restricted ownership unit commences on the effective date of the extension, which is the end of the original control period.
(5)
After the end of any control period, the restricted ownership unit remains subject to the affordability controls set forth in this section until the owner gives notice of their intent to make an exit sale, at which point:
(a)
If the municipality exercises the right to extend the affordability controls on the unit, no exit sale occurs and a new control period commences; or
(b)
If the municipality does not exercise the right to extend the affordability controls on the unit, the affordability controls terminate following the exit sale.
(6)
Prior to the issuance of any building permit for the construction/rehabilitation of restricted ownership units, the developer/owner and the municipality shall record a preliminary instrument provided by the Administrative Agent.
(7)
Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each successive sale during the period of restricted ownership, the Administrative Agent shall determine the restricted price for the unit and shall also determine the nonrestricted, fair market value of the unit based on either an appraisal or the unit's equalized assessed value without the restrictions in place.
(8)
At the time of the initial sale of the unit and upon each successive price-restricted sale, the initial purchaser shall execute and deliver to the Administrative Agent a recapture note obliging 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.
(9)
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 pricerestricted ownership units.
L.
Price restrictions for restricted ownership units and resale prices.
(1)
Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.7, as may be amended and supplemented, including:
(a)
The initial purchase price and affordability percentage for a restricted ownership unit shall be set by the Administrative Agent.
(b)
The Administrative Agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the standards set forth in N.J.A.C. 5:80-26.7.
[1]
If the resale occurs prior to the one-year anniversary of the date on which title to the unit was transferred to a certified household, the maximum resale price is the most recent non-exempt purchase price.
[2]
If the resale occurs on or after such anniversary date, the maximum resale price is the most recent non-exempt purchase price increased to reflect the cumulative annual percentage increases to the regional median income, effective as of the same date as the regional median income calculated pursuant to N.J.A.C. 5:80-26.3.
(c)
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:
[1]
Those that render the unit suitable for a larger household or the addition of a bathroom.
[2]
The maximum resale price may be further increased by an amount up to the cumulative dollar value of approved capital improvements made after the last non-exempt sale for improvements and/or upgrades to the unit, excluding capital improvements paid for by the entity favored on the recapture note and recapture lien described at N.J.A.C. 5:80-26.6(d);
(d)
No increase for capital improvements is permitted if the maximum resale price prior to adjusting for capital improvements already exceeds whatever initial purchase price the unit would have if it were being offered for purchase for the first time at the initial affordability percentage. All adjustments for capital improvements are subject to 10-year, straight-line depreciation.
(2)
Upon the resale of a restricted ownership unit, all items of property that are permanently affixed to the unit or were included when the unit was initially restricted (for example, refrigerator, range, washer, dryer, dishwasher, wall-to-wall carpeting) shall be included in the maximum allowable resale price. Other items may be sold to the purchaser at a reasonable price that has been approved by the Administrative Agent at the time of the signing of the agreement to purchase but shall be separate and apart from any contract of sale for the underlying real estate. 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 of the air conditioning equipment, which shall be subject to 10-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 seller 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.
M.
Buyer income eligibility.
(1)
Buyer income eligibility for restricted ownership units shall be established pursuant to N.J.A.C. 5:80-26.17, as may be amended and supplemented, such that very-low-income ownership units shall be reserved for occupancy by households with a gross household income less than or equal to 30% of median income, low-income ownership units shall be reserved for occupancy by households with a gross household income less than or equal to 50% of median income and moderate-income ownership units shall be reserved for occupancy by households with a gross household income less than 80% of median income.
(2)
Notwithstanding the foregoing, the Administrative Agent may, upon approval by the municipality, and subject to the Division's approval, permit a moderate-income purchaser to buy a low-income unit if and only if the Administrative Agent can demonstrate that there is an insufficient number of eligible low-income purchasers in the housing region to permit prompt occupancy of the unit and all other reasonable efforts to attract a low-income purchaser, including pricing and financing incentives, have failed. Any such low-income unit that is sold to a moderate-income household shall retain the required pricing and pricing restrictions for a low-income unit. Similarly, the administrative agent may permit low-income purchasers to buy very-low-income units in housing markets where, as determined by the Division, units are reserved for very-low-income purchasers, but there is an insufficient number of very-low-income purchasers to permit prompt occupancy of the units. In such instances, the purchased unit must be maintained as a very-low-income unit and sold at a very-low-income price point such that on the next resale the unit will still be affordable to very-low-income households and able to be purchased by a very-low-income household. A very-low-income unit that is seeking bonus credit pursuant to N.J.S.A. 52:27D-311k(9) must first be advertised exclusively as a very-low-income unit according to the Affirmative Marketing requirements at N.J.A.C. 5:80-26.16, then advertised as a very-low-income or low-income unit for at least 30 additional days prior to referring any low-income household to the unit.
(3)
A certified household that purchases a restricted ownership unit must occupy it as the certified household's principal residence and shall not lease the unit; provided, however, that the Administrative Agent may permit the owner of a restricted ownership unit, upon application and a showing of hardship, to lease the restricted unit to another certified household for a period not to exceed one year.
(4)
The Administrative Agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, property taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 35% of the household's eligible monthly income; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:
(a)
The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for housing expenses, and the proposed housing expenses will reduce its housing costs;
(b)
The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for housing expenses in the past and has proven its ability to pay; or
(c)
The household is currently in substandard or overcrowded living conditions;
(d)
The household documents the existence of assets, within the asset limitation otherwise applicable, with which the household proposes to supplement the rent payments.
N.
Limitations on indebtedness secured by ownership unit; subordination.
(1)
Prior to incurring any indebtedness to be secured by a restricted ownership unit, the owner shall apply to the Administrative Agent for a determination in writing that the proposed indebtedness complies with the provisions of this section, and the Administrative Agent shall issue such determination prior to the owner incurring such indebtedness.
(2)
With the exception of original purchase money mortgages, neither an owner nor a lender shall at any time during the control period cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of that unit, as such price is determined by the Administrative Agent in accordance with N.J.A.C. 5:80-26.7(c).
O.
Control periods for restricted rental units.
(1)
Control periods for units that meet the definition of prior round units shall be pursuant to the 2001 UHAC rules originally adopted October 1, 2001, 33 N.J.R. 3432, and amended December 20, 2004, 36 N.J.R. 5713, and shall remain subject to the requirements of this section for a period of at least 30 years as applicable unless otherwise indicated.
(2)
Other than for prior round units, control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.12, 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 40 years. Restricted rental units created as part of developments receiving 9% Low-Income Housing Tax Credits must comply with a control period of not less than a 30-year compliance period plus a 15-year extended use period for a total of 45 years.
(3)
The affordability control period for a restricted rental unit shall commence on the first date that a unit is issued a certificate of occupancy following the execution of the deed restriction or, if affordability controls are being extended, on the effective date of the extension, which is the end of the original control period.
(4)
Rehabilitated renter-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of not less than 10 years.
(5)
Prior to the issuance of any building permit for the construction/rehabilitation of restricted rental units, the developer/owner and the municipality shall record a preliminary instrument provided by the Administrative Agent.
(6)
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. The deed restriction shall be recorded by the developer with the county records office, and provided as filed and recorded, to the Administrative Agent within 30 days of the receipt of a certificate of occupancy.
(7)
A restricted rental unit shall remain subject to the affordability controls of this section despite the occurrence of any of the following events:
(a)
Sublease or assignment of the lease of the unit;
(b)
Sale or other voluntary transfer of the ownership of the unit;
(c)
The entry and enforcement of any judgment of foreclosure on the property containing the unit; or
(d)
The end of the control period, until the occupant household vacates the unit, or is certified as over-income and the controls are released in accordance with UHAC.
P.
Rent restrictions for rental units; leases and fees.
(1)
The initial rent for a restricted rental unit shall be set by the Administrative Agent.
(2)
A written lease shall be required for all restricted rental units, except for units in an assisted living residence, and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be retained on file by the Administrative Agent.
(3)
No additional fees, operating costs, 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.
(a)
Operating costs, for the purposes of this section, include certificate of occupancy fees, move-in fees, move-out fees, mandatory internet fees, mandatory cable fees, mandatory utility submetering fees, and for developments with more than one and a half off-street parking spaces per unit, parking fees for one parking space per household.
(4)
Any fee structure that would remove or limit affordable unit occupant access to any amenities or services that are required or included for market-rate unit occupants is prohibited. Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit to be applied to the costs of administering the controls applicable to the unit as set forth in this section.
(5)
Fees for unit-specific, non-communal items that are charged to market-rate unit tenants on an optional basis, such as pet fees for tenants with pets, storage spaces, bicycle-share programs, or one-time rentals of party or media rooms, may also be charged to affordable unit tenants, if applicable.
(6)
Pet fees may not exceed $30 per month and associated one-time payments for optional fees pertaining to pets, such as a pet cleaning fee, are prohibited.
(7)
Fees charged to affordable unit tenants for other optional, unit-specific, non-communal items shall not exceed the amounts charged to market-rate tenants.
(8)
For any prior round rental unit leased before December 20, 2024, elements of the existing fee structure that are consistent with prior rules, but inconsistent with N.J.A.C. 5:80-26.13(c)1, may continue until the occupant household's current lease term expires or that occupant household vacates the unit, whichever occurs later.
Q.
Tenant income eligibility.
(1)
Tenant income eligibility shall be determined pursuant to N.J.A.C. 5:80-26.14, as may be amended and supplemented, and shall be determined as follows:
(a)
Very-low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of the regional median income by household size.
(b)
Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of the regional median income by household size.
(c)
Moderate-income rental units shall be reserved for households with a gross household income less than 80% of the regional median income by household size.
(2)
The Administrative Agent shall certify a household as eligible for a restricted rental unit when the household is a very-low-income, low-income or moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.17, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:
(a)
The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;
(b)
The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;
(c)
The household is currently in substandard or overcrowded living conditions;
(d)
The household documents the existence of assets with which the household proposes to supplement the rent payments; or
(e)
The household documents reliable anticipated third-party assistance from an outside source such as a family member in a form acceptable to the Administrative Agent and the owner of the unit.
R.
Municipal Housing Liaison.
(1)
The Municipal Housing Liaison shall be approved by municipal resolution.
(2)
The Municipal Housing Liaison shall be approved by the Division, or is in the process of getting approval, and fully or conditionally meets the requirements for qualifications, including initial and periodic training as set forth in N.J.A.C. 5:99-1 et seq.
(3)
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program, including the following responsibilities, which may not be contracted out to the Administrative Agent:
(a)
Serving as the primary point of contact for all inquiries from the Affordable Housing Dispute Resolution Program, the State, affordable housing providers, administrative agents and interested households.
(b)
The oversight of the Affirmative Marketing Plan and affordability controls.
(c)
When applicable, overseeing and monitoring any contracting Administrative Agent.
(d)
Overseeing the monitoring of the status of all restricted units listed in the Fair Share Plan.
(e)
Verifying, certifying and providing annual information within AHMS at such time and in such form as required by the Division.
(f)
Coordinating meetings with affordable housing providers and administrative agents, as needed.
(g)
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Division.
(h)
Overseeing the recording of a preliminary instrument in the form set forth at N.J.A.C. 5:80-26.1 for each affordable housing development.
(i)
Coordinating with the Administrative Agent, municipal attorney and municipal Construction Code Official to ensure that permits are not issued unless the document required in Subsection R(3)(h) above has been duly recorded.
(j)
Listing on the municipal website contact information for the MHL and Administrative Agents.
S.
Administrative agent.
(1)
All municipalities that have created or will create affordable housing programs and/or affordable units shall designate or approve, for each project within its HEFSP, an administrative agent to administer the affordable housing program and/or affordable housing units in accordance with the requirements of the FHA, N.J.A.C. 5:99-1 et seq. and UHAC.
(2)
The fees for administrative agents shall be paid as follows:
(a)
Administrative agent fees related to rental units shall be paid by the developer/owner.
(b)
Administrative agent fees related to the initial sale of units shall be paid by the developer.
(c)
Administrative agent fees related to resales shall be paid by the seller of the affordable home.
(d)
Administrative agent fees related to ongoing administration and enforcement shall be paid by the municipality.
(3)
An Operating Manual for each affordable housing program shall be provided by the Administrative Agent(s). The Operating Manual(s) shall be available for public inspection in the office of the Clerk and in the office(s) of the Administrative Agent(s). Operating manuals shall be adopted by resolution of the Governing Body.
(4)
Subject to the role of the Administrative Agent(s), the duties and responsibilities as are set forth in N.J.A.C. 5:99-7 and which are described in full detail in the Operating Manual, including those set forth in UHAC, include:
(a)
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Division;
(b)
Affirmative marketing:
[1]
Conducting an outreach process to affirmatively market affordable housing units in accordance with the Affirmative Marketing Plan of the municipality and the provisions of N.J.A.C. 5:80-26.16.
[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.
(c)
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 within five days of the determination thereof.
[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 the 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.
[6]
Employing a random selection process as provided in the Affirmative Marketing Plan when referring households for certification to affordable units.
(d)
Affordability controls.
[1]
Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for the recording at the time of conveyance of title of each restricted unit.
[2]
Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and filed properly with the County Register of Deeds or County Clerk's office after the termination of the affordability controls for each restricted unit in accordance with UHAC.
[3]
Communicating with lenders and the Municipal Housing Liaison regarding foreclosures.
[4]
Ensuring the issuance of Continuing Certificates of Occupancy or certifications pursuant to N.J.A.C. 5:80-26.11.
(e)
Records retention.
[1]
Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded recapture mortgage, and note, as appropriate.
[2]
Records received, retained, retrieved, or transmitted in furtherance of crediting affordable units of a municipality constitute public records of the municipality as defined by N.J.S.A. 47:3-16, and are legal property of the municipality.
(f)
Resales and re-rentals.
[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 re-rental.
[2]
Instituting and maintaining an effective means of communicating information to very-low-, low-, or moderate-income households regarding the availability of restricted units for resale or re-rental.
(g)
Processing requests from unit owners.
[1]
Reviewing and approving requests from owners of restricted units who wish to refinance or take out home equity loans during the term of their ownership to determine 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.
[4]
Making determinations on requests by owners of restricted units for hardship waivers.
(h)
Enforcement.
[1]
Securing annually from the municipality a list of all affordable ownership units for which property 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]
Sending annual mailings to all owners of affordable dwelling units reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.19(d)4;
[4]
Establishing a program for diverting unlawful rent payments to the municipal Affordable Housing Trust Fund; and
[5]
Creating and publishing a written operating manual for each affordable housing program administered by the Administrative Agent setting forth procedures for administering the affordability controls.
(i)
The Administrative Agent(s) shall, as delegated by the municipality, have the authority to take all actions necessary and appropriate to carry out its/their responsibilities, herein.
T.
Responsibilities of the owner of a development containing affordable units.
(1)
The owner of all developments containing affordable units subject to this section or the assigned management company thereof shall provide to the administrative agent:
(a)
Site plan, architectural plan, or other plan that identifies the location of each affordable unit, if subject to the site plan approval, settlement agreement, or other applicable document regulating the location of affordable units. The administrative agent shall determine the location of affordable units if not set forth in the site plan approval, settlement agreement, or other applicable document.
(b)
The total number of units in the project and the number of affordable units.
(c)
The breakdown of the affordable units by or identification of affordable unit locations by bedroom count and income level, including street addresses/unit numbers, if subject to the site plan approval, settlement agreement, or other applicable document regulating the breakdown of affordable units. The administrative agent shall determine the bedroom and income distribution if not set forth in the site plan approval, settlement agreement, or other applicable document.
(d)
Floor plans of all affordable units, including complete and accurate identification of all rooms and the dimensions thereof.
(e)
A projected construction schedule.
(f)
The location of any common areas and elevators.
(g)
The name of the person who will be responsible for official contact with the administrative agent for the duration of the project, which must be updated if the contact changes.
(2)
In addition to Subsection T(1) above, the owner of rental developments containing affordable rental units subject to this section or the assigned management company thereof shall:
(a)
Send to all current tenants in all restricted rental units an annual mailing containing a notice as to the maximum permitted rent and a reminder of the requirement that the unit must remain their principal place of residence, which is defined as residing in the unit at least 260 days out of each calendar year, together with the telephone number, mailing address, and email address of the administrative agent to whom complaints of excess rent can be issued.
(b)
Provide to the administrative agent a description of any applicable fees.
(c)
Provide to the administrative agent a description of the types of utilities and which utilities will be included in the rent.
(d)
Agree and ensure that the utility configuration established at the start of the rent-up process not be altered at any time throughout the restricted period.
(e)
Provide to the administrative agent a proposed form of lease for any rental units.
(f)
Ensure that the tenant selection criteria for the applicants for affordable units not be more restrictive than the tenant selection criteria for applicants for non-restricted units.
(g)
Strive to maintain the continued occupancy of the affordable units during the entire restricted period.
(3)
In addition to Subsection T(1) above, the owner of affordable for-sale developments containing affordable for-sale units subject to this section or the assigned management company thereof shall provide the administrative agent:
(a)
Proposed pricing for all units, including any purchaser options and add-on items.
(b)
Condominium or homeowner association fees and any other applicable fees.
(c)
Estimated real property taxes.
(d)
Sewer, water, trash disposal, and any other utility assessments.
(e)
Flood insurance requirement, if applicable.
(f)
The State-approved planned real estate development public offering statement and/or master deed, where applicable, as well as the full build-out budget.
U.
Enforcement of affordable housing regulations.
(1)
Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant, the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.
(2)
After providing written notice of a violation to an owner, developer or tenant of an affordable unit and advising the owner, developer or tenant of the penalties for such violations, the municipality may take the following action against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:
(a)
The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations governing the affordable housing unit. If the owner, developer or tenant is found by the Court to have violated any provision of the regulations governing affordable housing units the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the Court:
[1]
A fine of not more than $1,000 or imprisonment for a period not to exceed 90 days, or both, unless otherwise specified below, 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;
[2]
In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Affordable Housing Trust Fund of the gross amount of rent illegally collected;
[3]
In the case of an owner who has rented his or her affordable unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the Court.
(3)
The municipality shall have the authority to levy fines against the owner of the development for instances of noncompliance with NJHRC advertising requirements (N.J.S.A. 52:27D-321.6e(2)), following written notice to the owner. The fine for the first offense of noncompliance shall be $5,000, the fine for the second offense of noncompliance shall be $10,000, and the fine for each subsequent offense of noncompliance shall be $15,000.
(4)
The municipality may file a court action in the Superior Court seeking a judgment, which would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the low- or moderate-income unit.
(a)
Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the affordable unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating owner shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale.
(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- or 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 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 due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as they apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.
(d)
If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the municipality may acquire title to the affordable unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the affordable 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 that would have been realized from an actual sale as previously described.
(e)
Failure of the low- or moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the owner to accept an offer to purchase from any qualified purchaser that may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- or moderate-income unit as permitted by the regulations governing affordable housing units.
(f)
The affordable unit owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner.
(5)
It is the responsibility of the municipal housing liaison and the administrative agent(s) to ensure that affordable housing units are administered properly. All affordable units must be occupied within a reasonable amount of time and be released within a reasonable amount of time upon the vacating of the unit by a tenant. If an administrative agent or municipal housing liaison becomes aware of or suspects that a developer, landlord, or property manager has not complied with these regulations, it shall report this activity to the Division. The Division must notify the developer, landlord, or property manager, in writing, of any violation of these regulations and provide a 30-day cure period. If, after the 30-day cure period, the developer, landlord, or property manager remains in violation of any terms of this section, including by keeping a unit vacant, the developer, landlord, or property manager may be fined up to the amount required to construct a comparable affordable unit of the same size and the deed-restricted control period will be extended for the length of the time the unit was out of compliance, in addition to the remedies provided for in this section. For the purposes of this subsection, a reasonable amount of time shall presumptively be 60 days, unless a longer period of time is required due to demonstrable market conditions and/or failure of the municipal housing liaison or the administrative agent to refer a certified tenant.
(6)
Banks and other lending institutions are prohibited from issuing any loan secured by owner occupied real property subject to the affordability controls set forth in this section if such loan would be in excess of amounts permitted by the restriction documents recorded in the deed or mortgage book in the county in which the property is located. Any loan issued in violation of this subsection is void as against public policy.
(7)
The Agency and the Department hereby reserve, for themselves and for each administrative agent appointed pursuant to this section, all of the rights and remedies available at law and in equity for the enforcement of this section, including, but not limited to, fines, evictions, and foreclosures as approved by a county-level housing judge.
(8)
Appeals.
(a)
Appeals from all decisions of an administrative agent appointed pursuant to this section must be filed, in writing, with the municipal housing liaison. A decision by the municipal housing liaison may be appealed to the Division. A written decision of the Division Director upholding, modifying, or reversing an administrative agent's decision is a final administrative action.
V.
Development fees.
(1)
Purpose.
(a)
This subsection establishes standards for the collection, maintenance, and expenditure of development fees that are consistent with the amended Fair Housing Act (P.L. 2024, c. 2), N.J.A.C. 5:99, and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7). Fees collected pursuant to this section shall be used for the sole purpose of providing very-low-, low- and moderate-income housing in accordance with a Court-approved Spending Plan.
(3)
Residential development fees.
(a)
Imposed fees.
[1]
Residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1.5% of the equalized assessed value for residential development, provided no increased density is permitted. Development fees shall also be imposed and collected when an additional dwelling unit is added to an existing residential structure; in such cases, the fee shall be calculated based on the increase in the equalized assessed value of the property due to the additional dwelling unit.
[2]
When an increase in residential density is permitted pursuant to a "d" variance granted under N.J.S.A. 40:55D-70d(5), developers shall be required to pay a "bonus" development fee of 6.0% of the equalized assessed value for each additional unit that may be realized, except that this provision shall not be applicable to a development that will include affordable housing. If the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.
[3]
Example. If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1.5% of the equalized assessed value on the first two units; and the specified higher percentage of 6% of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.
(b)
Eligible exactions, ineligible exactions and exemptions for residential development.
[1]
Affordable housing developments, developments where the developer is providing for the construction of affordable units elsewhere in the municipality, and developments where the developer has made an eligible payment in lieu of on-site construction of affordable units, if permitted by ordinance, or by agreement with the municipality and if approved by a municipality prior to the statutory elimination of payments in lieu on March 20, 2024, per P.L. 2024, c. 2, shall be exempt from development fees.
[2]
Developments that have received preliminary or final site plan approval prior to the adoption of this section and any preceding ordinance permitting the collection of development fees shall be exempt from the payment of development fees, unless the developer seeks a substantial change in the original approval. Where a site plan approval does not apply, the issuance of a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for the purpose of determining the right to an exemption. In all cases, the applicable fee percentage shall be determined based upon the development fee ordinance in effect on the date that the construction permit is issued.
[3]
Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced, or is expanded, if the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.
[4]
No development fee shall be collected for the demolition and replacement of a residential building resulting from a fire or natural disaster.
(4)
Non-residential development fees.
(a)
Imposition of fees.
[1]
Within all zoning districts, non-residential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new non-residential construction on an unimproved lot or lots.
[2]
Within all zoning districts, non-residential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for non-residential purposes.
[3]
Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the pre-existing land and improvements and the equalized assessed value of the newly improved structure; i.e., land and improvements; and such calculation shall be made at the time a final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the non-residential development fee shall be zero.
(b)
Eligible exactions, ineligible exactions and exemptions for non-residential development.
[1]
The non-residential portion of a mixed-use inclusionary or market-rate development shall be subject to a 2.5% development fee, unless otherwise exempted below.
[2]
The 2.5% fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.
(c)
Non-residential developments shall be exempt from the payment of non-residential development fees in accordance with the exemptions required pursuant to the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7), as specified in Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption." Any exemption claimed by a developer shall be substantiated by that developer.
(d)
A developer of a non-residential development exempted from the non-residential development fee pursuant to the Statewide Non-Residential Development Fee Act shall be subject to the fee at such time as the basis for the exemption no longer applies, and shall make the payment of the non-residential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the non-residential development, whichever is later.
(e)
If a property that was exempted from the collection of a non-residential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid non-residential development fees under these circumstances may be enforceable by the municipality as a lien against the real property of the owner.
(5)
Collection procedures.
(a)
Upon the granting of a preliminary, final or other applicable approval for a development, the applicable approving authority shall direct its staff to notify the construction official responsible for the issuance of a building permit.
(b)
For non-residential developments only, the developer shall also be provided with a copy of Form N-RDF, "State of New Jersey Non-Residential Development Certification/Exemption," to be completed by the developer as per the instructions provided in the Form N-RDF. The construction official shall verify the information submitted by the non-residential developer as per the instructions provided on Form N-RDF. The tax assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
(c)
The construction official responsible for the issuance of a building permit shall notify the tax assessor of the issuance of the first construction permit for a development that is subject to a development fee.
(d)
Within 90 days of receipt of that notice, the tax assessor shall provide an estimate, based on the plans filed, of the equalized assessed value of the development.
(e)
The construction official responsible for the issuance of a final certificate of occupancy shall notify the tax assessor of any and all requests for the scheduling of a final inspection on property that is subject to a development fee.
(f)
Within 10 business days of a request for the scheduling of a final inspection, the tax assessor shall confirm or modify the previously estimated equalized assessed value of the improvements associated with the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.
(g)
Should the municipality fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b of section 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).
(h)
50% of the development fee shall be collected at the time of issuance of the construction permit. The remaining portion shall be collected at the time of issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at the time of issuance of the construction permit and that determined at the time of issuance of certificate of occupancy.
(6)
Appeal of development fees.
(a)
A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by that board, collected fees shall be placed in an interest-bearing escrow account by the municipality. Appeals from a determination of the board may be made to the Tax Court in accordance with the provisions of the State Uniform Tax Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
(b)
A developer may challenge non-residential development fees imposed by filing a challenge with the director of the Division of Taxation. Pending a review and determination by the director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by the municipality. Appeals from a determination of the director may be made to the Tax Court in accordance with the provisions of the State Uniform Tax Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
(7)
Affordable Housing Trust Fund.
(a)
A separate, interest-bearing Municipal Affordable Housing Trust Fund shall be maintained by the chief financial officer of the municipality for the purpose of depositing development fees collected from residential and non-residential developers and proceeds from the sale of units with extinguished controls.
(b)
The following additional funds shall be deposited in the Municipal Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:
[1]
Payments in lieu of on-site construction of an affordable unit, where previously permitted by ordinance or by agreement with the municipality and if approved by a municipality prior to the statutory elimination of payments in lieu on March 20, 2024, per P.L. 2024, c. 2;
[2]
Funds contributed by developers to make 10% of the adaptable entrances in a townhouse or other multistory attached dwelling unit development accessible;
[3]
Rental income from municipally operated units;
[4]
Repayments from affordable housing program loans;
[5]
Recapture funds;
[6]
Proceeds from the sale of affordable units; and
[7]
Any other funds collected in connection with the municipal affordable housing program including but not limited to interest earned on fund deposits.
(c)
The municipality shall provide the Division with written authorization, in the form of a tri-party escrow agreement(s) between the municipality, the Division and the financial institution in which the municipal affordable housing trust fund has been established to permit the Division to direct the disbursement of the funds as provided for in N.J.A.C. 5:99-2.1 et seq.
(d)
Occurrence of any of the following deficiencies may result in the Division requiring the forfeiture of all or a portion of the funds in the municipal Affordable Housing Trust Fund:
[1]
Failure to meet deadlines for information required by the Division in its review of a development fee ordinance;
[2]
Failure to commit or expend development fees within four years of the date of collection in accordance with N.J.A.C. 5:99-5.5;
[3]
Failure to comply with the requirements of the Non-Residential Development Fee Act and N.J.A.C. 5:99-3;
[4]
Failure to submit accurate monitoring reports pursuant to this section within the time limits imposed by the Act, this chapter, and/or the Division;
[5]
Expenditure of funds on activities not approved by the Superior Court or otherwise permitted by law;
[6]
Revocation of compliance certification or a judgment of compliance and repose;
[7]
Failure of a municipal housing liaison or administrative agent to comply with the requirements set forth at N.J.A.C. 5:99-6, 5:99-7, and 5:99-8;
[8]
Other good cause demonstrating that municipal affordable housing funds are not being used for an approved purpose.
(e)
All interest accrued in the housing trust fund shall only be used on eligible affordable housing purposes approved by the Court.
(8)
Use of funds.
(a)
The expenditure of all funds shall conform to a Spending Plan approved by Superior Court. Funds deposited in the municipal Affordable Housing Trust Fund may be used for any activity approved by the Court to address the fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls; housing rehabilitation; new construction of affordable housing units and related costs; accessory apartments; a market-to-affordable program; conversion of existing non-residential buildings to create new affordable units; green building strategies designed to be cost-saving and in accordance with accepted national or state standards; purchase of land for affordable housing; improvement of land to be used for affordable housing; extensions or improvements of roads and infrastructure to affordable housing sites; financial assistance designed to increase affordability; administration necessary for implementation of the Housing Element and Fair Share Plan; and/or any other activity permitted by Superior Court and specified in the approved Spending Plan.
(b)
Funds shall not be expended to reimburse the municipality or activities that occurred prior to the authorization of a municipality to collect development fees.
(c)
At least a portion of all development fees collected and interest earned shall be used to provide affordability assistance to very-low-, low- and moderate-income households in affordable units included in the municipal Fair Share Plan. A portion of the development fees which provide affordability assistance shall be used to provide affordability assistance to very-low-income households.
[1]
Affordability assistance programs may include down payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowners' association or condominium fees and special assessments, infrastructure assistance, and assistance with emergency repairs. The specific programs to be used for affordability assistance shall be identified and described within the Spending Plan.
[2]
Affordability assistance for very-low-income households may include producing very-low-income units or buying down the cost of low- or moderate-income units in the municipal Fair Share Plan to make them affordable to households earning 30% or less of median income.
(d)
No more than 20% of all affordable housing trust funds, exclusive of those collected to fund an RCA prior to July 17, 2008, shall be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultants' fees necessary to develop or implement a new construction program, prepare and implement a Housing Element and Fair Share Plan, administer an Affirmative Marketing Program and for compliance with the Superior Court and the Program including the costs to the municipality of resolving a challenge.
(9)
Monitoring.
(a)
On or before February 15 of each year, the municipality shall provide annual electronic data reporting of trust fund activity for the previous year from January 1 to December 31 through the AHMS Reporting System. This reporting shall include an accounting of all Municipal Affordable Housing Trust Fund activity, including the sources and amounts of all funds collected and the amounts and purposes for which any funds have been expended. Such reporting shall include an accounting of development fees collected from residential and non-residential developers, previously eligible payments in lieu of constructing affordable units on site (if permitted by ordinance or by agreement with the municipality prior to the March 20, 2024, statutory elimination per P.L. 2024, c. 4), funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income from municipally-owned affordable housing units, repayments from affordable housing program loans, interest and any other funds collected in connection with municipal housing programs, as well as an accounting of the expenditures of revenues and implementation of the Spending Plan approved by the Court.
(10)
Ongoing collection of fees.
(a)
The ability to impose, collect and expend development fees shall continue so long as the municipality retains authorization from the Court in the form of Compliance Certification or the good faith effort to obtain it.
(b)
If the municipality fails to renew its ability to impose and collect development fees prior to the expiration of its Judgment of Compliance, it may be subject to forfeiture of any or all funds remaining within its Affordable Housing Trust Fund. Any funds so forfeited shall be deposited into the New Jersey Affordable Housing Trust Fund established pursuant to section 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320).
(11)
Emergent affordable housing opportunities. Requests to expend affordable housing trust funds on emergent affordable housing opportunities not included in the municipal fair share plan shall be made to the Division and shall be in the form of a governing body resolution. Any request shall be consistent with N.J.A.C. 5:99-4.1.
The following procedure is to be employed in connection with requests for down payment assistance to qualified affordable housing buyers who lack sufficient funds for the necessary down payment to purchase an affordable housing unit:
A.
Applications for reimbursement shall be made by the previously qualified affordable housing buyer to the office of community services on the application form provided by said office. Said application shall be processed through the Housing and Redevelopment Board on referral from the Office of Community Services.
B.
Applicants shall be qualified upon satisfactory proof that their total liquid assets are less than 10% of the purchase price of the unit. Credits for closing costs provided by sellers to buyers shall not be considered part of the gross purchase price for purposes of the down payment assistance calculation.
C.
The maximum amount to be loaned to an applicant shall be 2% of the purchase price. The basis for the establishment of said maximum loan amount is due to established lending criteria regarding risk assessment in the making of loans.
D.
Interest shall accrue at a rate of 5% per annum and the principal and any accrued interest shall be paid at the time of transfer of the ownership of the unit. In the event a unit which is the subject of down payment assistance is found to be rented, the payment of the principal and interest shall immediately be due and payable to the Township.
E.
In the event a qualified unit purchaser owns the unit for a period of 10 years or more, the interest on the loan shall be forgiven and the only amount due and owing to the Township shall be for the principal balance.
F.
Upon closing of title to the unit the qualified purchaser shall execute a second mortgage and note to the Township as lender which will set forth the terms of the repayment program.
G.
The governing body shall establish by resolution an application fee to compensate for the time spent in reviewing and approving the application, and for review and approval of the appropriate closing documents as they relate to the Township.
H.
The down payment assistance program will be funded through the Affordable Housing Fee Program. Any repayments of loans shall be redeposited in said program account for future use for down payment assistance.
A.
General provisions. The planned unit residential development (PURD) option may be exercised only for noncontiguous parcels located within the Rural Residential and Town Center Districts, with a minimum of one lot within each respective zone. Applicants exercising the planned unit residential development (PURD) option shall submit an application that includes land within both the Rural Residential District and Town Center 1, 2 and/or 3 Overlay Districts in accordance with their respective requirements. Application for the PURD may only be made after the base grid for that portion of the Town Center Districts intended for importation of credits from the Rural Residential District has received preliminary subdivision approval from the board of jurisdiction. The applicant shall have secured through an equity interest all necessary credits for increasing the permitted density in the Town Center receiving area prior to final action being taken by the board of jurisdiction.
[Amended 11-14-2024 by Ord. No. 2024-40]
B.
Procedures and time periods for action. The board of jurisdiction shall act upon an application for a PURD in the same time and manner as for a preliminary major subdivision application pursuant to N.J.S.A. 40:55D-48. No action shall be taken upon the PURD application unless a complete submission has been made in accordance with Appendix D of this chapter.[1]
[Amended 11-14-2024 by Ord. No. 2024-40]
[1]
Editor's Note: Appendix D is on file in the Township offices.
C.
Findings for planned development. Prior to any approval of a planned unit residential development, the board of jurisdiction shall find the following facts and conclusions:
(1)
That departures by the proposed development from zoning regulations otherwise applicable to the subject properties conform to the Zoning Ordinance standards pursuant to N.J.S.A. 40:55D-65c;
(2)
That the proposals for the maintenance and conservation of common open space are reliable, and the amount, location and purpose of the common open space are adequate;
(3)
That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;
(4)
That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;
(5)
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and the residents, occupants and owners of the proposed development in the total completion of the development are adequate;
(6)
That the proposed planned development will have adequate public water and public sanitary sewer capacity for the intensity of development requested.
D.
Required conditions of approval. Any approval of a PURD shall be conditioned upon the following requirements:
(1)
Recording of development easement. A development easement shall be placed on all lands under which a noncontiguous transfer of credits is approved by the board of jurisdiction pursuant to the provisions of this section, excepting lots created in accordance with § 142-13L(9). The development easement shall prevent the further development of the parcel except as may be permitted pursuant to § 142-13L(8). The development easement shall run to the benefit of the Township of Robbinsville and may be assigned to another governmental entity or governmental or public agency upon action of the majority of the Township governing body, provided that a rescission clause shall be included requiring that ownership of said easement shall return to the Township should the land be diverted to any purpose other than farmland preservation, active and passive open space, or land to be conserved in its natural state. The development easement shall be subject to the review and approval of the board of jurisdiction attorney prior to recording with the office of the Mercer County Clerk. In the event that the Township creates a standardized form of development easement, said easement wording shall be utilized in any future recording.
(2)
Approval of receiving area plan. The use of credits transferred shall only be for an approved, or upon the approval of a, preliminary site plan or subdivision, as the case may be, for the additional units permitted to be constructed under the PURD approval.
E.
Effect of approval. The effect and rights of the approval of the PURD shall be as set forth in N.J.S.A. 40:55D-49 for preliminary major site plans and subdivisions or as set forth in N.J.S.A. 40:55D-52 for final major site plans and subdivisions, as the case may be. Within the time period so established, the applicant shall have the right to perfect the transfer of credits from the sending area to the receiving area as established in this section. Once the transfer of credits has occurred, the credits are permanently established until used for additional residential density in the Town Center.
F.
Recording of credits. The purchaser of transfer credits shall be obligated to present credible evidence of the transfer to the Municipal Clerk or other designee within 30 days of the transaction. Each and every day in which the transaction record has not been so transmitted to the Municipal Clerk within the specified time limit shall constitute a separate violation of the provisions of this section and enforceable by fine, imprisonment, and/or community service as otherwise provided herein. The Municipal Clerk shall so record the transaction in the Record of Transfer and annually in January provide a copy of the Record of Transfer to the Department of Planning/Zoning and the Tax Assessor's Office to be kept on file.
A.
Table of eligible development credits acquired by Township. The table attached hereto as Exhibit B[1] and made part hereof sets forth the parcels of land within the Rural Residential District which the Township has acquired and the development credits allocated to each parcel as determined by the calculations in § 142-13L(4) which are eligible for sale by the Township pursuant to this § 142-83.
[1]
Editor's Note: Exhibit B is on file in the Township offices.
B.
Township authority. The Township shall be empowered to sell development credits it has purchased or otherwise acquired prior to the effective date of this § 142-83 from landowners within the Rural Residential District calculated and shown on the table attached hereto as Exhibit B to landowners within the Town Center District. Only parcels located in the Town Center Districts as set forth in § 142-82A meeting all of the following criteria are eligible to receive development credits purchased from the Township pursuant to this § 142-83:
(1)
The Town Center District parcel to which the development credits are to be transferred is specifically designated in the Town Center District regulations to receive additional density as a result of the transfer of development rights.
(2)
The Town Center District parcel is the subject of a PURD plan incorporating the additional units that have received preliminary subdivision or preliminary site plan approval from the Land Use Board.
[Amended 7-20-2022 by Ord. No. 2022-27]
(3)
The Town Center District parcel contains existing on-tract roadway and utility infrastructure, or such infrastructure is either planned or under construction, specifically designed to accommodate the additional development resulting from the transfer of development credits.
C.
Sale by public auction. The Township shall sell the development credits it has acquired by open public sale at auction to the highest bidder so as not to substantially impair the private sale of the land or transfer of development rights created. The auction sale shall be conducted in accordance with N.J.S.A. 40A:12-13 as applicable. The Township shall fix a minimum price for the development credits which shall generally reflect market value of the development credits prior to adoption of this § 142-83 and based upon the Chesterfield Township public auction of development credits referenced in the preamble of Ordinance No. 2005-12. The invitation to bid shall impose the restrictions on use of the credits as set forth in Subsection B(1) to (3) hereof.
D.
Use of funds. Funds received by the Township resulting from the sale of development credits under this section shall be utilized for open space preservation purposes, including, but not limited to, the funding of a municipal development transfer bank, if any.