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.
(h) 
Off-street parking shall be provided in a side or rear yard, as required by § 230-28.
(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.
(h) 
Off-street parking shall be provided as required by § 230-28.
(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.
(i) 
Off-street parking shall be provided in a side or rear yard, as required by § 230-28.
(j) 
Signage shall be provided as required by § 230-30.
(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.
(6) 
Family day-care home.
(a) 
The use must be licensed by appropriate state and local officials and registered with the Township.
(b) 
Not more than five children may be cared for at one time.
(c) 
The use shall comply with all other requirements for home occupations.
(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.
[2] 
The developer has complied with the Mantua Township Soil Removal Ordinance[1] and obtained the required soil removal permit required thereunder.
[1]
Editor's Note: See Ch. 204, Gravel Pits.
[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.
(l) 
Off-street parking shall be provided as required by § 230-28.
(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%.
(j) 
Off-street parking shall be provided as required by § 230-28.
(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%.
(j) 
Off-street parking shall be provided as required by § 230-28.
(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.
(g) 
Off-street parking shall be provided as required by § 230-28. Such parking as required shall be separated from the driveway and general apron areas which give access to the gasoline and air pumps and service areas. No parking shall be permitted on unpaved areas.
(h) 
Signage shall be provided as required by § 230-30.
(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.
(e) 
Signage shall be provided as required by § 230-30.
(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.
(1) 
Principal permitted uses on the land and in buildings:
(a) 
Detached dwelling units.
(b) 
Garden apartments.
(c) 
Townhouses.
(d) 
Public utility uses as conditional uses under N.J.S.A. 40:55D-67. (See § 230-65A for standards.)
(e) 
Public playgrounds, conservation areas, parks and public purpose uses.
(2) 
Accessory uses permitted:
(a) 
Private residential swimming pools in rear yard areas only. (See § 230-43.)
(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:
[1] 
Principal building minimum.
[a] 
Lot area: 8,000 square feet.
[b] 
Lot frontage: 80 feet.
[c] 
Lot width: 80 feet.
[d] 
Lot depth: 80 feet.
[e] 
Side yard (each): 12 feet.
[f] 
Front yard: 20 feet.
[g] 
Rear yard: 25 feet.
[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.
[3] 
Maximum.
[a] 
Building coverage of principal building: 20%.
[b] 
Building coverage of accessory buildings: 6%.
[c] 
Impervious surface: 35%.
[Added 5-23-2006 by Ord. No. O-04-2006]
(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.
(a) 
Detached dwelling units shall each provide two spaces per dwelling unit.
(b) 
Townhouses and garden apartments shall provide 1 1/2 spaces for each unit consisting of one bedroom or less and two spaces for each unit consisting of more than one bedroom.
(c) 
See §§ 230-28 and 230-29 for additional standards.
(7) 
Permitted signs.
(a) 
Detached dwellings: information and direction signs as defined in § 230-30.
(b) 
See § 230-30 for additional standards.
(8) 
Open space requirements. See § 230-32 for standards and requirements.
(9) 
Low- and moderate-income housing requirements. All developments in this district shall make provision for housing units affordable to low- and moderate-income households, as provided by § 230-69.
[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]
(a) 
Detached dwelling units.
(b) 
Public utility uses as conditional uses under N.J.S.A. 40:55D-67. (See § 230-65A for standards.)
(c) 
Public or private playgrounds, conservation areas, parks and public purpose uses.
(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]
(b) 
Accessory building, minimum.
[1] 
Distance to side line: three feet.
[2] 
Distance to rear line: three feet.
[3] 
Distance to other buildings: 10 feet.
(c) 
Coverage.
[1] 
Building coverage: 50%.
[2] 
Impervious surface coverage: 60%.
(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.
G. 
Permitted signs: detached dwellings' information and direction signs as defined in § 230-30, Signs.
H. 
Open space and recreation requirements. Open space and recreation requirements shall conform to § 230-32, Common open space standards, for multifamily residential districts.
[Amended 8-9-1994; 4-10-2023 by Ord. No. O-4-2023; 3-9-2026 by Ord. No. O-7-2026]
A. 
Introduction and applicability.
(1) 
This section of the Code sets forth regulations regarding the very-low-, low- and moderate-income housing units in the Township of Mantua consistent with the provisions outlined in P.L. 2024, Chapter 2, including the amended Fair Housing Act ("FHA") at N.J.S.A. 52:27D-301 et seq., as well as the Department of Community Affairs, Division of Local Planning Services ("LPS") at N.J.A.C. 5:99 et seq., statutorily upheld existing regulations of the now-defunct Council on Affordable Housing ("COAH") at N.J.A.C. 5:93 and 5:97, the Uniform Housing Affordability Controls ("UHAC") at N.J.A.C. 5:80-26.1 et seq., and as reflected in the adopted municipal Fourth Round Housing Element and Fair Share Plan ("HEFSP").
(2) 
This section is intended to ensure that very-low-, low- and moderate-income units ("affordable units") are created with controls on affordability over time and that very-low-, low- and moderate-income households shall occupy these units pursuant to statutory requirements. This section shall apply to all inclusionary developments, individual affordable units, and 100% affordable housing developments except where inconsistent with applicable law. Low-Income Housing Tax Credit financed developments shall adhere to the provisions set forth below in Subsection A(5)(c) below.
(3) 
The Mantua Township Planning Board has adopted a HEFSP pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1 et seq. The Fair Share Plan describes the ways the municipality shall address its fair share of very-low-, low- and moderate-income housing as approved by the Superior Court and documented in the Housing Element.
(4) 
This section implements and incorporates the relevant provisions of the HEFSP and addresses the requirements of P.L. 2024, Chapter 2, the FHA, N.J.A.C. 5:99, NJ Supreme Court upheld COAH regulations at N.J.A.C. 5:93 and 5:97, and UHAC at N.J.A.C. 5:80-26.1, as may be amended and supplemented.
(5) 
Applicability.
(a) 
The provisions of this section shall apply to all affordable housing developments and affordable housing units that currently exist and that are proposed to be created pursuant to the municipality's most recently adopted HEFSP.
(b) 
This section shall apply to all developments that contain very-low-, low- and moderate-income housing units included in the Municipal HEFSP, including any unanticipated future developments that will provide very-low-, low- and moderate-income housing units.
(c) 
Projects receiving federal Low Income Housing Tax Credit financing and are proposed for credit shall comply with the low/moderate split and bedroom distribution requirements, maximum initial rents and sales prices requirements, affirmative fair marketing requirements of UHAC at N.J.A.C. 5:80-26.16 and the length of the affordability controls applicable to such projects shall be not less than a 30-year compliance period plus a 15-year extended-use period, for a total of not less than 45 years.
B. 
Definitions. As used herein the following terms shall have the following meanings:
95/5 RESTRICTION
Means a deed restriction governing a restricted ownership unit that is part of a housing element that received substantive certification from COAH pursuant to N.J.A.C. 5:93, as it was in effect at the time of the receipt of substantive certification, before October 1, 2001, or any other deed restriction governing a restricted ownership unit with a seller repayment option requiring 95% of the price differential to be paid to the municipality or an instrument of the municipality at the closing of a sale at market price.
ACCESSORY APARTMENTS
Means a residential dwelling unit that provides complete independent living facilities with a private entrance for one or more persons, consisting of provisions for living, sleeping, eating, sanitation, and cooking, including a stove and refrigerator, and is located within a proposed preexisting primary dwelling, within an existing or proposed structure that is an accessory to a dwelling on the same lot, constructed in whole or part as an extension to a proposed or existing primary dwelling, or constructed as a separate detached structure on the same lot as the existing or proposed primary dwelling. Accessory apartments are also referred to as "accessory dwelling units."
ACT
Means the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
ADAPTABLE
Means constructed in compliance with the technical design standards of the barrier free subcode adopted by the Commissioner of Community Affairs pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and in accordance with the provisions of Section 5 of P.L. 2005, c. 350 (N.J.S.A. 52:27D-123.15).
ADMINISTRATIVE AGENT
Means the entity approved by the Division responsible for the administration of affordable units, in accordance with N.J.A.C. 5:99-7, and UHAC at N.J.A.C. 5:80-26.15.
AFFIRMATIVE MARKETING
Means a regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.16.
AFFIRMATIVE MARKETING PLAN
Means the municipally adopted plan of strategies from which the Administrative Agent will choose to implement as part of the Affirmative Marketing requirements.
AFFIRMATIVE MARKETING PROCESS or PROGRAM
Means the actual undertaking of Affirmative Marketing activities in furtherance of each project with very-low-, low-, and moderate-income units.
AFFORDABILITY ASSISTANCE
Means the use of funds to render housing units more affordable to low- and moderate-income households and includes, but is not limited to, down payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowner's association or condominium fees and special assessments, common maintenance expenses, and assistance with emergency repairs and rehabilitation to bring deed-restricted units up to code, pursuant to N.J.A.C. 5:99-2.5.
AFFORDABILITY AVERAGE
Means an average of the percentage of regional median income at which restricted units in an affordable development are affordable to low- and moderate- income households.
AFFORDABLE
Means, in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth at N.J.A.C. 5:80-26.7 and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth at N.J.A.C. 5:80-26.13.
AFFORDABLE HOUSING DEVELOPMENT
Means a development included in a municipality's housing element and fair share plan, and includes, but is not limited to, an inclusionary development, a municipally sponsored affordable housing project, or a 100% affordable development. This includes developments with affordable units on-site, off-site, or provided as a payment in-lieu of construction only if such a payment-in-lieu option has been previously approved by the Program or Superior Court as part of the HEFSP. Payments in lieu of construction were invalidated per P.L. 2024, c. 2.
AFFORDABLE HOUSING DISPUTE RESOLUTION PROGRAM or THE PROGRAM
Refers to the dispute resolution program established pursuant to N.J.S.A. 52:27D-313.2.
AFFORDABLE HOUSING MONITORING SYSTEM or AHMS
Means the Department's cloud-based software application, which shall be the central repository for municipalities to use for reporting detailed information regarding affordable housing developments, affordable housing unit completions, and the collection and expenditures of funds deposited into the municipal affordable housing trust fund.
AFFORDABLE HOUSING TRUST FUND or AHTF
Means that non-lapsing, revolving trust fund established in DCA pursuant to N.J.S.A. 52:27D-320 and N.J.A.C. 5:43 to be the repository of all State funds appropriated for affordable housing purposes. All references to the "Neighborhood Preservation Nonlapsing Revolving Fund" and "Balanced Housing" mean the AHTF.
AFFORDABLE UNIT
Means a housing unit proposed or developed pursuant to the Act, including units created with municipal affordable housing trust funds.
AGE-RESTRICTED HOUSING
Means a housing unit that is designed to meet the needs of, and is exclusively for, an age-restricted segment of the population such that: 1. All the residents of the development where the unit is situated are 62 years or older; 2. At least 80% of the units are occupied by one person that is 55 years or older; or 3. The development has been designated by the Secretary of HUD as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
AGENCY
Means the New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
ASSISTED LIVING RESIDENCE
Means a facility licensed by the New Jersey Department of Health to provide apartment-style housing and congregate dining and to ensure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor. Apartment units must offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette, and a lockable door on the unit entrance.
BARRIER-FREE ESCROW
Means the holding of funds collected to adapt affordable unit entrances to be accessible in accordance with N.J.S.A. 52:27D-311a et seq. Such funds shall be held in a municipal affordable housing trust fund pursuant to N.J.A.C. 5:99-2.6.
BUILDER'S REMEDY
Means court-imposed site-specific relief for a litigant who seeks to build affordable housing for which the court requires a municipality to utilize zoning techniques, such as mandatory set-asides or density bonuses, including techniques which provide for the economic viability of a residential development by including housing that is not for low- and moderate-income households.
CERTIFIED HOUSEHOLD
Means a household that has been certified by an Administrative Agent as a very-low-income household, a low-income household, or a moderate-income household.
CHOICE
Means the no-longer-active Choices in Homeownership Incentives for Everyone Program, as it was authorized by the Agency.
COAH or the COUNCIL
Means the Council on Affordable Housing established in, but not of, DCA pursuant to the Act and that was abolished effective March 20, 2024, pursuant to Section 3 at P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1).
COMMISSIONER
Means the Commissioner of the Department of Community Affairs.
COMPLIANCE CERTIFICATION
Means the certification obtained by a municipality pursuant to Section 3 of P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1), that protects the municipality from exclusionary zoning litigation during the current round of present and prospective need and through July 1 of the year the next round begins, which is also known as a "judgment of compliance" or "judgment of repose." The term "compliance certification" shall include a judgment of repose granted in an action filed pursuant to Section 13 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-313).
CONSTRUCTION
Means new construction and additions, but does not include alterations, reconstruction, renovations, conversion, relocation, or repairs, as those terms are defined in the State Uniform Construction Code promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
COUNTY-LEVEL HOUSING JUDGE
Means a judge appointed pursuant to Section 5 at P.L. 2024, c. 2, to resolve disputes over the compliance of municipal fair share affordable housing obligations and municipal Fair Share plans and housing elements with the Act.
DCA and DEPARTMENT
Mean the State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT
Means a housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load-bearing structural systems.
DEPARTMENT
Means the New Jersey Department of Community Affairs.
DEVELOPER
Means the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
Means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or of any mining, excavation, or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
DEVELOPMENT FEE
Means money paid by a developer for the improvement of residential and non-residential property as permitted pursuant to N.J.S.A. 52:27D-329.2 and 40:55D-8.1 through 40:55D-8.7 and N.J.A.C. 5:99-3.
DISPUTE RESOLUTION PROGRAM
Means the Affordable Housing Dispute Resolution Program, established pursuant to Section 5 at P.L. 2024, c. 2 (N.J.S.A. 52:27D-313.2).
DIVISION
Means the Division of Local Planning Services within the Department of Community Affairs.
EMERGENT OPPORTUNITY
Means a circumstance that has arisen whereby affordable housing will be able to be produced through a delivery mechanism not originally contemplated by or included in a fair share plan that has been the subject of a compliance certification.
EQUALIZED ASSESSED VALUE or EAV
Means the assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with Sections 1, 5, and 6 at P.L. 1973, c. 123 (N.J.S.A. 54:1-35a, 54:1-35b, and 54:1-35c). Estimates at the time of building permit may be obtained by the tax assessor using construction cost estimates. Final EAV shall be determined at project completion by the municipal assessor.
EQUITY SHARE AMOUNT
Means the product of the price differential and the equity share, with the equity share being the whole number of years that have elapsed since the last non-exempt sale of a restricted ownership unit, divided by 100, except that the equity share may not be less than 5% and may not exceed 30%.
EXCLUSIONARY ZONING LITIGATION
Means litigation challenging the fair share plan, housing element, ordinances, or resolutions that implement the fair share plan or housing element of a municipality based on alleged noncompliance with the Act or the Mount Laurel doctrine, which litigation shall include, but shall not be limited to, litigation seeking a builder's remedy.
EXIT SALE
Means the first authorized non-exempt sale of a restricted unit following the end of the control period, which sale terminates the affordability controls on the unit.
EXTENSION OF EXPIRING CONTROLS
Means extending the deed restriction period on units where the controls will expire in the current round of a housing obligation, so that the total years of a deed restriction is at least 60 years.
FAIR SHARE OBLIGATION
Means the total of the present need and prospective need, including prior rounds, as determined by the Affordable Housing Dispute Resolution Program, or a court of competent jurisdiction.
FAIR SHARE PLAN
Means the plan or proposal, with accompanying ordinances and resolutions, by which a municipality proposes to satisfy its constitutional obligation to create a realistic opportunity to meet its fair share of low- and moderate-income housing needs of its region and which details the affirmative measures the municipality proposes to undertake to achieve its fair share of low- and moderate-income housing, as provided in the municipal housing element, and which addresses the development regulations necessary to implement the housing element, including, but not limited to, inclusionary requirements and development fees, and the elimination of unnecessary housing cost-generating features from the municipal land use ordinances and regulations.
FHA
Means the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
GREEN BUILDING STRATEGIES
Means the strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
HMFA or THE AGENCY
Means the New Jersey Housing and Mortgage Finance Agency established pursuant to P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
HOUSEHOLD INCOME
Means a household's gross annual income calculated in a manner consistent with the determination of annual income pursuant to Section 8 of the United States Housing Act of 1937 (Section 8), not in accordance with the determination of gross income for Federal income tax liability.
HOUSING ELEMENT
Means the portion of a municipality's master plan adopted in accordance with the Municipal Land Use Law (MLUL) at N.J.S.A. 40:55D-28.b(3) and the Act consisting of reports, statements proposals, maps, diagrams, and text designed to meet the municipality's fair share of its region's present and prospective housing needs, particularly with regard to low- and moderate-income housing, which shall include the municipal present and prospective obligation for affordable housing, determined pursuant to Subsection f at N.J.S.A. 52:27D-304.1.
HOUSING REGION
Means a geographic area established pursuant to N.J.S.A. 52:27D-304.2b.
INCLUSIONARY DEVELOPMENT
Means a residential housing development in which a substantial percentage of the housing units are provided for a reasonable income range of low- and moderate-income households.
JUDGMENT OF COMPLIANCE or JUDGMENT FOR REPOSE
Means a determination issued by the Superior Court approving a municipality's fair share plan to satisfy its affordable housing obligation for a particular 10-year round.
LOW-INCOME HOUSEHOLD
Means a household with a household income equal to 50% or less of the regional median income.
LOW-INCOME UNIT
Means a restricted unit that is affordable to a low-income household.
MAJOR SYSTEM
Means the primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load-bearing structural systems.
MIXED USE DEVELOPMENT
Means any development that includes both a non-residential development component and a residential development component, and shall include developments for which: (1) there is a common developer for both the residential development component and the non-residential development component, provided that for purposes of this definition, multiple persons and entities maybe considered a common developer if there is a contractual relationship among them obligating each entity to develop at least a portion of the residential or non-residential development, or both, or otherwise to contribute resources to the development; and (2) the residential and non-residential developments are located on the same lot or adjoining lots, including, but not limited to, lots separated by a street, a river, or another geographical feature.
MODERATE-INCOME HOUSEHOLD
Means a household with a household income in excess of 50% but less than 80% of the regional median income.
MODERATE-INCOME UNIT
Means a restricted unit that is affordable to a moderate-income household.
MONI
Means the no-longer-active Market Oriented Neighborhood Investment Program, as it was authorized by the Agency.
MUNICIPAL AFFORDABLE HOUSING TRUST FUND
Means a separate, interest-bearing account held by a municipality for the deposit of development fees, payments in lieu of constructing affordable units on sites zoned for affordable housing previously approved prior to March 20, 2024 (per P.L. 2024, c. 2), barrier-free escrow funds, recapture funds, proceeds from the sale of affordable units, rental income, repayments from affordable housing program loans, enforcement fines, unexpended RCA funds remaining from a completed RCA project, application fees, and any other funds collected by the municipality in connection with its affordable housing programs, which shall be used to address municipal low- and moderate-income housing obligations within the time frames established by the Legislature and this chapter.
MUNICIPAL DEVELOPMENT FEE ORDINANCE
Means an ordinance adopted by the governing body of a municipality that authorizes the collection of development fees.
MUNICIPAL HOUSING LIAISON or MHL
Means an appointed municipal employee who is, pursuant to N.J.A.C. 5:99-6, responsible for oversight and/or administration of the affordable units created within the municipality.
NEW CONSTRUCTION
Means the creation of a new housing unit under regulation by a code enforcement official regardless of the means by which the unit is created. Newly constructed units are evidenced by the issuance of a certificate of occupancy and may include new residences created through additions and alterations, adaptive reuse, subdivision, or conversion of existing space, and moving a structure from one location to another.
NEW JERSEY AFFORDABLE HOUSING TRUST FUND
Means an account established pursuant to N.J.S.A. 52:27D-320.
NEW JERSEY HOUSING RESOURCE CENTER or HOUSING RESOURCE CENTER
Means the online affordable housing listing portal, or its successor, overseen by the Agency pursuant to N.J.S.A. 52:27D-321.3 et seq.
NON-EXEMPT SALE
Means any sale or transfer of ownership of a restricted unit to one's self or to another individual other than the transfer of ownership between spouses or civil union partners; the transfer of ownership between former spouses or civil union partners ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a class A beneficiary; and the transfer of ownership by court order.
NON-RESIDENTIAL DEVELOPMENT
Means:
(1) 
Any building or structure, or portion thereof, including, but not limited to, any appurtenant improvements, which is designated to a use group other than a residential use group according to the State Uniform Construction Code, N.J.A.C. 5:23, promulgated to effectuate the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., including any subsequent amendments or revisions thereto;
(2) 
Hotels, motels, vacation timeshares, and child-care facilities; and
(3) 
The entirety of all continuing care facilities within a continuing care retirement community which is subject to the Continuing Care Retirement Community Regulation and Financial Disclosure Act, N.J.S.A. 52:27D-330 et seq.
NON-RESIDENTIAL DEVELOPMENT FEE
Means the fee authorized to be imposed pursuant to N.J.S.A. 40:55D-8.1 through 40:55D-8.7.
NONPROFIT
Means an organization granted nonprofit status in accordance with Section 501(c)(3) of the Internal Revenue Code.
ORDER FOR REPOSE
Means the protection a municipality has from a builder's remedy lawsuit for a period of time from the entry of a judgment of compliance by the Superior Court. A judgment of compliance often results in an order for repose.
PAYMENT IN LIEU OF CONSTRUCTING AFFORDABLE UNITS
Means the prior approval of the payment of funds to the municipality by a developer when affordable units are were not produced on a site zoned for an inclusionary development. The statutory permission for payments in lieu of constructing affordable units was eliminated per P.L. 2024, c. 2.
PERSON WITH A DISABILITY
Means a person with a physical disability, infirmity, malformation, or disfigurement which is caused by bodily injury, birth defect, aging, or illness including epilepsy and other seizure disorders, and which shall include, but not be limited to, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impairment, the inability to speak or a speech impairment, or physical reliance on a service animal, wheelchair, or other remedial appliance or device.
PRICE DIFFERENTIAL
Means the difference between the controlled sale price of a restricted unit and the contract price at the exit sale of the unit, determined as of the date of a proposed contract of sale for the unit. If there is no proposed contract of sale, the price differential is the difference between the controlled sale price of a restricted unit and the appraised value of the unit as if it were not subject to UHAC, determined as of the date of the appraisal. If the controlled sale price exceeds the contract price or, in the absence of a contract price, the appraised value, the price differential is $0.
PRIOR ROUND UNIT
Means a housing unit that addresses a municipality's fair share obligation from a round prior to the fourth round of affordable housing obligations, including any unit that: (1) received substantive certification from COAH; (2) is part of a third-round settlement agreement or judgment of compliance approved by a court of competent jurisdiction, inclusive of units created pursuant to a zoning designation adopted as part of the settlement agreement or judgment of compliance to create a realistic opportunity for development; (3) is subject to a grant agreement or other contract with either the State or a political subdivision thereof entered into prior to July 1, 2025, pursuant to either item (1) or (2) above; or (4) otherwise addresses a municipality's fair share obligation from a round prior to the fourth round of affordable housing obligations. A unit created after the enactment of P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.1) on March 20, 2024, is not a prior round unit unless: (1) it is created pursuant to a prior round development plan or zoning designation that received COAH or court approval on or before the cutoff date of June 30, 2025, or the date that the municipality adopts the implementing ordinances and resolutions for the fourth round of affordable housing obligations, whichever occurs sooner; and (2) its siting and creation are consistent with the form of the prior round development plan or zoning designation in effect as of the cutoff date, without any amendment or variance.
PROGRAM
Means the Affordable Housing Dispute Resolution Program, established pursuant to Section 5 of P.L. 2024, c. 2 (N.J.S.A. 52:27D-313.2).
PROSPECTIVE NEED
Means a projection of housing needs based on development and growth which is reasonably likely to occur in a region or a municipality, as the case may be, as a result of actual determination of public and private entities. Prospective need shall be determined by the methodology set forth pursuant to Sections 6 and 7 of P.L. 2024, c. 2 (N.J.S.A. 52:27D-304.2 and 52:27D-304.3) for the fourth round and all future rounds of housing obligations.
QUALIFIED URBAN AID MUNICIPALITY
Means a municipality that meets the criteria established pursuant to N.J.S.A. 52:27D-304.3, Subdivision 7c(1).
RANDOM SELECTION PROCESS
Means a lottery process by which currently income-eligible applicant-households are selected, at random, for placement in affordable housing units such that no preference is given to one applicant over another, except in the case of a veterans' preference where such an agreement exists; for purposes of matching household income and size with an appropriately priced and sized affordable unit; or another purpose allowed pursuant to N.J.A.C. 5:80-26.7(k)3. This definition excludes any practices that would allow affordable housing units to be leased or sold on a first-come, first-served basis.
RCA ADMINISTRATOR
Means an appointed municipal employee who is responsible for oversight and/or administration of affordable units and associated revenues and expenditures within the municipality that were funded through regional contribution agreements.
RCA PROJECT PLAN
Means a past application, submitted by a receiving municipality in an RCA, delineating the manner in which the receiving municipality intended to create or rehabilitate low- and moderate-income housing.
RECEIVING MUNICIPALITY
Means, for the purposes of an RCA, a municipality that contractually agreed to assume a portion of another municipality's fair share obligation.
RECONSTRUCTION
Means any project where the extent and nature of the work is such that the work area cannot be occupied while the work is in progress and where a new certificate of occupancy is required before the work area can be reoccupied, pursuant to the Rehabilitation Subcode of the Uniform Construction Code, N.J.A.C. 5:23-6. Reconstruction shall not include projects comprised only of floor finish replacement, painting or wallpapering, or the replacement of equipment or furnishings. Asbestos hazard abatement and lead hazard abatement projects shall not be classified as reconstruction solely because occupancy of the work area is not permitted.
RECREATIONAL FACILITIES AND COMMUNITY CENTERS
Means any indoor or outdoor buildings, spaces, structures, or improvements intended for active or passive recreation, including, but not limited to, ballfields, meeting halls, and classrooms, accommodating either organized or informal activity.
REGIONAL CONTRIBUTION AGREEMENT or RCA
Means a contractual agreement, pursuant to the Act, into which two municipalities voluntarily entered into and was approved by COAH and/or Superior Court prior to July 18, 2008, to transfer a portion of a municipality's affordable housing obligation to another municipality within its housing region.
REGIONAL MEDIAN INCOME
Means the median income by household size for an applicable housing region, as calculated annually in accordance with N.J.A.C. 5:80-26.3.
REHABILITATION
Means the repair, renovation, alteration, or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
RENT
Means the gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. With respect to units in assisted living residences, rent does not include charges for food and services.
RESIDENTIAL DEVELOPMENT FEE
Means money paid by a developer for the improvement of residential property as permitted pursuant to N.J.S.A. 52:27D-329.2 and N.J.A.C. 5:99-3.2.
RESTRICTED UNIT
Means a dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of this subchapter but does not include a market-rate unit that was financed pursuant to UHORP, MONI, or CHOICE.
SPENDING PLAN
Means a method of allocating funds contained in an affordable housing trust fund account, which includes, but is not limited to, development fees collected and to be collected pursuant to an approved municipal development fee ordinance, or pursuant to N.J.S.A. 52:27D-329.1 et seq., for the purpose of meeting the housing needs of low- and moderate-income individuals.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN or STATE PLAN
Means the plan prepared pursuant to Sections 1 through 12 of the "State Planning Act," P.L. 1985, c. 398 (N.J.S.A. 52:18A-196 et al.), designed to represent a balance of development and conservation objectives best suited to meet the needs of the State, and for the purpose of coordinating planning activities and establishing Statewide planning objectives in the areas of land use, housing, economic development, transportation, natural resource conservation, agriculture and farmland retention, recreation, urban and suburban redevelopment, historic preservation, public facilities and services, and intergovernmental coordination pursuant to Subsection f of Section 5 of P.L. 1985, c. 398 (N.J.S.A. 52:18A-200).
SUPPORTIVE HOUSING HOUSEHOLD
Means a very-low-, low- or moderate-income household certified as income eligible by an Administrative Agent in accordance with N.J.A.C. 5:80-26.14, in which at least one member is an individual who requires supportive services to maintain housing stability and independent living and who is part of a population identified by federal or state statute, regulation, or program guidance as eligible for supportive or special needs housing. Such populations include, but are not limited to: persons with intellectual or developmental disabilities, persons with serious mental illness, person with head injuries (as defined in Section 2 of P.L. 1977), persons with physical disabilities or chronic health conditions, persons who are homeless as defined by the U.S. Department of Housing and Urban Development at 24 CFR Part 578, survivors of domestic violence, youth aging out of foster care, and other special needs populations recognized under programs administered by the U.S. Department of Housing and Urban Development, the Low-Income Housing Tax Credit Program, the McKinney—Vento Act, or the New Jersey Department of Human Services. A supportive housing household may include family members, unrelated individuals, or live-in aides, provided that the household meets the income eligibility requirements of this subchapter, except that in the case of unrelated individuals not operating as a family unit, income eligibility shall be tested on an individual basis rather than in the aggregate; the unit is leased or sold subject to the affordability controls established herein; and the supportive services available to the household are designed to promote housing stability, independent living, and community integration. The determination of whether unrelated individuals are operating as a family unit shall be made based on the applicant's self-identification of household members on the affordable housing application.
SUPPORTIVE HOUSING SPONSORING PROGRAM
Means grant or loan program which provided financial assistance to the development of the unit.
SUPPORTIVE HOUSING UNIT
Means a restricted rental unit, as defined by N.J.S.A. 34:1B-21.24, that is affordable to very-low-, low- or moderate-income households and is reserved for occupancy by a supportive housing household. Supportive housing units are also referred to as permanent supportive housing units.
TRANSITIONAL HOUSING
Means temporary housing that: (1) includes, but is not limited to, single-room occupancy housing or shared living and supportive living arrangements; (2) provides access to on-site or off-site supportive services for very-low-income households who have recently been homeless or lack stable housing; (3) is licensed by the department; and (4) allows households to remain for a minimum of six months.
TREASURER
Means the Treasurer of the State of New Jersey.
UHAC
Means the Uniform Housing Affordability Controls set forth at N.J.A.C. 5:80-26.
UHORP
Means the Agency's Urban Homeownership Recovery Program, as it was authorized by the Agency Board.
UNIT TYPE
Means type of dwelling unit with various building standards including but not limited to single-family detached, single-family attached/townhouse, stacked townhouse (attached building containing two units each with separate entrances), duplex (detached building containing two units each with separate entrances), triplex (three units each with separate entrance), quadplex (four units each with separate entrance), multifamily/flat (two or more units with a shared entrance). Inclusion of a garage, or not, shall not define the unit type.
VERY-LOW-INCOME HOUSEHOLD
Means a household with a household income less than or equal to 30% of the regional median income.
VERY-LOW-INCOME HOUSING
Means housing affordable according to the Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to 30% or less of the median gross household income for households of the same size within the housing region in which the housing is located.
VERY-LOW-INCOME UNIT
Means a restricted unit that is affordable to a very-low-income household.
VETERAN
Means a veteran as defined at N.J.S.A. 54:4-8.10.
VETERANS' PREFERENCE
Means the agreement between a municipality and a developer or residential development owner that allows for low- to moderate-income veterans to be given preference for up to 50% of rental units in relevant projects, as provided for at N.J.S.A. 52:27D-311.j.
WEATHERIZATION
Means building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors and is considered a major system for rehabilitation.
C. 
Monitoring and reporting requirements.
(1) 
The municipality shall comply with the following monitoring and reporting requirements regarding the status of the implementation of its court-approved Housing Element and Fair Share Plan:
(a) 
The municipality shall provide electronic monitoring data with the Department pursuant to P.L. 2024, Chapter 2 and N.J.A.C. 5:99 through the Affordable Housing Monitoring System (AHMS). All monitoring information required to be made public by the FHA shall be available to the public on the Department's website at https://www.nj.gov/dca/dlps/hss/MuniStatusReporting.shtml.
(b) 
On or before February 15 of each year, the municipality shall provide annual reporting of its municipal Affordable Housing Trust Fund activity to the Department on the AHMS portal. The reporting shall include an accounting of all municipal Affordable Housing Trust Fund activity, including the sources and amounts of funds collected and the amounts and purposes for which any funds have been expended, for the previous year from January 1 to December 31.
(c) 
On or before February 15 of each year, the annual reporting of the status of all affordable housing activity shall be provided to the Department on the AHMS portal, for the previous year from January 1 to December 31.
D. 
New Construction (per N.J.A.C. 5:93 as may be updated per various sections in N.J.A.C. 5:97 and N.J.S.A. 52:27D-301 et seq.). Per the definition of "New Construction," this section governs the creation of new affordable housing units regardless of the means by which the units are created. Newly constructed units may include new residences constructed or created through other means.
(1) 
The following requirements shall apply to all new or planned developments that contain very-low-, low- and moderate-income housing units. To the extent possible, details related to the adherence to the requirements below shall be outlined in the resolution granting municipal subdivision or site plan approval of the project to assist municipal representatives, developers and Administrative Agents.
(2) 
Completion schedule (previously known as phasing). Final site plan or subdivision approval shall be contingent upon the affordable housing development meeting the following completion schedule for very-low-, low- and moderate-income units whether developed in a single-phase development, or in a multi-phase development:
Maximum Percentage of Market-Rate Units Issued a Temporary or Final Certificate of Occupancy
Minimum Percentage of Affordable Units Issued a Temporary or Final Certificate of Occupancy
25 plus one unit
10
50
50
75
75
90
100
(3) 
Design. The following design requirements apply to affordable housing developments, excluding prior round units.
(a) 
Design of 100% affordable developments:
[1] 
Restricted units must meet the minimum square footage required for the number of inhabitants for which the unit is marketed and the minimum square footage required for each bedroom, as set forth in the Neighborhood Preservation Balanced Housing rules at N.J.A.C. 5:43-2.4.
[2] 
Each bedroom in each restricted unit must have at least one window.
[3] 
Restricted units must include adequate air conditioning and heating.
(b) 
Design of developments comprising market-rate rental units and restricted rental units. The following does not apply to prior round units, unless stated otherwise.
[1] 
Restricted units must use the same building materials and architectural design elements (for example, plumbing, insulation, or siding) as market-rate units of the same unit type (for example, flat or townhome) within the same development, except that restricted units and market-rate units may use different interior finishes. This shall apply to prior round units.
[2] 
Restricted units and market-rate units within the same affordable development must be sited such that restricted units are not concentrated in less desirable locations.
[3] 
Restricted units may not be physically clustered so as to segregate restricted and market-rate units within the same development or within the same building, but must be interspersed throughout the development, except that age-restricted and supportive housing units may be physically clustered if the clustering facilitates the provision of on-site medical services or on-site social services. Prior round affordable units shall be integrated with market-rate units to the extent feasible.
[4] 
Residents of restricted units must be offered the same access to communal amenities as residents of market-rate units within the same affordable development. Examples of communal amenities include, but are not limited to, community pools, fitness and recreation centers, playgrounds, common rooms and outdoor spaces, and building entrances and exits. This shall apply to prior round units.
[5] 
Restricted units must include adequate air conditioning and heating and must use the same type of cooling and heating sources as market-rate units of the same unit type. This shall apply to prior round units.
[6] 
Each bedroom in each restricted unit must have at least one window.
[7] 
Restricted units must be of the same unit type as market-rate units within the same building.
[8] 
Restricted units and bedrooms must be no less than 90% of the minimum size prescribed by the Neighborhood Preservation Balanced Housing rules at N.J.A.C. 5:43-2.4.
(c) 
Design of developments containing for-sale units, including those with a mix of rental and for-sale units. Restricted rental units shall meet the requirements of Subsection D(3)(b) above. Restricted sale units shall comply with the below:
[1] 
Restricted units must use the same building standards as market-rate units of the same unit type (for example, flat, townhome, or single-family home), except that restricted units and market-rate units may use different interior finishes. This shall apply to prior round units.
[2] 
Restricted units may be clustered, provided that the buildings or housing product types containing the restricted units are integrated throughout the development and are not concentrated in an undesirable location or in undesirable locations. Prior round affordable units shall be integrated with market-rate units to the extent feasible.
[3] 
Restricted units may be of different unit housing product types than market-rate units, provided that there is a restricted option available for each market rate housing type. Developments containing market-rate duplexes, townhomes, and/or single-family homes shall offer restricted housing options that also include duplexes, townhomes, and/or single-family homes. Penthouses and higher priced end townhouses shall be exempt from this requirement. The proper ratio for restricted to market-rate unit type shall be subject to municipal ordinance or, if not specified, shall be determined at the time of site plan approval.
[4] 
Restricted units must meet the minimum square footage required for the number of inhabitants for which the unit is marketed and the minimum square footage required for each bedroom, as set forth in the Neighborhood Preservation Balanced Housing rules at N.J.A.C. 5:43-2.4.
[5] 
Penthouse and end units may be reserved for market-rate sale, provided that the overall number, value, and distribution of affordable units across the development is not negatively impacted by such reservation(s).
[6] 
Residents of restricted units must be offered the same access to communal amenities as residents of market-rate units within the same affordable development. Examples of communal amenities include, but are not limited to, community pools, fitness and recreation centers, playgrounds, common rooms and outdoor spaces, and building entrances and exits. This shall apply to prior round units.
[7] 
Each bedroom in each restricted unit must have at least one window; and
[8] 
Restricted units must include adequate air conditioning and heating.
(4) 
Utilities.
(a) 
Affordable units shall utilize the same type of cooling and heating source as market-rate units within the affordable housing development.
(b) 
Tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance in accordance with N.J.A.C. 5:80-26.13(e).
(5) 
Low/moderate split and bedroom distribution.
(a) 
Affordable units shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit.
(b) 
In each affordable housing development, at least 50% of the restricted units within each bedroom distribution rounded up to the nearest whole number shall be very-low- or low-income units.
(c) 
Within rental developments, of the total number of affordable rental units, at least 13%, rounded up to the nearest whole number, shall be affordable to very-low-income households. The very-low-income units shall be distributed between each bedroom count as proportionally as possible, to the nearest whole unit, to the total number of restricted units within each bedroom count, and counted as part of the required number of low-income units within the development.
(d) 
Affordable housing developments that are not age-restricted or supportive housing shall be structured such that:
[1] 
At a minimum, the number of bedrooms within the restricted units equals twice the number of restricted units;
[2] 
Two-bedroom and/or three-bedroom units compose at least 50% of all restricted units;
[3] 
The combined number of efficiency and one-bedroom units shall be no greater than 20%, rounded down, of the total number of low- and moderate-income units.
[4] 
At least 30% of all low- and moderate-income units, rounded down, shall be two-bedroom units.
[5] 
At least 20% of all low- and moderate-income units, rounded up, shall be three-bedroom units.
[6] 
The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.
(e) 
Affordable housing developments that are age-restricted or supportive housing, except those supportive housing units whose sponsoring program determines the unit arrangements, shall be structured such that, at a minimum, the number of bedrooms shall equal the number of age-restricted or supportive housing low- and moderate-income units within the inclusionary development. Supportive housing units whose sponsoring program determines the unit arrangement shall comply with all requirements of the sponsoring program. The standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit. In affordable housing developments with 20 or more restricted units that are age-restricted or supportive housing, two-bedroom units must comprise at least 5% of those restricted units.
(6) 
Accessibility requirements.
(a) 
Any new construction shall be adaptable; however, elevators shall not be required in any building or within any dwelling unit for the purpose of compliance with this section. In buildings without elevator service, only ground-floor dwelling units shall be required to be constructed to conform with the technical design standards of the barrier free subcode. "Ground floor" means the first floor with a dwelling unit or portion of a dwelling unit, regardless of whether that floor is at grade. A building may have more than one ground floor.
(b) 
Notwithstanding the exemption for townhouse dwelling units in the Barrier Free Subcode, the first floor of all townhouse dwelling units and of all other multifloor dwelling units that are attached to at least one other dwelling unit shall be subject to the technical design standards of the Barrier Free Subcode and shall include the following features:
[1] 
An adaptable toilet and bathing facility on the first floor;
[2] 
An adaptable kitchen on the first floor;
[3] 
An interior accessible route of travel however an interior accessible route of travel shall not be required between stories;
[4] 
An adaptable room that can be used as a bedroom, with a door, or the casing for the installation of a door that is compliant with the Barrier Free Subcode, on the first floor;
[5] 
If not all of the foregoing requirements in Subsection D(6)(b)[1] through [4] can be satisfied, then an interior accessible route of travel shall be provided between stories within an individual unit; and
[6] 
An accessible entranceway as set forth in P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that the municipality has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:
[a] 
Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.
[b] 
To this end, the builder of restricted units shall deposit funds within the Affordable Housing Trust Fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.
[c] 
The funds deposited shall be expended for the sole purpose of making the adaptable entrance of an affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
[d] 
The developer of the restricted units shall submit to the Construction Official a design plan and cost estimate for the conversion from adaptable to accessible entrances.
[e] 
Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meets the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Affordable Housing Trust Fund and earmarked appropriately.
[7] 
Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is "site-impracticable" to meet the requirements. If full compliance with this section would be site impracticable, compliance with this section for any portion of the dwelling shall be required to the extent that it is not site impracticable. Determinations of site impracticability shall comply with the Barrier Free Subcode at N.J.A.C. 5:23-7.
E. 
Affordable housing programs.
(1) 
Pursuant to amended UHAC regulations at N.J.A.C. 5:80-26.1 et seq. and, in addition, pursuant to P.L. 2024, c. 2 and specifically to the amended FHA at N.J.S.A. 52:27D-311m, "All parties shall be entitled to rely upon regulations on municipal credits, adjustments, and compliance mechanisms adopted by the Council on Affordable Housing unless those regulations are contradicted by statute, including but not limited to P.L. 2024, c. 2, or binding court decisions." The following are many of the main provisions of the COAH regulations at either N.J.A.C. 5:93 or 5:97 that have been upheld by the NJ Supreme Court. Municipalities should consult the cited full COAH regulations when preparing the HEFSP for required documentation, etc. Additional compliance details may also be included in the specific municipal program manual.
(2) 
Rehabilitation Programs (per N.J.A.C. 5:93-5.2 with updated provisions herein per N.J.A.C. 5:97-6.2 related to credit towards a municipal present need obligation).
(a) 
The rehabilitation program shall be designed to renovate deficient housing units occupied or intended to be occupied by very-low-, low- and moderate-income households such that, after rehabilitation, these units will comply with the New Jersey State Housing Code pursuant to N.J.A.C. 5:28-1.1 et seq or the Rehabilitation Subcode, N.J.A.C. 5:23-6 to the extent applicable.
(b) 
Both ownership and rental units shall be eligible for rehabilitation funds.
(c) 
All rehabilitated units shall remain affordable to very-low-, low- and moderate-income households for a period of 10 years (the control period). For owner-occupied units, the control period shall be enforced with a mortgage and note and for renter-occupied units the control period will be enforced with a deed restriction.
(d) 
The municipality shall dedicate a minimum average hard cost of $10,000 for each unit to be rehabilitated through this program and in addition shall dedicate associated rehabilitation program soft costs such as case management, inspection fees and work write-ups.
(e) 
The municipality shall designate, subject to the approval of the Department, one or more Administrative Agents to administer the rehabilitation program in accordance with P.L. 2024, Chapter 2. The Administrative Agent(s) shall provide rehabilitation manuals for ownership and rental rehabilitation programs. Manuals shall be adopted by resolution of the governing body. Both rehabilitation manuals shall be available for public inspection in the Office of the Municipal Clerk and on the municipal affordable housing web page.
(f) 
Households determined to be very-low-, low-, or moderate-income may participate in a rehabilitation program. Rehabilitated units shall be exempt from the very-low-income requirements, low/mod split, and bedroom distribution requirements of UHAC, but shall be administered in accordance with the following:
[1] 
If a unit is vacant at the time of rehabilitation, or if a rehabilitated unit becomes vacant and is re-rented before the expiration of the affordability controls, the deed restriction shall require that the unit be rented to a low- or moderate-income household at an affordable rent.
[2] 
If a rental unit is occupied by a tenant at the time rehabilitation is completed, the rent charged after rehabilitation shall not exceed the lesser of the tenant's current rent or the maximum rent permitted under UHAC.
[3] 
Rents in rehabilitated units may increase annually based on the standards in UHAC.
[4] 
At the time of application, applicant households and/or tenant households shall be subject to income eligibility determinations in accordance with UHAC.
(3) 
Extension of Controls Program (for ownership units per N.J.A.C. 5:97-6.14 and UHAC at N.J.A.C. 5:80-26.6(h) through (k) and (m); and for rental units per N.J.A.C. 5:97-6.14 and N.J.A.C. 5:80-26.12(h) through (k)).
(a) 
An extension of affordability controls program is established to maintain and extend the affordability of deed restricted units scheduled to come out of their affordability control period, subject to N.J.A.C. 5:97-6.14 and UHAC, including the following:
[1] 
The affordable unit meets the criteria for prior cycle (April 1, 1980 through December 15, 1986) or post December 15, 1986, credits set forth in N.J.A.C. 5:97.
[2] 
The affordability controls for the unit are scheduled to expire in the current round; or in the next round of housing obligations if the municipal election to extend controls is made no earlier than one year before the end of the current round;
[3] 
The municipality shall obtain a continuing certificate of occupancy or a certified statement from the municipal building inspector stating that the restricted unit meets all code standards.
[4] 
If a unit requires repair and/or rehabilitation work in order to receive a continuing certificate of occupancy or certified statement from the municipal building inspector, the municipality shall fund and complete the work.
[5] 
The municipality shall adhere to the process for extending controls pursuant to UHAC for extending ownership units and rental units, either inclusionary or 100% affordable developments.
[6] 
The deed restriction for the extended control period shall be filed with the County Clerk.
(4) 
Supportive Housing and Group Homes (per N.J.A.C. 5:97-6.10).
(a) 
The following provisions shall apply to group homes, residential health care facilities, and supportive shared living housing:
[1] 
Units are subject to Affirmative Marketing requirements, household certification, and Administrative Agent oversight; and may, with the approval of the municipal housing liaison and the Administrative Agent, be leased either by the bedroom or to a single household in the case of multi-bedroom configurations, provided such arrangement is consistent with the Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968).
[2] 
Units may, with the approval of the Administrative Agent, be subject to a master lease by an approved supportive housing operator, provided that all subleases are to be certified supportive housing households and remain fully subject to the affordability controls of this subchapter. Rents for supportive housing units shall not exceed the rent standards established and published by the New Jersey Department of Human Services.
[3] 
The unit of credit shall be the bedroom. However, the unit of credit shall be the unit if occupied by a single person or household.
[4] 
Housing that is age-restricted shall be included with the maximum number of units that may be age-restricted pursuant to the Act.
[5] 
Occupancy shall not be restricted to youth under 18 years of age.
[6] 
In affordable developments with 20 or more restricted units that are supportive housing, two-bedroom units must compose at least 5% of those restricted units.
[7] 
The bedrooms and/or units shall comply with UHAC with the following exceptions:
[a] 
Affirmative Marketing; however, group homes, residential health care facilities, permanent supportive housing, and supportive shared living housing shall be affirmatively marketed to broadest possible population of qualified individuals with special needs in accordance with a plan approved by the sponsoring program;
[b] 
Affordability average and bedroom distribution (N.J.A.C. 5:80-26.4).
[8] 
With the exception of units established with capital funding through a 20-year operating contract with the Department of Human Services, Division of Developmental Disabilities, group homes, residential health care facilities, supportive shared living housing and permanent supportive housing shall have the appropriate controls on affordability in accordance with the Act. In the event that a supportive housing provider is unable to record or execute a long-term deed restriction, the units shall be subject to annual recertification by the Municipal Housing Liaison to confirm continued occupancy and compliance with this section.
[9] 
Objective standards shall be applied in the selection of tenants for supportive housing units and shall be designed to ensure that individuals are not excluded in an arbitrary or capricious manner.
[10] 
The following documentation shall be submitted by the sponsor to the municipality prior to marketing the completed units or facility:
[a] 
An Affirmative Marketing Plan in accordance with Subsection D(4)(a)[1] above; and
[b] 
If applicable, proof that the supportive and/or special needs housing is regulated by the New Jersey Department of Health and Senior Services, the New Jersey Department of Human Services or another State agency in accordance with the requirements of this section, which includes validation of the number of bedrooms or units in which low- or moderate-income occupants reside.
[11] 
The sponsor/owner shall complete annual monitoring as directed by the MHL.
F. 
Regional income limits.
(1) 
Administrative agents shall use the current regional income limits for the purpose of pricing affordable units and determining income eligibility of households.
(2) 
Regional income limits are based on regional median income, which is established by a regional weighted average of the "median family incomes" published by HUD. The procedure for computing the regional median income is detailed in N.J.A.C. 5:80-26.3.
(3) 
Updated regional income limits are effective as of the effective date of the regional Section 8 income limits for the year, as published by HUD, or 45 days after HUD publishes the regional Section 8 income limits for the year, whichever comes later. The new income limits may not be less than those of the previous year.
G. 
Maximum initial rents and sales prices.
(1) 
In establishing rents and sales prices of affordable housing units, the Administrative Agent shall follow the procedures set forth in UHAC N.J.A.C. 5:80-26.4.
(2) 
The average rent for all restricted units within each affordable housing development shall be affordable to households earning no more than 52% of regional median income.
(3) 
The maximum rent for restricted rental units within each affordable housing development shall be affordable to households earning no more than 60% of regional median income. The maximum rent may be increased to no more than 70% of regional median income for moderate-income units within affordable developments where very-low-income units compose at least 13% of the restricted units; however, the number of units with rent affordable to households earning 70% of regional median income may not exceed the number of very-low-income units in excess of 13% (rounded up) of the restricted units.
(4) 
The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both low-income and moderate-income units, provided that at least 13% of all low- and moderate-income rental units shall be affordable to households earning no more than 30% of median income. These very-low-income units shall be part of the low-income requirement and very-low-income units should be distributed between each bedroom count as proportionally as possible, to the nearest whole unit, to the total number of restricted units within each bedroom count.
(5) 
The maximum sales price of restricted ownership units within each affordable housing development shall be affordable to households earning no more than 70% of median income, and each affordable housing development must achieve an affordability average that does not exceed 55% for all restricted ownership units. In achieving this affordability average, moderate-income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type when the number of low- and moderate-income units permits.
(6) 
The master deeds and declarations of covenants and restrictions for affordable developments may not distinguish between restricted units and market-rate units in the calculation of any condominium or homeowner association fees and special assessments to be paid by low- and moderate-income purchasers and those to be paid by market-rate purchasers. Notwithstanding the foregoing sentence, condominium units subject to a municipal ordinance adopted before December 20, 2004, which ordinance provides for condominium or homeowner association fees and/or assessments different from those provided for in this subsection are governed by the ordinance.
(7) 
In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted family units, the following standards shall be met:
(a) 
A studio or efficiency unit shall be affordable to a one-person household;
(b) 
A one-bedroom unit shall be affordable to a one-and-one-half-person household;
(c) 
A two-bedroom unit shall be affordable to a three-person household;
(d) 
A three-bedroom unit shall be affordable to a four-and-one-half-person household; and
(e) 
A four-bedroom unit shall be affordable to a six-person household.
(8) 
In determining the initial rents and sales prices for compliance with the affordability average requirements for restricted units in assisted living facilities and age-restricted and special needs and supportive housing developments, the following standards shall be met:
(a) 
A studio or efficiency unit shall be affordable to a one-person household;
(b) 
A one-bedroom unit shall be affordable to a one-and-one-half-person household; and
(c) 
A two-bedroom unit shall be affordable to a two-person household or to two one- person households. Where pricing is based on two one-person households, the developer shall provide a list of units so priced to the Municipal Housing Liaison and the Administrative Agent.
(9) 
The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the FreddieMac 30-Year Fixed Rate- Mortgage rate of interest), property taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 30% of the eligible monthly income of the appropriate size household as determined pursuant to N.J.A.C. 5:80-26.7, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.4, as may be amended and supplemented.
(10) 
The initial rent for a restricted rental unit shall be calculated so that the total monthly housing expense, including an allowance for tenant-paid utilities, does not exceed 30% of the gross monthly income of a household of the appropriate size whose income is targeted to the applicable percentage of median income for the unit, as determined pursuant to N.J.A.C. 5:80-26.3, as may be amended and supplemented. The rent shall also comply with the affordability average requirement of N.J.A.C. 5:80-26.4, as may be amended and supplemented. The initial rent for a restricted rental unit shall be calculated so the eligible monthly housing expenses/income, including an allowance for tenant-paid utilities does not exceed 30% of gross income of and the appropriate household size as determined pursuant to N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(11) 
At the anniversary date of the tenancy of the certified household occupying a restricted rental unit, following proper notice provided to the occupant household pursuant to N.J.S.A. 2A:18-61.1.f, the rent may be increased to an amount commensurate with the annual percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U), specifically U.S. Bureau of Labor Statistics Series CUUR0100SAH, titled "Housing in Northeast urban, all urban consumers, not seasonally adjusted." Rent increases for units constructed pursuant to Low-Income Housing Tax Credit regulations shall be indexed pursuant to the regulations governing Low-Income Housing Tax Credits.
H. 
Affirmative marketing.
(1) 
The municipality shall adopt, by resolution, an Affirmative Marketing Plan, subject to approval of the Superior Court, compliant with N.J.A.C. 5:80-26.16, as may be amended and supplemented.
(2) 
The Affirmative Marketing Plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age, or number of children, to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The Affirmative Marketing Plan is intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward Housing Region 5 and is required to be followed throughout the period of deed restriction.
(3) 
The Affirmative Marketing Plan provides the following preferences, provided that units that remain unoccupied after these preferences are exhausted may be offered to households without regard to these preferences.
(a) 
Where the municipality has entered into an agreement with a developer or residential development owner to provide a preference for very-low-, low-, and moderate-income veterans who served in time of war or other emergency, pursuant to N.J.S.A. 52:27D- 311.j, there shall be a preference for veterans for up to 50% of the restricted rental units in a particular project.
(b) 
There shall be a regional preference for all households that live and/or work in Housing Region 5 comprising Burlington, Camden and Gloucester Counties.
(c) 
Subordinate to the regional preference, there shall be a preference for households that live and/or work in New Jersey.
(d) 
With respect to existing restricted units undergoing approved rehabilitation for the purpose of preservation or to restricted units newly created to replace existing restricted units undergoing demolition, a preference for the very-low-, low-, and moderate-income households that are displaced by the rehabilitation or demolition and replacement.
(4) 
The municipality has the ultimate responsibility for adopting the Affirmative Marketing Plan and for the proper administration of the Affirmative Marketing Process, including the marketing of initial sales and rentals and resales and re-rentals. The Administrative Agent designated by the municipality shall implement the Affirmative Marketing Process to ensure the Affirmative Marketing of all affordable units, with the exception of affordable programs that are exempt from Affirmative Marketing as noted herein.
(5) 
The Affirmative Marketing Process shall describe the media to be used in advertising and publicizing the availability of housing. In implementing the Affirmative Marketing Process, the Administrative Agent shall consider the use of language translations where appropriate.
(6) 
Applications for affordable housing or notices thereof, if offered online, shall be available in several locations, including, at a minimum, the County Administration Building and/or the County Library for each county within the housing region; the municipal administration building and municipal library in the municipality in which the units are located; and the developer's rental or sales office. The developer shall mail applications to prospective applicants upon request and shall make applications available through a secure online website address.
(7) 
In addition to other Affirmative Marketing strategies, the Administrative Agent shall provide specific notice of the availability of affordable housing units on the New Jersey Housing Resource Center website. Any other entities, including developers or persons or companies retained to implement the Affirmative Marketing Process, shall comply with this subsection.
(8) 
In implementing the Affirmative Marketing Process, the Administrative Agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
(9) 
The Affirmative Marketing Process for available affordable units shall begin at least four months (120 days) prior to the expected date of occupancy.
(10) 
The cost to affirmatively market the affordable units shall be the responsibility of the developer, sponsor or owner, with the exception of Affirmative Marketing for resales.
I. 
Selection of occupants of affordable housing units.
(1) 
The Administrative Agent shall use a random selection process to select occupants of very-low-, low- and moderate-income housing.
(2) 
A pool of interested households will be maintained in accordance with the provisions of N.J.A.C. 5:80-26.16.
J. 
Occupancy standards.
(1) 
In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the Administrative Agent shall strive to:
(a) 
Ensure each bedroom is occupied by at least one person, except for age-restricted and supportive and special needs housing units;
(b) 
Provide a bedroom for every two adult occupants;
(c) 
With regard to occupants under the age of 18, accommodate the household's requested arrangement, except that such arrangement may not result in more than two occupants under the age of 18 occupying any bedroom; and
(d) 
Avoid placing a one-person household into a unit with more than one bedroom.
K. 
Control periods for restricted ownership units and enforcement mechanisms.
(1) 
Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80- 26.6, as may be amended and supplemented, and each restricted ownership unit shall remain subject to the controls on affordability for a period of at least 30 years subject to the requirements of N.J.A.C. 5:80-26.6, as may be amended and supplemented.
(2) 
Rehabilitated housing units that are improved to code standards shall be subject to affordability controls for a period of not less than 10 years (crediting towards present need only).
(3) 
The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit. The date of commencement shall be identified in the deed restriction.
(4) 
If existing affordability controls are being extended, the extended control period for a restricted ownership unit commences on the effective date of the extension, which is the end of the original control period.
(5) 
After the end of any control period, the restricted ownership unit remains subject to the affordability controls set forth in this subchapter until the owner gives notice of their intent to make an exit sale, at which point:
(a) 
If the municipality exercises the right to extend the affordability controls on the unit, no exit sale occurs and a new control period commences; or
(b) 
If the municipality does not exercise the right to extend the affordability controls on the unit, the affordability controls terminate following the exit sale.
(6) 
Prior to the issuance of any building permit for the construction/rehabilitation of restricted ownership units, the developer/owner and the municipality shall record a preliminary instrument provided by the Administrative Agent.
(7) 
Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each successive sale during the period of restricted ownership, the Administrative Agent shall determine the restricted price for the unit and shall also determine the nonrestricted, fair market value of the unit based on either an appraisal or the unit's equalized assessed value without the restrictions in place.
(8) 
At the time of the initial sale of the unit and upon each successive price-restricted sale, the initial purchaser shall execute and deliver to the Administrative Agent a recapture note obliging the purchaser, as well as the purchaser's heirs, successors, and assigns, to repay, upon the first non-exempt sale after the unit's release from the restrictions set forth in this section, an amount equal to the difference between the unit's non-restricted fair market value and its restricted price, and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit.
(9) 
The affordability controls set forth in this section shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to price-restricted ownership units.
L. 
Price restrictions for restricted ownership units and resale prices.
(1) 
Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80- 26.7, as may be amended and supplemented, including:
(a) 
The initial purchase price and affordability percentage for a restricted ownership unit shall be set by the Administrative Agent.
(b) 
The Administrative Agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the standards set forth in N.J.A.C. 5:80-26.7.
[1] 
If the resale occurs prior to the one-year anniversary of the date on which title to the unit was transferred to a certified household, the maximum resale price is the most recent non-exempt purchase price.
[2] 
If the resale occurs on or after such anniversary date, the maximum resale price is the most recent non-exempt purchase price increased to reflect the cumulative annual percentage increases to the regional median income, effective as of the same date as the regional median income calculated pursuant to N.J.A.C. 5:80-26.3.
(c) 
The owners of restricted ownership units may apply to the Administrative Agent to increase the maximum sales price for the unit on the basis of anticipated capital improvements. Eligible capital improvements shall be:
[1] 
Those that render the unit suitable for a larger household or the addition of a bathroom.
[2] 
The maximum resale price may be further increased by an amount up to the cumulative dollar value of approved capital improvements made after the last non-exempt sale for improvements and/or upgrades to the unit, excluding capital improvements paid for by the entity favored on the recapture note and recapture lien described at N.J.A.C. 5:80-26.6(d);
(d) 
No increase for capital improvements is permitted if the maximum resale price prior to adjusting for capital improvements already exceeds whatever initial purchase price the unit would have if it were being offered for purchase for the first time at the initial affordability percentage. All adjustments for capital improvements are subject to 10-year, straight-line depreciation.
(2) 
Upon the resale of a restricted ownership unit, all items of property that are permanently affixed to the unit or were included when the unit was initially restricted (for example, refrigerator, range, washer, dryer, dishwasher, wall-to-wall carpeting) shall be included in the maximum allowable resale price. Other items may be sold to the purchaser at a reasonable price that has been approved by the Administrative Agent at the time of the signing of the agreement to purchase but shall be separate and apart from any contract of sale for the underlying real estate. The purchase of central air conditioning installed subsequent to the initial sale of the unit and not included in the base price may be made a condition of the unit resale provided the price of the air conditioning equipment, which shall be subject to 10-year, straight-line depreciation, has been approved by the Administrative Agent. Unless otherwise approved by the Administrative Agent, the purchase of any property other than central air conditioning shall not be made a condition of the unit resale. The seller and the purchaser must personally certify at the time of closing that no unapproved transfer of funds for the purpose of selling and receiving property has taken place at the time of or as a condition of resale.
M. 
Buyer income eligibility.
(1) 
Buyer income eligibility for restricted ownership units shall be established pursuant to N.J.A.C. 5:80-26.17, as may be amended and supplemented, such that very-low-income ownership units shall be reserved for occupancy by households with a gross household income less than or equal to 30% of median income, low-income ownership units shall be reserved for occupancy by households with a gross household income less than or equal to 50% of median income and moderate-income ownership units shall be reserved for occupancy by households with a gross household income less than 80% of median income.
(2) 
Notwithstanding the foregoing, the Administrative Agent may, upon approval by the municipality, and subject to the Division's approval, permit a moderate-income purchaser to buy a low-income unit if and only if the Administrative Agent can demonstrate that there is an insufficient number of eligible low-income purchasers in the housing region to permit prompt occupancy of the unit and all other reasonable efforts to attract a low-income purchaser, including pricing and financing incentives, have failed. Any such low-income unit that is sold to a moderate-income household shall retain the required pricing and pricing restrictions for a low-income unit. Similarly, the Administrative Agent may permit low-income purchasers to buy very-low-income units in housing markets where, as determined by the Division, units are reserved for very-low-income purchasers, but there is an insufficient number of very-low-income purchasers to permit prompt occupancy of the units. In such instances, the purchased unit must be maintained as a very-low-income unit and sold at a very-low-income price point such that on the next resale the unit will still be affordable to very-low-income households and able to be purchased by a very-low-income household. A very-low-income unit that is seeking bonus credit pursuant to N.J.S.A. 52:27D-311.k(9) must first be advertised exclusively as a very-low-income unit according to the Affirmative Marketing requirements at N.J.A.C. 5:80-26.16, then advertised as a very-low-income or low-income unit for at least 30 additional days prior to referring any low-income household to the unit.
(3) 
A certified household that purchases a restricted ownership unit must occupy it as the certified household's principal residence and shall not lease the unit; provided, however, that the Administrative Agent may permit the owner of a restricted ownership unit, upon application and a showing of hardship, to lease the restricted unit to another certified household for a period not to exceed one year.
(4) 
The Administrative Agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, property taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 35% of the household's eligible monthly income; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:
(a) 
The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for housing expenses, and the proposed housing expenses will reduce its housing costs;
(b) 
The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for housing expenses in the past and has proven its ability to pay; or
(c) 
The household is currently in substandard or overcrowded living conditions;
(d) 
The household documents the existence of assets, within the asset limitation otherwise applicable, with which the household proposes to supplement the rent payments
N. 
Limitations on indebtedness secured by ownership unit; subordination.
(1) 
Prior to incurring any indebtedness to be secured by a restricted ownership unit, the owner shall apply to the Administrative Agent for a determination in writing that the proposed indebtedness complies with the provisions of this section, and the Administrative Agent shall issue such determination prior to the owner incurring such indebtedness.
(2) 
With the exception of original purchase money mortgages, neither an owner nor a lender shall at any time during the control period cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of that unit, as such price is determined by the Administrative Agent in accordance with N.J.A.C. 5:80-26.7(c).
O. 
Control periods for restricted rental units.
(1) 
Control periods for units that meet the definition of prior round units shall be pursuant to the 2001 UHAC rules originally adopted October 1, 2001, 33 N.J.R. 3432, and amended December 20, 2004, 36 N.J.R. 5713 and shall remain subject to the requirements of this section for a period of at least 30 years as applicable unless otherwise indicated.
(2) 
Other than for prior round units, control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.12, as may be amended and supplemented, and each restricted rental unit shall remain subject to the requirements of this section for a period of at least 40 years. Restricted rental units created as part of developments receiving 9% Low-Income Housing Tax Credits must comply with a control period of not less than a 30-year compliance period plus a 15-year extended use period for a total of 45 years.
(3) 
The affordability control period for a restricted rental unit shall commence on the first date that a unit is issued a certificate of occupancy following the execution of the deed restriction or, if affordability controls are being extended, on the effective date of the extension, which is the end of the original control period.
(4) 
Rehabilitated renter-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of not less than 10 years.
(5) 
Prior to the issuance of any building permit for the construction/rehabilitation of restricted rental units, the developer/owner and the municipality shall record a preliminary instrument provided by the Administrative Agent.
(6) 
Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property. The deed restriction shall be recorded by the developer with the county records office, and provided as filed and recorded, to the Administrative Agent within 30 days of the receipt of a certificate of occupancy.
(7) 
A restricted rental unit shall remain subject to the affordability controls of this section despite the occurrence of any of the following events:
(a) 
Sublease or assignment of the lease of the unit;
(b) 
Sale or other voluntary transfer of the ownership of the unit;
(c) 
The entry and enforcement of any judgment of foreclosure on the property containing the unit; or
(d) 
The end of the control period, until the occupant household vacates the unit, or is certified as over-income and the controls are released in accordance with UHAC.
P. 
Rent restrictions for rental units; leases and fees.
(1) 
The initial rent for a restricted rental unit shall be set by the Administrative Agent.
(2) 
A written lease shall be required for all restricted rental units, except for units in an assisted living residence, and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be retained on file by the Administrative Agent.
(3) 
No additional fees, operating costs, or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the Administrative Agent.
(a) 
Operating costs, for the purposes of this section, include certificate of occupancy fees, move-in fees, move-out fees, mandatory internet fees, mandatory cable fees, mandatory utility submetering fees, and for developments with more than one and a half off-street parking spaces per unit, parking fees for one parking space per household.
(4) 
Any fee structure that would remove or limit affordable unit occupant access to any amenities or services that are required or included for market-rate unit occupants is prohibited. Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit to be applied to the costs of administering the controls applicable to the unit as set forth in this section.
(5) 
Fees for unit-specific, non-communal items that are charged to market-rate unit tenants on an optional basis, such as pet fees for tenants with pets, storage spaces, bicycle-share programs, or one-time rentals of party or media rooms, may also be charged to affordable unit tenants, if applicable.
(6) 
Pet fees may not exceed $30 per month and associated one-time payments for optional fees pertaining to pets, such as a pet cleaning fee, are prohibited.
(7) 
Fees charged to affordable unit tenants for other optional, unit-specific, non-communal items shall not exceed the amounts charged to market-rate tenants.
(8) 
For any prior round rental unit leased before December 20, 2024, elements of the existing fee structure that are consistent with prior rules, but inconsistent with N.J.A.C. 5:80-26.13(c)1, may continue until the occupant household's current lease term expires or that occupant household vacates the unit, whichever occurs later.
Q. 
Tenant income eligibility.
(1) 
Tenant income eligibility shall be determined pursuant to N.J.A.C. 5:80-26.14, as may be amended and supplemented, and shall be determined as follows:
(a) 
Very-low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of the regional median income by household size.
(b) 
Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of the regional median income by household size.
(c) 
Moderate-income rental units shall be reserved for households with a gross household income less than 80% of the regional median income by household size.
(2) 
The Administrative Agent shall certify a household as eligible for a restricted rental unit when the household is a very-low-income, low-income or moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.17, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:
(a) 
The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;
(b) 
The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;
(c) 
The household is currently in substandard or overcrowded living conditions;
(d) 
The household documents the existence of assets with which the household proposes to supplement the rent payments; or
(e) 
The household documents reliable anticipated third-party assistance from an outside source such as a family member in a form acceptable to the Administrative Agent and the owner of the unit.
(3) 
The applicant shall file documentation sufficient to establish the existence of any of the circumstances in Subsection Q(2)(a) through (e) above with the Administrative Agent, who shall counsel the household on budgeting.
R. 
Municipal Housing Liaison.
(1) 
The Municipal Housing Liaison shall be approved by municipal resolution.
(2) 
The Municipal Housing Liaison shall be approved by the Division, or is in the process of getting approval, and fully or conditionally meets the requirements for qualifications, including initial and periodic training as set forth in in N.J.A.C. 5:99-1 et seq.
(3) 
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program, including the following responsibilities, which may not be contracted out to the Administrative Agent:
(a) 
Serving as the primary point of contact for all inquiries from the Affordable Housing Dispute Resolution Program, the State, affordable housing providers, Administrative Agents and interested households.
(b) 
The oversight of the Affirmative Marketing Plan and affordability controls.
(c) 
When applicable, overseeing and monitoring any contracting Administrative Agent.
(d) 
Overseeing the monitoring of the status of all restricted units listed in the Fair Share Plan.
(e) 
Verifying, certifying and providing annual information within AHMS at such time and in such form as required by the Division.
(f) 
Coordinating meetings with affordable housing providers and Administrative Agents, as needed.
(g) 
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Division.
(h) 
Overseeing the recording of a preliminary instrument in the form set forth at N.J.A.C. 5:80-26.1 for each affordable housing development.
(i) 
Coordinating with the Administrative Agent, municipal attorney and municipal Construction Code Official to ensure that permits are not issued unless the document required in Subsection R(3)(h) above has been duly recorded.
(j) 
Listing on the municipal website contact information for the MHL and Administrative Agents.
S. 
Administrative Agent.
(1) 
All municipalities that have created or will create affordable housing programs and/or affordable units shall designate or approve, for each project within its HEFSP, an Administrative Agent to administer the affordable housing program and/or affordable housing units in accordance with the requirements of the FHA, N.J.A.C. 5:99-1 et seq. and UHAC.
(2) 
The fees for Administrative Agents shall be paid as follows:
(a) 
Administrative agent fees related to rental units shall be paid by the developer/owner.
(b) 
Administrative agent fees related to initial sale of units shall be paid by the developer.
(c) 
Administrative agent fees related to resales shall be paid by the seller of the affordable home.
(d) 
Administrative agent fees related to ongoing administration and enforcement shall be paid by the municipality.
(3) 
An Operating Manual for each affordable housing program shall be provided by the Administrative Agent(s). The Operating Manual(s) shall be available for public inspection in the Office of the Clerk and in the office(s) of the Administrative Agent(s). Operating manuals shall be adopted by resolution of the Governing Body.
(4) 
Subject to the role of the Administrative Agent(s), the duties and responsibilities as are set forth in N.J.A.C. 5:99-7 and which are described in full detail in the Operating Manual, including those set forth in UHAC, include:
(a) 
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Division;
(b) 
Affirmative marketing:
[1] 
Conducting an outreach process to affirmatively market affordable housing units in accordance with the Affirmative Marketing Plan of the municipality and the provisions of N.J.A.C. 5:80-26.16.
[2] 
Providing counseling, or contracting to provide counseling services, to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements; and landlord/tenant law.
(c) 
Household certification.
[1] 
Soliciting, scheduling, conducting and following up on interviews with interested households.
[2] 
Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate-income unit;
[3] 
Providing written notification to each applicant as to the determination of eligibility or non-eligibility within five days of the determination thereof.
[4] 
Requiring that all certified applicants for restricted units execute a certificate substantially in the firm, as applicable, of either the ownership or rental certificates set forth in the Appendices J and K of N.J.A.C. 5:80-26.1 et seq.
[5] 
Creating and maintaining a referral list of eligible applicant households living in the housing region, and eligible applicant households with members working in the housing region, where the units are located.
[6] 
Employing a random selection process as provided in the Affirmative Marketing Plan when referring households for certification to affordable units.
(d) 
Affordability controls.
[1] 
Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for the recording at the time of conveyance of title of each restricted unit.
[2] 
Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and filed properly with the County Register of Deeds or County Clerk's office after the termination of the affordability controls for each restricted unit in accordance with UHAC.
[3] 
Communicating with lenders and the Municipal Housing Liaison regarding foreclosures.
[4] 
Ensuring the issuance of Continuing Certificates of Occupancy or certifications pursuant to N.J.A.C. 5:80-26.11.
(e) 
Records retention.
[1] 
Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded recapture mortgage, and note, as appropriate.
[2] 
Records received, retained, retrieved, or transmitted in furtherance of crediting affordable units of a municipality constitute public records of the municipality as defined by N.J.S.A. 47:3-16, and are legal property of the municipality.
(f) 
Resales and re-rentals.
[1] 
Instituting and maintaining an effective means of communicating information between owners and the Administrative Agent regarding the availability of restricted units for resale or re-rental.
[2] 
Instituting and maintaining an effective means of communicating information to very-low-, low-, or moderate-income households regarding the availability of restricted units for resale or re-rental.
(g) 
Processing requests from unit owners.
[1] 
Reviewing and approving requests from owners of restricted units who wish to refinance or take out home equity loans during the term of their ownership to determine that the amount of indebtedness to be incurred will not violate the terms of this section.
[2] 
Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the depreciated cost of central air conditioning systems.
[3] 
Notifying the municipality of an owner's intent to sell a restricted unit.
[4] 
Making determinations on requests by owners of restricted units for hardship waivers.
(h) 
Enforcement.
[1] 
Securing annually from the municipality a list of all affordable ownership units for which property tax bills are mailed to absentee owners, and notifying all such owners that they must either move back to their unit or sell it;
[2] 
Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the Administrative Agent;
[3] 
Sending annual mailings to all owners of affordable dwelling units reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.19(d)4;
[4] 
Establishing a program for diverting unlawful rent payments to the municipal Affordable Housing Trust Fund; and
[5] 
Creating and publishing a written operating manual for each affordable housing program administered by the Administrative Agent setting forth procedures for administering the affordability controls.
(i) 
The Administrative Agent(s) shall, as delegated by the municipality, have the authority to take all actions necessary and appropriate to carry out its/their responsibilities, herein.
T. 
Responsibilities of the owner of a development containing affordable units.
(1) 
The owner of all developments containing affordable units subject to this subchapter or the assigned management company thereof shall provide to the Administrative Agent:
(a) 
Site plan, architectural plan, or other plan that identifies the location of each affordable unit, if subject to the site plan approval, settlement agreement, or other applicable document regulating the location of affordable units. The Administrative Agent shall determine the location of affordable units if not set forth in the site plan approval, settlement agreement, or other applicable document.
(b) 
The total number of units in the project and the number of affordable units.
(c) 
The breakdown of the affordable units by or identification of affordable unit locations by bedroom count and income level, including street addresses/unit numbers, if subject to the site plan approval, settlement agreement, or other applicable document regulating the breakdown of affordable units. The Administrative Agent shall determine the bedroom and income distribution if not set forth in the site plan approval, settlement agreement, or other applicable document.
(d) 
Floor plans of all affordable units, including complete and accurate identification of all rooms and the dimensions thereof.
(e) 
A projected construction schedule.
(f) 
The location of any common areas and elevators.
(g) 
The name of the person who will be responsible for official contact with the Administrative Agent for the duration of the project, which must be updated if the contact changes.
(2) 
In addition to Subsection T(1) above, the owner of rental developments containing affordable rental units subject to this subchapter or the assigned management company thereof shall:
(a) 
Send to all current tenants in all restricted rental units an annual mailing containing a notice as to the maximum permitted rent and a reminder of the requirement that the unit must remain their principal place of residence, which is defined as residing in the unit at least 260 days out of each calendar year, together with the telephone number, mailing address, and email address of the Administrative Agent to whom complaints of excess rent can be issued.
(b) 
Provide to the Administrative Agent a description of any applicable fees.
(c) 
Provide to the Administrative Agent a description of the types of utilities and which utilities will be included in the rent.
(d) 
Agree and ensure that the utility configuration established at the start of the rent-up process not be altered at any time throughout the restricted period.
(e) 
Provide to the Administrative Agent a proposed form of lease for any rental units.
(f) 
Ensure that the tenant selection criteria for the applicants for affordable units not be more restrictive that the tenant selection criteria for applicants for non-restricted units.
(g) 
Strive to maintain the continued occupancy of the affordable units during the entire restricted period.
(3) 
In addition to Subsection T(1) above, the owner of affordable for-sale developments containing affordable for-sale units subject to this subchapter or the assigned management company thereof shall provide the Administrative Agent:
(a) 
Proposed pricing for all units, including any purchaser options and add-on items.
(b) 
Condominium or homeowner association fees and any other applicable fees.
(c) 
Estimated real property taxes.
(d) 
Sewer, water, trash disposal, and any other utility assessments.
(e) 
Flood insurance requirement, if applicable.
(f) 
The State-approved planned real estate development public offering statement and/or master deed, where applicable, as well as the full build-out budget.
U. 
Enforcement of affordable housing regulations.
(1) 
Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant, the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.
(2) 
After providing written notice of a violation to an owner, developer or tenant of an affordable unit and advising the owner, developer or tenant of the penalties for such violations, the municipality may take the following action against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:
(a) 
The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations governing the affordable housing unit. If the owner, developer or tenant is found by the Court to have violated any provision of the regulations governing affordable housing units the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the Court:
[1] 
A fine of not more than $50 or imprisonment for a period not to exceed one day, or both, unless otherwise specified below, provided that each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not a continuation of the initial offense;
[2] 
In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Affordable Housing Trust Fund of the gross amount of rent illegally collected;
[3] 
In the case of an owner who has rented his or her affordable unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the Court.
(3) 
The municipality shall have the authority to levy fines against the owner of the development for instances of noncompliance with NJHRC advertising requirements (N.J.S.A. 52:27D-321.6.e.(2)), following written notice to the owner. The fine for the first offense of noncompliance shall be $5,000, the fine for the second offense of noncompliance shall be $10,000, and the fine for each subsequent offense of noncompliance shall be $15,000.
(4) 
The municipality may file a court action in the Superior Court seeking a judgment, which would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the low- or moderate-income unit.
(a) 
Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the affordable unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating owner shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale.
(b) 
The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the low- or moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for the full extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus shall be placed in escrow by the municipality for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the municipality for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the owner or forfeited to the municipality.
(c) 
Foreclosure due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as they apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.
(d) 
If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the municipality may acquire title to the affordable unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the affordable unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess that would have been realized from an actual sale as previously described.
(e) 
Failure of the low- or moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the owner to accept an offer to purchase from any qualified purchaser that may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- or moderate-income unit as permitted by the regulations governing affordable housing units.
(f) 
The affordable unit owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner.
(5) 
It is the responsibility of the Municipal Housing Liaison and the Administrative Agent(s) to ensure that affordable housing units are administered properly. All affordable units must be occupied within a reasonable amount of time and be re-leased within a reasonable amount of time upon the vacating of the unit by a tenant. If an Administrative Agent or Municipal Housing Liaison becomes aware of or suspects that a developer, landlord, or property manager has not complied with these regulations, it shall report this activity to the Division. The Division must notify the developer, landlord, or property manager, in writing, of any violation of these regulations and provide a 30-day cure period. If, after the 30-day cure period, the developer, landlord, or property manager remains in violation of any terms of this subchapter, including by keeping a unit vacant, the developer, landlord, or property manager may be fined up to the amount required to construct a comparable affordable unit of the same size and the deed-restricted control period will be extended for the length of the time the unit was out of compliance, in addition to the remedies provided for in this section. For the purposes of this subsection, a reasonable amount of time shall presumptively be 60 days, unless a longer period of time is required due to demonstrable market conditions and/or failure of the Municipal Housing Liaison or the Administrative Agent to refer a certified tenant.
(6) 
Banks and other lending institutions are prohibited from issuing any loan secured by owner occupied real property subject to the affordability controls set forth in this subchapter if such loan would be in excess of amounts permitted by the restriction documents recorded in the deed or mortgage book in the county in which the property is located. Any loan issued in violation of this subsection is void as against public policy.
(7) 
The Agency and the Department hereby reserve, for themselves and for each Administrative Agent appointed pursuant to this subchapter, all of the rights and remedies available at law and in equity for the enforcement of this subchapter, including, but not limited to, fines, evictions, and foreclosures as approved by a county-level housing judge.
(8) 
Appeals.
(a) 
Appeals from all decisions of an Administrative Agent appointed pursuant to this subchapter must be filed, in writing, with the Municipal Housing Liaison. A decision by the Municipal Housing Liaison may be appealed to the Division. A written decision of the Division Director upholding, modifying, or reversing an Administrative Agent's decision is a final administrative action.
[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:
(a) 
Street address of the units.
(b) 
Direction to the housing units.
(c) 
Number of bedrooms per unit.
(d) 
Range of prices/rents.
(e) 
Size of units.
(f) 
Income information.
(g) 
Location of application, including business hours and where/how application may be obtained.
(4) 
All newspaper articles, announcements and requests for applications for low- and moderate-income housing shall appear in the following neighborhood-oriented weekly newspapers, religious publications and organizational newsletters within the region:
(a) 
Gloucester County Times.
(b) 
Cam Glo.
(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:
(a) 
Mantua Township Municipal Building.
(b) 
The developer's sales office.
(c) 
Gloucester County Office of Municipal and County Government Services.
(d) 
Gloucester County Housing Authority.
(7) 
The following is a listing of community contact persons and/or organizations which will aid in the affirmative marketing program, with particular emphasis on contacts that will reach out to groups that are least likely to apply for housing within the region:
(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 3-22-2005 by Ord. No. O-4-2005; amended 4-10-2023 by Ord. No. O-6-2023; 3-9-2026 by Ord. No. O-5-2026]
A. 
All residential development, including the residential portion of a mixed-use project, which consists of five or more new residential units shall be required to set aside a minimum of 20% of the residential units for very-low-, low-, and moderate-income households, as set forth below.
B. 
This requirement shall not apply to residential expansions, additions, renovations, replacement, or any other type of residential development that does not result in a net increase in the number of dwellings of five or more. This requirement shall not apply to sites or zoning districts identified in the Fair Share Plan where standards for the set-aside of affordable housing units have already been established.
C. 
All affordable housing units shall comply with the Township's Affordable Housing Ordinance, Chapter 230, Article VIII, § 230-69, as well as the NJ Fair Housing Act (N.J.S.A. 52:27D-301 et seq.), and the Uniform Housing Affordability Control Rules (N.J.A.C. 5:80-26.1 et seq.). This shall include but is not limited to:
(1) 
The requirement that at least 13% of the affordable units within each bedroom distribution shall be required to be for very-low-income households earning 30% or less of median income;
(2) 
Appropriate distribution of one-, two-, and three-bedroom units;
(3) 
Recording of appropriate affordability controls of not less than 40 years for rental units and not less than 30 years for sale units, and
(4) 
Minimum unit sizes by square footage for affordable housing units.
(5) 
The affordable units shall be affirmatively marketed in accordance with UHAC and applicable law. The Affirmative Marketing shall include the community and regional organizations identified by the Township, and it shall also include posting of all affordable units on the New Jersey Housing Resource Center website in accordance with applicable law.
D. 
The affordable units shall be integrated with the market-rate units, and the affordable units shall not be concentrated in separate building(s) or in separate area(s) or floor(s) from the market-rate units. In buildings with multiple dwelling units of similar tenure, this shall mean that affordable units shall be generally distributed within each building with market-rate units. The residents of the affordable units shall have full and equal access to all amenities, common areas, and recreation areas and facilities as the residents of the market-rate units. The affordable units shall be the same type of housing unit as the market-rate units, meaning that a market-rate building available to families shall not be developed to provide age-restricted housing units.
E. 
Construction of the affordable units in inclusionary developments shall be phased in compliance with N.J.A.C. 5:93-5.6(d).[1]
[1]
Editor's Note: So in original. The provisions of N.J.A.C. 5:97 expired on 6-2-2015.
F. 
Subdivision and/or site plan approval shall not be granted by the reviewing board unless the developer complies with the requirements to provide very-low-, low-, and moderate-income housing pursuant to the provisions of this section. A property shall not be permitted to be subdivided so as to avoid meeting this requirement. The board may impose any reasonable conditions to ensure such compliance.
G. 
This requirement does not create any entitlement for a property owner or applicant for a zoning amendment, variance, or adoption of a Redevelopment Plan or amended Redevelopment Plan in areas in need of redevelopment or rehabilitation, or for approval of any particular proposed project.
H. 
In the event application of the required 20% set-aside does not result in a full integer, the developer shall round the required set-aside upward and construct a whole affordable unit when 0.5 unit or more is the resulting fraction of a unit.
I. 
In the event application of the required set-aside percentage to the total number of residential units proposed does not result in a full integer, the developer may round the required set-aside downward and make a payment-in-lieu of providing the affordable unit when 0.49 unit or less is the resulting fraction of a unit. The resulting fractional unit shall be multiplied by $340,000 to determine the required payment-in-lieu. All payments-in-lieu of providing fractional units meeting the requirements of this section shall be deposited into the Mantua Township Affordable Housing Trust Fund.
J. 
Any developer subject to the requirements of this section and who provides an affordable housing set-aside shall not be subject to payment of residential development fees.