Township of Lumberton, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Lumberton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Development regulations — See Ch. 130.
[Adopted 12-2-1996 by Ord. No. 1996-15]

§ 90-1 Legislative authority.

This article of the Township of Lumberton Code sets forth regulations regarding low- and moderate-income housing units in the Township of Lumberton that are consistent with the provisions of N.J.A.C. 5:93 et seq., as effective on June 6, 1994. These rules are pursuant to the Fair Housing Act of 1985[1] and the Township of Lumberton's constitutional obligation to provide for its fair share of low- and moderate-income housing.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.

§ 90-2 Low- and moderate-income split.

The Township of Lumberton's new construction component will be divided equally between low- and moderate-income households as per N.J.A.C. 5:93-2.20.
A. 
At least 1/2 of all units within each development will be affordable to low-income households.
B. 
At least 1/2 of all rental units will be affordable to low-income households.
C. 
At least 1/3 of all units in each bedroom distribution pursuant to N.J.A.C 5:93-7.3 will be affordable to low-income households.

§ 90-3 Bedroom mix.

Developments that are not restricted to senior citizens and handicapped persons will be structured in conjunction with realistic market demands so that:
A. 
The combination of efficiency and one-bedroom units is at least 10% and no greater than 20% of the total low- and moderate-income units.
B. 
At least 30% of all low- and moderate-income units are two-bedroom units.
C. 
At least 20% of all low- and moderate-income units are three-bedroom units.
D. 
Low- and moderate-income units restricted to senior citizens and handicapped persons may utilize a modified bedroom distribution. At a minimum the number of bedrooms will equal the number of senior citizen low- and moderate-income units within the development.

§ 90-4 Rents and sales prices.

In conjunction with realistic market information, the following criteria will be used in determining maximum rents and sales prices:
A. 
Efficiency units will be affordable to one-person households;
B. 
One-bedroom units will be affordable to one-and-five-tenths-person households.
C. 
Two-bedroom units will be affordable to three-person households.
D. 
Three-bedroom units will be affordable to four-and-five-tenths-person households.
E. 
Median income by household size will be established by a regional weighted average of the uncapped Section 8 income limits published by HUD as per N.J.A.C. 5:93-7.4(b).
F. 
Low-income units will be reserved for households with a gross household income less than or equal to 50% of the median income approved by the Council on Affordable Housing (COAH); moderate-income units will be reserved for households with a gross household income less than 80% but greater than 50% of the median income approved by the COAH as per N.J.A.C. 5:93-9.16.
G. 
Moderate-income sales units will be available for at least three different prices, and low-income sales units will be available for at least two different prices.
H. 
The maximum average rent and price of low- and moderate-income units within each development will be affordable to households earning 57.5% of the median income of the COAH region in which the township is located.
I. 
The regulations outlined in N.J.A.C. 5:93-9.15 and 5:93-9.16 will be applicable for purchased and rental units.

§ 90-5 Rental units; tenant-paid utilities.

A. 
One rent shall be established for a low-income unit, and one shall be established for a moderate-income unit for each bedroom distribution.
B. 
Gross rents, including an allowance for tenant-paid utilities, will be established so as not to exceed 30% of the gross monthly income of the appropriate household size as per N.J.A.C. 5:93-7.4(a). The tenant-paid utility allowance will be consistent with the utility allowance approved by HUD for use in New Jersey.

§ 90-6 Sale units.

A. 
The initial price of a low- and moderate-income, owner-occupied, single-family housing unit will be established so that after a down payment of 5%, the monthly principal, interest, homeowner and private mortgage insurances, property taxes (based on the restricted value of the low- and moderate-income unit) and condominium or homeowner fee do not exceed 28% of the eligible gross monthly income.
B. 
The Township of Lumberton will follow the general provisions concerning uniform deed restriction liens and enforcement through certificates of occupancy or reoccupancy on sale units as per N.J.A.C. 5:93-9.3.
C. 
The Township of Lumberton will require a certificate of reoccupancy for any occupancy of a low- or moderate-income sales unit resulting from a resale as per N.J.A.C. 5:93-9.3(c).
D. 
Municipal state, nonprofit and seller options regarding sale units will be consistent with N.J.A.C. 5:93-9.5 through 5:93-9.8. Municipal rejection of repayment options for sale units will be consistent with N.J.A.C. 5:93-9.9.
E. 
The continued application of options to create, rehabilitate or maintain low- and moderate-income sale units will be consistent with N.J.A.C. 5:93-9.10.
F. 
Eligible capital improvements prior to the expiration of controls on sale units will be consistent with N.J.A.C. 5:93-9.11.
G. 
The regulations detailed in N.J.A.C. 5:93-9.12 through 5:93-9.14 will be applicable to low- and moderate-income units that are for sale units.

§ 90-7 Mandatory development fees.

A. 
Purpose. The purpose of this section is to establish standards for the collection, maintenance and expenditure of development fees pursuant to rules promulgated by the New Jersey Council on Affordable Housing (COAH). Fees collected pursuant to this provision shall be used for the sole purpose of providing low- and moderate-income housing. This article shall be interpreted within the framework of COAH's rules on development fees.
B. 
Residential development fees.
[Amended 11-14-2005 by Ord. No. 2005-30]
(1) 
In accordance with N.J.A.C. 5:94-8.3(c)(1) of COAH’s substantive rules, all new development of residential dwelling units within the Township of Lumberton not exempt from the collection of development fees in accordance with the provisions specified in § 90-7D, shall pay to Lumberton Township 1.5% of the equalized assessed value of each housing unit, provided no increased density is permitted.
[Amended 6-10-2008 by Ord. No. 2008-11]
(2) 
In the event that an increase in residential density is permitted pursuant to N.J.S.A. 40:55D-70d(5) (known as a “d” variance), the fee shall increase to 6% of the equalized assessed value for each additional unit that is realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.
C. 
Nonresidential development fees.
[Amended 11-14-2005 by Ord. No. 2005-30]
(1) 
In accordance with N.J.A.C. 5:94-8.3(d) of COAH’s Substantive Rules, all new development of nonresidential buildings and structures not exempt from the collection of development fees in accordance with § 90-7D, shall pay a fee to Lumberton Township of 2.5% of the equalized assessed value for nonresidential development.
[Amended 6-10-2008 by Ord. No. 2008-11; 10-7-2008 by Ord. No. 2008-19]
(2) 
In the event that an increase in floor area is permitted pursuant to N.J.S.A. 40:55D-70d(4) (known as a “d” variance), the fee shall increase to 6% on the additional floor area realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base floor area for the purposes of calculating the bonus development fee shall be the highest floor area permitted by right during the two-year period preceding the filing of the variance application.
D. 
Exemptions, eligible exactions and ineligible exactions.
(1) 
Developments which include low- and moderate-income housing units shall be exempt from paying development fees.
(2) 
Developers that expand an existing structure, other than a single-family dwelling, shall pay a development fee. The development fee shall be calculated based on the increase in the equalized assessed value of the improved structure, and shall be 1/2 of 1% of the value of that increase.
(3) 
Developments that have received preliminary or final approval prior to the effective date of this article shall be exempt from paying a development fee unless the developer seeks a substantial change in the approval. A change in an approval which requires a revised preliminary approval shall be considered to be a substantial change for the purposes of this section.
E. 
Collection of fees.
(1) 
Developers shall pay 50% of the calculated development fee to the Township of Lumberton at the issuance of a building permit. The development fee shall be estimated by the Tax Assessor prior to the issuance of a building permit.
(2) 
Developers shall pay the remaining fee to the Township of Lumberton at the issuance of a certificate of occupancy. At the issuance of a certificate of occupancy, the Tax Assessor shall calculate the equalized assessed value and the appropriate development fee. The developer shall be responsible for paying the difference between the fee calculated at the time of issuance of the certificate of occupancy and the amount paid at the time of issuance of the building permit.
F. 
Housing Trust Fund.
(1) 
There is hereby created an interest-bearing Housing Trust Fund for the purpose of receiving development fees from residential and nonresidential developers. All development fees paid by developers pursuant to this article shall be deposited in this Fund. No moneys shall be expended from the Housing Trust Fund unless the expenditure conforms to a spending plan approved by COAH.
(2) 
If COAH determines that the Township of Lumberton is not in conformance with COAH's rules on development fees, COAH is authorized to direct the manner in which all development fees collected pursuant to this article shall be expended. Such authorization is pursuant to this article; COAH's rules on development fees and the written authorization from the Township Committee to the bank in which the Housing Trust Fund is located.
G. 
Use of funds.
(1) 
Money deposited in a Housing Trust Fund may be used for any activity approved by COAH for addressing the township's low- and moderate-income housing obligation. Such activities may include, but are not necessarily limited to, housing rehabilitation; new construction; regional contribution agreements; the purchase of land for low- and moderate-income housing; extensions and/or improvements of roads and infrastructure to low- and moderate-income housing sites; assistance designed to render units to be more affordable to low- and moderate-income people; and administrative costs necessary to implement the Township of Lumberton's housing element. The expenditure of all moneys shall conform to a spending plan approved by COAH.
(2) 
Unless specifically waived by COAH, at least 30% of the revenues collected shall be devoted to render units more affordable. Examples of such activities include, but are not limited to, down payment assistance, low interest loans and rental assistance.
(3) 
No more than 20% of the revenues shall be expended on administrative costs necessary to develop, revise or implement the housing element. Examples of eligible administrative activities are personnel, consultant services, space cost, consumable supplies and rental or purchase of equipment.
(4) 
Development fee revenues shall not be expended to reimburse the township for housing activities, that preceded substantive certification by COAH.
H. 
Expiration of fee section of article. This component of this article shall expire if:
(1) 
The COAH dismisses or denies the township's petition for substantive certification;
(2) 
The COAH revokes substantive certification or its certification of this article; or
(3) 
Substantive certification expires prior to the township filing an adopted housing element with COAH petitioning for substantive certification or receiving COAH's approval of this article.

§ 90-8 Affordability controls.

A. 
To provide assurances that low- and moderate-income units are created with controls on affordability over time and that low- and moderate-income households occupy these units, the Township of Lumberton will designate the Lumberton Independent Living Campus (LILC) with the responsibility of ensuring the affordability of its rental units over time. There are no other rental or sales units in the affordable housing program at this time, but to the extent additional rental and sales have affordability controls, they will be administered through the Affordable Housing Management Service (AHMS). The LILC and AHMS will be responsible for those activities detailed in N.J.A.C. 5:93-9.1(a).
B. 
The LILC and AHMS will be responsible for filing the verification and certification procedures outlined in N.J.A.C. 5:93-9.1(b) in placing households in low- and moderate-income units.
C. 
New construction.
(1) 
Newly constructed low- and moderate-income sales units will remain affordable to low- and moderate-income households for at least 30 years. The AHMS will require all conveyances or newly constructed units to contain the deed restriction and mortgage lien adopted by COAH and referred to as Technical Appendix E, as found in N.J.A.C. 5:93.
(2) 
Housing units created through the conversion of a nonresidential structure will be considered a new housing unit and will be subject to thirty-year controls on affordability. The AEMS will require the COAH's appropriate deed restriction and mortgage lien.
D. 
Rehabilitated units. The rehabilitation of housing units shall be undertaken through the Burlington County Community Action Program (BCCAP), which shall be responsible for assuring that all units proposed for rehabilitation meet the criteria set forth in N.J.A.C. 5:93 and that appropriate records are maintained to assure accurate reporting to COAH of eligible housing rehabilitation activities.
(1) 
Rehabilitated owner-occupied, single-family housing units that are improved to code standard will be subject to affordability controls for at least six years.
(2) 
Rehabilitated renter-occupied housing units that are improved to code standard will be subject to affordability controls for at least 10 years.
E. 
Rental units.
(1) 
Newly constructed low- and moderate-income units will remain affordable to low- and moderate-income households for at least 30 years. A deed restriction and lien and deed of easement will be required, referred to as Technical Appendix H, as found in N.J.A.C. 5:93.
(2) 
Affordability controls in accessory apartments will be for a period of at least 10 years, except if the apartment is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls on affordability will extend for 30 years.
(3) 
Alternative living arrangements will be controlled in a manner suitable to COAH, which provides assurances that such a facility will house low- and moderate-income households for at least 10 years, except if the alternative living arrangement is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls on affordability will extend for 30 years.

§ 90-9 Eliminating unnecessary land development cost.

Section 14b of the Fair Housing Act, N.J.S.A. 52:27D-301 et seq.,[1] incorporates the need to eliminate unnecessary cost generating features from the Township of Lumberton's land use ordinances. Accordingly, to the extent needed to foster the development of affordable housing, the Township of Lumberton will eliminate development standards that are not essential to protect the public welfare and to expedite or fast track municipal approvals/denials on development applications. The Township of Lumberton will adhere to the components of N.J.A.C. 5:93-10.1 through 5:93-10.3.
[1]
Editor's Note: See N.J.S.A. 52:27D-314b.
[Adopted 12-2-1996 by Ord. No. 1996-14]

§ 90-10 Legislative authority.

A. 
The Township of Lumberton has a fair share obligation for the period 1987-1999 of 189 units which consists of a rehabilitation component of 38 units and a new construction component of 151 units. This ordinance will apply to any developments which contain low- and moderate-income housing including the proposed development known as the "Lumberton Independent Living Campus (LILC)."
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, municipality and/or designated administrative agency of affordable housing. The plan will 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. The Township of Lumberton is in the housing region consisting of Burlington, Camden and Gloucester Counties. The affirmative marketing program is a continuing program and will meet the requirements set forth in this article.

§ 90-11 Newspaper advertisements.

A. 
All newspaper articles, announcement and requests for applications for low- and moderate-income units will appear in the following daily regional newspapers/publications: Burlington County Times and the Courier Post. The primary marketing will take the form of at least one press release sent to the above publications and a paid display advertisement in each of the above newspapers. Additional advertising and publicity will be on an as-needed basis.
B. 
The advertisement will include a description of the:
(1) 
Street address of units.
(2) 
Direction to housing units.
(3) 
Number of bedrooms per unit.
(4) 
Range of prices/rents.
(5) 
Size of units.
(6) 
Income information.
(7) 
Location of applications, including business hours and where/how applications may be obtained.
C. 
All newspaper articles, announcements and requests for applications for low- and moderate-income housing will appear in the following neighborhood-oriented weekly newspapers, religious publications and organizational newsletters within the region: Mount Holly Gazette and Burlington County Times.

§ 90-12 Radio and cable television advertisements.

[Amended 3-12-1997 by Ord. No. 1997-5]
The following regional radio and/or cable television stations will be used:
A. 
Burlington County College.
B. 
WJZ.
C. 
Garden State Cable.
D. 
KYW 1060.

§ 90-13 Location of applications.

The following are the locations of applications, brochures, signs and posters used as part of the affirmative marketing program, including specific employment centers within the region:
A. 
Lumberton Township Municipal Building.
B. 
Lumberton Independent Living Campus office on Route 38.
C. 
CVS Warehouse.
[Added 3-12-1997 by Ord. No. 1997-5]
D. 
Superfresh.
[Added 3-12-1997 by Ord. No. 1997-5]
E. 
Edward Food Store.
[Added 3-12-1997 by Ord. No. 1997-5]
F. 
Lumberton Post Office.
[Added 3-12-1997 by Ord. No. 1997-5]

§ 90-14 Community outreach.

A. 
The following is a list of community contact persons and organizations in Burlington, Camden and Gloucester Counties that 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: United Way and American Red Cross.
[Amended 3-12-1997 by Ord. No. 1997-5]
B. 
Quarterly flyers and applications will be sent to each of the following agencies for publication in their journals and for circulation among their members: Board of Realtors in Burlington, Camden and Gloucester Counties.
C. 
Applications will be mailed to prospective applicants upon request.
D. 
Additionally, quarterly international circulars and applications will be sent to the chief administrative employees of each of the following agencies in the Counties of Burlington, Camden and Gloucester:
(1) 
Welfare of Social Service Board.
(2) 
Rental Assistance Office (local office of DCA).
(3) 
Office or Department of Aging.
(4) 
Housing Authority.
(5) 
Library.

§ 90-15 Selection of occupants.

A. 
The Lumberton Independent Living Campus' office shall be open to take applications at specified times during the week as advertised. The Administrator of LILC shall interview all prospective applicants to explain the regulations and policies associated with each development and the township's low- and moderate-income housing program in general.
B. 
After receiving a completed application, Lumberton Independent Living Campus shall make a preliminary determination for eligibility based on annual income, the number of family members, special needs (handicapped, etc.) and age. Age shall be an eligibility standard only for age restricted units. If eligibility is tentatively established the applicant's income shall be verified. If information received shows a record of bad credit or exposes erroneous information on the application, the applicant shall be given an opportunity to explain. If the Administration believes the explanation refutes the derogatory information, the application shall continue to be processed.
C. 
All eligible applications shall be placed in one of two pools. The first pool shall be reserved for those applicants presently living or working in Burlington, Camden or Gloucester Counties. Pool two shall be composed of applicants living outside the housing region who will have an equal opportunity for units after pool one applicants have been initially serviced. Random selection of residents from pool one shall occur until the number of applicants in the pool is exhausted. Random selection from pool two shall continue until all remaining units are committed. The Township of Lumberton intends to comply with N.J.A.C. 5:93-11.7.
D. 
Applicants shall receive written notice of a determination of ineligibility within 10 days of such determination. The written notice shall contain the reason for ineligibility and an explanation of the appeal process.
E. 
The applicant who has been declared ineligible shall have the right to appeal to the Affordable Housing Management Service (AHMS). Such appeal shall be filed in writing with the Lumberton Independent Living Campus Administrator within 15 days of receipt of the notice of ineligibility. The AHMS shall make a determination of eligibility within 10 days of receipt of the appeal, and such determination shall be in the form of a written notice to the applicant. The determination of AHMS shall be deemed to be final.

§ 90-16 Administrative agency.

[Amended 3-12-1997 by Ord. No. 1997-5]
The Lumberton Independent Living Campus (LILC) and the Affordable Housing Management Service (AIHMS) are the agencies responsible to administer the affirmative market program. The LILC, at its own project site on Route 38, has the responsibility to income-qualify low moderate income households; to place income-eligible households in low- and moderate-income units upon initial occupancy; to provide for the initial occupancy of low- and moderate-income units with income-qualified households; 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 AHMS, which would be placed under contract with the Township of Lumberton in the event that another inclusionary development is located in the township, would have the same scope of responsibility as that outlined herein for LILC. The Township Tax Assessor within the Township of Lumberton is the designated housing officer to act as liaison to the LILC and AHMS. The LILC and AHMS, in their respective areas of jurisdiction, will provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualifications, rental lease requirements and landlord/tenant law. The following service providers have agreed to perform the above services.

§ 90-17 Timing.

The marketing program will commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program will continue until low- and moderate-income housing units are initially occupied and for as long as affordable units are deed restricted and occupancy or reoccupancy of units continues to be necessary.

§ 90-18 Monitoring and reporting requirements.

The LILC and AHMS will comply with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 5:93-12.1.