A. 
General. The following provisions shall apply to all buildings and uses lawfully existing on the effective date of this Part 4 which do not conform to the requirements set forth in this Part 4 and to all buildings and uses that become nonconforming by reason of any subsequent amendment to this Part 4.
B. 
Regulations. Any nonconforming use of buildings or open land and any nonconforming buildings may be continued indefinitely, but such uses:
(1) 
Shall not be enlarged, altered, extended, reconstructed or restored, except as provided in § 200-224 herein, nor placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this Part 4, nor shall any external evidence of such use be increased by any means whatsoever.
(2) 
Shall not be moved to another location where such use would be nonconforming.
(3) 
Shall not be reestablished if such use has been voluntarily discontinued for any reason for a period of one year or more or has been changed to or replaced by a conforming use.
(4) 
Shall not be restored for other than a conforming use after substantial destruction thereof.
Nothing in this article shall be deemed to prevent normal maintenance and repair, structural alteration in or the reconstruction of a noncomplying building, provided that such action does not increase or extend the degree of or create any new nonconformity with regard to the regulations pertaining to such buildings or the lot upon which they are constructed (e.g., an undersized house, situated closer to the street line than now specified may have an addition on the back, provided that side and rear yards are not invaded), except that the floor area of a single-family house that occupies a lot that is smaller than the minimum lot area for the district in which the house is located may be increased by not more than 20% of the floor area existing as of the date of adoption of this Part 4, provided that all other provisions of this Part 4 are complied with. Yard reductions for such undersized lots may be permitted according to criteria established in § 200-225 of this article. This latter exception shall not apply to those lots in which an increase in floor area of a nonconforming building has occurred since August 15, 1975.
No nonconforming vacant lot existing prior to August 15, 1975, shall be further reduced in size. In residential districts, such lots, as well as those which are consolidated into a single lot but still are nonconforming in area or dimension, may be improved for a single-family residence and its permitted accessory uses without appeal for variance relief, provided that the following provisions are met:
A. 
The lot is in separate ownership and not contiguous to lots in the same ownership and the owner had made a conscientious effort to acquire additional property. However, in the case of two or more contiguous lots under the same ownership, regardless of whether or not each may have been approved as a subdivision, acquired by separate conveyance or by other operation of law, where one or more of said lots does not conform with the area and/or division requirements for the zone in which it is located, the contiguous lots shall be considered as a single lot and the provisions of the applicable zoning district shall apply.
B. 
As appropriate, all necessary health approvals are given by the responsible municipal agency or its agent.
C. 
FAR/MIC exceptions. The FAR/MIC of the zoning district in which the vacant lot is located may either be the maximum permitted FAR/MIC of the zoning district or 120% of the average FAR/MIC of dwellings immediately adjacent to the vacant lot, whichever is smaller. In the case of all vacant lots in a particular block or area, the permitted FAR/MIC of the zoning district may be increased by 10%.
D. 
Yard exceptions.
(1) 
Where the lot does not have the required width, each side yard may be reduced by one foot for each five feet that the lot is below the minimum required width, except that no side yard shall be less than 1/2 that required by the zoning district.
(2) 
Where the lot does not have required depth, the rear yard may be reduced six inches for every foot below 100 feet in depth, except that no rear yard shall be less than 1/2 that required by the zoning district.
(3) 
If after application of the exceptions of Subsections D(1) and (2) above front yard infringement is necessary, no building shall be set back less than 75% of the required front yard in the zoning district.
A. 
General requirements.
(1) 
Accessory uses shall be permitted only on the same lot and within the same zoning district unless otherwise indicated, with the principal building to which they are accessory, except for parking as required in Part 1, Site Plan Review, of this chapter, and retention/detention basins as noted in Part 3, Subdivision and Site Plan Procedures, of this chapter. All accessory uses shall be such as do not alter the character of the premises on which they are located or impair the neighborhood. Such accessory uses shall not be located in any front, side or rear yard area, unless otherwise permitted in this Part 4. Accessways to off-street parking and loading areas may cross front yard areas or the yard area abutting a principal street from which site access is to be provided.
(2) 
Bulk and area regulations. No distinction is made in nonresidential districts regarding the dimensional limitations between principal and other buildings or structures referred to as accessory, except as permitted in this article. All such accessory buildings or structures or uses in nonresidential districts shall be governed by the bulk and area regulations of the district within which they are located. All accessory structures and uses in residential districts shall be set back a minimum of 20 feet from side and rear property lines, except as herein modified by this chapter.
[Amended 10-27-2008 by Ord. No. 2008-42]
B. 
Farm and agricultural uses. In the districts where farm and agricultural uses are permitted, the following additional provisions governing their use shall apply:
(1) 
Such uses are conducted upon a lot not less than five acres in area.
(2) 
No building or structure used for shelter or enclosure of fowl, game, horses, farm livestock or adult dogs shall be closer to any property line than 200 feet.
(3) 
Buildings used for the shelter of fowl of any kind shall have a maximum usable floor area of 2,000 square feet for the first 10 acres and 5,000 additional square feet for each additional acre.
(4) 
One domestic horse for the personal use of the occupants of the residence may be maintained on any lot at least three acres in size.
(5) 
The display for sale of products grown or raised by the owner, tenant or lessee on a roadside stand shall only be permitted where:
(a) 
The sale of such products are within the confines of the property upon which they have been grown or raised.
(b) 
The place of sale or storage of any such products, whether of a permanent or temporary nature, shall not be closer than 100 feet to any side lot line.
(c) 
The sale of any such products shall not have a deleterious effect on adjoining properties by reason of nuisance or health hazard.
(d) 
The sale of any such products shall also require that a suitable amount of off-street parking and loading space as required in Part 1, Site Plan Review, of this chapter, be provided.
C. 
Swimming pools and similar personal recreational facilities in residential zones.[1] Except for portable swimming pools less than three feet in height and less than 10 feet in length or diameter, the following regulations shall apply to permanent and portable swimming pools and similar recreational facilities accessory to a residential use:
[Amended 4-20-1990 by Ord. No. 90-12]
(1) 
Said use shall be erected on the same lot as the principal structure.
(2) 
Said use shall comply with a minimum setback of 20 feet from side and rear property lines.
[Amended 10-27-2008 by Ord. No. 2008-42]
(3) 
Said use shall be appropriately screened and fenced so as not to adversely affect adjoining properties.
(4) 
Said use shall meet all applicable codes and ordinances of the Township of West Windsor and any regulations of a county or state agency.
(5) 
A pool or water surface shall not be counted as part of a lot's maximum improvement coverage requirements.
[1]
Editor's Note: See Ch. 162, Swimming Pools.
D. 
Storage sheds in residential districts. Such storage facilities on the same lot as the principal structure may be located within 10 feet of the required side and rear yards, but shall conform to front yard setback requirements for principal structures. Storage sheds on corner lots shall not be located closer to the side street property line than the required setback line for a front yard in the zoning district within which the lot is located.
E. 
Tennis courts and multipurpose sports patios in residential zones. The following regulations shall apply to all tennis courts and multipurpose sports patios accessory to a residential use, except that only Subsections E(6) and (7) shall apply to multipurpose sports patios of less than 225 square feet:
[Added 4-20-1990 by Ord. No. 90-12; 12-19-1994 by Ord. No. 94-62]
(1) 
A minimum lot area of one acre is required for a tennis court; a minimum lot area of not less than 3/4 of an acre is required for a multipurpose sports patio.
(2) 
Tennis courts and multipurpose sports patios shall be erected on the same lot as the principal structure.
(3) 
Neither tennis courts nor multipurpose sports patios shall be permitted in any front yard area and shall be a minimum of 30 feet from any property line.
(4) 
The courts and patios shall be appropriately screened with vegetative landscaping and fenced so as not to adversely affect adjoining properties.
(5) 
No fencing greater than 10 feet in height shall be permitted for either tennis courts or multipurpose sports patios.
(6) 
No lighting shall be permitted for the courts or patios in order to ensure that the courts and patios are used only during daytime hours.
(7) 
In no case can the court or sports patio be located between the dwelling and street, nor shall they infringe upon any yard setback area.
(8) 
One backstop and not more than two basketball backboards shall be permitted at a maximum height of 10 feet on either tennis courts or sports patios. For the purpose of basketball backboards, the maximum 10 feet height shall be measured from the ground to the basketball rim.
(9) 
The area of tennis courts and multipurpose sports patios shall be included in the calculation of maximum improvement coverage.
F. 
Satellite dish antennas.
[Added 4-20-1992 by Ord. No. 92-11]
(1) 
Satellite dish antennae are permitted accessory structures when located on a single-family dwelling lot, provided that the same is located a distance of at least 10 feet from the side and rear property lines. Satellite dish antenna shall mean a combination of a dish whose purpose is to receive communications or other signals from orbiting satellites, a low-noise amplifier which is situated in the focal point of the receiving dish and whose purpose is to magnify and transfer signals and a cable and appurtenances whose purpose is to carry the signal to the interior of a structure.
(2) 
Such satellite dish antennas shall be subject, in addition, to the following standards:
(a) 
No satellite dish antenna shall be located in the front yard.
(b) 
No satellite dish antenna shall extend higher than 15 feet above ground level or be greater than 15 feet in diameter; provided, however, that a satellite dish whose diameter is 12 inches or less may extend more than 15 feet above the ground.
(c) 
A satellite dish antenna shall not be placed on any lot which does not contain a permitted principal residential structure.
(d) 
No lot shall contain more than one satellite dish antenna.
(e) 
Construction of all facilities including wires, conduits and cables shall be constructed, where applicable, in accordance with the Uniform Construction Codes.[2]All installations of satellite dish antenna shall meet local, state and federal requirements and shall be constructed in accordance with the manufacturer's recommendations, provided that the same are at least as comprehensive as local, state and federal regulations.
[2]
Editor's Note: See Ch. 63, Construction Codes, Uniform.
(f) 
The satellite dish shall be colored in a manner to blend with existing surfaces and backdrops, to the extent practicable.
(g) 
Landscaping shall be provided in the area of the pad of the antenna to soften its appearance; however, there is no requirement for landscaping which will interfere with the ability of the disk to receive signals.
(h) 
Satellite dish antennas shall be installed in a manner so as not to interfere with television, radio or similar reception in adjacent areas and shall in all cases meet state and federal requirements.
(i) 
Satellite dish antennas on corner lots shall not be located closer to the side street property line than the required setback line for a front yard in the zoning district within which the lot is located.
A. 
Landscape transition buffer. A landscape transition buffer satisfactory to the Planning Board of not less than 25 feet in width shall be provided and maintained by the owner or lessee of a property between any nonresidential use and contiguous residentially zoned districts.
(1) 
The Planning Board may waive the requirements to provide a transition buffer where natural or man-made physical barriers exist such that an effective visual separation exists between residential and nonresidential uses or a landscape strip, screen or fence as stipulated in Subsection B of this section is provided.
(2) 
Yard requirements shall be deemed to be counted as part of the landscape transition buffer area. Where yard areas are less than the required buffer area, they shall be increased accordingly.
B. 
Landscape strips, fences or screens.
(1) 
A landscape strip of at least 10 feet in width, or, in lieu thereof, a fence, shall be provided and maintained by the owner or lessee of a property within landscape transition buffers or in any case where a nonresidential use as permitted in this Part 4 is contiguous to or abuts upon any property or area classified for residential purposes or the rear or either side line which abuts upon a street separating it from any property classified for residential purposes.
(2) 
Such landscape strip, screen or fence shall be of such a type and designed in such manner as to obscure from view at ground level such nonresidential property from the contiguous or abutting or neighboring residential properties and be constructed of materials and be of a design subject to the special requirements for such strips, screens or fences as stipulated in Part 1, Site Plan Review, of this chapter. Such planting strip, screen or fence shall be not less than six feet high at the time of installation, nor shall a fence be more than eight feet high.
C. 
Fences, residential districts. No fence or wall forward of the front setback line shall exceed four feet in height.
A. 
Landscaping in nonresidential districts. Other provisions of this Part 4 notwithstanding, in any nonresidential district, the entire lot, except for areas covered by buildings or surfaced as parking, recreation or service areas, shall be seeded, sodded or planted with ground cover and suitably landscaped in accordance with an overall landscape plan consistent with the natural surroundings. All landscaping shall be properly maintained throughout the life of any use on said lot. Existing trees or landscaping located within 20 feet of any street line, lot or zoning district line shall not be removed, except upon written approval by the Planning Board, nor shall the existing grade within that space be disturbed without such approval.
B. 
Landscaping requirements where parking is in front yard areas.
(1) 
So as to obstruct from view at the street line any parking area in the front yard, the front yard area not containing parking shall contain a landscape strip or screen. Landscaped earth berms may also be used in front yard areas where there is sufficient area to allow for their construction and long term maintenance. Such landscaping shall be subject to the approval of the Planning Board and shall be maintained throughout the effective period of any certificate of occupancy on a lot.
(2) 
Landscaping within parking areas. Any single parking area with 50 or more spaces shall, notwithstanding other requirements of this Part 4 and Part 1, Site Plan Review, of this chapter, provide at least 5% of its area in landscaping.
C. 
Natural landscape area along watercourses. No building or parking area shall be located within 200 feet from the center line of any stream or within a flood hazard area, except as may be modified by Part 6 of this chapter, Floodplain Management Regulations. Such area shall be deemed to be part of any landscape area or landscape transition buffer when required.
[Amended 6-12-2023 by Ord. No. 2023-03]
D. 
Screening of outdoor storage. Any article or material stored outside an enclosed building as an incidental part of the primary operation on a lot shall be so screened by fencing, walls or evergreen planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on the ground level.
A. 
Corner lots.
(1) 
Obstruction to vision at street intersections. At all street intersections in all districts, no obstructions to vision exceeding 30 inches in height above curb level shall be erected or maintained on any lot within the sight triangle as required by Part 2, Subdivision, of this chapter. This requirement shall apply to existing as well as proposed street intersections.
(2) 
Yards. On a corner lot, one yard other than the front yard shall be deemed to be a rear yard and the other or others side yards.
B. 
Through lots. On a through lot, front yards are required on all street lines.
C. 
Lot frontage/width. When a lot adjoins a cul-de-sac or is on a curved alignment with an outside radius of less than 500 feet, such frontage may be reduced to not less than 1/2 the required lot width, and the minimum lot width at the setback line may be reduced to not less than 75% of the required lot width.
D. 
Lot depth. The required lot depth at any point may be decreased by 25% if the average lot depth conforms with the minimum requirement.
E. 
Measurement of setbacks, Where a building lot has frontage upon a street, or streets in the case of a corner lot, which on the Master Plan or Official Map of West Windsor Township is contemplated for right-of-way widening, the required setback distance shall be measured from such proposed right-of-way line.
F. 
Height exceptions. The height limitations of this Part 4 shall not apply to church spires, belfries, cupolas and domes not used for human occupancy, nor to chimneys or radio and television antennas or wireless communication antennas for the sole use of the business on the site and required by federal law for emergency communications purposes if they are less than 55 feet above average grade, which grade shall be substantially unchanged from the natural grade at the time of a construction permit application. Mechanical equipment, such as penthouse elevators, condensers, exhaust fans, air conditioners and similar equipment, stair enclosures and skylights or atrium structures, may exceed the maximum permitted height in the district by up to 10 feet, provided that such structures in the aggregate do not exceed 10% of the roof area on which they are located and are properly shielded or screened. Except for walls of elevators and stair enclosures when required by the plan of the building, all such screened mechanical equipment structures may be either 10 feet from the perimeter walls of a building or integral with the front facade of the building if designed as an architectural extension of the facade and contain similar building materials.
[Amended 12-27-1982 by Ord. No. 82-54; 12-27-1988 by Ord. No. 88-51; 9-15-2008 by Ord. No. 2008-23]
G. 
Courts. The minimum dimension of an inner court shall not be less than twice the average height of all surrounding walls. However, in no case shall an inner court have a dimension of less than 30 feet. The height of walls surrounding an inner court shall be measured from finished grade at the base thereof to the top of such wall, except that in the case of roofs with a slope exceeding five inches vertical to 12 inches horizontal, the height shall be measured to the mean point between the top of said wall and the highest point of the roof. The minimum dimension of an outer court shall be 20 feet, and its depth shall not exceed its width.
H. 
Minimum net habitable floor area. Minimum net habitable floor areas for permitted residential uses in this Part 4 shall comply with the least restrictive of the most current minimum floor areas as promulgated by the New Jersey Housing Finance Agency or by the United States Department of Housing and Urban Development minimum property standards manuals.
I. 
Number of buildings restricted. There shall be not more than one principal structure on each lot in any residence district except as may be allowed in planned residential neighborhoods, planned residential developments or in R-3 to R-5 Districts. In any other zone, applicants seeking to develop more than one principal structure on each lot shall comply with the provisions of Part 1, Site Plan Review, of this chapter, and submit for Planning Board approval a site plan showing existing, proposed and all future developments on the site.
J. 
Frontage upon a street. Every principal building shall be built upon a lot with the minimum lot width fronting upon an improved and approved street in accordance with the road standards established by the Township or on a private road shown on an approved site plan.
K. 
Minimum occupancy requirements. The number of occupants per permitted residential use in this Part 4 shall comply with the most current occupancy guidelines as established by the Unite States Department of Housing and Urban Development (Manual 7465.1), which establishes reasonable criteria limiting the number of occupants per dwelling unit to available sleeping and bedroom facilities.
L. 
Application of reverse frontage buffer requirements on arterial roads and major collector streets. For all multifamily units and attached dwelling units that abut an arterial or major collector street, the required reverse frontage buffer easement shall be excluded from the calculation of all setback requirements.
[Amended 4-20-1990 by Ord. No. 90-12]
Off-street parking and loading for uses allowed in this Part 4 shall be subject to the requirements stipulated in Part 1, Site Plan Review, of this chapter. No parking or loading spaces shall be permitted in the front yard area of any business district.
Permanent signs shall be subject to the requirements stipulated in Part 1, Site Plan Review, of this chapter. Temporary signs shall be governed by the regulations contained in Article XXVI herein with design standards, if not stipulated in Article I, conforming to the provisions of Part 1, Site Plan Review, of this chapter.
[Amended 8-22-1988 by Ord. No. 88-15]
Home occupations shall be permitted in all resident districts, provided that:
A. 
No person other than members of the family residing on the premises plus one outside employee shall be engaged in such occupation. The person whose occupation is being operated from the home shall reside on the premises.
B. 
The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the floor area of the principal dwelling on the lot, except those used for farm purposes, shall be used in the conduct of the home occupation.
C. 
Such occupation shall be pursued only in single-family dwelling units, shall give no external evidence of nonresidential use other than a small nameplate sign not to exceed one square foot in size and shall not display products visible from the street.
D. 
The lot upon which the premises is located is 3/4 acre or larger, and no traffic or parking shall be generated in excess of three passenger automobiles at any one time, in addition to those used by the owner or tenant, all of which must be parked off-street, in properly designed spaces, except that a home occupation may be located in a single-family dwelling unit on a lot smaller than 3/4 acre if no employees are hired therefor, the occupation does not generate more than one passenger automobile at any one time, in addition to those used by the owner or tenant, and only one off-street parking space is provided for use of customers of the home occupation.
E. 
No mechanical or electrical equipment is used that will be detectable to the normal senses or that will create electrical or audio interference.
F. 
The retail sale of goods shall not be construed to be a home occupation under the terms of this Part 4.
G. 
There shall be no more than one home occupation in any one dwelling unit.
H. 
Applicants for home occupation permits proposing to hire an employee or provide more than one off-street parking space for customers shall by certified mail, return receipt requested, provide notice to all property owners within 200 feet of the lot upon which the home occupation is proposed to be located specifying that the applicant has applied for a home occupation permit, setting forth the substance of the application and stating that the Zoning Officer will decide the application 30 days from the date of the notice unless the Zoning Officer receives written objections thereto. If the Zoning Officer receives written objections, he or she shall grant or deny the application, with or without conditions, or refer the application to the Planning Board for site plan review.
I. 
No change shall be permitted to the exterior of the home to accommodate the home occupation.
[Added 12-16-1991 by Ord. No. 91-34]
J. 
Adequate indoor and outdoor play areas shall be provided for any family day-care home. The determination of whether adequate play areas are provided shall be based upon guidelines established in the Manual of Requirements for Child Care Centers by the New Jersey Division of Youth and Family Services.
[Added 12-16-1991 by Ord. No. 91-34]
For purpose of this Part 4, calculation of common open space shall not include parking areas or accessways thereto, lands privately owned or in fee simple or open space lands that are part of a residential condominium or rental project and used for the calculation of net density requirements.
A. 
General. Various types of planned developments listed as permitted or conditional uses in certain districts herein may be permitted by the Planning Board only after it has determined that the development proposal complies with the conditions and standards set forth in this section, notwithstanding other applicable regulations of this Part 4 or additional conditions for the particular planned development.
B. 
Findings for planned developments. Prior to approval of any planned development, the Planning Board shall find as required by N.J.S.A. 40:55D-45 the following facts and conclusions:
(1) 
That the departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning standards applicable to the planned development.
(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 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.
Electric and telephone lines shall be underground to the structures from existing utility poles.
[Added 6-14-2021 by Ord. No. 2021-11]
Prohibited uses. All marketplace classes of cannabis to include cultivator, manufacturer, wholesaler, distributor, retailer, and delivery as said terms are defined in Section 3 of P.L. 2021, c. 16, shall be prohibited uses in all zones in the municipality.
[1]
Editor's Note: Former § 200-236, Flag lots, was repealed 9-15-2008 by Ord. No. 2008-20.
[Amended 2-25-1985 by Ord. No. 85-1; 10-7-1985 by Ord. No. 85-25; 2-21-1989 by Ord. No. 89-04; 10-2-1989 by Ord. No. 89-28; 10-16-1989 by Ord. No. 89-43; 9-26-1994 by Ord. No. 94-45; 1-9-1995 by Ord. No. 94-63; 6-6-2005 by Ord. No. 2005-08; 10-15-2007 by Ord. No. 2007-18; 3-18-2019 by Ord. No. 2019-12; 3-30-2026 by Ord. No. 2026-11[1]]
A. 
Introduction and applicability.
(1) 
This section of the Code sets forth regulations regarding the very-low-, low- and moderate-income housing units 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, 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").
(2) 
This Ordinance 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 Ordinance 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 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 Ordinance 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, and UHAC at N.J.A.C. 5:80- 26.1, as may be amended and supplemented.
(5) 
Applicability.
(a) 
The provisions of this Ordinance 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 Ordinance shall apply to all developments that contain very-low-, low- and moderate-income housing units included in the 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. 
Definitions.
As used herein the following terms shall have the following meanings:
95/5 RESTRICTION
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, 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 provision 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.
ACT
Means the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
ADAPTABLE
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 (C.52:27D-119 et seq.) and in accordance with the provisions of section 5 of P.L. 2005, c. 350 (C.52:27D-123.15).
ADMINISTRATIVE AGENT
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.
AFFIRMATIVE MARKETING
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.
AFFIRMATIVE MARKETING PLAN
Means the municipally adopted plan of strategies from which the administrative agent will choose to implement as part of the Affirmative Marketing requirements.
AFFIRMATIVE MARKETING PROCESS OR PROGRAM
Means the actual undertaking of Affirmative Marketing activities in furtherance of each project with very-low-, low-, and moderate-income units.
AFFORDABILITY ASSISTANCE
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 homeowner's 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.
AFFORDABILITY AVERAGE
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.
AFFORDABLE
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.
AFFORDABLE HOUSING DEVELOPMENT
Means a development that may be included in a municipality's current, prior, or future 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.
AFFORDABLE HOUSING DISPUTE RESOLUTION PROGRAM OR THE PROGRAM
Refers to the dispute resolution program established pursuant to N.J.S.A. 52:27D-313.2.
AFFORDABLE HOUSING MONITORING SYSTEM OR AHMS
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.
AFFORDABLE HOUSING TRUST FUND OR AHTF
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.
AFFORDABLE UNIT
Means a housing unit proposed or developed pursuant to the Act, including units created with municipal affordable housing trust funds.
AGE-RESTRICTED HOUSING
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: 1. All the residents of the development where the unit is situated are 62 years or older; 2. At least 80% of the units are occupied by one person that is 55 years or older; or 3. The development has been designated by the Secretary of HUD as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
AGENCY
Means the New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (C.55:14K-1 et seq.).
ASSISTED LIVING RESIDENCE
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.
BARRIER-FREE ESCROW
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.
BUILDER'S REMEDY
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.
CERTIFIED HOUSEHOLD
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.
CHOICE
Means the no-longer-active Choices in Homeownership Incentives for Everyone Program, as it was authorized by the Agency.
COAH OR THE COUNCIL
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).
COMMISSIONER
Means the Commissioner of the Department of Community Affairs.
COMPLIANCE CERTIFICATION
Means the certification issued to a municipality by the Program pursuant to section 3 of P.L.2024, c. 2, that grants the municipality immunity 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 and 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 (C.52:27D-313).
CONSTRUCTION
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.).
COUNTY-LEVEL HOUSING JUDGE
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.
DCA AND DEPARTMENT
Mean the State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT
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.
DEPARTMENT
Means the New Jersey Department of Community Affairs.
DEVELOPER
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.
DEVELOPMENT
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.
DEVELOPMENT APPLICATION
Means the application form and all accompanying documents required by ordinance for approval of a subdivision plat, a site plan, planned development, conditional use, zoning variance, or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
DEVELOPMENT FEE
Means money paid by a developer for the improvement of residential and nonresidential 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.
DISPUTE RESOLUTION PROGRAM
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).
DIVISION
Means the Division of Local Planning Services within the Department of Community Affairs.
EMERGENT OPPORTUNITY
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.
EQUALIZED ASSESSED VALUE OR EAV
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.
EQUITY SHARE AMOUNT
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%.
EXCLUSIONARY ZONING LITIGATION
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.
EXIT SALE
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.
EXTENSION OF EXPIRING CONTROLS
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.
FAIR SHARE OBLIGATION
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.
FAIR SHARE PLAN
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.
FHA
Means the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
GREEN BUILDING STRATEGIES
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.
HMFA OR THE AGENCY
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.).
HOUSEHOLD INCOME
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.
HOUSING ELEMENT
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-28.b(3) and the fair share plan designed to meet the municipality's fair share of its region's present and prospective housing needs with regard to low- and moderate-income housing.
HOUSING REGION
Means a geographic area established pursuant to N.J.S.A. 52:27D-304.2b.
INCLUSIONARY DEVELOPMENT
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.
JUDGMENT OF COMPLIANCE OR JUDGMENT FOR REPOSE
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.
LOW-INCOME HOUSEHOLD
Means a household with a household income equal to 50% or less of the regional median income.
LOW-INCOME UNIT
Means a restricted unit that is affordable to a low-income household.
MAJOR SYSTEM
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.
MIXED USE DEVELOPMENT
Means any development that includes both a nonresidential development component and a residential development component, and shall include developments for which: (1) there is a common developer for both the residential development component and the nonresidential development component, provided that for purposes of this definition, multiple persons and entities maybe 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 nonresidential development, or both, or otherwise to contribute resources to the development; and (2) the residential and nonresidential 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.
MODERATE-INCOME HOUSEHOLD
Means a household with a household income in excess of 50% but less than 80% of the regional median income.
MODERATE-INCOME UNIT
Means a restricted unit that is affordable to a moderate-income household.
MONI
Means the no-longer-active Market Oriented Neighborhood Investment Program, as it was authorized by the Agency.
MUNICIPAL AFFORDABLE HOUSING TRUST FUND
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.
MUNICIPAL DEVELOPMENT FEE ORDINANCE
Means an ordinance adopted by the governing body of a municipality that authorizes the collection of development fees.
MUNICIPAL HOUSING LIAISON OR MHL
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.
NEW CONSTRUCTION
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.
NEW JERSEY AFFORDABLE HOUSING TRUST FUND
Means an account established pursuant to N.J.S.A. 52:27D-320.
NEW JERSEY HOUSING RESOURCE CENTER OR HOUSING RESOURCE CENTER
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.
NON-EXEMPT SALE
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.
NONPROFIT
Means an organization granted nonprofit status in accordance with section 501(c)(3) of the Internal Revenue Code.
NONRESIDENTIAL DEVELOPMENT
Means:
(1) 
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;
(2) 
Hotels, motels, vacation timeshares, and child-care facilities; and
(3) 
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.
NONRESIDENTIAL DEVELOPMENT FEE
Means the fee authorized to be imposed pursuant to N.J.S.A. 40:55D-8.1 through 40:55D-8.7.
ORDER FOR REPOSE
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.
PAYMENT IN LIEU OF CONSTRUCTING AFFORDABLE UNITS
Means the prior approval of the payment of funds to the municipality by a developer when affordable units are were 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.
PERSON WITH A DISABILITY
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.
PRICE DIFFERENTIAL
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.
PRIOR ROUND UNIT
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: (1) received substantive certification from COAH; (2) 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; (3) is subject to a grant agreement or other contract with either the State or a political subdivision thereof entered into prior to July 1, 2025, pursuant to either item (1) or (2) above; or (4) 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: (1) 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 (2) 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.
PROGRAM
Means the Affordable Housing Dispute Resolution Program, established pursuant to section 5 of P.L. 2024, c. 2 (C.52:27D-313.2).
PROSPECTIVE NEED
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 (C.52:27D-304.2 and C.52:27D-304.3) for the fourth round and all future rounds of housing obligations.
QUALIFIED URBAN AID MUNICIPALITY
Means a municipality that meets the criteria established pursuant to N.J.S.A. 52:27D-304.3.c(1).
RANDOM SELECTION PROCESS
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.
RCA ADMINISTRATOR
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.
RCA PROJECT PLAN
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.
RECEIVING MUNICIPALITY
Means, for the purposes of an RCA, a municipality that contractually agreed to assume a portion of another municipality's fair share obligation.
RECONSTRUCTION
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.
RECREATIONAL FACILITIES AND COMMUNITY CENTERS
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.
REGIONAL CONTRIBUTION AGREEMENT OR RCA
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.
REGIONAL MEDIAN INCOME
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.
REHABILITATION
Means the repair, renovation, alteration, or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
RENT
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.
RESIDENTIAL DEVELOPMENT FEE
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.
RESTRICTED UNIT
Means a dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of this subchapter but does not include a market-rate unit that was financed pursuant to UHORP, MONI, or CHOICE.
SENIOR CENTER
Means any recreational facility or community center with activities and services oriented towards serving senior citizens.
SPENDING PLAN
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.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN OR STATE PLAN
Means the plan prepared pursuant to sections 1 through 12 of the "State Planning Act," P.L. 1985, c. 398 (C.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 (C.52:18A-200).
SUPPORTIVE HOUSING HOUSEHOLD
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 C.F.R. 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 subchapter, 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.
SUPPORTIVE HOUSING SPONSORING PROGRAM
Means grant or loan program which provided financial assistance to the development of the unit.
SUPPORTIVE HOUSING 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.
TRANSITIONAL HOUSING
Means temporary housing that: (1) includes, but is not limited to, single-room occupancy housing or shared living and supportive living arrangements; (2) provides access to on-site or off-site supportive services for very-low-income households who have recently been homeless or lack stable housing; (3) is licensed by the department; and (4) allows households to remain for a minimum of six months.
TREASURER
Means the Treasurer of the State of New Jersey.
UHAC
Means the Uniform Housing Affordability Controls set forth at N.J.A.C. 5:80-26.
UHORP
Means the Agency's Urban Homeownership Recovery Program, as it was authorized by the Agency Board.
UNIT TYPE
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 2 units each with separate entrances), duplex (detached building containing 2 units each with separate entrances), triplex (3 units each with separate entrance), quadplex (4 units each with separate entrance), multifamily/flat (2 or more units with a shared entrance). Inclusion of a garage, or not, shall not define the unit type.
VERY-LOW-INCOME HOUSEHOLD
Means a household with a household income less than or equal to 30% of the regional median income.
VERY-LOW-INCOME HOUSING
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.
VERY-LOW-INCOME UNIT
Means a restricted unit that is affordable to a very-low-income household.
VETERAN
Means a veteran as defined at N.J.S.A. 54:4-8.10.
VETERANS' PREFERENCE
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-311.j.
WEATHERIZATION
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.
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. 
Municipality-wide mandatory set-aside.
(1) 
The municipality-wide mandatory set-aside requirement is as set forth in § 200-243.2.
(2) 
In the event that the inclusionary set-aside of 25% of the total number of residential units does not result in a full integer, the developer shall round the set-aside upward to construct a whole additional affordable unit.
E. 
New construction (per N.J.A.C. 5:93 as may be updated per various sections in N.J.A.C. 5:97 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.
(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
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 townhome) within the same development, except that restricted units and market-rate units may use different interior finishes. This shall apply to prior round units for which construction has not begun.
[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 for which construction has not begun shall be integrated with market rate units.
[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 for which construction has not begun.
[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 for which construction has not begun.
[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 E(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 housing product types than market-rate units, provided that developments containing market-rate duplexes, townhomes, and/or single-family homes offer restricted housing options that also include duplexes, townhomes, which may be stacked townhouses, and/or single-family homes.
[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; and
[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 rounded up or down in the developer's discretion to the nearest whole number shall be very-low- or low-income units.
(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%, rounded up, of the total number of low- and moderate-income units.
[4] 
At least 30% of all low- and moderate-income units, rounded up, shall be two-bedroom units.
[5] 
At least 20% of all low- and moderate-income units, rounded up, shall be three-bedroom units.
[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 multifloor 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 E(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.
F. 
Affordable housing programs. 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-311.m, "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 that have been upheld by the NJ Supreme Court.
(1) 
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).
(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.
(2) 
Market to Affordable program (per N.J.A.C. 5:97-6.9).
(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- or moderate-income unit to an income-eligible household. The market to affordable program may produce both low- and moderate-income units.
(b) 
At the time they are offered for sale or rental, eligible units may be new, preowned 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.
(e) 
The units shall comply with UHAC with the following exceptions:
[1] 
Bedroom distribution (N.J.A.C. 5:80-26.4).
[2] 
Low/moderate income split (N.J.A.C. 5:80-26.4).
(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.
(3) 
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)).
(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 - 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 adhere to the process for extending controls pursuant to UHAC for extending ownership units and rental units, either inclusionary or 100% affordable developments.
[4] 
The deed restriction for the extended control period shall be filed with the County Clerk.
(4) 
Assisted living residence (per N.J.A.C. 5:97-6.11).
(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; and
(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.
(5) 
Supportive housing and group homes (per N.J.A.C. 5:97-6.10).
(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 subchapter. 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:
[a] 
An Affirmative Marketing Plan in accordance with the requirements set forth herein; and
[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.
G. 
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.
H. 
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:18-61.1.f, 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.
I. 
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-311.j, 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, Ocean and Monmouth 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 and 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. The affirmative marketing plan shall include the following community and regional organizations: Fair Share Housing Center; the Latino Action Network; Willingboro NAACP; Trenton NAACP; Mercer Alliance; HomeFront; and the Supportive Housing Association.
(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. 
Selection of occupants of affordable housing units.
(1) 
The Administrative Agent shall use a random selection process to select occupants of very-low-, low- and moderate-income housing.
(2) 
A pool of interested households will be maintained in accordance with the provisions of N.J.A.C. 5:80-26.16.
K. 
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.
L. 
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 and thereafter 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 subchapter 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/owner shall execute and deliver to the Administrative Agent a recapture note obliging the purchaser/owner, as well as the purchaser's/owner's heirs, successors, and assigns, to repay, upon the first nonexempt sale after the unit's release from the restrictions set forth in this Ordinance, 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 Ordinance shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to price-restricted ownership units.
M. 
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 for a 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 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.
N. 
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 for which bonus credit was given pursuant to N.J.S.A. 52:27D-311.k(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.
O. 
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).
P. 
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 and thereafter 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 Ordinance for a period of at least 40 years and thereafter until terminated. 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 Ordinance 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.
Q. 
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 Ordinance.
(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.
R. 
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.
(3) 
The applicant shall file documentation sufficient to establish the existence of any of the circumstances in Subsection R(2)(a) through (e) above with the Administrative Agent, who shall counsel the household on budgeting.
S. 
Municipal housing liaison.
(1) 
The Municipal Housing Liaison shall be approved by municipal resolution.
(2) 
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 the regulations set forth herein has been duly recorded.
(j) 
Listing on the municipal website contact information for the MHL and Administrative Agents.
T. 
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, NJAC 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 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) 
The duties and responsibilities of the Administrative Agent 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 firm, 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.
U. 
Responsibilities of the owner of a development containing affordable units.
(1) 
The owner of all developments containing affordable units subject to this subchapter 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 the requirements set forth herein, the owner of rental developments containing affordable rental units subject to this subchapter 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 that 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 the requirements set forth herein, above, the owner of affordable for-sale developments containing affordable for-sale units subject to this subchapter 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.
V. 
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 as set forth in Subsection (3);
[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, developer or tenant of the development for instances of noncompliance with NJHRC advertising requirements (N.J.S.A. 52:27D-321.6.e.(2)), following written notice. 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 re-leased 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 subchapter, 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 subchapter 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 subchapter, all of the rights and remedies available at law and in equity for the enforcement of this subchapter, 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 subchapter 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.
W. 
Development fees.
(1) 
Purpose.
(a) 
This section 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 Nonresidential Development Fee Act (C. 40:55D-8.1 through 8.7). Fees collected pursuant to this Ordinance shall be used for the sole purpose of providing very-low-, low- and moderate-income housing in accordance with a court-approved spending plan.
(2) 
Basic requirements.
(a) 
The municipality previously adopted a development fee ordinance, which established the Municipal Affordable Housing Trust Fund.
(b) 
The municipality shall not spend development fees until the court has approved a plan for spending such fees.
(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.
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 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, flood, or natural disaster.
[5] 
No development fee shall be collected for additions to residential structures such as decks.
[6] 
Not-for-profit developers shall be exempt.
(4) 
Nonresidential development fees.
(a) 
Imposition of fees.
[1] 
Within all zoning districts, nonresidential 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 nonresidential construction on an unimproved lot or lots.
[2] 
Within all zoning districts, nonresidential 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 nonresidential 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 preexisting 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 nonresidential development fee shall be zero.
(b) 
Eligible exactions, ineligible exactions and exemptions for nonresidential development.
[1] 
The nonresidential 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) 
Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required pursuant to the Statewide Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), as specified in Form N-RDF "State of New Jersey Nonresidential Development Certification/Exemption." Any exemption claimed by a developer shall be substantiated by that developer.
(d) 
A developer of a nonresidential development exempted from the nonresidential 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 nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the nonresidential development, whichever is later.
(e) 
If a property that was exempted from the collection of a nonresidential 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 nonresidential 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 Zoning Officer responsible for the issuance of a zoning permit.
(b) 
For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF, "State of New Jersey Nonresidential Development Certification/Exemption," to be completed by the developer as per the instructions provided in the Form N-RDF. The Zoning Officer shall verify the information submitted by the nonresidential 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 Zoning Officer responsible for the issuance of a zoning permit shall notify the Tax Assessor of the issuance of the first zoning 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 Zoning Officer and 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 and calculate the development fee. The Zoning Office shall notify the developer of the amount of the fee.
(g) 
Should the Township of West Windsor 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) 
Fifty percent of the development fee shall be collected at the time of issuance of the zoning 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 the zoning permit and that determined at the time of issuance of certificate of occupancy.
(i) 
No certificate of occupancy shall be issued to the developer until all developer fees have been paid in full.
(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 West Windsor Township. Appeals from a determination of the board may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S. 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 nonresidential 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 West Windsor Township. Appeals from a determination of the director may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S. 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) 
West Windsor has established a separate, interest-bearing Affordable Housing Trust Fund that is maintained by the Chief Financial Officer of the municipality for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.
(b) 
The following additional funds shall be deposited in the 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 West Windsor Township and if approved 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) 
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 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; a market-to-affordable program; regional housing partnership programs; conversion of existing nonresidential 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 West Windsor Township or activities that occurred prior to the authorization of West Windsor Township to collect development fees.
(c) 
At least 30% of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. One third of the affordability assistance portion of the development fees collected shall be used to provide affordability assistance to those households earning 30% or less of the median income for Housing Region 4, in which West Windsor is located.
[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 in the spending plan.
[2] 
Affordability assistance for households earning 30% or less of median income may include buying down the cost of low- or moderate-income units in a municipal Fair Share Plan to make them affordable to households earning 30% or less of median income. The specific programs to be used for very-low-income affordability assistance shall be identified and described in the spending plan.
[3] 
Payments in lieu of constructing affordable housing units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
(d) 
West Windsor may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including its programs for affordability assistance.
(e) 
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, West Windsor Township 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 nonresidential 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 West Windsor Township does not pursue authorization to impose and collect development fees after 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 (C. 52:27D-320).
[1]
Editor's Note: This ordinance also repealed former §§ 200-237.1 through 200-237.4, as amended.
[Amended 12-15-1986 by Ord. No. 86-35; 4-20-1990 by Ord. No. 90-12; 10-7-1991 by Ord. No. 91-23]
A. 
Adjustments required.
(1) 
The maximum permitted FAR as contained in various nonresidential zoning districts as well as the permitted residential density in residential zoning districts of this Part 4 are to be amended according to the following reduction schedule in recognition of the extent of environmentally constrained areas located on a tract. Environmentally constrained areas shall include areas designated as freshwater wetlands, as delineated by an applicant and as approved by the New Jersey Department of Environmental Protection or other governmental agencies, and water bodies as generally indicated on the most recent edition of the New Jersey Department of Environmental Protection wetlands maps contained on United States Geological Survey Topographic Quadrangle maps. Also included as environmentally constrained areas shall be areas within the one-hundred-year floodplain as indicated on the New Jersey Delineation of Floodway and Flood Hazard Areas Map (DFFHA.) Detailed soil engineering and geotechnical test data undertaken in accordance with acceptable engineering standards and practices or permits received from governmental agencies having jurisdiction over such wetlands, water bodies or floodplains indicating a different geographic area may be submitted by an applicant if the applicant seeks amendment to the boundary limits which define such environmentally constrained areas depicted by the New Jersey Department of Environmental Protection wetlands maps and DFFHA.
(2) 
Multiple environmentally constrained areas on a tract shall be additive, except those instances where various environmentally constrained areas overlap. In overlap cases, the largest constrained area shall be used for calculation purposes.
(3) 
The FAR or residential density permitted by a particular zoning district for a tract containing environmentally constrained areas shall require an adjustment to be made based on the following chart. Once the reduction factor is determined, it shall be subtracted from the base FAR or residential density allowed in the zoning district to arrive at the adjusted FAR or residential density permitted for a parcel containing environmentally constrained areas.
Extent of Environmentally Constrained Areas Expressed as % of Total Tract
Percent Reduction of Maximum Base Permitted FAR/ Residential Density
0 to 30
None
31 to 50
40
51 to 60
60
61 to 100
85
(4) 
By way of example in application of the above chart, if a tract located within a nonresidential zone permitting a maximum FAR of 0.30 contained 70% environmentally constrained areas, the adjusted maximum permitted FAR would be 0.045, derived as follows:
(a) 
Maximum base permitted FAR = 0.30.
(b) 
Percent reduction due to environmentally constrained areas = 85%.
(c) 
FAR reduction = 0.30 x 85% = 0.255.
(d) 
Adjusted maximum permitted FAR= 0.30 - 0.255 = 0.045 FAR.
(5) 
The Planning Board, upon review of a development application containing environmentally constrained areas, shall evaluate the resultant adjusted FAR or residential density, including those instances where no adjustment results through application of the above table, with respect to its impact on a site's environmental resources, and may further reduce the adjusted FAR or residential density by up to 50% if the proposed development application cannot assure positive findings with respect to the following performance criteria:
(a) 
The development application's compliance with all applicable transition buffers and/or setback limitations that may be required by the New Jersey Department of Environmental Protection pursuant to the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:7A-1 et seq., Freshwater Wetlands Protection Act.
(b) 
The extent to which fill or encroachment exceeds that allowed by the New Jersey Department of Environmental Protection with respect to wetlands or floodplain disturbance.
(c) 
Bulk variances are not requested as a result of an attempt to utilize adjusted FAR building potential or residential density.
(d) 
Site design and development on upland portions of the site cause significant degradation of groundwater or surface water quality and further significantly impair the wetland's or floodplain's environmental and hydrological purposes as defined by standard engineering and environmental resource protection practices.
B. 
The provisions of Subsection A of this section shall not apply to any zone in which low- and moderate-income housing is permitted, except that they shall apply to the ROM-1 Zone.
[Amended 1-9-1995 by Ord. No. 94-65[1]]
[1]
Editor's Note: Original Section 22-9.16, Calculation of Floor Area, which immediately followed this subsection and containing portions of Ord. Nos. 87-20 and 90-12, was repealed in its entirety by Ord. No. 91-23.
[Added 10-15-1990 by Ord. No. 90-28; amended 2-25-1991 by Ord. No. 91-06]
A. 
General. In order to preserve existing recreational open space lands within an R-2 District, one or more tracts located within the ROM-1 or ROM-2 District may be permitted to increase the permitted floor area of development on those tract(s) in exchange for maintaining in perpetuity separate and properly subdivided lot(s) for continued open space or recreational use.
B. 
Standards.
(1) 
The minimum lot size for the land to be preserved shall be 100 contiguous acres in a properly subdivided lot(s).
(2) 
The tract to be preserved shall be designated on the Township's Community Facilities Master Plan as existing semipublic recreation/open space.
(3) 
The extent of preservation development credits to be received from such preserved lands shall be determined by the Planning Board and be based on a hypothetical subdivision layout conforming to all zoning and subdivision criteria. Sufficient information shall be provided for a determination by the Planning Board as to the number of proposed lots which would be buildable if developed as shown. Based on the number of hypothetical building lots, the maximum residential building square footage that is permitted on such lots by the zone district in which the preservation tract is located can be established.
(4) 
The preservation development credits once established pursuant to Subsection B(5) herein are valid and may be utilized within the receiving areas set forth in Subsection B(6) herein for a period of 18 years following the date of recording of a deed imposing a restriction on the use of the land within the R-2 zone to open space or recreational uses in perpetuity. If the preservation development credits are incorporated as part of an approval of a development application for a receiving tract during the eighteen-year period, the right to utilize such incorporated credits shall be for the duration that such approval remains valid. Banking and subsequent transfer of excess preservation development credits from one property in the ROM-1 and ROM-2 Districts to another shall not be permitted.
(5) 
The utilization of the preservation development credits shall be authorized upon the recording by the owner of a deed restriction, in a form acceptable to the Township Attorney, and running with the land from which the preservation development credits are proposed to be transferred and restricting such land to open space or recreational uses permitted in the R-2 District in perpetuity, and limited by applicable bulk and area regulations. Such restrictions shall also be made a part of the final subdivision or site plan application of a development which proposes to utilize such credits and shall be filed with the appropriate agencies as a condition to such development application approval. In addition, right-of-way dedication in accordance with the Circulation Element of the Township's Master Plan shall be required from the parcel to be preserved.
(6) 
The receiving tract for the recreation preservation development credits shall be permitted to utilize the approved credits for permitted but not for conditional use, provided that the tract complies with the following:
(a) 
It is located within an ROM-1 District southwest of Washington Road (Route 571) or an ROM-2 District, except that area north of Alexander Road and west of the Bearbrook Creek, as such zones are delineated on the Zoning Map of West Windsor Township dated January, 1990, notwithstanding any changes in such district boundaries which may be enacted subsequent to the adoption of this Part 4, except that if any tract within the area bounded by Washington Road to the north, the New Jersey Transit Railroad to the east, Quakerbridge Road to the south and the Delaware and Raritan Canal to the west is subsequently zoned to ROM-1 or ROM-2, such tract shall be eligible to utilize the approved credits.
[Amended 3-11-1991 by Ord. No. 91-08]
(b) 
It is part of a planned development of a minimum of 20 acres which proposes a general development plan indicating generally how the additional floor area will be utilized.
(7) 
The additional floor area credit shall conform to all zoning, subdivision, site plan and other ordinance controls governing development within the ROM-1 and ROM-2 zones, including any traffic management, peak hour traffic reduction and pro rata off-tract improvement obligations, with the following exceptions/ conditions:
(a) 
Applications for development which include preservation development credits will be subject to the currently effective maximum improvement coverage (MIC) of 0.50 where required to accommodate the additional floor area credits, and in that case subsequent changes in the MIC of these ordinances will not apply.
(b) 
For developments which are proposed under the provisions of § 200-209A or § 200-211A(6) (for research-office limited manufacturing park developments), the additional floor area which the credits represent is specifically exempt from the requirements of § 200-209A(8)(f)[3] which limit the floor area of the stories above a three-storied building. All or a portion of the credit floor area may be utilized within stories above the third story of a building or buildings within a planned development solely to the extent necessary to utilize such credits and only where the improvement coverage has been fully utilized in the opinion of the board of jurisdiction.
(c) 
Notwithstanding the three-story height limitation otherwise imposed by § 200-210H and § 200-212H, building heights may be up to four stories but not more than 55 feet solely to the extent necessary to utilize such credits within the areas of the ROM-1 and ROM-2 Districts set forth in Subsection B(6) of this section which are outside a band 1,800 feet in width as measured from the right-of-way line of the state's principal arterial designated as Route One, provided that the additional floor area which the credits represent is at least equal to the total floor area proposed within the fourth story of the building or buildings in the proposed development.
[1]
Editor's Note: Former § 200-240, Affordable housing fee requirements, added 2-16-1993 by Ord. No. 93-01, was repealed 3-30-2026 by Ord. No. 2026-11.
[Added 12-16-1991 by Ord. No. 91-34]
A. 
Child-care centers shall be a permitted use in all nonresidential districts, subject to the following minimum requirements:
[Amended 3-5-2007 by Ord. No. 2007-02]
(1) 
The following minimum standards shall apply to any freestanding child-care center:
(a) 
Minimum lot area: two acres.
(b) 
Minimum lot frontage: 150 feet.
(c) 
Minimum lot width: 150 feet.
(d) 
Minimum lot depth: 150 feet.
(e) 
Minimum yards:
[1] 
Front yard: 50 feet.
[2] 
Side yard: 25 feet.
[3] 
Rear yard: 25 feet.
(2) 
The maximum number of children enrolled in any child-care center, whether freestanding or within a building, the minimum number of square feet of usable activity indoor space, and the minimum number of square feet of outdoor play space shall be as is required by the New Jersey Department of Human Services.
(3) 
The maximum improvement coverage for freestanding child-care centers shall be 30%.
(4) 
The maximum building height for freestanding child-care centers shall be 35 feet.
(5) 
The hours of operation for any child-care center, whether freestanding or within a building, shall be limited to 6:00 a.m. to 8:00 p.m.
(6) 
For any child-care center, maneuvering room shall be provided on-site for parking and unloading/loading of children so as to preclude the necessity for stacking or backing out onto a public street. No unsafe conditions for pickup and dropoff of children shall be permitted.
(7) 
For any child-care center, parking areas, pedestrian walkways or other exterior portions of the premises subject to use by day care occupants at night shall be illuminated to provide safe entrance and egress from the center. Any site illumination shall not reflect over the property lines of the premises.
(8) 
The outdoor play area shall be well-drained, completely fenced and shall not include driveways, parking areas or land otherwise unsuitable as play areas. No part of any outdoor play area shall be situated in the front yard.
(9) 
For any child-care center, all outdoor play areas shall be fenced and adequately screened from adjacent properties or uses and roadways by screen plantings within a fifteen-foot setback area along all property lines. Gate doors, where provided, shall be equipped with safety locking devices so as to preclude inadvertent opening of the fenced enclosure.
(10) 
The applicant shall include a project statement indicating the number of children to be enrolled, the ages of children to be enrolled, the number of full- and part-time employees and the hours of operation.
(11) 
All child-care centers shall be licensed by the New Jersey Department of Human Services.
[Added 12-23-1996 by Ord. No. 96-35]
A. 
The minimum floor area of living space within the lower income units shall be as follows, as established by the Balanced Housing Program of the New Jersey Department of Community Affairs, as the same may be amended from time to time:
Type of Unit
Required Floor Area
(square feet)
Efficiency
500
One-bedroom
600
Two-bedroom
750
Three-bedroom
950
Four-bedroom
1,150
B. 
The Planning Board may reduce the minimum floor area required if the unit is in congregate care housing or housing which otherwise provides communal eating arrangements and other communal space for social services, is designed for and deed restricted to persons over the age of 62 and the Planning Board finds that the design meets or exceeds reasonable habitability and health standards.
[Amended 4-6-2010 by Ord. No. 2010-07]
A. 
Intent. To minimize the adverse impacts associated with the potential proliferation of communication towers, the Township of West Windsor is pursuing a proactive policy of requiring collocation of wireless communication antennas on existing towers, on buildings, and on a new tower(s) at a public site(s) which may be designated by the Township Council.
B. 
Communication antennas not attached to towers. Any communication antenna which is not attached to a communication tower, along with its associated equipment compound and support structure, shall be a permitted accessory use to any commercial, industrial, professional, institutional or office structure, provided that:
(1) 
The wireless communications facility does not exceed more than 20 feet above the highest point of the structure.
(2) 
Amateur radio antennas are exempt from this section.
(3) 
The antennas and associated equipment shall be located on the building roof and screened so as to minimize their visual impact or be located inside the building.
Site plan review shall not be required for wireless communication antennas and associated equipment proposed in accordance with this Subsection B.
C. 
Collocation of communication antennas on existing towers. Collocation of wireless communication antennas on existing towers and associated equipment compounds is permitted as a conditional use in all zoning districts and shall be treated as a minor site plan. The conditional use standards that apply to such use are those standards set forth below in this Subsection C and those standards set forth in Subsection E.
(1) 
Height. An existing communication tower may be modified or rebuilt to a taller height, not to exceed 12 feet over such tower's existing height, to accommodate the collocation of additional communication antennas. The wireless communication antennas shall be no higher than necessary to achieve service area requirements.
(2) 
Need analysis. The applicant shall submit as part of its application a statement as to the purpose of the proposed wireless communication facility (e.g., to address a coverage or capacity issue, or a combination of both) and the type/mode (e.g., in vehicle or in building) and geographic area(s) where this is an issue (e.g., what streets, facilities or neighborhoods). The applicant shall provide propagation studies showing both current (without the proposed site) and projected (with the proposed site) coverage and service in the area of the application, including all surrounding sites (built and approved). The report shall include the design parameters used for the propagation studies, including antenna types, location, orientation and elevation, operating frequencies, ERP, and signal strength thresholds or "cut-offs." The analysis shall show the entire area where there is insufficient service or coverage and which the application is intended, at least in part, to address. Additional supporting data can be submitted, including (but not limited to) traffic data, drive tests, etc. No wireless communications facility shall be approved unless the applicant demonstrates a need for the facility at the location proposed.
(3) 
Visual impact. The proposed facility shall be designed so as to have the least visual impact reasonably possible.
(4) 
Alternatives analysis. The applicant shall undertake an alternatives analysis describing other approaches, solutions or sites it evaluated to address the need as stated in Subsection C(2) above and shall submit a report with respect thereto. This analysis shall include the location of all of its existing wireless communications facilities within the Township and outside the Township but providing service within the boundaries of the Township; the location and type of other sites considered; the availability of those sites; the extent to which other sites do not meet the applicant's service, engineering, or other needs; and the reason why the subject site was chosen over the alternatives. The analysis shall also address any alternative technologies that may be available and why such technologies are not being used. The analysis of alternatives shall include a comprehensive approach to address the need in the area where the need analysis shows insufficient service or coverage, demonstrating how the applicant intends to address the entirety of the need, including any areas or issues that would not be addressed by the proposed facility. The plan shall provide for the fewest feasible number of sites for wireless communications facilities. The applicant shall indicate any future sites it anticipates at the time of the application, to the extent currently known or forecast. Future applications by the applicant or its successor will be evaluated for consistency with this plan, and any deviation from it shall be justified to the satisfaction of the board of jurisdiction. No wireless communication facility shall be approved unless the applicant demonstrates that there are no suitable alternatives that are less visually intrusive than the proposed application.
(5) 
Additional submission requirements. In addition to the applicable documentation required for site plan approval, the following documentation shall be submitted as part of the minor site plan submission:
(a) 
Documentation by a qualified expert that any proposed wireless communications facility will have sufficient structural integrity to support the proposed antennas and anticipated future collocated antennas and that the structural standards developed for antennas by the Electronic Industries Association (EIA) and/or the Telecommunications Industry Association (TIA) have been met;
(b) 
A letter of intent by the applicant, in a form to be reviewed and approved by the board attorney, indicating that the applicant, to the extent it has the authority to do so, will share the use of the tower, including extensions, and compounds to the extent feasible, with other approved providers of wireless communications services; and
(c) 
A visual impact study, graphically simulating, through models, computer-enhanced graphics, or similar techniques, the appearance of any proposed wireless communications facility and indicating its view from at least five locations around and within one mile of the proposed wireless communications facility where such facility will be most visible. Aerial photographs of the impact area shall also be submitted.
D. 
Collocation of communication antennas on towers on public property.
(1) 
Collocation policy. The Township of West Windsor shall plan for and accommodate the growing demand for communication antennas by collocating such new antennas on towers sited on publicly owned sites controlled or designated by the Township and which are appropriate locations for facilitating wireless communications and for minimizing visual and other impacts on the public associated with communication antennas.
(2) 
Public/Private partnership to implement collocation policy.
(a) 
Any collocation communication towers will be installed, maintained and operated by a private business and/or regulated public utility on public property under lease agreement with the Township of West Windsor pursuant to the Local Land and Buildings Law[1] and/or the Local Public Contracts Law[2] of the State of New Jersey and in compliance with the ordinance requirements of the Township.
[1]
Editor's Note: See N.J.S.A. 40A:12-1 et seq.
[2]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
(b) 
In order to assure that any tower at the above-referenced location will accomplish the intent of this section, any lease agreement with the private operator or regulated public utility shall include, but not be limited to, the following requirements:
[1] 
The tower will be constructed to be capable of supporting at least 200 antennas which meet radiofrequency requirements.
[2] 
The tower shall not exceed 225 feet from grade.
[3] 
Antenna space shall be rented to all interested carriers at a rate reflecting the fair market price for such services.
[4] 
The tower shall comply with the standards set forth in Subsections E and F.
(c) 
The private entity or regulated public utility which will install, maintain and operate the collocation tower will be selected through an open public bidding process under specifications and a lease agreement to be prepared for the Mayor and Council under applicable New Jersey law governing public-private agreements. Specifications will include, but not be limited to, a demonstration of suitable past site management experience and compliance with prescribed construction standards with a cost and revenue analysis for the first five years of operation.
(d) 
Installation of wireless communication facilities on or at towers on public property shall not require site plan review.
E. 
Conditional use standards. The following design and performance standards shall apply as additional conditional use standards to communication antennas collocated on existing towers, support structures, and associated equipment compounds proposed pursuant to Subsection C hereof and shall be the standards applicable to towers, antennas, and support structures, and associated equipment compounds on public property proposed pursuant to Subsection D.
(1) 
Telecommunications equipment compound design. No buildings shall be permitted in the equipment compound. Communication equipment may be stored in cabinets.
(2) 
Fencing. A chain-link fence or wall not less than seven feet in height from finished grade shall be provided around each communication tower and equipment compound. Access to the tower shall be through a locked gate. The fence and supporting structures shall have a black matte finish.
(3) 
Landscaping. The visual impact of a communication tower and equipment compound shall be mitigated for nearby viewers through landscaping or other screening materials at the equipment compound. The following landscaping and buffering shall be required around the perimeter of the tower and equipment compound, except that the standards may be waived by the Planning Board for those sides of the proposed tower that are located adjacent to undevelopable lands and lands not in public view. Landscaping shall be installed on the outside of fences. Further, existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or in supplement towards meeting landscaping requirements.
(a) 
A continuous evergreen hedge at least seven feet high at planting.
(b) 
All landscaping shall be of the evergreen variety.
If the landscaping set forth above cannot be installed because it is prohibited, either by the owner of the site, by law, or otherwise, the applicant shall propose alternative landscaping designed to mitigate the visual impact of the communication tower and equipment compound.
(4) 
Method of determining communication tower height. For purposes of measurement, communication tower height shall include antenna, base pad and other appurtenances and shall be measured from the finished grade of the parcel.
(5) 
Illumination. Communication towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA), in which case the least intrusive type of lighting permitted by the FAA shall be used, and except as necessary for inspection of and repairs within the equipment compound, in which case the lighting may only be located within the compound and may only be turned on manually, with a mechanism to shut it off after a reasonable time to be set by the Planning Board after testimony by the applicant's representative. Lighting within the equipment compound shall not produce glare and shall be designed so as to minimize its spillover outside the compound.
(6) 
Finished color. Wireless communication improvements to existing communication towers not requiring FAA painting/marking shall have a finish that matches the existing tower.
(7) 
Structural design. Communication towers shall be constructed to the EIA/TIA 222-F standards, or such subsequent revision as is in place at the time of the Planning Board decision, as published by the Electronic Industries Association, which may be amended from time to time, and all Township construction/building codes. Further, any improvements and/or additions (e.g., antennas, satellite dishes, etc.) to existing communication towers shall require submission of site plans sealed and verified by a professional engineer which demonstrate compliance with the EIA/TIA 222-E standards. The applicant shall include in its design the opportunity for collocation by others or explain why collocation is not feasible.
(8) 
Underground utilities. All utilities serving any wireless communications facility shall be underground.
F. 
Standards applicable to all wireless communications facilities. The following standards, which are not conditional use standards, shall apply to all wireless communications facilities:
(1) 
Maintenance. Wireless communications facilities shall be maintained to ensure their continued structural integrity. The owner of a wireless communications facility shall also perform such other maintenance of the structure and of the site as to ensure that it does not create a visual nuisance.
(2) 
Inspection.
(a) 
An applicant may be required to inspect its wireless facility upon notice from the Township.
(b) 
Inspections shall be conducted by an engineer licensed to practice in the State of New Jersey. The results of such inspections shall be provided to the Township Engineer. Based upon the results of an inspection, the Township may require repair or removal of a communication tower. Upon removal of the wireless communications facility, if such facility is a tower, the site shall be restored in the manner acceptable to the Township Landscape Architect.
(3) 
Abandonment. Any wireless communications facility that is not operated for a continuous period of 12 months shall be considered abandoned. The owner of such facility shall remove it within 90 days of notice from the Zoning Officer that the facility is abandoned. If such facility is not removed within 90 days, the Township may remove such facility at the owner's expense. If the facility is to be retained, the provider shall establish that the facility will be reused within one year after such abandonment. If the facility is not reused within one year, the facility shall be removed. At the discretion of the Zoning Officer, upon good cause shown, the one-year reuse period may be extended for a period not to exceed one additional year.
(4) 
The wireless communications facility shall comply with all applicable FCC and FAA regulations.
(5) 
The wireless communications facility shall comply with all applicable building codes.
(6) 
Signs. Signs displaying owner contact information, warnings, and equipment information and safety instructions shall be provided. No other signage shall be permitted.
(7) 
Noise. No equipment shall be operated so as to produce a noise level on adjoining properties that exceeds the noise level permitted by Township Code.
(8) 
Activity and access. All equipment shall be designed and automated to the greatest extent possible in order to reduce the need for on-site maintenance and thereby to minimize the need for vehicular trips to and from the site. Access shall be from established site access points whenever possible. No more off-street parking than is necessary shall be permitted.
(9) 
Each application for any wireless communications facilities shall include either a preliminary or a certified statement that the operation of the facility, including reception and transmission functions, will operate within the parameters established by the applicable FCC licenses and regulation, so as to minimize the possibility of interfering with the usual and customary transmission or reception of radio, television, etc., and other licensed services enjoyed by adjacent residential and nonresidential properties. In the event that only a preliminary statement is submitted with the application, a final, certified statement of noninterference will be provided and approved by the Township prior to the issuance of a building permit. The statement shall be prepared by an engineer licensed to practice in the State of New Jersey or other professional accepted by the Township.
(10) 
Approval required from other governmental agencies. Each application shall include written approval or a statement of no objection from other federal, state or county agencies that regulate communication tower sighting, design and construction.
(11) 
The applicant shall submit a report certifying that its facilities will operate in accordance with all legal requirements regarding RF exposure (FCC Report and Order 96-326 regarding Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation and FCC OET Bulletin-65, Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, and others). This report shall include the class of service, frequencies, maximum effective radiation power (ERP) of the antennas, anticipated operating ERP(s), antenna types, heights and orientation of all antennas and indicate predicted RF exposure levels under normal operations at the nearest occupied structure. A copy of the FCC license applicable to the use of the wireless communications facility shall also be submitted. The statement shall be prepared by an engineer licensed to practice in the State of New Jersey or other professional accepted by the Township.
[Added 5-1-2000 by Ord. No. 2000-07]
Billboards are permitted as a conditional use in the B-2 Business and ROM-1 Research Office and Manufacturing Zones, subject to the following conditions:
A. 
Not more than one billboard structure containing not more than two advertising faces shall be constructed on any lot. The resulting billboard shall be one single- or double-faced sign.
B. 
Such billboard structure shall only be permitted on the following parcels as designated on the West Windsor tax rolls:
(1) 
Block 7.13, Lot 47.
(2) 
Block 86, Lot 11.
(3) 
Block 8, Lot 7 and Block 7, Lot 16.01, and such areas of State Highway Route 1 that may become part of these two lots.
C. 
Billboard use as permitted on the parcels identified above shall not be subject to any minimum lot size or leasable area requirement; however, those lots shall not be further subdivided unless in accordance with the applicable zoning requirements for the zone or as modified herein.
D. 
Each billboard shall be supported by a steel monopole and shall have dimensions not greater than 14 feet (vertical) and 48 feet (horizontal) with no advertising face greater than 672 total square feet. In no event shall any billboard exceed the height limits given in Subsection E below.
E. 
The top of a permitted billboard shall not exceed the following heights as measured from the adjacent grade of U.S. Route 1:
(1) 
Block 8, Lot 7: 30 feet.
(2) 
Block 7.13, Lot 47: 32 feet.
(3) 
Block 86, Lot 11: 30 feet.
(4) 
Block 7, Lot 16.01: 35 feet.
F. 
In addition, there shall be a distance of not less than 12 feet from grade to the bottom support of a billboard so as to provide a site distance underneath the billboard.
G. 
A billboard may be developed on one of the lots identified in Subsection B in conjunction with any other use which may be permitted on the same lot. Such other use shall be developed in accordance with the use and bulk provisions of the related zone or as modified in this section. The distance of any billboard to any building shall not be less than the height of the billboard, and in no case shall it be less than 30 feet.
H. 
No billboard shall be sited in a manner that results in the crossing of any existing or proposed right-of-way or existing property line. Also, all portions of any proposed billboard structure shall be located within 100 feet of the proposed U.S. Route 1 right-of-way in existence at the time of this section.
I. 
No new billboards may be constructed on Block 86, Lot 11, prior to the removal of billboards existing as of the date of this section at that site.
J. 
The construction of any new billboard shall include landscaping provided at and around the base of the structure that shall be approved by the Township Landscape Architect.
K. 
Billboards shall not contain moving, flashing or intermittently illuminated elements. Billboard illumination shall be shielded to prevent glare and focus on sign faces only.
L. 
The application for any billboard shall be required to be submitted as a minor site plan, as well as for conditional use approval.
[Added 6-28-2004 by Ord. No. 2004-12; amended 6-6-2005 by Ord. No. 2005-07; 3-18-2019 by Ord. No. 2019-03]
A. 
A mandatory affordable housing set-aside requirement of 25% shall be imposed on any multifamily development created through any Township or land use board action involving a rezoning, use variance, density variance, redevelopment plan or rehabilitation plan permitting redevelopment, which density is at or above six dwelling units per acre and results in the construction of five or more new units over the number of units previously permitted. The low- and moderate-income housing shall meet all of the applicable standards and requirements for affordable units, including those set forth in the Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.1 et seq., and § 200-237.
B. 
At least 50% of the affordable units shall be affordable to low-income households and at least 13% of all rental affordable units shall be made affordable to very-low-income households earning 30% or less of the regional median household income by household size, which very-low-income units shall be included as part of the low-income requirement. The remaining affordable units shall be made affordable to moderate-income households. The affordable units shall be located on-site and shall be reasonably dispersed throughout the development phased in accordance with the affordable housing construction scheduled set forth in N.J.A.C. 5:97-6.4(d).
C. 
Subdivision and site plan approval shall be denied by the board unless the developer complies with the requirements to provide low- and moderate-income housing pursuant to the provisions of this section. A property shall not be permitted to be subdivided so as to avoid meeting this requirement. The board may impose any reasonable conditions to ensure such compliance.
D. 
The mandatory affordable housing set-aside requirement shall not give any developer the right to any such rezoning, variance, or other relief as set forth above or establish any obligation on the part of the Township to grant such rezoning, variance or other relief.