A.
Standards for approval. Before a construction permit
or certificate of occupancy shall be issued for any conditional use
as permitted by this chapter, application shall be made to the Planning
Board. The review by the Planning Board of a conditional use shall
include any required site plan review pursuant to this chapter. Public
notice and a hearing shall be required as stipulated by this chapter.
In deciding applications for conditional use, the Planning Board shall
consider the following standards in addition to those which may be
enumerated in the applicable sections of this chapter:
(1)
The use should be suitable for the property intended
by virtue of topography, impact on the natural environment and compatibility
with surrounding land uses.
(2)
The surrounding neighborhood should not be adversely
affected by unreasonable impacts generated by the proposed conditional
use. In particular, the Board should consider the following impacts:
(a)
Traffic generated by the proposed use should:
[1]
Not cause a local residential street to reach
a level of service of C or worse, if it is not already at level of
service C or worse, as defined by the generally accepted methods of
the Transportation Research Board.
[2]
Not cause any other street to reach a level
of service of D or worse, if it is not already at level of service
D or worse, as defined by the generally accepted methods of the Transportation
Research Board.
[3]
Not create a hazardous traffic condition as
determined by a professional transportation engineer or planner.
(b)
Environmental impact.
[1]
All activities and all storage of flammable
and explosive materials at any point shall be provided with adequate
safety devices against the hazards of fire and explosion, and adequate
fire-suppression equipment shall be installed and maintained in an
operable condition in accordance with the regulations of the Fire
Marshal's office, the Construction Official and the regulations of
applicable local, county, state and federal agencies.
[2]
No activity shall be permitted which results
in an electrical disturbance adversely affecting the operation of
any equipment beyond the building in which the disturbance is created.
[3]
There shall be no emission at any point from
any chimney or otherwise which can cause damage to human health, to
animals or vegetation, or to other forms of property; or which will
cause any excessive soiling at any point.
[4]
There shall be no discharge at any point into
any private or public sewerage system or into any stream or into the
ground of any materials in such a way or of such temperature as to
contaminate or otherwise cause the emission of hazardous materials,
except as regulated by applicable local, state or federal agencies.
[5]
Sound levels.
[a]
No activity or use shall produce
a sound-pressure level on adjacent property in excess of the level
permitted in the following table:
|
Octave Band Frequency
(cycles per second)
| ||||
|---|---|---|---|---|
|
Greater Than
|
Less Than or Equal To
|
Residential District
(decibels)
|
Nonresidential District
(decibels)
| |
|
20
|
75
|
72
|
79
| |
|
75
|
150
|
67
|
74
| |
|
150
|
300
|
59
|
66
| |
|
300
|
600
|
52
|
59
| |
|
600
|
1,200
|
46
|
53
| |
|
1,200
|
2,400
|
40
|
47
| |
|
2,400
|
4,800
|
34
|
41
| |
|
4,800
|
—
|
32
|
39
| |
[b]
The maximum permitted sound levels
for residential districts shall apply between the hours of 7:00 a.m.
and 6:00 p.m. and shall be reduced by six decibels in each octave
band for any other time of day. For the purposes of this section,
"decibels" shall mean A-weighted decibels.
[6]
Vibrations.
[a]
No activity or operation shall
produce, at any point along the lot line, continuous earthborne vibrations
greater than the maximum displacement as permitted in the following
table:
|
Frequency
(cycles per second)
| ||||
|---|---|---|---|---|
|
Greater Than
|
Less Than or Equal To
|
Residential District Displacement
(inches)
|
Nonresidential District Displacement
(inches)
| |
|
0
|
10
|
0.0004
|
0.0020
| |
|
10
|
20
|
0.0002
|
0.0010
| |
|
20
|
30
|
0.0001
|
0.0006
| |
|
30
|
40
|
0.0001
|
0.0004
| |
|
40
|
50
|
0.0001
|
0.0003
| |
|
50
|
—
|
0.0001
|
0.0002
| |
[b]
Discrete pulses that do not exceed
100 impulses per minute may not produce more than twice the displacement
specified in the table.
[7]
No activity or use shall produce a strong, dazzling
light or reflection of same beyond its lot lines. Exterior lighting
shall be shielded, buffered and directed so that glare, direct light
or reflection will not be a nuisance to adjoining properties, dwellings,
streets or districts or from adjacent buildings within an industrial
park. In no event shall a lighting intensity greater than 0.125 footcandle,
measured at grade, be permitted beyond the subject lot lines.
[8]
No operation shall release materials capable
of becoming odorous, either by bacterial decomposition or chemical
reaction, that cause or will cause odorous matter or vapor to be generated
so as to be readily discernible without instruments from any point
along the boundaries of each lot.
[9]
All fabricating, manufacturing or assembling
activities shall be conducted entirely within enclosed buildings.
(3)
The Board may consider the effect that the grant of
the conditional use would have on the logical extension of public
utilities and streets.
B.
Procedures for approval of conditional uses.
(1)
The Planning Board may attach any reasonable conditions
to its grant of a conditional use.
(2)
The Planning Board shall render a decision on an application
for a conditional use within 95 days of submission of a complete application.
(a)
This time period shall be concurrent with the
review of a site plan application.
(b)
An approval may be conditioned upon receipt
of a favorable recommendation from the County Planning Board or other
appropriate agency.
(c)
Failure to render a timely decision shall be
deemed an approval, as required by N.J.S.A. 40:55D-67.
C.
Conditional use regulations (principal and accessory
uses).
[Amended 9-24-2002]
(1)
A church, synagogue or similar place of religious
worship, provided that:
(a)
The use occurs on a lot of three acres or more
in area.
(b)
Each lot used for this purpose shall have a
minimum street frontage, lot width and lot depth of 300 feet.
(c)
No structure shall be provided within 75 feet
of a public street or property line.
(d)
The maximum permitted building coverage shall
not exceed 20%.
(e)
The maximum permitted impervious coverage shall
not exceed 40%.
(f)
The 25 feet closest to the property line or
the public street shall be bermed and landscaped so as to screen the
use from view.
(g)
The maximum height of any structure shall not
exceed 35 feet, except that a steeple may extend to a height of 55
feet.
(2)
A cemetery or memorial park, provided that:
(a)
The use occurs on a lot of 10 acres or more
in area, except as modified below.
(b)
Each lot used for this purpose shall have a
minimum street frontage of 200 feet.
(c)
No structure shall be provided within 75 feet
of a public street or property line; provided, however that graves
and headstones not exceeding five feet in height may be placed not
less than 50 feet from a public street or property line.
(d)
The 25 feet closest to the property line or
the public street shall be bermed and landscaped so as to screen the
use from view.
(e)
The maximum permitted building coverage shall
not exceed 20%.
(f)
The maximum permitted impervious coverage shall
not exceed 50%.
(g)
The maximum height of any structure shall not
exceed 25 feet.
(i)
Crematories shall only be permitted on tracts
of 25 acres or more and shall be designed so that chimneys are not
located within 500 feet of any street or property line.
(3)
Public and private schools of elementary, middle and/or
high school grade, licensed by the State of New Jersey, provided that:
(a)
The use occurs on a lot of five acres or more
in area.
(b)
Each lot used for this purpose shall have a
minimum street frontage and lot width of 300 feet.
(c)
No structure shall be provided within 100 feet
of a public street or property line.
(d)
The maximum permitted building coverage shall
not exceed 20%.
(e)
The maximum permitted impervious coverage shall
not exceed 60%.
(f)
The 25 feet closest to the property line or
the public street shall be bermed and landscaped so as to screen the
use from view.
(g)
The maximum height of any structure shall not
exceed 35 feet.
(h)
A landscape buffer of not less than 25 feet
in width shall be provided adjacent to any street line or property
line.
(4)
Public utility uses, provided that:
(a)
For purposes of this chapter, the term "public
utility uses" shall include such uses as telephone equipment centers,
power substations and other utilities serving the public, such as
sewage treatment plants, but shall exclude dumps and sanitary landfills.
(b)
The proposed installation in a specific location
must be reasonably necessary for the satisfactory provision of service
by the utility to the neighborhood or area in which the particular
use is located.
(c)
Upon testimony provided by the applicant, the
board of jurisdiction may require a lot area smaller than the minimum
lot size for the respective zoning district; however, in no case shall
the lot area be less than 900 square feet.
(d)
The design of any building in connection with
such facilities must not adversely affect the safe, comfortable enjoyment
of property rights in the surrounding area.
(e)
Adequate fences and other safety devices must
be provided as may be required. Fences, when used to enclose public
utility facilities such as electric power substations, shall be built
in accordance with the applicable requirements of the New Jersey Board
of Public Utility Commissioners and the National Electrical Safety
Code in effect at the time of the construction.
(f)
Landscape buffering, including shrubs, trees and lawns, shall be provided and maintained as required under § 230-31.
(g)
Off-street parking shall be provided as determined
by the Planning Board during site plan review.
(5)
Home occupations, subject to the following conditions.
In the case of more than one home occupation per dwelling, these regulations
shall apply to the sum of all such uses:
(a)
The home occupation may not employ more than
one person who is not a member of the household residing in the dwelling.
(b)
The home occupation must be of a nature that
will not generally generate traffic caused by clients or customers
visiting the dwelling.
(c)
The residential exterior appearance of the structure
shall not be altered.
(d)
Not more than 20% of the total floor area of
the dwelling may be devoted to the home occupation use.
(e)
There shall be no outdoor storage or display
of materials, products or equipment.
(f)
One off-street parking space must be provided
in addition to those required for the dwelling if a nonresident person
is employed in conjunction with the home occupation use.
(7)
Satellite dish antennas.
(a)
The dish must be placed in a rear yard area.
Rooftop installation is specifically prohibited.
(b)
The dish must be screened by landscaping to
a height of no less than four feet along all sides, except that a
clear passage may be maintained for the minimum width necessary to
achieve line-of-sight contact with the satellites to be served.
(c)
No more than one such satellite dish antenna
shall be permitted per lot.
(8)
Soil removal.
(a)
Soil mining or soil removal operations shall
be specifically prohibited as a principal permitted use in all zoning
districts of the Township of Mantua.
(b)
Soil removal shall be allowed as a conditional
accessory use within all zoning districts of the Township, provided
that each of the following conditions are satisfied:
[1]
The removal of soil is incidental to the development
of a principal permitted use for which final approval has been granted
by the Township Planning Board or Zoning Board of Adjustment and for
which building permits have been issued.
[3]
The soil to be removed is only that soil which
is necessary to provide for the development of the site in conformity
with the natural terrain and topography of the land to be developed.
[4]
The development plans set forth a stormwater
management plan which meets acceptable engineering standards.
[5]
Sufficient soil will be left on the site to
provide for the following: at least a depth of two feet of arable
soil throughout the site not proposed for impervious coverage, which
shall include at least four inches of topsoil and sufficient suitable
soil for the planting of all shrubbery and landscaping on site.
(c)
In making its determination, the Planning Board
or Zoning Board of Adjustment shall be guided by the standard that
the removal of soil within a residential or nonresidential district
within the Township shall be limited to only that minimal amount which
may be necessary to reasonably develop the land in question without
necessarily providing one-hundred-percent utilization of all land
on site for building plots. The plan of development must conform with
the natural terrain and topography of the site rather than making
the land itself conform to the developer's plan of development.
(9)
Day-care center.
(a)
The use shall occur on a tract with a minimum
area of one acre.
(b)
Each lot used for this purpose shall have a
minimum street frontage of 150 feet.
(c)
No structure shall be provided within 50 feet
of a public street or property line.
(d)
The maximum permitted building coverage shall
not exceed 20%.
(e)
The maximum permitted impervious coverage shall
not exceed 50%.
(f)
The 25 feet closest to the property line or
the public street shall be bermed and landscaped so as to screen the
use from view.
(g)
The maximum height of any structure shall not
exceed 35 feet.
(h)
A minimum interior area of 40 square feet per
person must be provided for the day-care use on the first floor, exclusive
of hallways, closets, bathrooms, kitchens and related areas.
(i)
A minimum outdoor play or recreation area of
100 square feet per person must be provided within a fenced area located
within the rear or side yard area.
(j)
The use must be licensed by appropriate state
and local officials.
(k)
Care may not be provided for more than 18 hours
within any one day.
(10)
Governmental use or building, including but
not limited to a municipal administrative or public safety facility,
community center or library, provided that:
(a)
The minimum lot area for this use shall be five
acres.
(b)
The minimum street frontage shall be 300 feet.
(c)
The minimum lot width shall be 300 feet.
(d)
The minimum front yard shall be 100 feet.
(e)
The minimum side yard (each) shall be 50 feet.
(f)
The minimum rear yard shall be 50 feet.
(g)
The maximum building height shall be 35 feet.
(h)
The maximum permitted impervious coverage is
70%.
(i)
The maximum building coverage permitted, including
all principal and accessory buildings located on a site, is 20%.
(11)
Convalescent home, nursing home or similar facility,
provided that:
(a)
The minimum lot area for this use shall be five
acres.
(b)
The minimum street frontage shall be 300 feet.
(c)
The minimum lot width shall be 300 feet.
(d)
The minimum front yard shall be 100 feet.
(e)
The minimum side yard (each) shall be 50 feet.
(f)
The minimum rear yard shall be 50 feet.
(g)
The maximum building height shall be 35 feet.
(h)
The maximum permitted impervious coverage is
70%.
(i)
The maximum building coverage permitted, including
all principal and accessory buildings located on a site, is 20%.
(12)
Service stations, provided that:
(a)
The use shall occur on a tract with a minimum
area of 20,000 square feet and shall have a minimum street frontage
of 150 feet.
(b)
Reserved.
[Amended 12-02-2019 by Ord. No. O-16-2019]
(c)
All appliances, pits, storage areas and trash
facilities other than gasoline filling pumps or air pumps shall be
within a building. Gasoline filling pumps and air pumps shall be permitted
within the required front yard space of a service station but shall
be no closer than 50 feet to any future street line. All lubrication,
repair or similar activities shall be performed in a fully enclosed
building, and no dismantled parts shall be displayed outside of an
enclosed building.
(d)
No junked motor vehicle or part thereof or motor
vehicles incapable of normal operation upon the highway shall be permitted
on the premises of any service station. It shall be deemed prima facie
evidence of violation of this chapter if more than three motor vehicles
incapable of operation are located at any one time upon the premises
not within a closed and roofed building; except, however, that a number
not exceeding six motor vehicles may be located upon any service station
premises outside of a closed or roofed building for a period of time
not to exceed seven days, provided that the owners of said motor vehicles
are awaiting their repair or disposition.
(e)
The 25 feet closest to the property line or
the public street shall be landscaped.
(f)
The exterior display and parking of motor vehicles,
trailers, boats or other similar equipment for sale shall not be permitted
as part of a service station.
(13)
Car washes, provided that:
(a)
All mechanical activities must be conducted
within a totally enclosed building.
(b)
Drainage from inside the building(s) shall be
fed into a sanitary sewer system. No dry well or septic tank will
be permitted in connection with said drainage. Additionally, an oil
and gas separator will be required.
(c)
The 25 feet closest to the property line or
the public street shall be bermed and landscaped so as to screen the
use from view.
(d)
Off-street parking shall be provided in accordance
with the following schedule: three access lanes for each mechanized
car-wash entrance, with each lane having a minimum capacity for 12
vehicles; one separate space for each waxing, upholstery cleaning
or similar specialized service area; and one space for every one employee.
All vehicle entrances shall be from the rear of the building, and
all parked and waiting vehicles shall be accommodated on the lot.
(14)
Self-service storage facilities, subject to
the following additional standards:
(a)
Off-street parking shall be provided at the
office at the rate of two spaces per 100 storage units, plus two spaces
for the manager's apartment.
(b)
One ten-foot-wide parking/loading lane shall
be provided adjacent to each bay of storage buildings, exclusive of
required aisle widths.
(c)
The minimum aisle width, exclusive of parking/travel
lanes, shall be 15 feet for one-way traffic flow and 24 feet for two-way
traffic flow.
(d)
Self-service storage facilities shall not exceed
one story in height.
(e)
Self-service storage facilities shall be designed
so that the exterior of the development is composed of solid masonry
walls, unbroken by garage doors, or by a decorative fence. Chain-link
fences are specifically prohibited. No portion of the facility shall
be unprotected by either a solid wall or fence.
(f)
Each facility will be heavily landscaped to
lessen the impact of the severe exterior wall or fence.
(g)
One resident manager's apartment shall be required
for on-site supervision.
(h)
The facility shall agree to include in each
lease a prohibition on the storage of toxic, explosive, hazardous
or illegal materials.
(15)
Anchor store, provided that:
[Added 5-23-2006 by Ord. No. O-04-2006]
(a)
The store(s) shall be separated from each other
by at least 300 feet in all directions.
(b)
The front facade of any single tenant store
shall be limited to a maximum of 300 feet.
(c)
Single tenant buildings and multitenant buildings
shall have no single store user larger than 125,000 square feet.
(d)
All exterior building elevations that face public
streets and/or customer parking areas shall be designed so that there
are no large expanses of blank walls. This requirement can be met
by employing the use of architectural features, including but not
limited to the following: doors, windows, pilasters, columns, horizontal
and vertical offsets, material and color variations, decorative cornices,
awnings, canopies, murals and graphics. In order to assure conformance
with this requirement, exterior building elevations must be reviewed
and approved as a part of the overall final site plan review process.
(e)
If a store remains empty for a period of 12
consecutive months, the owner and/or lessee shall work with the Township
Committee to create a plan for the removal or adaptive re-use of the
principal structure.
(f)
Vacancy maintenance requirements:
[1]
The owner shall provide security patrols on
the site to deter vandalism or other illegal activities on the property.
[2]
Stores that have been closed shall be maintained
at the standard of the occupied store prior to closure; this includes
all parking lot surfaces and landscaping.
[3]
Building fenestration, including doors and windows,
shall not be boarded up.
A.
Christmas tree sale. The annual sale of Christmas
trees is permitted in any zone between December 1 and December 25,
inclusive.
B.
Height limits. Except for single- and two-family dwellings
as permitted in this chapter, penthouses or roof structures for the
housing of stairways, tanks, ventilating fans, air-conditioning equipment
or similar equipment required to operate and maintain the building,
skylights, spires, cupolas, flagpoles, chimneys or similar structures
may be erected above the height limits prescribed by this chapter,
but in no case more than 10% more than the maximum height permitted
for the use in the district; except that farm silos have no height
restrictions.
C.
Parking of commercial vehicles in residential zones.
One commercial vehicle of a rated capacity not exceeding one ton,
on four wheels, owned or used by a resident of the premises, shall
be permitted to be regularly parked or garaged on a lot in any residential
district. The provisions of this chapter must be met on the single
lot for which the use is accessory to the main use of the premises.
This provision shall not be deemed to limit the number of commercial
trucks or cars used on a farm or construction equipment which is used
on the site for construction purposes.
D.
Public election voting places. The provisions of this
chapter shall not be construed as to interfere with the temporary
use of any property as a voting place in connection with a municipal
or other public election.
E.
Public utility lines. Public utility lines for the
transportation and distribution and control of water, electricity,
gas, oil, steam, telegraph and telephone communications and their
supporting members, other than buildings or structures, shall not
be required to be located on a lot, nor shall this chapter be interpreted
as to prohibit the use of a property in any zone for the above uses.
A.
Types and locations.
(1)
Planned residential communities are permitted on tracts
of land at least 75 acres in area where indicated on the Zoning Map.
B.
Planned residential communities.
(2)
Accessory uses permitted:
(b)
Private residential toolsheds, not to exceed
15 feet in height.
(c)
Boats on trailers and campers to be parked or
stored only and located in rear or side yards only. Their dimensions
shall not be counted in determining total building coverage, and they
shall not be used for temporary or permanent living quarters while
situated on a lot.
(d)
Usual recreational facilities.
(e)
Off-street parking and private garages.
(f)
Fences and walls not exceeding six feet in height in rear and side yard areas. (See § 230-49.)
[Amended 8-9-1994; 12-13-1994]
(g)
Signs.
(h)
Residential agriculture.
(i)
Home occupations.
(3)
Maximum building height. No detached dwelling shall exceed 35 feet and 2 1/2 stories in height, and no townhouse or garden apartment building shall exceed 35 feet and 3 1/2 stories in height, except as provided in § 230-66B of this chapter.
(4)
Maximum number of dwelling units permitted. Planned
residential communities shall be developed at an overall density of
five dwelling units per gross acre.
(5)
Area and yard requirements.
(a)
Detached dwelling units shall meet the following
requirements:
[2]
Accessory building minimum.
[Amended 11-10-1998]
[a]
Distance to side line: 10 feet,
except for buildings 100 square feet or less in gross floor area which
may be located within three feet of a property line.
[Amended 12-02-2019 by Ord. No. O-16-2019]
[b]
Distance to rear line: 10 feet,
except for buildings 100 square feet or less in gross floor area which
may be located within three feet of a property line.
[Amended 12-02-2019 by Ord. No. O-16-2019]
[c]
Distance to other building: six
feet.
(b)
Minimum distances between townhouses and/or
garden apartments shall be measured away from the front, side and
rear of each building. The total minimum distance between the buildings
shall be the sum of two abutting setback distances. The minimum setback
distances shall be 15 feet from the front of any building; 15 feet
from the side of any building; and 25 feet from the rear of any building.
No portion of any building shall be closer to any portion of any other
building than the combined distances of the abutting setback requirements
for each building, provided that the corner of the building offset
at more than a 20° angle from a line drawn parallel to another
building shall be considered a side of a building. In addition, no
building shall be located closer than 50 feet to the right-of-way
line of any arterial street, 40 feet to the right-of-way line of any
collector street, 25 feet to the right-of-way line of any local street
or 10 feet to any parking area.
(6)
Minimum off-street parking. Each individual use shall
provide parking spaces according to the following minimum provisions.
No parking area or driveway shall be located within six feet of any
property line.
[Added 12-12-1995; amended 4-24-2001]
A.
Intent. The intent of the adult community (AC) development
provisions are to promote residential development on appropriately
located larger tracts of land especially designed to meet the special
housing needs of older persons, with special emphasis on their particular
physical and social needs. The property assembled for these developments
shall be of sufficient size to permit the unified development of tracts
of land with primary access to the principal arterial or collector
roads within the Township.
B.
Design and conceptual review.
(1)
Adult community developments are encouraged and required
to use innovative design and planning in order to encourage a built
environment which reflects the character of a hamlet or village. The
architectural styles and themes must allow for a diversity of designs
typical of older Town centers. The development should consist of harmonious
groupings of buildings and other land uses, including the arrangement
of circulation, parking and open space, contained in an integral cohesive
plan, reflecting sensitivity to the community and the natural resources
available.
(2)
Designs must create a recognizable community center
which emphasizes pedestrian circulation, attractive civic spaces,
squares, greens and parks, with a special sense of neighborhood identity.
Environmentally sensitive open space and wildlife habitats must be
preserved and protected while allowing and encouraging residents to
appreciate these resources with well-planned and low-impact access,
e.g., trails through stream corridors.
(3)
In order to assure the goals and objectives of the
adult community development standards, developers must participate
in an informal conceptual review process with the Planning Board.
The meeting before the Board will not require public notification,
and plans must be submitted at least 14 days prior to the meeting.
The plans must include a sketch plan of lots, streets and pedestrianways,
the identification of environmentally sensitive areas and preliminary
architectural designs.
C.
Age and occupancy requirements.
(1)
The following age and occupancy requirements shall apply to all dwelling
units in an AC development:
[Amended 9-19-2016 by Ord. No. O-10-2016]
(a)
Permanent residents must be at least 55 years of age, except
that a spouse under 55 years may occupy a unit together with his or
her spouse who is at least 55 years of age. "Permanent residents"
are defined as people who live in the units more than 90 days in any
twelve-month period or more than 90 consecutive days at any time.
(b)
A maximum of one child, age 19 or older, may also reside as
a permanent resident with his or her parent or parents or as otherwise
required by N.J.S.A. 40:55D-66.
(c)
In no event, however, shall there be more than four permanent
residents in any one unit.
(2)
Applicants for AC developments must present documentation
verifying that the proposed development and its associated or accessory
use, facilities and services meet the requirements of the applicable
federal laws and regulations governing housing for older persons which
allow exemptions from prohibitions against discrimination because
of familial status.
D.
Uses.
(1)
Principal permitted uses on the land and in buildings
shall be as follows:
[Amended 12-02-2019 by Ord. No. O-16-2019]
(2)
Accessory uses permitted. The following accessory
uses are permitted by right in this district:
(a)
Private residential toolsheds not to exceed
10 feet in height and 100 square feet in area and located within three
feet of the primary structure.
(b)
Storage of boats, trailers or campers on a separate
lot specifically designed and buffered to minimize any impact from
such a use. Storage of these recreational vehicles is prohibited on
individual lots.
(c)
Common recreational, social, educational, health
and dining facilities, such as a swimming pool, tennis court, shuffleboard
court, bicycling trail, hiking trail, nature trail, sports or play
area and community building.
(d)
Off-street parking and private garages.
(e)
Fences and walls not exceeding six feet in height
in rear and side yard areas.
(f)
Signs.
(g)
Gardening for the exclusive benefit of residents.
(h)
Home occupations.
(3)
Accessory uses not permitted: Private swimming pools
are not permitted.
E.
Bulk and design requirements.
[Amended 12-02-2019 by Ord. No. O-16-2019]
(1)
The maximum number of dwelling units shall be four
dwelling units per gross acre.
(2)
AC developments are only permitted on tracts of land
at least 90 acres in area.
(3)
Detached dwelling units shall meet the following requirements:
(a)
Principal building minimum.
[1]
The following minimum standards may be applied
to a maximum of 40% of the single-family detached lots in an AC development:
[a]
Lot area, minimum: 5,000 square
feet.
[b]
Lot frontage, minimum: 50 feet.
[c]
Lot width, minimum: 50 feet.
[d]
Lot depth, minimum: 100 feet.
[e]
Side yard, aggregate: 15 feet.
[f]
Side yard, minimum: five feet.
[g]
Front yard, minimum: 20 feet.
[h]
Rear yard, minimum: 20 feet, including
decks and patios.
[i]
Patios and Decks:
At grade patios can be installed within 15 feet of the rear
setback line.
Elevated patios and decks are only permitted where the yard
opens up to open space on perimeter lots of the development, or where
there is a minimum of 25 feet of open space between the adjoining
rear lot. On decks, all exposed deck posts and joists must be clad
in white vinyl. Deck boards must be composite material. Railings must
be white PVC or black aluminum/wrought iron.
[Added 12-02-2019 by Ord. No. O-16-2019]
[2]
The following minimum standards shall apply
to all other single-family detached lots in an AC development:
[a]
Lot area: 5,500 square feet.
[b]
Lot frontage, minimum: 55 feet.
[c]
Lot width, minimum: 55 feet.
[d]
Lot depth, minimum: 100 feet.
[e]
Side yard, aggregate: 15 feet.
[f]
Side yard, minimum: five feet.
[g]
Front yard, minimum: 20 feet.
[h]
Rear yard, minimum: 20 feet.
[i]
Patios and Decks:
At grade patios can be installed within 15 feet of the rear
setback line.
Elevated patios and decks are only permitted where the yard
opens up to open space on perimeter Tots of the development, or where
there is a minimum of 25 feet of open space between the adjoining
rear lot. On decks, all exposed deck posts and joists must be clad
in white vinyl. Deck boards must be composite material. Railings must
be white PVC or black aluminum/wrought iron.
[Added 12-02-2019 by Ord. No. O-16-2019]
(4)
Development buffer. The entire perimeter of an AC development shall be buffered either by existing natural vegetation or a landscaped buffer area a minimum of 25 feet in width and in accordance with § 230-31, Landscape and buffer standards. The natural vegetation may be acceptable if it meets or exceeds the requirements of the landscaped buffer.
F.
Minimum off-street parking. The standards for residential
units shall be the same as provided in the Residential Site Improvement
Standards (N.J.A.C. 5:21-4.14 et seq.). Nursing homes and assisted
living facilities shall provide 3/4 of a space per bed, plus one space
for every employee on the largest shift.
[Amended 8-9-1994; 4-10-2023 by Ord. No. O-4-2023]
A.
Affordable housing obligation: general program purposes; procedures.
(1)
This section of the Township Code sets forth regulations regarding
the low- and moderate-income housing units in the Township consistent
with the provisions known as the "Substantive Rules of the New Jersey
Council on Affordable Housing," N.J.A.C. 5:93.1 et seq.,[1] and the Uniform Housing Affordability Controls ("UHAC"),
N.J.A.C. 5:80-26.1 et seq., except where modified by the requirements
for very-low-income housing as established in P.L. 2008, c. 46 (the
"Roberts Bill," codified at N.J.S.A. 52:27D-329.1 et seq.), such that
the statutory requirement to provide very-low-income units equal to
13% of affordable units approved and constructed after July 17, 2008,
to be affordable to households at 30% of the regional median income
overrides the UHAC requirement that 10% of all low- and moderate-income
units must be affordable at 35% of the regional median income, and
the Township's constitutional obligation to provide a fair share
of affordable housing for low- and moderate-income households.
[1]
Editor's Note: So in original. The provisions of N.J.A.C.
5:93 expired on 10-16-2016.
(2)
This section is intended to assure 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. This section shall apply to all inclusionary
developments and 100% affordable developments (including those funded
with low-income housing tax credit financing) except where inconsistent
with applicable law.
B.
ACT
ADAPTABLE
ADMINISTRATIVE AGENT
AFFIRMATIVE MARKETING
AFFORDABILITY AVERAGE
AFFORDABLE
AFFORDABLE HOUSING DEVELOPMENT
AFFORDABLE HOUSING PROGRAM(S)
AFFORDABLE UNIT
AGE-RESTRICTED UNIT
AGENCY
ALTERNATIVE LIVING ARRANGEMENT
ASSISTED LIVING RESIDENCE
CERTIFIED HOUSEHOLD
COAH
DCA
DEVELOPER
DEVELOPMENT
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
FAIR SHARE PLAN
HOUSING ELEMENT
INCLUSIONARY DEVELOPMENT
LOW-INCOME HOUSEHOLD
LOW-INCOME UNIT
MARKET-RATE UNITS
MEDIAN INCOME
MODERATE-INCOME HOUSEHOLD
MODERATE-INCOME UNIT
MUNICIPAL HOUSING LIAISON
NONEXEMPT SALE
RANDOM SELECTION PROCESS
REGIONAL ASSET LIMIT
REHABILITATION
RENT
RESTRICTED UNIT
SPECIAL MASTER
UHAC
VERY-LOW-INCOME HOUSEHOLD
VERY-LOW-INCOME UNIT
Definitions. As used herein the following terms shall have the following
meanings:
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.).
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.[2]
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
A sales price or rent within the means of a very-low-, low-
or moderate-income household as defined in N.J.A.C. 5:93-7.4;[5] in the case of an ownership unit, that the sales price
for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6,
as may be amended and supplemented, and, in the case of a rental unit,
that the rent for the unit conforms to the standards set forth in
N.J.A.C. 5:80-26.12, as may be amended and supplemented.
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable development
for which all or a portion of the units are income restricted for
very-low-, low- and/or moderate-income households.
Any mechanism in a municipal Fair Share Plan prepared or
implemented to address a municipality's fair share obligation.
A housing unit proposed or created pursuant to the Act, credited
pursuant to N.J.A.C. 5:93,[6] and/or funded through an affordable housing trust fund.
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that: 1) all the residents of the development where the unit
is situated are 62 years or older; or 2) at least 80% of the units
are occupied by one person that is 55 years or older; or 3) the development
has been designated by the Secretary of the U.S. Department of Housing
and Urban Development as "housing for older persons" as defined in
Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
A structure in which households live in distinct bedrooms
yet share kitchen and plumbing facilities, central heat and common
areas. Alternative living arrangement includes, but is not limited
to: transitional facilities for the homeless; Class A, B, C, D, and
E boarding homes as regulated by the New Jersey Department of Community
Affairs; residential health-care facilities as regulated by the New
Jersey Department of Health; group homes for the developmentally disabled
and mentally ill as licensed and/or regulated by the New Jersey Department
of Human Services; and congregate living arrangements.
A facility licensed by the New Jersey Department of Health
and Senior Services to provide apartment-style housing and congregate
dining and to assure that assisted living services are available when
needed for four or more adult persons unrelated to the proprietor
and that offers units containing, at a minimum, one unfurnished room,
a private bathroom, a kitchenette and a lockable door on the unit
entrance.
A household that has been certified by an Administrative
Agent as a very-low-, low- or moderate-income household.
The Council on Affordable Housing, as established under the
New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
The State of New Jersey Department of Community Affairs.
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development, including the holder
of an option to contract or purchase, or other person having an enforceable
proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:93-8.[7]
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 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
The plan that describes the mechanisms, strategies and the
funding sources, if any, by which the Township proposes to address
its affordable housing obligation as established in the Housing Element,
including the draft ordinances necessary to implement that plan, and
addresses the requirements of N.J.A.C. 5:93-5.[8]
The portion of the Township's Master Plan, required
by the Municipal Land Use Law ("MLUL"), N.J.S.A. 40:55D-28b(3) and
the Act, that includes the information required by N.J.A.C. 5:93-5.1[9] and establishes the Township's fair share obligation.
A development containing both affordable units and market-rate
units. This term includes, but is not necessarily limited to: new
construction, the conversion of a nonresidential structure to residential
and the creation of new affordable units through the reconstruction
of a vacant residential structure.
A household with a total gross annual household income equal
to 50% or less of the median household income.
A restricted unit that is affordable to a low-income household.
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
The median income by household size for the applicable county,
as adopted annually by COAH or approved by the NJ Superior Court.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income
household.
A municipal employee responsible for oversight of the municipal
affordable housing program, including overseeing the administration
of affordability controls, the affirmative marketing plan, monitoring
and reporting and, where applicable, supervising any contracted Administrative
Agent.
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a Class
A beneficiary and the transfer of ownership by court order.
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by adopted/approved regional income limits.
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted living residences, rent does
not include charges for food and services.
A dwelling unit, whether a rental unit or ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
An expert appointed by a judge to make sure that judicial
orders are followed. A master's function is essentially investigative,
compiling evidence or documents to inform some future action by the
Court.
Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
A household with a total gross annual household income equal
to 30% or less of the median household income for the applicable housing
region.
A restricted unit that is affordable to a very-low-income
household.
[2]
Editor's Note: See now N.J.A.C 5:23-3.14(b).
[3]
Editor's Note: So in original. The provisions of N.J.A.C.
5:91 expired on 4-2-2008.
[4]
Editor's Note: So in original. The provisions of N.J.A.C.
5:93 expired on 10-16-2016.
[5]
Editor's Note: So in original. The provisions of N.J.A.C.
5:93 expired on 10-16-2016.
[6]
Editor's Note: So in original. The provisions of N.J.A.C.
5:93 expired on 10-16-2016.
[7]
Editor's Note: So in original. The provisions of N.J.A.C.
5:93 expired on 10-16-2016.
[8]
Editor's Note: So in original. The provisions of N.J.A.C.
5:93 expired on 10-16-2016.
[9]
Editor's Note: So in original. The provisions of N.J.A.C.
5:93 expired on 10-16-2016.
C.
Administration of affordable units. The following requirements shall
apply to all new or planned developments that contain low- and moderate-income
housing units.
(1)
Phasing. Final site plan or subdivision approval shall be contingent
upon the affordable housing development meeting the following phasing
schedule for low- and moderate-income units, whether developed in
a single-phase development or in a multiphase development:
|
Maximum Percentage of Low-Market-Rate Units Completed
|
Minimum Percentage of Moderate-Income Units Completed
|
|---|---|
|
25%
|
0%
|
|
25% + 1 unit
|
10%
|
|
50%
|
50%
|
|
75%
|
75%
|
|
90%
|
100%
|
|
100%
|
(2)
Design. In inclusionary developments, low- and moderate-income units
shall be integrated with the market units.
(3)
Utilities. Affordable units shall utilize the same type of heating
source as market units within the affordable development.
(4)
Low/Moderate Split and Bedroom Distribution of Affordable Housing
Units:
(a)
The fair share obligation shall be divided equally between low-
and moderate-income units, except that where there is an odd number
of affordable housing units, the extra unit shall be a low-income
unit.
(b)
In each affordable housing development, the total number of
units within each bedroom distribution shall have at least 50% of
the restricted units for low-income households, with at least 13%
affordable to very-low-income households.
(c)
Affordable developments that are not age-restricted shall be
structured in conjunction with realistic market demands such that:
[1]
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total low- and moderate-income units;
[2]
At least 30% of all low- and moderate-income units shall be
two-bedroom units;
[3]
At least 20% of all low- and moderate-income units shall be
three-bedroom units; and
[4]
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
(d)
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
low- and moderate-income units within the inclusionary development.
The standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
(5)
Accessibility requirements:
(a)
The first floor of all new restricted townhouse dwelling units
and all restricted multistory dwelling units attached to at least
one other dwelling unit shall be subject to the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.[10]
[10]
Editor's Note: See now N.J.A.C 5:23-3.14(b).
(b)
All restricted townhouse dwelling units and all restricted multistory
dwelling units attached to at least one other dwelling unit shall
have 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 on the first floor:
[a]
An interior accessible route of travel shall not
be required between stories within an individual unit;
[4]
An adaptable room that can be used as a bedroom, with a door
or the casing for the installation of a door, on the first floor;
and
[5]
An accessible entranceway as set forth at P.L. 2005, c. 350
(N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C.
5:23-7,[11] or evidence that the Township 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 Township of Mantua's 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 under Subsection C(5)(b)[5][b]
herein shall be used by the Township for the sole purpose of making
the adaptable entrance of any affordable unit accessible when requested
to do so by a person with a disability who occupies or intends to
occupy the unit and requires an accessible entrance.
[d]
The developer of the restricted units shall submit
a design plan and cost estimate for the conversion from adaptable
to accessible entrances to the Construction Official of the Township
of Mantua.
[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,[12] and that the cost estimate of such conversion is reasonable,
payment shall be made to the Township of Mantua's Affordable
Housing Trust Fund in care of the Municipal Treasurer, who shall ensure
that the funds are deposited into the Affordable Housing Trust Fund
and appropriately earmarked.
[i]
Full compliance with the foregoing provisions shall not be required
where an entity can demonstrate that it is site impracticable to meet
the requirements. Determinations of site impracticability shall be
in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.[13]
[13]
Editor's Note: See now N.J.A.C 5:23-3.14(b).
[12]
Editor's Note: See now N.J.A.C 5:23-3.14(b).
[11]
Editor's Note: See now N.J.A.C 5:23-3.14(b).
(6)
Maximum rents and sales prices.
(a)
In establishing rents and sales prices of affordable housing
units, the Administrative Agent shall follow the procedures set forth
in UHAC and by the Superior Court, utilizing the regional income limits
established.
(b)
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for restricted very-low-,
low- and moderate-income units shall be affordable to households earning
no more than 52% of median income.
(c)
The developers and/or municipal sponsors of restricted rental
units shall establish at least one rent for each bedroom type for
very-low-, low- and moderate-income units.
[1]
At least 13% of all low- and moderate-income rental units shall
be affordable to households earning no more than 30% of median income.
(d)
The maximum sales price of restricted ownership units within
each affordable development shall be affordable to households earning
no more than 70% of median income, and each affordable development
must achieve an affordability average of 55% for restricted ownership
units; in achieving this affordability average, moderate-income ownership
units must be available for at least three different prices for each
bedroom type, and low-income ownership units must be available for
at least two different prices for each bedroom type.
(e)
In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units other
than assisted living facilities, the following standards shall be
met:
[1]
A studio or efficiency unit shall be affordable to a one-person
household;
[2]
A one-bedroom unit shall be affordable to a one-and-one-half
person household;
[3]
A two-bedroom unit shall be affordable to a three-person household;
[4]
A three-bedroom unit shall be affordable to a four-and-one-half
person household; and
[5]
A four-bedroom unit shall be affordable to a six-person household.
(f)
In determining the initial rents for compliance with the affordability
average requirements for restricted units in assisted living facilities,
the following standards shall be met:
(g)
The initial purchase price for all restricted ownership units
shall be calculated so that the monthly carrying cost of the unit,
including principal and interest (based on a mortgage loan equal to
95% of the purchase price and the Federal Reserve H.15 rate of interest),
taxes, homeowners' and private mortgage insurance and condominium
or homeowners' association fees do not exceed 28% of the eligible
monthly income of the appropriate size household as determined under
N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided,
however, that the price shall be subject to the affordability average
requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(h)
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30% of the eligible monthly income of the appropriate
household size as determined under N.J.A.C. 5:80-26.4, as may be amended
and supplemented; provided, however, that the rent shall be subject
to the affordability average requirement of N.J.A.C. 5:80-26.3, as
may be amended and supplemented.
(i)
The price of owner-occupied very-low-, low-and moderate-income
units may increase annually based on the percentage increase in the
regional median income limit for each housing region. In no event
shall the maximum resale price established by the Administrative Agent
be lower than the last recorded purchase price.
(j)
Income limits for all units for which income limits are not
already established through a federal program exempted from the Uniform
Housing Affordability Controls pursuant to N.J.A.C. 5:80-26.1 et seq.
shall be updated by the Township annually within 30 days of the publication
of determinations of median income by HUD as follows:
[1]
Regional income limits shall be established for Region 5 based
on the median income by household size, which shall be established
by a regional weighted average of the uncapped Section 8 income limits
published by HUD. To compute this regional income limit, the HUD determination
of median county income for a family of four is multiplied by the
estimated households within the county according to the most recent
decennial census. The resulting product for each county within the
housing region is summed. The sum is divided by the estimated total
households from the most recent decennial census in Region 5. This
quotient represents the regional weighted average of median income
for a household of four. The income limit for a moderate-income unit
for a household of four shall be 80% of the regional weighted average
median income for a family of four. The income limit for a low-income
unit for a household of four shall be 50% of the HUD determination
of the regional weighted average median income for a family of four.
The income limit for a very-low-income unit for a household of four
shall be 30% of the regional weighted average median income for a
family of four. These income limits shall be adjusted by household
size based on multipliers used by HUD to adjust median income by household
size. In no event shall the income limits be less than those for the
previous year.
[2]
The income limits calculated each year shall be the result of applying the percentages set forth in Subsection C(6)(j)[1] above to HUD's determination of median income for the relevant fiscal year, and shall be utilized until the Township updates the income limits after HUD has published revised determinations of median income for the next fiscal year.
[3]
The Regional Asset Limit used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3 shall be calculated by the Township annually by taking the percentage increase of the income limits calculated pursuant to Subsection C(6)(j)[1] above over the previous year's income limits, and applying the same percentage increase to the Regional Asset Limit from the prior year. In no event shall the Regional Asset Limit be less than that for the previous year.
(k)
The rent levels of very-low-, low- and moderate-income units
may be increased annually based on the percentage increase in the
Housing Consumer Price Index for the Northeast Urban Area, upon its
publication for the prior calendar year. This increase shall not exceed
9% in any one year. Rents for units constructed pursuant to low-income-housing
tax credit regulations shall be indexed pursuant to the regulations
governing low-income-housing tax credits.
(l)
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 approved by DCA for its Section 8 program.
(7)
Condominium and homeowner's association fees.
(a)
For any affordable housing unit that is part of a condominium
association and/or homeowner's association, the master deed shall
reflect that the association fee assessed for each affordable housing
unit shall be established at 100% of the market-rate fee.
(8)
Affordable unit controls and requirements.
(a)
The requirements of this section apply to all developments that
contain affordable housing units, including any currently unanticipated
future developments that will provide very-low-, low- and moderate-income
housing units.
(9)
Affirmative marketing.
(a)
The Township shall adopt by resolution an affirmative marketing
plan, subject to approval of the Superior Court, compliant with N.J.A.C.
5:80-26.15, as may be amended and supplemented.
(b)
The affirmative marketing plan is a regional marketing strategy
designed to attract buyers and/or renters of all majority and minority
groups, regardless of race, creed, color, national origin, ancestry,
marital or familial status, gender, affectional or sexual orientation,
disability, age or number of children to housing units which are being
marketed by a developer, sponsor or owner of affordable housing. The
affirmative marketing plan is also intended to target those potentially
eligible persons who are least likely to apply for affordable units
in that region. It is a continuing program that directs all marketing
activities toward COAH Housing Region 5 and covers the period of deed
restriction.
(c)
The affirmative marketing plan shall provide a regional preference
for all households that live and/or work in COAH Housing Region 5,
comprised of Burlington, Camden and Gloucester Counties.
(d)
The Administrative Agent designated by the Township shall assure
the affirmative marketing of all affordable units is consistent with
the affirmative marketing plan for the municipality.
(e)
The Township shall add to the list of community and regional
organizations in its affirmative marketing plan, pursuant to N.J.A.C.
5:80-26.15(f)(5), FSHC; Fair Share Housing Development; Camden County
NAACP; the Latino Action Network; Willingboro NAACP; Southern Burlington
County NAACP; Burlington County Community Action Program; and the
Supportive Housing Association and shall, as part of its regional
affirmative marketing strategies during its implementation of this
plan, provide notice to those organizations of all available affordable
housing units. The Township also agrees to require any other entities,
including developers or persons or companies retained to do affirmative
marketing, to comply with this subsection.
(f)
In implementing the affirmative marketing plan, the Administrative
Agent shall provide a list of counseling services to low- and moderate-income
applicants on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements, and landlord/tenant law.
(g)
The affirmative marketing process for available affordable units
shall begin at least four months prior to the expected date of occupancy.
(h)
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner,
unless otherwise determined or agreed to by the Township of Mantua.
(10)
Occupancy standards.
(a)
In referring certified households to specific restricted units,
to the extent feasible, and without causing an undue delay in occupying
the unit, the Administrative Agent shall strive to:
(b)
Additional provisions related to occupancy standards (if any)
shall be provided in the municipal operating manual.
(11)
Selection of occupants of affordable housing units.
(12)
Control Periods for Restricted Ownership Units and Enforcement
Mechanisms.
(a)
Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, and each restricted ownership unit shall
remain subject to the controls on affordability for a period of at
least 30 years, until the municipality takes action to release the
controls on affordability.
(b)
Rehabilitated owner-occupied housing units that are improved
to code standards shall be subject to affordability controls for a
period of 10 years.
(c)
The affordability control period for a restricted ownership
unit shall commence on the date the initial certified household takes
title to the unit.
(d)
The affordability controls set forth in this section shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
(e)
A restricted ownership unit shall be required to obtain a continuing
certificate of occupancy or a certified statement from the Construction
Official stating that the unit meets all code standards upon the first
transfer of title that follows the expiration of the applicable minimum
control period provided under N.J.A.C. 5:80-26.5(a), as may be amended
and supplemented.
(13)
Price Restrictions for Restricted Ownership Units, homeowners'
Association Fees, Resale Prices and Restriction on Lease of Affordable
Units.
(a)
Price restrictions for restricted ownership units shall be in
accordance with N.J.A.C. 5:80-26.1 et seq., as may be amended and
supplemented, including:
[1]
The initial purchase price for a restricted ownership unit shall
be approved by the Administrative Agent.
(b)
The Administrative Agent shall approve all resale prices, in
writing and in advance of the resale, to assure compliance with the
foregoing standards.
(c)
The method used to determine the condominium association fee
amounts and special assessments shall be indistinguishable between
the very-low-, low- and moderate-income unit owners and the market
unit owners.
(d)
The owners of restricted ownership units may apply to the Administrative
Agent to increase the maximum sales price for the unit on the basis
of capital improvements. Eligible capital improvements shall be those
that render the unit suitable for a larger household or the addition
of a bathroom.
(e)
As per the Township's Court-approved spending plan, the
Affordable Housing Trust Fund will be utilized to incentivize owners
to extend affordability controls in the Villages at Berkeley. Any
units where controls are extended under this program shall be subject
to the controls outlined in this section.
(f)
Owners of restricted ownership units shall not offer the restricted
unit for lease.
(14)
Buyer income eligibility.
(a)
Buyer income eligibility for restricted ownership units shall
be in accordance with N.J.A.C. 5:80-26.1 et seq., as may be amended
and supplemented, such that very-low-income units shall be reserved
for households with a gross household income less than or equal to
30% of median income for Region 5, low-income ownership units shall
be reserved for households with a gross household income less than
or equal to 50% of median income for Region 5 and moderate-income
ownership units shall be reserved for households with a gross household
income less than 80% of median income for Region 5.
(b)
The Administrative Agent shall certify a household as eligible
for a restricted ownership unit when the household is a very-low-income
household, low-income household or a moderate-income household, as
applicable to the unit, and the estimated monthly housing cost for
the particular unit (including principal, interest, taxes, homeowners'
and private mortgage insurance and condominium or homeowners'
association fees, as applicable) does not exceed 33% of the household's
certified monthly income.
(15)
Limitations on indebtedness secured by ownership unit; subordination.
(a)
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the Administrative Agent shall determine in writing
that the proposed indebtedness complies with the provisions of this
section.
(b)
With the exception of original purchase money mortgages, during
a control period neither an owner nor a lender shall at any time cause
or permit the total indebtedness secured by a restricted ownership
unit to exceed 95% of the maximum allowable resale price of that unit,
as such price is determined by the Administrative Agent in accordance
with N.J.A.C. 5:80-26.6(b).
(16)
Control periods for restricted rental units.
(a)
Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, and each restricted rental unit shall remain
subject to the controls on affordability for a period of at least
30 years, until the municipality takes action to release the controls
on affordability.
[1]
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 thirty-year compliance period plus a fifteen-year
extended use period.
(b)
Rehabilitated renter-occupied housing units that are improved
to code standards shall be subject to affordability controls for a
period of 10 years.
(c)
Deeds of all real property that include restricted rental units
shall contain deed restriction language. The deed restriction shall
have priority over all mortgages on the property, and the deed restriction
shall be filed by the developer or seller with the records office
of the County of Gloucester. A copy of the filed document shall be
provided to the Administrative Agent within 30 days of the receipt
of a certificate of occupancy.
(d)
A restricted rental unit shall remain subject to the affordability
controls of this section, despite the occurrence of any of the following
events:
(17)
Price Restrictions for Rental Units; Leases.
(a)
A written lease shall be required for all restricted rental
units, except for units in an assisted living residence, and tenants
shall be responsible for security deposits and the full amount of
the rent as stated on the lease. A copy of the current lease for each
restricted rental unit shall be provided to the Administrative Agent.
(b)
No additional fees or charges shall be added to the approved
rent (except, in the case of units in an assisted living residence,
to cover the customary charges for food and services) without the
express written approval of the Administrative Agent.
(c)
Application fees (including the charge for any credit check)
shall not exceed 5% of the monthly rent of the applicable restricted
unit and shall be payable to the Administrative Agent to be applied
to the costs of administering the controls applicable to the unit
as set forth in this section.
(18)
Tenant income eligibility.
(a)
Tenant income eligibility shall be in accordance with N.J.A.C.
5:80-26.13, as may be amended and supplemented, and shall be determined
as follows:
[1]
Very-low-income rental units shall be reserved for households
with a gross household income less than or equal to 30% of median
income.
[2]
Low-income rental units shall be reserved for households with
a gross household income less than or equal to 50% of median income.
[3]
Moderate-income rental units shall be reserved for households
with a gross household income less than 80% of median income.
(b)
The Administrative Agent shall certify a household as eligible
for a restricted rental unit when the household is a very-low-income,
a low-income or a moderate-income household, as applicable to the
unit, and the rent proposed for the unit does not exceed 35% (40%
for age-restricted units) of the household's eligible monthly
income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended
and supplemented; provided, however, that this limit may be exceeded
if one or more of the following circumstances exists:
[1]
The household currently pays more than 35% (40% for households
eligible for age-restricted units) of its gross household income for
rent, and the proposed rent will reduce its housing costs;
[2]
The household has consistently paid more than 35% (40% for households
eligible for age-restricted units) of eligible monthly income for
rent in the past and has proven its ability to pay;
[3]
The household is currently in substandard or overcrowded living
conditions;
[4]
The household documents the existence of assets with which the
household proposes to supplement the rent payments; or
[5]
The household documents proposed third-party assistance from
an outside source such as a family member in a form acceptable to
the Administrative Agent and the owner of the unit.
(c)
The applicant shall file documentation sufficient to establish the existence of the circumstances in Subsection C(18)(b)[1] through [5] above with the Administrative Agent, who shall counsel the household on budgeting.
(19)
Conversions.
(a)
Each affordable housing unit created through the conversion
of a nonresidential structure shall be considered a new housing unit
and shall be subject to the affordability controls for a new housing
unit.
(20)
Alternative living arrangements.
(a)
The administration of an alternative living arrangement shall
be in compliance with N.J.A.C. 5:93-5.8[14] and UHAC, with the following exceptions:
[1]
Affirmative marketing (N.J.A.C. 5:80-26.15); provided, however,
that the units or bedrooms may be affirmatively marketed by the provider
in accordance with an alternative plan approved by the Court;
[2]
Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3).
[14]
Editor's Note: So in original. The provisions of N.J.A.C.
5:93 expired on 10-16-2016.
(b)
With the exception of units established with capital funding
through a twenty-year operating contract with the Department of Human
Services, Division of Developmental Disabilities, alternative living
arrangements shall have at least thirty-year controls on affordability
in accordance with UHAC, unless an alternative commitment is approved
by the Court.
(c)
The service provider for the alternative living arrangement
shall act as the Administrative Agent for the purposes of administering
the affirmative marketing and affordability requirements for the alternative
living arrangement.
D.
Municipal Housing Liaison.
(1)
The position of Municipal Housing Liaison for the Township of Mantua
is hereby established. The Municipal Housing Liaison shall be appointed
by duly adopted resolution of the Township Mayor and Committee and
be subject to the approval of the Superior Court.
(2)
The Municipal Housing Liaison must be either a full-time or part-time
employee of the Township of Mantua.
(4)
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Township
of Mantua, including the following responsibilities which may not
be contracted out to the Administrative Agent:
(a)
Serving as the municipality's primary point of contact
for all inquiries from the state, affordable housing providers, Administrative
Agents and interested households;
(b)
The implementation of the affirmative marketing plan and affordability
controls;
(c)
When applicable, supervising any contracting Administrative
Agent;
(d)
Monitoring the status of all restricted units in the Township
of Mantua's Fair Share Plan;
(e)
Compiling, verifying and submitting annual reports as required
by the Superior Court;
(f)
Coordinating meetings with affordable housing providers and
Administrative Agents, as applicable; and
(g)
Attending continuing education opportunities on affordability
controls, compliance monitoring and affirmative marketing as offered
or approved by the Superior Court.
E.
Administrative Agent.
(1)
The Township shall designate, by resolution of the Township Mayor
and Committee, one or more Administrative Agents to administer newly
constructed affordable units in accordance with N.J.A.C. 5:93[16] and UHAC.
[16]
Editor's Note: So in original. The provisions of N.J.A.C.
5:93 expired on 10-16-2016.
(2)
Developers of affordable housing units shall utilize the Township's
appointed Administrative Agent for the administration of affordable
units, unless specifically authorized to do otherwise by the Township
Mayor and Committee or Planning or Zoning Board. All administration
costs, including those of the Administrative Agent, shall be paid
by the developer.
(3)
An operating manual shall be provided by the Administrative Agent(s)
to be adopted by resolution of the governing body and subject to approval
of the Superior Court. The operating manuals shall be available for
public inspection in the office of the Municipal Clerk and in the
office(s) of the Administrative Agent(s).
(4)
The Administrative Agent shall perform the duties and responsibilities
of an Administrative Agent as are set forth in UHAC and which are
described in full detail in the operating manual, including those
set forth in N.J.A.C. 5:80-26.14, 5:80-26.16 and 5:80-26.18 thereof,
which includes:
(a)
Attending continuing education opportunities on affordability
controls, compliance monitoring, and affirmative marketing as offered
or approved by the Superior Court;
(b)
Affirmative marketing;
(c)
Household certification;
(d)
Affordability controls;
(e)
Records retention;
(f)
Resale and re-rental;
(g)
Processing requests from unit owners; and
(h)
Enforcement, although the ultimate responsibility for retaining
controls on the units rests with the municipality.
(5)
The Administrative Agent shall, as delegated by the Township Mayor
and Committee, have the authority to take all actions necessary and
appropriate to carry out its responsibilities hereunder.
F.
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 a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the municipality
may take the following action against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
(a)
The municipality may file a court action pursuant to N.J.S.A.
2A:58-11 alleging a violation, or violations, of the regulations governing
the affordable housing unit. If the owner, developer or tenant is
found by the Court to have violated any provision of the regulations
governing affordable housing units, the owner, developer or tenant
shall be subject to one or more of the following penalties, at the
discretion of the Court:
[1]
A fine of not more than $500 or imprisonment for a period not
to exceed 90 days, or both. Each and every day that the violation
continues or exists shall be considered a separate and specific violation
of these provisions and not as a continuing offense;
[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 Township of Mantua 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 low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment of an innocent tenant's reasonable relocation
costs, as determined by the Court.
(b)
The municipality may file a court action in the Superior Court
seeking a judgment, which would result in the termination of the owner's
equity or other interest in the unit, in the nature of a mortgage
foreclosure. Any judgment shall be enforceable as if the same were
a judgment of default of the first purchase money mortgage and shall
constitute a lien against the low- and moderate-income unit.
(3)
Such judgment shall be enforceable, at the option of the municipality,
by means of an execution sale by the Sheriff, at which time the low-
and moderate-income unit of the violating owner shall be sold at a
sale price which is not less than the amount necessary to fully satisfy
and pay off any first purchase money mortgage and prior liens and
the costs of the enforcement proceedings incurred by the municipality,
including attorney's fees. The violating owner shall have the
right to possession terminated as well as the title conveyed pursuant
to the Sheriff's sale.
(4)
The proceeds of the Sheriff's sale shall first be applied to
satisfy the first purchase money mortgage lien and any prior liens
upon the low- and moderate-income unit. The excess, if any, shall
be applied to reimburse the municipality for any and all costs and
expenses incurred in connection with either the court action resulting
in the judgment of violation or the Sheriff's sale. In the event
that the proceeds from the Sheriff's sale are insufficient to
reimburse the municipality in full as aforesaid, the violating owner
shall be personally responsible for and to the extent of such deficiency,
in addition to any and all costs incurred by the municipality in connection
with collecting such deficiency. In the event that a surplus remains
after satisfying all of the above, such surplus, if any, shall be
placed in escrow by the municipality for the owner and shall be held
in such escrow for a maximum period of two years or until such earlier
time as the owner shall make a claim with the municipality for such.
Failure of the owner to claim such balance within the two-year period
shall automatically result in a forfeiture of such balance to the
municipality. Any interest accrued or earned on such balance while
being held in escrow shall belong to and shall be paid to the municipality,
whether such balance shall be paid to the owner or forfeited to the
municipality.
(5)
Foreclosure by the municipality due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the low- and moderate-income unit. Title shall be conveyed
to the purchaser at the Sheriff's sale, subject to the restrictions
and provisions of the regulations governing the affordable housing
unit. The owner determined to be in violation of the provisions of
this plan and from whom title and possession were taken by means of
the Sheriff's sale shall not be entitled to any right of redemption.
(6)
If there are no bidders at the Sheriff's sale, or if insufficient
amounts are bid to satisfy the first purchase money mortgage and any
prior liens, the municipality may acquire title to the low- and moderate-income
unit by satisfying the first purchase money mortgage and any prior
liens and crediting the violating owner with an amount equal to the
difference between the first purchase money mortgage and any prior
liens and costs of the enforcement proceedings, including legal fees
and the maximum resale price for which the low- and moderate-income
unit could have been sold under the terms of the regulations governing
affordable housing units. This excess shall be treated in the same
manner as the excess which would have been realized from an actual
sale as previously described.
(7)
Failure of the low- and moderate-income unit to be either sold at
the Sheriff's sale or acquired by the municipality shall obligate
the owner to accept an offer to purchase from any qualified purchaser
which may be referred to the owner by the municipality, with such
offer to purchase being equal to the maximum resale price of the low-
and moderate-income unit as permitted by the regulations governing
affordable housing units.
(8)
The owner shall remain fully obligated, responsible and liable for
complying with the terms and restrictions of governing affordable
housing units until such time as title is conveyed from the owner.
G.
Appeals. Appeals from all decisions of an Administrative Agent designated
pursuant to this section shall be filed in writing with the Township.
[Added 6-9-1998]
A.
The Township of Mantua has prepared a housing element
and fair share plan in response to its affordable housing obligation
as determined by the Council on Affordable Housing (COAH). This section
shall apply to all developments that contain proposed low- and moderate-income
units that may be constructed or rehabilitated in the Township.
B.
The affirmative marketing plan is a regional marketing
strategy designed to attract buyers and/or renters of all majority
and minority groups, regardless of sex, age, or number of children,
to housing units which are being marketed by a developer/sponsor of
affordable housing. It is a continuing program and covers the period
of deed restriction. The plan shall address the requirements of N.J.A.C.
5:93-11. In addition, the plan prohibits discrimination in the sale,
rental, financing or other services related to housing on the basis
of race, color, sex, religion, handicap, age, familial status/size
or national origin. Mantua Township is in the housing region consisting
of Burlington, Gloucester and Camden Counties. The affirmative marketing
program is a continuing program and shall meet the following requirements:
(1)
All newspaper articles, announcements and requests
for applications for low- and moderate-income units shall appear in
the Gloucester County Times and any other daily regional publications
as described by the developer. (One major newspaper is sufficient
as long as the combined outreach efforts attract sufficient applicants.)
(2)
The primary marketing shall take the form of at least
one press release sent to the publications described by the developer
above and a paid display advertisement in the Gloucester County Times.
Additional advertising and publicity shall be on an as-needed basis.
(3)
The advertisement shall include a description of the:
(5)
The following regional radio and/or cable television
station(s) shall be used:
(a)
Comcast (local channel).
(6)
The following are locations where applications, brochures,
signs and/or posters used as part of the affirmative marketing program
should be placed:
(7)
The following is a listing of community contact persons
and/or organizations which will aid in the affirmative marketing program,
with particular emphasis on contacts that will reach out to groups
that are least likely to apply for housing within the region:
(a)
Robert Broughton (Gloucester County Community
Development).
(8)
Quarterly flyers and applications shall be sent to
each of the following agencies for publication in their journals and
for circulation among their members:
(a)
Board of Realtors in Burlington, Camden and
Gloucester Counties.
(9)
Applications shall be mailed to prospective applicants
upon request.
(10)
Additionally, quarterly informational circulars
and applications shall be sent to the chief administrative employees
of each of the following agencies in the Counties of Burlington, Camden
and Gloucester: welfare or social services board; rental assistance
office (local office of the Department of Community Affairs); office
on aging; housing authority; library and area community action agencies.
(11)
All developers of low- and moderate-income housing
units shall be required to affirmatively market the affordable units
in their respective developments.
(12)
The developer of low- and moderate-income housing
units has the responsibility to contract on its own with the Affordable
Housing Management Service (AHMS) of the New Jersey Department of
Community Affairs (DCA) to administer COAH's provisions for affirmative
marketing; to income qualify low- and moderate-income households;
to place income-eligible households in low- and moderate-income units
upon initial occupancy; to continue to qualify households for reoccupancy
of units as they become vacant during the period of affordability
controls; to assist with advertising and outreach to low- and moderate-income
households; and to enforce the terms of the deed restriction and mortgage
loan as per N.J.A.C. 5:93-9.1. The following service providers have
agreed to perform counseling services to low- and moderate-income
households on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements and landlord/tenant law.
(13)
Households who live or work in Burlington, Camden
and Gloucester Counties may be given preference for the sales and
rental units constructed within the housing region. Applicants living
outside the housing region shall have an equal opportunity for the
units after regional applicants have been initially serviced.
(14)
The marketing program shall commence at least
120 days before the issuance of either temporary or permanent certificates
of occupancy. The marketing program shall continue until all low-
and moderate-income housing units are initially occupied and for so
long as affordable units are deed restricted and occupancy or reoccupancy
of units continues to be necessary.
(15)
The developer shall make available to the Mantua
Township Planning Coordinator and/or the Municipal Planning Consultant
any and all information required by COAH to comply with its monitoring
and reporting requirements as noted in N.J.A.C. 5:93-11.6 and 5:93-12:1.
C.
Administrative agent fees The developer shall assume all costs for
the affirmative marketing and initial sales and rental transactions
associated with the low- and moderate-income housing development.
The developer's administrative agent shall have all of the responsibilities
as set forth in this section and shall follow the same procedures
for affirmative marketing, qualifying individuals and households and
recording of property instruments as described herein for the Township's
administrative agent. After the initial sales and rental transactions,
the administrative agent may assume the duties of the developer's
administrative agent for any resales or rerentals. The administrative
agent shall charge a reasonable fee to the program seller(s)/owner(s)
for which the services of the administrative agent are required. The
administrative agent shall perform the duties and responsibilities
of an administrative agent as set forth in the Uniform Housing Affordability
Controls (UHAC), N.J.A.C. 5:80-26 et seq., including those set forth
in N.J.A.C. 5:80-26.14, 5:80-26.16 and 5:80-26.18 thereof.
[Added 4-18-2022 by Ord. No. O-01-2022]
[Added 4-10-2023 by Ord. No. O-6-2023[1]]
A.
Background.
(1)
The State of New Jersey has a longstanding and well-established commitment
to maximizing the opportunities for the development of housing affordable
for very-low-, low-, and moderate-income households.
(2)
The provision of "safe, decent and attractive housing that [lower-income
households] can afford serves the community's interest in achieving
an integrated, just and free society and promotes the general welfare
of all citizens." De Simone v. Greater Englewood Hous. Corp., 56 N.J.
428, 441 (1970).
(3)
Notably, in the Mount Laurel decisions, the New Jersey Supreme Court
held that the state's Constitution makes it "plain beyond dispute
that proper provision for adequate housing of all categories of people
is certainly an absolute essential in promotion of the general welfare
required in all local land use regulation." S. Burlington Cty. NAACP
v. Mount Laurel, 67 N.J. 151, 179 (1975) (Mount Laurel I).
(4)
The Court thus found that "each . . . municipality [must] affirmatively
. . . plan and provide, by its land use regulations, the reasonable
opportunity for an appropriate variety and choice of housing, including,
of course, low and moderate cost housing, to meet the needs, desires
and resources of all categories of people who may desire to live within
its boundaries." S. Burlington Cty. NAACP v. Mount Laurel, 67 N.J.
151, 179 (1975) (Mount Laurel I).
(5)
The New Jersey Legislature itself affirmed this commitment when it
enacted the Fair Housing Act of 1985, which established that it is
in the state's interest to "maximize the number of low and moderate
units by creating new affordable housing and by rehabilitating existing,
but substandard, housing in the State." N.J.S.A. 52:27D-302.
(6)
Accordingly, the New Jersey Supreme Court has determined that "[a]ffordable
housing is a goal that is no longer merely implicit in the notion
of the general welfare. It has been expressly recognized as a governmental
end and codified under the FHA." Holmdel Builders Ass'n v. Holmdel,
121 N.J. 550, 567 (1990).
(7)
Since then, New Jersey's courts have consistently recognized
that "[t]he public policy of this State has long been that persons
with low and moderate incomes are entitled to affordable housing,"
and furthermore that those policies do not end when a municipality
has satisfied its minimum obligation under the FHA because "'[t]here
cannot be the slightest doubt that shelter, along with food, are the
most basic human needs.'" Homes of Hope, Inc. v. Eastampton Tp,
Land Use Planning Bd., 409 N.J. Super. 330, 337 (App. Div. 2009) (quoting
Mount Laurel I, 67 N.J. at 178).
B.
Affordable housing set-aside. A mandatory affordable housing set-aside
requirement shall apply beginning with the effective date of this
section to any residential development, including the residential
portion of a mixed-use project, which consists of five or more new
residential units at six units per acre or higher, or equivalent,
which results, in whole or in part, from: i) a municipal rezoning
or zoning amendment adopted after the effective date of this section,
April 10, 2023; ii) any variance pursuant to N.J.S.A. 40:55D-70d,
including but not limited to any use variance or a density variance
increasing the permissible density or FAR; and iii) the adoption of
a new or amended redevelopment plan or rehabilitation plan. The set-aside
shall be 20% where the affordable units are provided for for-sale
and 15% where the affordable units are provided for rental.
C.
Additional incentives for affordable housing. A developer subject
to the mandatory affordable housing set-aside may request, and the
appropriate approving authority may, at its discretion, grant, additional
incentives for affordable housing, including but not limited to a
density bonus, a reduction in the off-street parking spaces otherwise
required, and/or a reduction in the minimum setback requirements.
D.
Other terms applicable. The following terms shall apply to any residential
development subject to the mandatory affordable housing set-aside:
(1)
All subdivision and site plan approvals of qualifying developments
shall be conditioned upon compliance with the provisions of the mandatory
affordable housing set-aside.
(2)
No subdivision shall be permitted or approved for the purpose of
avoiding compliance with the mandatory affordable housing set-aside.
A developer may not, for example, subdivide a project into two lots
and then plan each of them to produce a number of units below the
threshold. The approving authority may impose any reasonable conditions
to ensure such compliance.
(3)
In the event the number of affordable housing units to be provided
includes a fraction, the number shall be rounded up if the fractional
amount is 0.5 or greater and rounded down if the fractional amount
is less than 0.5. The developer shall provide a payment in lieu of
constructing affordable units for the fraction of a unit less than
0.5. The payment in lieu shall be based on the amounts established
in N.J.A.C. 5:97-6.4(c).[2]
[2]
Editor's Note: So in original. The provisions of N.J.A.C.
5:97 expired on 6-2-2015.
(4)
All affordable units created shall fully comply with the Uniform
Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC"),
including but not limited to the required bedroom and income distribution,
with the sole exception that 13% of the affordable units shall be
required to be restricted for very-low-income households earning 30%
or less of the median income pursuant to the Fair Housing Act, N.J.S.A.
52:27D-301 et seq. ("FHA").
(5)
At least 50% of the affordable units within each bedroom distribution
shall be affordable to low-income households, inclusive of the at
least 13% of units affordable to very-low-income households.
(6)
The very-low-income affordable units shall be proportionately distributed
within each bedroom distribution. In a family non-age-restricted development,
at no time shall the number of one-bedroom very-low-income units exceed
the number of three-bedroom very-low-income units.
(7)
Affordable units shall be integrated with the market-rate units on-site,
and the affordable units shall not be concentrated in separate buildings
or in separate areas from the market-rate units. In buildings with
multiple dwelling units, this shall mean that the affordable units
shall be generally distributed within each building with market-rate
units. The affordable units shall also be of the same type as the
market-rate units (e.g., if the market-rate units are non-age-restricted
family units, the affordable units shall be non-age-restricted family
units as well). The residents of the affordable units shall have full
and equal access to all of the amenities, common areas, and recreation
areas and facilities as the residents of the market-rate units.
(8)
Affordable units shall be subject to affordability controls of at
least 30 years from the date of initial occupancy and affordable deed
restrictions as otherwise provided for by UHAC, with the sole exception
that very low income shall be defined as at or below 30% of median
income pursuant to the Fair Housing Act, and the affordability controls
shall remain unless and until the municipality, in its sole discretion,
takes action to extend or release the unit from such controls after
at least 30 years.
(10)
Affordable units shall be affirmatively marketed in accordance
with UHAC and applicable law. The affirmative marketing shall include
posting of all affordable units on the New Jersey Housing Resource
Center website in accordance with applicable law.
(11)
The mandatory affordable housing set-aside shall not give any
developer the right to any rezoning, variance, redevelopment designation
or redevelopment or rehabilitation plan approval, or any other such
relief, or establish any obligation on the part of the municipality
to grant such rezoning, variance, redevelopment designation, redevelopment
or rehabilitation plan approval, or other such or further relief.
(12)
No developer may make a payment in lieu of constructing affordable units on-site, except for fractional units as noted in Subsection D(3), above.
(13)
Nothing in this section precludes the municipality from imposing
an affordable housing set-aside in a development not required to have
a set-aside pursuant to this section.
E.
Severability. If any subsection, sentence, clause or phrase of this
section is, for any reason, held by a court of competent jurisdiction
to be unconstitutional or invalid, such decision shall not affect
the remaining portions of this section, and they shall remain in full
force and effect and shall be deemed valid and effective.
F.
Inconsistencies. In the event of any inconsistencies between the
provisions of this section and any prior ordinance of the municipality,
the provisions hereof shall be determined to govern and those inconsistent
provisions shall be repealed to the extent of such inconsistency.
[1]
Editor's Note: This ordinance also repealed former § 230-71,
Provision of affordable housing pursuant to cycle three "growth share"
regulations, added 3-22-2005 by Ord. No. O-4-2005.
