[Added 8-4-1986 by Ord. No. 9-1986]
Pursuant to the provisions of N.J.S.A. 40:55D-39 every application for development submitted to the Planning Board shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or, if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by said Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.
Copies of this chapter shall be available upon request and payment of a fee covering cost of preparation. It shall be the right of any applicant to request a meeting with the Planning Board to review his development concepts and/or the applicability of the regulations of this chapter.
[Added 1-27-1977 by Ord. No. 2-1977]
All applications and procedures for subdivision approval, both major and minor, shall be in accordance with the provisions of this chapter and in accordance with Chapter 34, Land Use Procedures, and in accordance with the provisions of the Municipal Land Use Law,[1] and in the event of conflict, the provisions of Chapter 34, Land Use Procedures, and of the Municipal Land Use Law shall supersede this chapter, and applications and procedures shall be in accordance with Chapter 34, Land Use Procedures, and Municipal Land Use Law.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A. 
Submission: Any owner of land within the Township shall, prior to subdividing or resubdividing land as defined in this chapter, submit to the Secretary of the Planning Board at least 30 days prior to the regular meeting of the Board 12 copies of the sketch plat and six copies of the sketch plat application of the proposed subdivision. The sketch plat and the sketch plat application shall meet the requirements of Article IV and shall be accompanied by the required fees as set forth in Article VII.
B. 
The Secretary of the Planning Board shall retain one copy of the plat for the Township files and immediately distribute copies of the plat to each of the following:
(1) 
The Township Clerk (one copy);
(2) 
The Township Engineer (one copy);
(3) 
The Building Inspector or Zoning Officer (one copy);
(4) 
The Tax Assessor (one copy);
(5) 
The County Planning Board (four copies), plus one copy of the sketch plat application;
(6) 
The Township Solicitor (one copy); and
(7) 
In the case of a subdivision any portion of which lies within 200 feet of an adjacent municipality, one copy to the Planning Board of that municipality.
C. 
Planning Board review: The Planning Board shall act upon a regularly submitted sketch plat within 45 days of the next regularly scheduled meeting after submission, taking one of the following actions:
(1) 
The Planning Board or the Subdivision Committee, when and if the Planning Board transfers that power, may classify and approve a minor subdivision. Those subdivisions not classified as minor shall go before the full Board which shall take action as set forth below.
(2) 
The Planning Board by a majority vote may classify the proposed subdivision as a major, minor or industrial subdivision.
(3) 
The Planning Board may, by a majority vote, disapprove the application and may request additional information or documentation prior to further consideration by the Board.
(4) 
The Planning Board may, by a majority vote, reject the application due to incompleteness or the lack of meeting a technical requirement of submission. If rejected for this reason, the applicant may once resubmit the additional information or modified application within 45 days without payment of additional fee.
D. 
If classified as a minor subdivision a notation to that effect will be made on the sketch plat.
E. 
Effect of approval. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of approval, provided that the minor subdivision was duly recorded as provided for in this subsection.
[Amended 6-15-1992 by Ord. No. 9-1992]
(1) 
Expiration of approval. The approval of a minor subdivision shall expire 190 days from the date of approval by the Board unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.) or a deed clearly describing the minor subdivision is filed by the applicant with the county recording officer, the Township Tax Assessor, and the Township Engineer. Any such plat or deed accepted for filing shall have been signed by both the Chairman or Chairwoman and Secretary of the approving Board. In reviewing the application for development of a proposed minor subdivision, the Board may be permitted to accept a plat not in conformity with the Map Filing Law, provided that if the developer so chooses to record the minor subdivision by plat rather than by deed, then such plat shall conform to the Map Filing Law.
(2) 
Extension of filing period. The Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed if the applicant proves to the reasonable satisfaction of the Board that the applicant was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities; and that the applicant applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The applicant may apply for the extension either before or after what would otherwise be the expiration date.
(3) 
Extension of approval. The Board shall grant an extension of minor subdivision approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the applicant proves to the reasonable satisfaction of the Board that the applicant was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the applicant applied promptly for and diligently pursued the required approvals. An applicant shall apply for the extension before what would otherwise be the expiration date of minor subdivision approval or the 91st day after the applicant receives the last legally required approval from other governmental entities, whichever occurs later.
F. 
If disapproved by Planning Board: If approval is denied by the Planning Board, the Planning Board Secretary shall return the sketch plat, together with a letter from the Chairman of the Planning Board, stating the reasons for denial and listing any additional actions, information or documentation which will be required of the applicant prior to further consideration by the Planning Board.
G. 
If classified as a major subdivision or industrial subdivision: If classified as a major subdivision or an industrial subdivision a notation to that effect shall be made on the sketch plat which shall be returned by the Secretary of the Planning Board to the applicant for compliance with the procedural requirements of §§ 192-10, 192-11 and 192-12 of this chapter.
H. 
Expiration of classification: All classifications shall expire six months from the date of approval if no further action is taken by the applicant under the provisions of this chapter.
A. 
Preliminary plat submission: At least 30 days prior to the regularly scheduled meeting of the Planning Board at which consideration is desired, all applicants desiring tentative approval of a major subdivision shall submit to the Secretary of the Planning Board the following:
(1) 
Twenty black-on-white prints and one reproducible of the preliminary plat meeting the specifications for plat details enumerated in this chapter under Article IV;
(2) 
Twenty application forms for tentative approval; and
(3) 
An environmental impact statement.
B. 
At the time of the submission, the subdivider shall pay the fees as established by the Planning Board as set forth in Article VII, said fees to be used to offset the cost of professional services and other incidental expenses connected with processing, reviewing and checking the material submitted as well as notification of any persons concerned with the pending hearing on said subdivision.
C. 
Distribution of preliminary plat: The Township Clerk shall retain one copy of the plat for the Township files and immediately distribute copies of the preliminary plat and application for tentative approval as follows:
(1) 
The Secretary of the Planning Board (two copies);
(2) 
The Township Engineer (one copy);
(3) 
The Building Inspector or Zoning Officer (one copy);
(4) 
The Tax Assessor (one copy);
(5) 
The Secretary of the Board of Health (one copy);
(6) 
The County Planning Board (four copies, together with one copy of the completed application form for preliminary approval and any supporting documentation);
(7) 
School Board (one copy);
(8) 
Governing body (one copy);
(9) 
Sewer and Water Authority (one copy);
(10) 
The Township Solicitor (one copy);
(11) 
In the case of a subdivision any portion of which lies within 200 feet of an adjacent municipality, one copy to the Planning Board of that municipality; and
(12) 
Other officers and public bodies as appropriate.
D. 
Notice of public hearing on preliminary plat.
[Amended 6-15-1992 by Ord. No. 9-1992]
(1) 
If the application is found to conform to the definition of a preliminary subdivision and is complete, the Board shall formally determine that a complete application has been submitted, and shall set a time and date for public notice and hearing and shall so advise the applicant. The Board may delegate the setting of the time and date for public notice and hearing to the Board Secretary.
(2) 
Notice of the hearing shall be published, given to the public, and served to others by the applicant, at the applicant's expense, as required by N.J.S.A. 40:55D-12. The notice of the hearing shall state the time and place of the hearing and shall contain a brief description of the property involved, a statement as to its location, a list of the maps and other documents to be considered, any variances or waivers that have been requested, and a summary statement of the matters to be heard.
(3) 
The applicant shall ensure that all plans, maps and documents for which approval is sought shall be on file with the Board Secretary at least 10 days prior to the hearing for public inspection during normal business hours.
(4) 
The applicant shall file an affidavit of proof of service and proof of publication prior to the hearing pursuant to N.J.S.A. 40:55D-12.
(5) 
All persons having an interest in the proposed development shall be given an opportunity to be heard at the hearing.
E. 
Review by professionals. The Board Engineer, Planner, and/or other professional, if appropriate, shall review all aspects of the application, including the completeness of the application, and shall expeditiously report their findings and conclusions to the Board.
[Amended 6-15-1992 by Ord. No. 9-1992]
F. 
Board action on applications.
[Amended 6-15-1992 by Ord. No. 9-1992]
(1) 
The Board shall act upon the application after it has sufficiently reviewed the application, that the Board professionals have adequately reviewed the application, that the applicant has had sufficient opportunity to present its request for development approval to the Board, and that the concerns of other interested persons have been considered.
(2) 
Time periods for action.
(a) 
The Board shall grant, grant with conditions, or deny the application for a preliminary subdivision in accordance with:
[1] 
A subdivision of 10 or fewer lots within 45 days of the date of determination that a complete application has been submitted to the Board or within such time as may be consented to by the applicant; or
[2] 
A subdivision of more than 10 lots within 95 days of the date of determination that a complete application has been submitted to the Board or within such time as may be consented to by the applicant.
(b) 
Upon failure of the Board to act within the aforementioned time periods, the Board shall be deemed to have granted preliminary approval of the subdivision.
(3) 
The Board shall not act upon an application until it has determined that it is complete.
(4) 
The decision and resolution of the Board shall be in writing in accordance with N.J.S.A. 40:55D-10g through 40:55D-10i.
(5) 
The Board may condition approval on terms ensuring the applicant's conformance to this chapter and any other applicable ordinance or other governmental agency review.
(6) 
Whenever review or approval of an application for development by the Gloucester County Planning Board is required pursuant to N.J.S.A. 40:27-6.3, the Board shall condition any approval upon the timely receipt of favorable action on the application by the Gloucester County Planning Board or approval by the Gloucester County Planning Board by its failure to report thereon within the required time period.
(7) 
Failure of the Board to act within the time period prescribed shall constitute approval, and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on the request of the applicant. Such certificate shall be sufficient in lieu of a resolution of approval and written endorsements and shall be accepted by the county recording officer for the purpose of filing subdivision plats.
G. 
Disapproval of preliminary plat: If the preliminary plat is disapproved, the plat shall be returned to the applicant together with two copies of the County Planning Board report, if the County Planning Board disapproved the plat; and/or two copies of a letter from the Chairman of the Planning Board stating the reasons for disapproval if the plat is disapproved by the Township Planning Board.
(1) 
Copies of disapproval reports shall be forwarded by the Secretary of the Planning Board to all persons or agencies who were sent copies of the preliminary plat pursuant to Subsection C of this section.
(2) 
The applicant may resubmit the preliminary plat for tentative approval, in which case he shall do so in accordance with the requirements, including additional fee, of Subsection B of this section, after modifying the plat to conform with the requirements of the disapproval report and/or letter.
H. 
Preliminary subdivision approval.
(1) 
Favorable action; revision of plat.
(a) 
If the Board acts favorably on a preliminary plat, the plat shall be revised by the applicant to reflect all conditions of approval, and it shall be reviewed by the Board Engineer, Board Planner and/or other professionals for compliance. A notation of the Board approval shall be made on the preliminary plat when said plat shall be in conformance with the resolution of approval and all conditions thereof.
[Amended 6-15-1992 by Ord. No. 9-1992]
(b) 
The Secretary of the Planning Board shall notify in writing all persons or agencies to whom copies of the plat were sent under Subsection C of the action taken by the Planning Board.
(2) 
Effect of approval. The approval of a preliminary major subdivision shall confer upon the applicant the following rights for a three-year period from the date of a preliminary approval:
[Amended 6-15-1992 by Ord. No. 9-1992]
(a) 
That the general terms and conditions on which preliminary approval have been granted shall not be changed, including but not limited to, use requirements; layout and design standards for streets, curbs, and sidewalks; lot sizes, dimensions, yards, and improvements, whether on tract or off.
(b) 
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 subdivision.
(c) 
That the applicant may apply for and the Board may grant extensions on such preliminary approval for additional periods of time of at least one year and not to exceed two years, provided that if the design standards have been revised by ordinance, such revised standards may govern at the discretion of the Board.
(d) 
In the case of a subdivision of 50 acres or larger, the Board may grant these rights for a period of time longer than three years as shall be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under the preliminary approval; economic conditions; and the comprehensiveness of the development. The applicant may petition the Board thereafter and the Board may grant an extension of preliminary approval for such additional time period as shall be determined by the Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under the preliminary approval; the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; economic conditions; and the comprehensiveness of the development, provided that, if the design standards have been revised, such standards may govern.
(e) 
Whenever the Board grants an extension of preliminary approval pursuant to this subsection and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The applicant may apply for the extension either before or after what would otherwise be the expiration date.
(f) 
The Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the applicant proves to the reasonable satisfaction of the Board that the applicant was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the applicant applied promptly for and diligently pursued the required approvals. An applicant shall apply for the extension before what would otherwise be the expiration date of preliminary approval, or the 91st day after the applicant receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Board from granting an extension pursuant to this subsection.
(3) 
Request for Title 39 enforcement.
[Added 9-17-2007 by Ord. No. 41-2007]
(a) 
Prior to the granting of final approval by the Board, the developer shall file a written request with the Township Clerk requesting the Township of Harrison to enforce the provisions of Title 39 of the New Jersey Revised Statutes on all streets and roads in the development which are open to or used by the public. The provisions of Title 39 shall be made applicable to said streets and roads at the discretion of the Township and with the approval of the Commissioner of Transportation of New Jersey.
(b) 
This section shall apply to any site plan, subdivision, planned development, general development or any new type of development classification hereinafter authorized to be undertaken in the Township of Harrison involving roads open or to be opened to the public.
A. 
Submission of final subdivision plat. The final subdivision plat or sections thereof shall be submitted to the Secretary of the Board for final approval within three years from the date of preliminary approval or within such time as may have been granted by the approving Board.
[Amended 6-15-1992 by Ord. No. 9-1992]
(1) 
The original tracing, one translucent tracing, cloth or plastic film reproducible, two cloth-backed prints, 20 black-on-white prints and 20 copies of the application form for final approval shall be submitted to the Secretary of the Planning Board at least 30 days prior to the date of a regular Planning Board meeting, together with additional documentation as required under Article IV of this chapter and the fees required in Article VII.
(2) 
The Township Clerk shall retain the original tracing, one cloth print and one reproducible of the plat for the Township files and immediately distribute copies of the plat to each of the following:
(a) 
The Secretary of the Planning Board (two copies);
(b) 
The Township Engineer (one copy);
(c) 
The Building Inspector or Zoning Officer (one copy);
(d) 
The Secretary of the Board of Health (one copy);
(e) 
The Tax Assessor (one copy);
(f) 
The County Planning Board (four copies, one cloth copy duplicate print, one reproducible print of the plat and one copy of the completed application form for final approval and any supporting documentation, and, in the case of subdivisions proposed to include commercial, industrial or multifamily structures containing five or more units or any land development requiring off-street parking area or off-street standing area for an excess of five vehicles, or producing surface runoff directly or indirectly to a county street, four additional copies for site review, and an additional copy of the completed application for final approval and any supporting documentation);
(g) 
The Township Solicitor (one copy);
(h) 
In the case of a subdivision any portion of which lies within 200 feet of an adjacent municipality, one copy to the Planning Board of the municipality; and
(i) 
Other officers and public bodies as appropriate.
(3) 
Before consideration of a final plat the subdivider will have installed the improvements required or the Planning Board shall have required the posting of adequate performance guarantees in keeping with the estimate of improvement costs as prepared by the Township Engineer in accordance with the provisions of Article VI. Said performance guarantee shall have been reviewed and have the approval of the Township Solicitor as to both form and amount. The time limit on the installation of the required improvements under the performance guarantee shall not exceed 36 months from the date of posting. Such written approval by the Solicitor shall accompany the application for final approval.
B. 
Review by professionals. The Board Engineer, planner, and/or other professional, if appropriate, shall review all aspects of the application, including the completeness of the application, and shall expeditiously report their findings and conclusions to the Board.
[Amended 6-15-1992 by Ord. No. 9-1992]
C. 
Board action on applications.
[Amended 6-15-1992 by Ord. No. 9-1992]
(1) 
The Board shall act upon the application after it has sufficiently reviewed the application, that the Board professionals have adequately reviewed the application, that the applicant has had sufficient opportunity to present its request for development approval to the Board, and that the concerns of other interested persons have been considered.
(2) 
The Board shall grant, grant with conditions, or deny the application for a final major subdivision within 45 days of the determination of completeness or within such time as may be consented to by the applicant.
(3) 
The Board shall not act upon an application until it has determined that it is complete.
(4) 
The decision and resolution of the Board shall be in writing in accordance with N.J.S.A. 40:55D-10g through 40:55D-10i.
(5) 
The Board may condition approval on terms ensuring the applicant's conformance to this chapter and any other applicable ordinance and shall condition approval on the approval of other agencies with development review powers over the subdivision application.
(6) 
Whenever review or approval of an application for development by the Gloucester County Planning Board is required pursuant to N.J.S.A. 40:27-6.3, the Board shall condition any approval upon the timely receipt of favorable action on the application by the Gloucester County Planning Board or approval by the Gloucester County Planning Board by its failure to report thereon within the required time period.
(7) 
Failure of the Board to act within the time period prescribed shall constitute approval, and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on the request of the applicant.
D. 
Effect of Board approval.
[Amended 6-15-1992 by Ord. No. 9-1992]
(1) 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or not, shall not be changed for a period of two years after the date of final approval, provided that the rights so granted shall expire unless the applicant has duly filed the final subdivision plat with the county recording officer pursuant to N.J.S.A. 40:55D-54.
(2) 
Provided that the applicant has duly filed the plat in accordance with N.J.S.A. 40:55D-54, the Board may extend such period of protection of rights for extensions of one year but not to exceed three such extensions. The granting of final approval terminates the time period of preliminary approval for the section(s) granted final approval.
(3) 
In the case of a subdivision within a planned unit development of 50 acres or more or of a conventional subdivision of 150 acres or more, the Board may grant these rights for a period of time longer than two years as shall be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under the final approval; economic conditions; and the comprehensiveness of the development. The applicant may petition the Planning Board thereafter and the Planning Board may grant an extension of final approval for such additional time period as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under the final approval; the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; economic conditions; and the comprehensiveness of the development.
(4) 
Whenever the Board grants an extension of final approval pursuant to this subsection and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The applicant may apply for the extension either before or after what would otherwise be the expiration date.
(5) 
The Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the applicant proves to the reasonable satisfaction of the Board that the applicant was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the applicant applied promptly for and diligently pursued the required approvals. An applicant shall apply for the extension before what would otherwise be the expiration date of final approval or the 91st day after the applicant receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Board from granting an extension pursuant to this subsection.
E. 
Upon the granting of subdivision approval by the Board, copies of the approved documents, including the resolution of approval, shall be sent to the applicant, the Board's permanent file, the Township and Board Engineers, the Board Planner, the Zoning Officer, the Township Clerk, the Tax Assessor, and Gloucester County Board of Health, if applicable.
[Amended 6-15-1992 by Ord. No. 9-1992]
F. 
Filing of final subdivision plat.
[Amended 6-15-1992 by Ord. No. 9-1992]
(1) 
Final approval of a major subdivision shall expire 95 days from the date of the signing of the plat unless within such period the plat shall have been duly filed by the applicant with the county recording officer. The Board, for good cause shown, may extend the period for recording the plat for an additional period not to exceed 190 days from the signing of the plat.
(2) 
No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Board and so indicated by the signatures of the Chairman or Chairwoman and Secretary of said Board unless a certificate has been issued pursuant to N.J.S.A. 40:55D-47, 40:55D-50, 40:55D-56, 40:55D-61, 40:55D-67, or 40:55D-76 for failure of the Board in act in the time period so allotted. The signatures of the Chairman or Chairwoman and Secretary shall not be affixed until the developer has posted sufficient performance guarantees pursuant to § 192-41 of this chapter. If the county recording officer records any plat without such signatures, such recording shall be deemed null and void, and upon the written request of the Board Secretary, the plat shall be expunged from the official records.
(3) 
The county recording officer shall notify the Board, in writing, within seven days of the filing of any plat, identifying such instrument by its title, date of filing, and official record number.
G. 
At the same time as the notification of the filing of a plat pursuant to this chapter, the county recording officer shall so notify the Tax Assessor of the Township.
[Added 6-15-1992 by Ord. No. 9-1992]
A. 
Phases of review: All industrial subdivisions shall comply with § 192-9 dealing with classifications, § 192-10 dealing with preliminary plat approval and § 192-11 dealing with final approval as to its initial application. Said initial application shall show the perimeter of the tract, improvements to be made, all design specifications and in addition, the plat should also indicate the type of industry and if there is any noise, smell, dust, tar, or other deleterious product or by-products and how the public would be protected therefrom.
B. 
Standards of review: Rearrangement or creation of an interior lot line and additional improvements or relocation of initial improvements and any other matter pertaining to development of the tract within the perimeter boundaries shall be handled by the same procedure as minor subdivisions are handled, regardless of the number of lots involved or the number of subdivisions that the applicant makes, provided that each interior subdivision meets the following criteria:
(1) 
Does not involve the extension of any municipal facilities.
(2) 
Does not require encroachment on floodplains.
(3) 
Does not, in the opinion of the Planning Board, adversely affect the development of the remainder of the parcel by:
(a) 
Restricting access or street frontage.
(b) 
Creating awkward or difficult-to-develop parcels by reason of shape, size, location or physical characteristics of the site.
(c) 
Unduly restricting the types of potential uses of the remainder of the tract.
(4) 
Does not, in the opinion of the Planning Board, adversely affect adjoining property by reason of:
(a) 
Nuisance factors of noise, smoke, glare, intensity and time of operation, privacy invasion, etc.
(b) 
Excessive traffic generation.
(c) 
Destruction of natural features.
(d) 
An adverse effect upon existing drainage patterns.
(5) 
Does not adversely affect the present or future development of the Township by reason of:
(a) 
Conflict with the proposals of the Master Plan regarding types of land use, intensity of land use, density of population, circulation requirements, community facilities, open space preservation, recreation needs.
(b) 
Conflict with any provision of the Official Map.
(c) 
Conflict with any provision of Chapter 225, Zoning.
(d) 
Conflict with any portion of this chapter.
(6) 
The developer installs all improvements required or provides for same under the bonding provisions as outlined above and furnishes the Planning Board with any documentation, guarantee or proof of improvement installation as the Planning Board may require.
[Added 3-15-1999 by Ord. No. 5-1999]
A. 
The Township of Harrison has prepared a Housing Element and Fair Share Plan in response to its affordable housing obligation as determined by the Council on Affordable Housing (COAH). This section shall apply to all developments that contain proposed low- and moderate-income units that may be constructed or rehabilitated in the Township.
B. 
The Affirmative Marketing Plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age, or number of children, to housing units which are being marketed by a developer/sponsor of affordable housing. It is a continuing program and covers the period of deed restriction. The plan shall address the requirements of N.J.A.C. 5:93-11. In addition, the plan prohibits discrimination in the sale, rental, financing or other services related to housing on the basis of race, color, sex, religion, handicap, age, familial status/size or national origin. Harrison Township is in the housing region consisting of Burlington, Gloucester, and Camden Counties.
C. 
The Affirmative Marketing Program is a continuing program and shall meet the following requirements:
(1) 
All newspaper articles, announcements and requests for applications for low- and moderate-income units shall appear in the Gloucester County Times and any other daily regional publications as described by the developer. (One major newspaper is sufficient as long as the combined outreach efforts attract sufficient applicants.)
(2) 
The primary marketing shall take the form of at least one press release sent to the publications described by the developer above and a paid display advertisement in the Gloucester County Times. Additional advertising and publicity shall be on an as-needed basis.
(3) 
The advertisement shall include a description of the:
(a) 
Street address of the units;
(b) 
Directions to the housing units;
(c) 
Number of bedrooms per unit;
(d) 
Range of prices/rents;
(e) 
Size of units;
(f) 
Income information; and
(g) 
Location of application including business hours and where/how applications may be obtained.
(4) 
All newspaper articles, announcements and requests for applications for low- and moderate-income housing shall appear in the following neighborhood-oriented weekly newspapers, religious publications and organizational newsletters within the region:
(a) 
Gloucester County Times.
(b) 
Cam Glo.
(c) 
Harrison Township Newsletter.
(5) 
The following regional radio and/or cable television stations shall be used: Comcast (local channel).
(6) 
The following are locations where applications, brochures, signs and/or posters used as part of the Affirmative Marketing Program should be placed:
(a) 
Harrison Township Municipal Building.
(b) 
The developer's sales office.
(c) 
Gloucester County Office of Municipal and County Government Services.
(d) 
Gloucester County Housing Authority.
(7) 
The following is a listing of community contact persons and/or organizations which will aid in the Affirmative Marketing Program with particular emphasis on contacts that will reach out to groups that are least likely to apply for housing within the region: Robert Broughton (Gloucester County Community Development).
(8) 
Quarterly flyers and applications shall be sent to each of the following agencies for publication in their journals and for circulation among their members: Board of Realtors in Burlington, Camden, and Gloucester Counties.
(9) 
Applications shall be mailed to prospective applicants upon request.
(10) 
Additionally, quarterly information circulars and applications shall be sent to the chief administrative employees of each of the following agencies in the Counties of Burlington, Camden, and Gloucester: Welfare or Social Service Board, Rental Assistance Office (local office of the Department of Community Affairs), Office on Aging, Housing Authority, Library, and area community action agencies.
(11) 
All developers of low- and moderate-income housing units shall be required to affirmatively market the affordable units in their respective developments.
(12) 
The developer of low- and moderate-income housing units has the responsibility to contract on its own with the Affordable Housing Management Service (AHMS) of the New Jersey Department of Community Affairs (DCA) to administer COAH's provisions for affirmative marketing, to income-qualify low- and moderate-income households; to place income-eligible households in low- and moderate-income units upon initial occupancy; to continue to qualify households for reoccupancy of units as they become vacant during the period of affordability controls; assist with advertising and outreach to low- and moderate-income households; and to enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1. The mentioned service providers have agreed to perform counseling services to low- and moderate-income households on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements and landlord/tenant law.
(13) 
Households who live or work in Burlington, Camden, and Gloucester Counties may be given preference for the sales and rental units constructed within the housing region. Applicants living outside the housing region shall have an equal opportunity for the units after regional applicants have been initially serviced.
(14) 
The marketing program shall commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program shall continue until all low- and moderate-income housing units are initially occupied and for so long as affordable units are deed restricted and occupancy or reoccupancy of units continues to be necessary.
(15) 
The developer shall make available to the Harrison Township Planning Board Secretary any and all information required by COAH to comply with its monitoring and reporting requirements as noted in N.J.A.C. 5:93-11.6 and 5:93-12.1.