Township of Evesham, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Evesham 7-18-2000 by Ord. No. 6-3-2000. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision and site plan design standards — See Ch. 62.
Redevelopment plans — See Ch. 118A.
Site plan review — See Ch. 127.
Subdivision of land — See Ch. 135.
Zoning — See Ch. 160.
A. 
List of conditional uses.
(1) 
Houses of worship.
(2) 
Home occupation uses.
(3) 
Senior citizen housing/life care facilities/assisted living.
(4) 
Service stations.
(5) 
Hotels, motels, motor courts, motor hotels and conference centers.
[Amended 1-11-2008 by Ord. No. 1-1-2008]
(6) 
Warehousing.
(7) 
Adult bookstores and/or adult retail.
(8) 
Billboards.
(9) 
Car washes.
(10) 
Public, private or parochial educational institutions.
(11) 
New automobile sales and service facilities.
(12) 
Fraternal organizations.
(13) 
Fast food without drive-through or window facilities.
[Amended 8-10-2010 by Ord. No. 18-8-2010]
(14) 
Arcades.
(15) 
Single-family detached dwellings served by a centralized wastewater collection facility.
(16) 
Theaters.
(17) 
Outdoor storage.
(18) 
Apartments as accessory uses.
(19) 
Helistops.
[Added 8-10-2010 by Ord. No. 17-8-2010 and 4-12-2011 by Ord. No. 7-4-2011]
(20) 
Fast food with drive-through or window facilities.
[Added 8-10-2010 by Ord. No. 18-8-2010 ]
(21) 
Nonclustered single-family detached dwellings.
[Added 7-25-2012 by Ord. No. 20-7-2012]
B. 
Procedure.
(1) 
Before a building 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 Planning Board shall grant or deny said application within 95 days of submission of a complete application by a developer to the administrative officer, or within such further time as may be consented to by the applicant.
(2) 
The review by the Planning Board of a conditional use shall include any required site plan review pursuant to this Code. Public notice and a hearing shall be required.
(3) 
In all requests for approval of conditional uses, the burden of proof shall be on the applicant. The Planning Board shall give due consideration to all reasonable elements which could affect the public health, welfare, safety, comfort and convenience such as, but not limited to, the proposed uses, the character of the area, vehicular travel patterns and access, pedestrianways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and building and structure location(s) and orientation(s).
C. 
The following conditional uses shall be subject to the standards set forth in this section:
(1) 
Houses of worship.
(a) 
Minimum lot size shall be four acres without public water and/or public sewer, or three acres with public water and public sewer, except in the FA or FW Zones, in which case 20 acres shall be required. When a school is proposed as an additional use of the property, the minimum lot area required shall be the total of the areas required for each use. [See Subsection C(10) below for standards governing schools.]
(b) 
Minimum lot width at the setback shall be 300 feet.
(c) 
Minimum front yard shall be 100 feet.
(d) 
Minimum side yard shall be 75 feet.
(e) 
Minimum rear yard shall be 100 feet.
(f) 
The maximum height of any structure shall not exceed 35 feet, except for steeples or other architectural features customarily associated with houses of worship and having extraordinary height requirements which shall be no higher than 60 feet above the finished grade.
(g) 
Parking shall be based on the standards found in Chapter 160, Zoning.
(h) 
No parking shall be closer than 30 feet to any property line.
(i) 
The maximum permitted building coverage shall not exceed 20%.
(j) 
The maximum permitted impervious coverage shall not exceed 50%.
(k) 
The 25 feet closest to the property line or the public street shall be designed with berms and landscaping materials, with emphasis given to screening parking areas from the street and buffering the parking, the church structures and recreational areas from any neighboring residential properties.
(2) 
Home occupations permitted as conditional uses. Home occupations which require more extensive use of a dwelling and are more visible to the public are permitted as conditional uses. If a use cannot meet the limits of one or more of the following conditional use standards, one must apply to the Zoning Board of Adjustment for a variance in accordance with N.J.S.A. 40:55D-70d(3), a conditional use variance. The standards are listed below:
(a) 
The use must meet the definition of home occupation in this Code.
(b) 
Buildings/lots permitted for home occupations. Home businesses may only be permitted within the principal and conforming building on a conforming lot in accordance with the requirements of the applicable residential zone. Furthermore, the principal building must meet all bulk and area requirements.
(c) 
Floor area devoted to home occupations. The area of a dwelling used for the activities of a home occupation may not exceed 35% of the total gross floor area of the dwelling, or 600 square feet, whichever is less. Also, all home occupation activities must take place indoors within the designated and permitted floor area.
(d) 
Number of nonresident employees. No more than one nonresident employee may be permitted to work within the home occupation.
(e) 
Number of visitors permitted. Those individuals, clients, customers, patients, and patrons who visit the subject home occupation for business purposes shall be limited to no more than two individuals on the property at any one time.
(f) 
Deliveries. No goods, materials, supplies or items of any kind may be delivered either to or from the premises, except in a passenger vehicle or step-type van; and no materials, supplies, equipment, or other items may be stored on or about the exterior of the property or on or in an open truck or trailer.
(g) 
Sales products. Sales shall be incidental to the home occupation and home professional. There shall be no exterior display of products.
(h) 
Hours of operation. Business hours for the home occupation may not extend beyond the period between 8:00 a.m. and 8:00 p.m. Although residents of the home occupation may conduct business beyond the designated hours, no nonresident employee or business-related visitors may be on the property for business reasons beyond the designated business hours.
(i) 
Parking. Off-street parking shall be provided for the home occupation in accordance with Chapter 160, Zoning.
(j) 
Business vehicles. No more than one business vehicle may be parked on the property at any one time, and no such vehicle shall exceed 8,000 pounds registered vehicle weight.
(k) 
Exterior appearance of the site. Any property used as a home occupation shall have no visible exterior characteristics which do not completely conform to those of a typical residence. This applies to the site, architecture, signs, lighting and any other features.
(l) 
Impacts. No measurable impacts, such as noise, vibrations, dust, odors, fumes, smoke, or glare, may be caused by the home occupation. Also, no equipment may be utilized which interferes with radio or television reception within the area.
(m) 
Certificate of occupancy. A certificate of occupancy shall be required for the floor area devoted to the home occupation.
(n) 
Minor site plan approval. A home occupation requiring a conditional use approval shall receive minor site plan approval in order to operate.
(o) 
Prohibited home occupation. The following activities are specifically prohibited within the context of permitted home occupations: animal hospitals or shelters, commercial stables, kennels, funeral parlors or undertaking establishments, restaurants, lodging, or any type of retail or wholesale business.
(3) 
Senior citizen housing/life care facilities/assisted living.
(a) 
No site shall contain less than five acres.
(b) 
The maximum residential density shall not exceed 4 1/2 dwelling units per gross acre.
(c) 
The maximum building height shall not exceed 30 feet, whichever is greater.
(d) 
Parking shall be provided in accordance with the New Jersey Residential Site Improvement Standards.
(e) 
Individual dwelling units shall meet or exceed minimum design requirements specified by the New Jersey Housing Finance Agency.
(f) 
A land area or areas equal in aggregate to at least 250 square feet per dwelling unit shall be designated on the site plan for the recreational use of the residents of the project.
(g) 
Prior to any Township approval, the following prerequisites shall have been accomplished:
[1] 
Verification that there are adequate utility services and support facilities for the project.
[2] 
Assurance that the occupancy of such housing will be limited to households, the single member of which, or either the husband or wife of which, or both, is/are 55 years of age or older, or as otherwise defined by the Social Security Act, as amended, except that this provision shall not apply to any resident manager and family resident on the premises.
[3] 
Verification of preliminary approval of the project by any state or federal agency which finances or assists the financing or operation of such housing.
(h) 
Nursing care units shall not exceed 85 units.
(i) 
All other applicable requirements of the Ordinances of the Township of Evesham must be satisfied.
(4) 
Service stations.
(a) 
The minimum lot size for service stations shall be 20,000 square feet, and the minimum frontage shall be 150 feet.
(b) 
No service station/auto repair shop shall be located within 500 feet of any fire house, school, playground, church, hospital, public building or institution or within 2,000 feet from an existing service station.
(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 service stations but shall be no closer than 50 feet to any right-of-way line. Canopies designed to protect the pumping area may be located within 40 feet of any right-of-way 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. If more than three motor vehicles incapable of operation shall be located at any one time upon the exterior premises except, however, that not more than six motor vehicles may be located upon any service station premises outside a closed or roofed building for a period of time not to exceed seven days, providing that the owners of said motor vehicles are awaiting their repair or disposition.
(e) 
Landscaping shall be provided in the front yard area equal to at least 25% of the front yard area, and such landscaping shall be reasonably distributed throughout the entire front yard area.
(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) 
Service stations shall provide adequate parking in accordance with Chapter 160, Zoning.
(h) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection C(4)(h), regarding sign provisions for service stations, was repealed 3-8-2016 by Ord. No. 3-2-2016.
(i) 
Any service station which includes a convenience shop selling retail goods such as beverages, packaged food goods or sundries shall provide parking in accordance with Chapter 160, Zoning. Such parking shall not interfere with aisles or lanes for servicing vehicles. The Board shall consider distance to adjacent residential neighborhoods and the safety of pedestrians from such neighborhoods to the service station.
(j) 
All other applicable requirements of this chapter must be satisfied.
(k) 
Car washes, vehicle rental uses, parking for a fee or other activity specifically a part of the operation of the service station are permitted. In such cases, all other standards of this chapter for these uses must be maintained, in particular, parking, stacking lane length and buffering.
(5) 
Hotel/conference centers.
(a) 
All performance criteria of the Commercial-1 Zone shall be satisfied.
(b) 
Maximum floor area ratio shall be 0.25.
(c) 
Floor area ratio can be increased to 0.30 if structured parking is used to accommodate at least 50% of the parking demand for the center.
(d) 
Restaurants, barbershops, gift shops, health spas, magazine/newspaper stands and similar uses shall be permitted as accessory uses, provided they have no outside building access for customers and no outside advertising.
(e) 
Occupancy in any hotel, motel, motor court or motor hotel shall be limited to no more than 14 days in any thirty-day period, regardless of any room or unit changes by any such occupant during any such time period.
[Added 1-11-2008 by Ord. No. 1-1-2008]
(f) 
Every hotel, motel, motor court or motor hotel shall keep and maintain records of the names, addresses and dates of occupancy for all persons who occupy a room or unit at such hotel, motel, motor court or motor hotel.
[Added 1-11-2008 by Ord. No. 1-1-2008]
(g) 
The records required under Subsection C(5)(f) above shall be produced for inspection and/or copying by the Township’s Zoning Officer, or such other person designated by the Township Manager.
[Added 1-11-2008 by Ord. No. 1-1-2008]
(h) 
In the event of a declared federal, state, county or local emergency, the Township Manager may waive the limits upon the duration of any occupancy set forth in this subsection.
[Added 1-11-2008 by Ord. No. 1-1-2008]
(i) 
Individual units or rooms may not contain a range-top cooking facility. Microwave ovens and mini-refrigerators are permitted as an amenity.
[Added 1-11-2008 by Ord. No. 1-1-2008]
(j) 
Any person who violates or refuses to comply with this subsection shall be liable to a penalty as established under the general penalty provisions of this Code at § 1-15.
[Added 1-11-2008 by Ord. No. 1-1-2008]
(6) 
Warehousing.
(a) 
As a conditional use, warehousing may not constitute more than 40% of the principal structure.
(b) 
All loading areas shall be located in the side or rear of the structure and shall be screened from public view. All buffer requirements of Chapter 160, Zoning, shall be satisfied.
(7) 
Adult bookstores and/or adult retail.
(a) 
Purpose. These regulations are adopted in furtherance of all of the public purposes of municipal zoning and planning, including, but not limited to, guiding the appropriate use and development of the Township of Evesham in a manner which will promote the public health, safety, morals and general welfare, and in order to meet the needs of citizens of the Township of Evesham and of the State of New Jersey, while maintaining the quality and character of the Township of Evesham and deterring the growth and spread of blight and crime (especially prostitution, sexual offenses, public indecency, and related offenses). It is recognized that there are some uses commonly known as "adult" uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when those uses are located near residential areas or in other inappropriate locations, or without sufficient showing that those uses in a specified location will comply with the conditions and standards for the location and operation of those uses. Therefore, special regulation of these objectionable adult uses is deemed necessary to ensure that adverse effects will not contribute to the blighting or downgrading of the Township of Evesham. In no way is the fact that the Township of Evesham regulates any or all of the adult uses described herein, or prohibits or allows them in the various zoning districts, to be construed as approval of or condoning of those uses.
(b) 
No lawful adult use shall be located within 1,000 feet of any residential district, single-family or multifamily dwelling; within 1,000 feet of any existing house of worship; within 1,000 feet of any religious, charitable or nonprofit institution, public community center, park, playground, recreation center, or similar use; within 1,000 feet of any premises licensed for the sale or distribution of alcoholic beverages; or within 1,000 feet of any public or private school, nursery or child-care center. The foregoing distance limitations shall be measured by a straight line drawn from the nearest point of the lot boundary on which the proposed adult use is to be located to the nearest point of the lot or district boundary, as the case may be, of the other use or district, and those uses, district boundary lines and dimensions shall be indicated on the submitted site plan. No permitted adult use shall be located within 1,000 feet of any existing residential use or residential zone in the Township of Evesham or in any contiguous municipality.
(c) 
Adult uses must be located in a freestanding building which will include a buffer zone to separate it from family-oriented businesses.
(d) 
Adult uses in buildings having a capacity of 50 or more persons are excluded from all zones.
(e) 
Off-street parking shall be provided in accordance with Chapter 160, Zoning.
(f) 
Signs shall meet the requirements specified for industrial park activities in the IP District; additionally, no specified anatomical areas or specified sexual activity shall be shown, described or depicted on any signs, advertisements, displays or exhibits that are visible from outside the building.
(g) 
The interior of the adult use building shall be designed so that no interior contents of the building are visible at any time from the outside through windows, door openings or in any other manner.
(h) 
The interior of any building in which an adult use is located shall be adequately lighted and shall be constructed so that every portion thereof is readily visible without obstruction to the clerk or other person in charge of the building from the counter, booth, cash register or other place where the person is normally stationed.
(i) 
All other applicable requirements of the IP District and of the Zoning and Land Development Ordinances of Evesham Township shall be met.
(j) 
Hours of operation shall not be earlier than 9:00 a.m. nor later than 12:00 midnight, prevailing time, on weekdays, and no operation shall be permitted on Saturdays and Sundays.
(8) 
Billboards.
(a) 
Billboards, including all off-premises advertising signs, are permitted in the IP District only.
(b) 
All standards applicable to freestanding signs in the applicable district shall be applicable to billboards, specifically including requirements regarding height, area, buffers and setback.
(c) 
Billboards shall require site plan approval from the Board.
(d) 
The site plan shall require the provision and maintenance of a clear sight triangle whenever located on a corner lot.
(e) 
It is hereby determined that billboards are not appropriate for inclusion in certain districts where the character, identity and integrity of the district could be adversely affected by such signs. Accordingly, no billboards shall be permitted in any district other than the IP District.
(f) 
All other development standards of the IP District shall be satisfied.
(9) 
Car washes.
(a) 
The principal building shall be a minimum of 2,500 square feet, and the total floor area of the principal building shall not be more than 20% of the total lot area.
(b) 
All mechanical activities must be conducted within a totally enclosed building.
(c) 
Off-street parking shall be provided in accordance with Chapter 160, Zoning.
(d) 
One sign shall be permitted, either freestanding or attached, not exceeding an area equivalent to 5% of the first floor portion of the front facade or 75 square feet, whichever is smaller. Freestanding signs shall be set back at least 25 feet from all street and lot lines.
(e) 
All of the other area, yard, building coverage, height and general requirements of the respective zone must be met.
(f) 
Other development standards of the applicable zone shall be satisfied.
(10) 
Public, private or parochial educational institutions.
(a) 
Public and private schools offering early childhood, elementary and/or secondary secular or religious education instruction and approved by the State of New Jersey shall be located on a lot of no less than two acres in size or twice the minimum lot size of the zone within which such use is conditionally permitted, with a minimum lot width of 200 feet.
(b) 
No building shall be located within 50 feet of a lot line.
(c) 
No accessory use shall be located within 25 feet of a lot line.
(d) 
The use shall have direct access to a street classified as other than a local street as shown in the Evesham Township Master Plan.
(e) 
A planted buffer area of not less than 15 feet in depth and fencing or both shall be required between all parking areas, outdoor facilities and adjacent lot lines. This provision may be waived if natural topography, wetlands or other natural or man-made features adequately separate parking areas from adjoining residentially zoned land.
(f) 
Parking shall be required in accordance with the standards set forth in Chapter 160, Zoning. Sufficient space for school bus loading and unloading shall be provided.
(g) 
Other development standards of the applicable district shall be satisfied.
(11) 
New automobile sales and service facilities.
(a) 
Minimum lot size shall be five acres.
(b) 
No such use shall abut the MD District (except for nonconforming preexisting uses).
(c) 
No such use shall abut the C-3 Zone District.
(d) 
All car displays shall occur on-site.
(e) 
All other standards of the applicable district shall be satisfied.
(12) 
Fraternal organizations.
(a) 
Minimum lot size shall be two acres.
(b) 
Minimum frontage shall be 150 feet.
(c) 
Minimum front yard setback shall be 50 feet.
(d) 
Minimum side yard setback shall be 25 feet.
(e) 
Minimum rear yard setback shall be 30 feet.
(f) 
Off-street parking requirements shall meet the standards provided elsewhere in Chapter 160, Zoning.
(g) 
Buffers shall comply with those of office uses.
(13) 
Fast food without drive-through or window facilities.
[Amended 8-10-2010 by Ord. No. 18-8-2010]
(a) 
The restaurant shall be either situated as one of the stores in an existing shopping center development or shall be newly constructed in a manner such that it shall be physically attached to a shopping center structure. Such shopping center must be a minimum of 8,000 square feet.
(b) 
The restaurant must provide trash and recycling receptacles both inside and outside the building. Those receptacles placed outside must be secured and visually compatible with the overall development.
(c) 
If outdoor seating is proposed, the applicant must demonstrate that a clear sidewalk area a minimum of six feet in width will be maintained.
(d) 
Signage shall conform to the zone district.
(14) 
Arcades.
(a) 
There shall be 60 square feet of operating area for each machine. The calculation of the operating area shall exclude any area of the premises which is used for other purposes, such as for eating, toilet facilities and other uses not directly associated with or essential to the amusement machines, but shall include access and walkways primarily serving the machine.
(b) 
A minimum of 1,500 square feet of operating area shall exist.
(c) 
A maximum total number of machines shall be 40.
(d) 
Off-street parking shall be provided at a ratio of one off-street space for each two licensed machines.
(e) 
Adequate special parking facilities for bicycles, mopeds and motorcycles shall be provided as determined by the Planning Board as part of site plan review.
(f) 
No such enterprise shall be located closer than 1,000 feet to a primary or secondary school, measured door to door.
(g) 
No sound from any licensed machines shall be discernible in any adjacent premises.
(h) 
Food and beverages may be prepared and/or dispensed as an accessory use to a primary use, provided that the amount of area devoted to the storage, preparation, serving and consumption shall not exceed 25% of the gross floor area of the primary use and shall comply with all other applicable ordinances.
(i) 
No device shall be placed within 30 feet of an entry or exit of the premises.
(j) 
In considering the approval of such premises as a conditional use, the Planning Board shall consider the potential impact of the use at the proposed location on such factors as traffic circulation and safety, the impact on surrounding businesses and residences and any potential detrimental effects to the health, safety and welfare of the citizens of Evesham Township.
(15) 
Single-family detached dwellings served by a centralized wastewater collection facility.
(a) 
The minimum lot area for a single-family detached dwelling shall be six acres.
(b) 
The lot proposed for development, together with all contiguous lands in common ownership, shall be considered as one parcel.
(c) 
A maximum of one single-family detached dwelling may be developed. All development must meet the standards contained in N.J.A.C. 7:50-6, with the exception of N.J.A.C. 7:50-6.84(a)4.
(d) 
The parcel proposed for development must adjoin the RG-1, RG-2 or OP Zones.
(e) 
Sewer service may be provided to existing uses on the parcel but must be provided to any existing use which does not meet the standards of N.J.A.C. 7:50-6.
(f) 
The physical connections to the sewer collection system must be designed and located in such a way that they do not facilitate future connections to parcels not otherwise qualifying for sewer service as a conditional use.
(g) 
The remainder of the parcel not assigned to individual residential lots, including all contiguous lands in common ownership, shall be dedicated as open space through recordation of a restriction on the deed to the property with no further development permitted except agriculture, forestry and low-intensity recreational uses or consistent with any future rezoning of the parcel by the Township if approved by the Pinelands Commission.
(16) 
Theaters.
(a) 
For theater uses requiring more than 300 parking spaces, unimpeded access (both ingress and egress) shall be provided from the property upon which the theater use is located directly onto a major arterial street. To provide the direct access required under this section, the property upon which the theater structure is located must be contiguous and adjacent to a major arterial street, and the direct access must be located within the frontage of the theater property along and upon a major arterial street.
(b) 
A safety and security plan shall be submitted identifying measures to be followed in the operation of the premises, including, but not limited to, the following: number of security guards, fire evacuation plans, emergency vehicle access and measures for patron safety.
(c) 
A pedestrian circulation plan including sidewalks, bikeways, bikepaths and other facilities required by the Evesham Township Master Plan and this chapter shall be submitted to adequately separate vehicular movements from pedestrian traffic within the site proposed for development.
(d) 
The required traffic impact study report (§ 15-26) must demonstrate that the conditional use will not adversely impact traffic safety and/or traffic levels of service in the surrounding neighborhoods.
(e) 
A site signage plan shall be submitted at the time of preliminary application. This plan must include site directional, informational, attached, freestanding, and safety signage. Colors, materials, height, and methods of illumination must be included.
(f) 
Freestanding signs shall be limited to a theater identification sign. A list of individual movies or events shall not be permitted.
(g) 
Attached signs shall be limited to a total square footage not to exceed 200 square feet for the purpose of identifying the movies or events in the theater.
(h) 
In addition to the buffering requirements of § 160-17, the proposed conditional use must satisfy the following distances from existing adjoining zones or uses, measured from the outbound property line of the site proposed for development:
[1] 
Single-family detached: 75 feet.
[2] 
All other uses: 50 feet.
(i) 
A patron pickup and dropoff area, consisting of a minimum of two physically separated fourteen-foot-wide, one-way lanes shall be provided adjacent to the building facade containing the main theater entrance, in a location which does not interfere with the vehicular or pedestrian circulation that would otherwise be required. Short-term stopping spaces provided in these dropoff lanes shall be in addition to the number of required off-street parking spaces and shall only be used for pickup and dropoff of passengers.
(17) 
Outdoor storage. Outdoor storage of any kind as an accessory use of a nonresidential use, as permitted by the district.
(a) 
Outside storage shall be located no closer than 100 feet to any street, or, if located in a side yard area along a building, it must be behind the front half (based on the average building depth) of the building, whichever results in a greater setback.
(b) 
If outside storage is proposed for the side yard along a building or behind the front yard area of a corner lot, it must be screened with a wall, solid fence or berm to a height no greater than eight feet. This screening must be accompanied by landscaping, which must include a combination of evergreen and deciduous materials designed in conjunction with the overall site landscaping plan.
(c) 
Materials stacked within an outside storage area shall not be stacked higher than the height of the screening material or eight feet, whichever is less.
(d) 
Outside storage shall be placed at least 20 feet from any property line, except in the rear yard area, where the setback may be reduced to 10 feet where the length and use of the lot and the nature of the adjoining uses make the full setback not practical or not necessary.
(e) 
Outdoor storage shall not cover more than 10% of the lot.
(f) 
Outdoor storage adjacent to a residential district or use shall be screened to the same extent as described for a high screen in § 160-17D(6)(b).
(g) 
A request for outside storage must be accompanied by a complete site plan, landscaping plan and cross sections, where appropriate. If planned for an area adjacent to a residential district or use, the plan must indicate the location of all residential structures within 200 feet of all property lines, and a general description and plan of the existing vegetation along the common boundary line must be provided.
(18) 
Apartments as accessory uses.
(a) 
Where provided in this chapter, apartments are permitted only when accessory to the permitted uses in a district.
(b) 
Apartments may not be located on the first floor.
(c) 
No more than four apartments shall be provided as accessory uses on any one lot.
(d) 
The floor area of a structure devoted to accessory apartments must be less than the floor area devoted to the principal permitted use.
(e) 
Parking shall be provided in accordance with the New Jersey Residential Site Improvement Standards.
(19) 
Helistops. Helistops, when authorized by the Planning Board as a conditional accessory use, are subject to the standards set forth in § 161-1B and the following requirements:
[Added 8-10-2010 by Ord. No. 17-8-2010; amended 4-12-2011 by Ord. No. 7-4-2011]
(a) 
A helistop may be permitted by the Planning Board as a conditional accessory use when the principal use is an approved industrial or office use in the C-1 Commercial or IP Industrial Park Zoning Districts.
(b) 
The site must be located within one mile of the center line of New Jersey State Highway Route 73, measured in a straight line.
(c) 
Such facility shall meet all of the requirements for the issuance of a helistop private use license, by the Division of Aeronautics, Department of Transportation, State of New Jersey.
(d) 
Flights from the proposed helistop, including landings and takeoffs, will conform to all federal laws and regulations of the Federal Aviation Administration.
(e) 
With regard to the landing and takeoff pads or sites:
[1] 
They shall not exceed 150 feet in width in the C-1 Commercial or IP Industrial Park Zoning Districts.
[2] 
They shall be of dust-free surface (such as properly maintained grass) or pavement but, if pavement, shall conform to specifications required for construction of local streets.
[3] 
Flight patterns for helistop approaches and departures should follow Route 73 and Route 70 whenever possible so as to minimize disturbance to residential areas.
[4] 
Adequate parking for the helistop shall be provided as approved by the Planning Board.
[5] 
Landing pads must be set back a minimum of 15 feet from a lot line adjoining a nonresidential use or zoning district and must be set back a minimum of 40 feet from a lot line adjoining a residential use or zoning district. Buffering and screening must be provided consistent with the requirements of § 160-17. Where a planned office or industrial development includes more than one tax lot and is under common ownership and management, the planned development may be considered one lot for the purposes of this subsection.
[6] 
A helistop in the Commercial or Industrial Park Districts shall not include a hangar and repair facility.
(f) 
All helistops shall permit use by police and medical emergency helicopters.
(g) 
Takeoffs and landings shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.
(h) 
Fueling facilities shall not be permitted.
(i) 
Fencing may be required in accordance with the standards set forth by the Federal Aviation Administration.
(j) 
Identification markings shall be placed flush on the landing and takeoff pad. Company logos may be used on single user helistops. Letter and logo marking shall not exceed 50 feet by 40 feet.
(k) 
Rooftop helistops are prohibited.
(l) 
Wind socks and other navigational instruments are permitted, but may not exceed 25 feet in height.
(m) 
Adjacent tall buildings and similar objects in the flight path may be marked for safety purposes if required by outside agencies.
(n) 
A directional and safety sign program shall be submitted with the application.
(o) 
A primary approach/takeoff path alignment with the prevailing winds shall be designated.
(20) 
Fast food with drive-through or window facilities.
[Added 8-10-2010 by Ord. No. 18-8-2010]
(a) 
The restaurant shall be either situated as one of the stores in an existing shopping center development or shall be newly constructed in a manner such that it shall be physically attached to the existing shopping center structure.
(b) 
Such shopping center development shall be situated on a site not less than 2.5 acres (108,900 square feet) in size and shall consist of structures not less than 20,000 square feet of floor area.
(c) 
The applicant shall submit traffic studies to establish the nature and extent of the anticipated customer volume and that such volume can be accommodated at the proposed location without substantial adverse impact upon the required or existing on-site parking and on vehicular movements within the shopping center complex as a whole.
(d) 
For drive-through restaurants, one freestanding menu board sign is permitted in addition to other permitted signs, not to exceed 24 square feet.
[Amended 5-26-2015 by Ord. No. 14-5-2015]
(e) 
Drive-through lanes must be buffered from adjacent properties with evergreen trees. If adjacent properties are residential, a fence will also be required.
(f) 
If constructed as a new or additional structure, the facility shall be structurally and aesthetically integrated with the overall development, including but not limited to such considerations as materials, color, and height. Under no circumstances shall the restaurant be constructed as a freestanding building unless it is an expansion of an existing freestanding structure.
(g) 
Signage shall conform to the zone district.
(h) 
For property in the C-1 Zoning District, south of Evesham Road and Marlton Parkway, restaurants with drive-through facilities are permitted in a stand-alone building, provided that the following conditions are met:
[Added 5-26-2015 by Ord. No. 14-5-2015]
[1] 
The minimum lot size shall be 2 1/2 acres.
[2] 
The minimum frontage shall be 300 feet.
[3] 
The lot coverage shall not exceed 60%.
[4] 
One freestanding menu board sign is permitted in addition to the other permitted signs, not to exceed 24 square feet. Other signs shall conform to the sign requirements for the C-1 Zoning District.
[5] 
Drive-through lanes shall be buffered from adjacent properties with evergreen trees. If adjacent properties are residential, a six-foot-high solid opaque fence is also required.
[6] 
Drive-through lanes must be a minimum of 50 feet from rear property lines and must be buffered as appropriate to the location.
[7] 
Drive-through lanes must provide adequate vehicle stacking and a bypass opportunity.
[8] 
Fast-food restaurants must comply with the design requirements for the area overall and must be integrated as to building design, materials, color, lighting, and height.
[9] 
The restaurant must provide trash and recycling receptacles both inside and outside the building for use by patrons. Those receptacles placed outside must be secured and visually compatible with the overall development.
[10] 
If outdoor seating is proposed, the applicant must demonstrate that a clear sidewalk area a minimum of six feet in width will be maintained.
(21) 
Nonclustered single-family detached dwellings. Single-family detached dwellings in the FA, FW, RD-1, RD-2, RD-3 or EP Districts which are not clustered in accordance with the standards of § 160-19D may be permitted as a conditional use, provided that:
[Added 7-25-2012 by Ord. No. 20-7-2012]
(a) 
The Planning Board finds that:
[1] 
Clustering of the proposed dwellings would be inconsistent with the minimum environmental standards set forth at N.J.A.C. 7:50-6; or
[2] 
Clustering of the proposed dwellings would disrupt the contiguity of the forest ecosystem to a greater degree than nonclustered development.
(b) 
Minimum lot size requirements:
[1] 
FA District: 20 acres.
[2] 
FW District: 12 acres.
[3] 
RD-1 District: six acres.
[4] 
RD-2 District: four acres.
[5] 
RD-3 District: 3.2 acres.
[6] 
EP District: 10 acres.
[Amended 6-16-2015 by Ord. No. 19-6-2015; 12-18-2018 by Ord. No. 25-12-2018]
A. 
Background and purpose. The Evesham Township Planning Board has adopted a Housing Element and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1 et seq. (hereinafter "Fair Share Plan"). The Fair Share Plan was subsequently endorsed by Township Council. The Fair Share Plan describes how Evesham Township will address its obligation to provide low- and moderate-income housing as set forth in the Fair Share Plan itself, the settlement agreement entered into between the Township and Fair Share Housing Center on August 16, 2018 (the "FSHC settlement agreement"), and the court order approving same; which was entered by the Court on August 23, 2018, after a properly noticed fairness hearing. This section of the Township Code is intended to provide assurances that low- and moderate-income housing units are created with controls on affordability over the restriction period and that low- and moderate-income households or individuals shall occupy those units.
B. 
Applicability. These affordable housing regulations shall apply to all affordable housing units that currently exist or that are constructed or created in Evesham Township, including affordable housing units funded through low-income housing tax credit financing.
C. 
Monitoring and reporting requirements. Evesham Township shall comply with the following monitoring and reporting requirements regarding the status of the implementation of its Housing Element and Fair Share Plan:
(1) 
Beginning on August 16, 2019, and on every anniversary of that date through 2025, the Township agrees to provide annual reporting of its Affordable Housing Trust Fund activity to the New Jersey Department of Community Affairs, Council on Affordable Housing, or Local Government Services, or other entity designated by the State of New Jersey, with a copy provided to Fair Share Housing Center (FSHC) and posted on the municipal website, using forms developed for this purpose by the New Jersey Department of Community Affairs (NJDCA), Council on Affordable Housing (COAH), Local Government Services (NJLGS), or the Special Master. The reporting shall include an accounting of all Affordable Housing Trust Fund activity, including the source and amount of funds collected and the amount and purpose for which any funds have been expended.
(2) 
Beginning on August 16, 2019, and on every anniversary of that date through July 1, 2025, the Township agrees to provide annual reporting of the status of all affordable housing activity within the municipality through posting on the municipal website with a copy of such posting provided to Fair Share Housing Center using forms developed for this purpose by the New Jersey Department of Community Affairs (NJDCA), Council on Affordable Housing (COAH), or Local Government Services (NJLGS), or any other forms endorsed by the Special Master.
(3) 
The Fair Housing Act includes two provisions regarding action to be taken by the Township during the ten-year period of protection provided in the settlement agreement with FSHC. The Township will comply with those provisions as follows:
(a) 
For the midpoint realistic opportunity review due on July 1, 2020, as required pursuant to N.J.S.A. 52:27D-313, the Township will post on its municipal website, with a copy provided to Fair Share Housing Center, a status report as to its implementation of its plan and an analysis of whether any unbuilt sites or unfulfilled mechanisms continue to present a realistic opportunity. Such posting shall invite any interested party to submit comments to the Township, with a copy to Fair Share Housing Center, regarding whether any sites no longer present a realistic opportunity and should be replaced. Any interested party may by motion request a hearing before the Court regarding these issues.
(b) 
For the review of very-low-income housing requirements required by N.J.S.A. 52:27D-329.1, within 30 days of the third anniversary of the settlement agreement with FSHC, and every third year thereafter, the Township will post on its municipal website, with a copy provided to Fair Share Housing Center, a status report as to its satisfaction of its very-low-income requirements, including the family very-low-income requirements referenced herein. Such posting shall invite any interested party to submit comments to the Township and Fair Share Housing Center on the issue of whether the Township has complied with its very-low-income housing obligation under the terms of the settlement agreement with FSHC.
D. 
Definitions. The following terms, when used in this chapter, shall have meanings given in this section:
ACT
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.) as has been subsequently amended.
ADAPTABLE
Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
ADMINISTRATIVE AGENT
The entity responsible for the administration of affordable units in accordance with this chapter, applicable COAH regulations and the Uniform Housing Affordability Controls (UHAC)(N.J.A.C. 5:80-26.1 et seq.).
AFFIRMATIVE MARKETING
A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
AFFORDABILITY AVERAGE
The average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households.
AFFORDABLE
A sales price or rent within the means of a low- or moderate-income household as defined by COAH in its applicable regulations (N.J.A.C. 5:93-7.4) or an equivalent controlling New Jersey state agency; in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.
AFFORDABLE DEVELOPMENT
A housing development all or a portion of which consists of restricted units.
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Township's Fair Share Plan or otherwise intended to address the Township's fair share obligation, and includes, but is not limited to, an inclusionary development, a municipal construction project, or a 100-percent affordable development.
AFFORDABLE HOUSING PROGRAM(S)
Any mechanism in the Township's Fair Share Plan prepared or implemented to address the Township's fair share obligation.
AFFORDABLE UNIT
A housing unit proposed or created pursuant to the Act, credited pursuant to applicable COAH regulations, the FSHC settlement agreement, or an order of the Court.
AGE-RESTRICTED UNIT
A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that: 1) all the residents of the development where the unit is situated are 62 years or older; or 2) at least 80% of the units are occupied by one person that is 55 years or older; or 3) the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
AGENCY
The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
ALTERNATIVE LIVING ARRANGEMENT
A structure in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central heat and common areas. Alternative living arrangements include, but are not limited to, transitional facilities for the homeless; Class A, B, C, D and E boarding homes as regulated by the State of New Jersey Department of Community Affairs; residential health care facilities as regulated by the New Jersey Department of Health; group homes for the developmentally disabled and mentally ill as licensed and/or regulated by the New Jersey Department of Human Services; and congregate living arrangements.
ASSISTED LIVING RESIDENCE
A facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
CERTIFIED HOUSEHOLD
A household that has been certified by an administrative agent as a low-income household or moderate-income household.
COAH
The New Jersey Council on Affordable Housing.
DCA
The State of New Jersey Department of Community Affairs that was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
DEFICIENT HOUSING UNIT
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.
DEVELOPER
Any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development including the holder of an option to contract or purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.
INCLUSIONARY DEVELOPMENT
A development containing both affordable units and market rate units. This term includes, but is not necessarily limited to, new construction, the conversion of a nonresidential structure to residential and the creation of new affordable units through the reconstruction of a vacant residential structure.
LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal to 50% or less of the median household income.
LOW-INCOME UNIT
A restricted unit that is affordable to a low-income household.
MAJOR SYSTEM
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.
MARKET-RATE UNITS
Housing not restricted to low- and moderate-income households that may sell or rent at any price.
MEDIAN INCOME
The median income by household size for the applicable county, as adopted annually by the Department.
MODERATE-INCOME HOUSEHOLD
A household with a total gross annual household income in excess of 50% but less than 80% of the median household income.
MODERATE-INCOME UNIT
A restricted unit that is affordable to a moderate-income household.
NON-EXEMPT SALE
Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a class A beneficiary and the transfer of ownership by court order.
RANDOM SELECTION PROCESS
A process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).
REGIONAL ASSET LIMIT
The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as defined by the Department's adopted Regional Income Limits published annually by the Department.
REHABILITATION
The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
RENT
The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.
RESTRICTED UNIT
A dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as may be amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.
UHAC
The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.
VERY-LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal to 30% or less of the median household income.
VERY-LOW-INCOME UNIT
A restricted unit that is affordable to a very-low-income household.
WEATHERIZATION
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.
E. 
Mandatory Affordable Housing Set-aside in Future Residential Developments Permitted by Rezoning or Variance at Density of Six Dwelling Units/Acre or More.
(1) 
If the Township or its Planning Board or Zoning Board permit, either through future rezonings or the grant of variances, multifamily or single-family attached residential development not already included in the Third Round Fair Share Plan, that is "approvable" and "developable" as defined in N.J.A.C. 5:93-1, et seq. at a gross density of six units to the acre or more, the Township and/or the Planning Board or Zoning Board shall require that an appropriate percentage of the residential units be set-aside for low- and moderate-income households.
(2) 
This requirement shall apply to any multifamily or single-family attached residential development, including the residential portion of a mixed-use project, which consists of six or more new residential units, whether permitted by a zoning amendment, a variance granted by the Township's Planning or Zoning Board, or adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation.
(3) 
Nothing herein precludes the Township from imposing an affordable housing set-aside in a development not required to have a set-aside pursuant to the provisions hereof consistent with N.J.S.A. 52:27D-311(h) and other applicable law.
(4) 
For inclusionary projects in which low- and moderate-income units are to be offered for sale, the appropriate set-aside percentage is 20%; for inclusionary projects for which the low- and moderate-income units are to be offered for rent, the appropriate set-aside percentage is 15%.
(5) 
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. This requirement does not apply to any sites or specific zones otherwise identified in the settlement agreement with FSHC or Fair Share Plan, for which density and set-aside standards shall be governed by the specific standards set forth therein. A property shall not be permitted to be subdivided so as to avoid meeting the above affordable housing requirement.
F. 
Alternative living arrangements.
(1) 
The administration of an alternative living arrangement shall be in compliance with N.J.A.C. 5:93-5.8 and UHAC, with the following exceptions:
(a) 
Affirmative marketing (N.J.A.C. 5:80-26.15); provided, however, that the units or bedrooms may be affirmatively marketed by the provider in accordance with an alternative plan approved by the Special Master and/or the Court;
(b) 
Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3).
(2) 
With the exception of units established with capital funding through a twenty-year operating contract with the Department of Human Services, Division of Developmental Disabilities, alternative living arrangements shall have at least thirty-year controls on affordability in accordance with UHAC, unless an alternative commitment is approved by the Court.
(3) 
The service provider for the alternative living arrangement shall act as the administrative agent for the purposes of administering the affirmative marketing and affordability requirements for the alternative living arrangement unless an alternative means of administering the unit(s) is agreed upon by the Township and the service provider.
G. 
Phasing for Inclusionary Housing. Inclusionary developments shall be subject to the following schedule, except where an alternate phasing schedule has been incorporated into a development or redevelopment agreement:
Maximum Percentage of Market-Rate Units Completed
Minimum Percentage of Low- and Moderate-Income Units Completed
25%
0%
25% + 1
10%
50
50%
75
75%
90%
100%
H. 
New construction.
(1) 
Low/moderate split and bedroom distribution of affordable housing units:
(a) 
The fair share obligation shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit.
(b) 
At least 13% of all affordable units in the Township, with the exception of units constructed as of July 1, 2008, and units subject to preliminary or final site plan approval as of July 1, 2008, shall be designated for very-low-income households at 30% of the median income, with at least 50% of all very-low-income units being available to families. Very-low-income units shall be considered low-income units for the purposes of evaluating compliance with the required low/moderate income unit splits, bedroom distribution, and phasing requirements of this chapter.
(c) 
In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be very-low- or low-income units.
(d) 
Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:
[1] 
The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;
[2] 
At least 30% of all low- and moderate-income units shall be two-bedroom units;
[3] 
At least 20% of all low- and moderate-income units shall be three-bedroom units; and
[4] 
The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.
(e) 
Affordable developments that are age-restricted shall be structured such that the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the inclusionary development. This standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit. In the case of congregate living arrangements, studio units may account for all of the affordable units.
(2) 
Accessibility requirements:
(a) 
The first floor of all restricted townhouse dwelling units and all restricted units in all other multistory buildings shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
(b) 
All restricted townhouse dwelling units and all restricted units in other multistory buildings in which a restricted dwelling unit is attached to at least one other dwelling unit shall have the following features:
[1] 
An adaptable toilet and bathing facility on the first floor; and
[2] 
An adaptable kitchen on the first floor; and
[3] 
An interior accessible route of travel on the first floor; and
[4] 
An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door, on the first floor; and
[5] 
If not all of the foregoing requirements in Subsection H(2)(b)[1] through [4] can be satisfied, then an interior accessible route of travel must be provided between stories within an individual unit, but if all of the terms of Subsection H(2)(b)[1] through [4] above have been satisfied, then an interior accessible route of travel shall not be required between stories within an individual unit; and
[6] 
An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that Evesham Township has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:
[a] 
Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.
[b] 
To this end, the builder of restricted units shall deposit funds within the Township of Evesham's Affordable Housing Trust Fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.
[c] 
The funds deposited under Subsection H(2)(b)[6] above shall be used by the Township of Evesham 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 a design plan and cost estimate to the Construction Official of Evesham Township for the conversion of adaptable to accessible entrances.
[e] 
Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meet 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 Township's Affordable Housing Trust Fund in care of the Township Treasurer who shall ensure that the funds are deposited into the Affordable Housing Trust Fund and appropriately earmarked.
[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. Determinations of site impracticability shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.
(3) 
Design.
(a) 
In inclusionary developments, to the extent possible, low- and moderate-income units shall be integrated with the market units.
(b) 
In inclusionary developments, low- and moderate-income units shall have access to all of the same common elements and facilities as the market units.
(c) 
Affordable units shall utilize the same type of heating source as market units within the affordable development.
I. 
Regional income limits.
(1) 
Income limits for all units that are part of Evesham Township's Housing Element and Fair Share Plan, and for which income limits are not already established through a federal program exempted from the Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26.1, shall be updated by the municipality annually within 30 days of the publication of determinations of median income by HUD as follows:
(a) 
Regional income limits shall be established for the region that the municipality is located within, based on the median income by household size, which shall be established by a regional weighted average of the uncapped Section 8 income limits published by HUD. To compute this regional income limit, the HUD determination of median county income for a family of four is multiplied by the estimated households within the county according to the most recent decennial census. The resulting product for each county within the housing region is summed. The sum is divided by the estimated total households from the most recent decennial census in the municipality's housing region. This quotient represents the regional weighted average of median income for a household of four. The income limit for a moderate-income unit for a household of four shall be 80% of the regional weighted average median income for a family of four. The income limit for a low-income unit for a household of four shall be 50% of the HUD determination of the regional weighted average median income for a family of four. The income limit for a very-low-income unit for a household of four shall be 30% of the regional weighted average median income for a family of four. These income limits shall be adjusted by household size based on multipliers used by HUD to adjust median income by household size. In no event shall the income limits be less than those for the previous year.
(b) 
The income limits applicable to Evesham Township shall be the result of applying the percentages set forth in Subsection I(1)(a) above to HUD's determination of median income for the most current fiscal year, and shall be utilized until the municipality updates the income limits after HUD has published revised determinations of median income for the next fiscal year.
(c) 
The regional asset limit used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3 shall be calculated by the Township annually by taking the percentage increase of the income limits calculated pursuant to Subsection I(1)(a) above over the previous year's income limits, and applying the same percentage increase to the regional asset limit from the prior year. In no event shall the regional asset limit be less than that for the previous year.
J. 
Maximum 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 utilizing the regional income limits established by the New Jersey Department of Community Affairs (DCA) or other agency as required by the Court.
(2) 
The maximum rent for restricted rental units within each affordable development shall be affordable to households earning no more than 60% of median income, and the average rent for restricted low- and moderate-income units shall be affordable to households earning no more than 52% of median income.
(3) 
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. At least 13% of all low- and moderate-income dwelling units shall be affordable to households earning no more than 30% of median income.
(4) 
The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70% of median income, and each affordable development must achieve an affordability average of 55% for restricted ownership units; in achieving this affordability average, moderate-income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type.
(5) 
In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units other than assisted living facilities, the following standards shall be used:
(a) 
A studio 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.
(6) 
In determining the initial rents for compliance with the affordability average requirements for restricted units in assisted living facilities, the following standards shall be used:
(a) 
A studio 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.
(7) 
The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 28% of the eligible monthly income of the appropriate size household as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(8) 
The initial rent for a restricted rental unit shall be calculated so as not to exceed 30% of the eligible monthly income of the appropriate household size as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(9) 
The price of owner-occupied low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the administrative agent be lower than the last recorded purchase price.
(10) 
The rent levels of very-low, low- and moderate-income units may be increased annually based on the percentage increase in the Housing Consumer Price Index for the Northeast Urban Area, upon its publication for the prior calendar year. This increase shall not exceed 9% in any one year. Rents for units constructed pursuant to low-income housing tax credit regulations shall be indexed pursuant to the regulations governing low-income housing tax credits.
(11) 
If at any time, COAH (or a successor administrative agency duly empowered by an amendment to the Fair Housing Act) begins to issue updated annual income limits and rules for increasing sales prices and rent levels each year, said updated income limits and rules for increasing sales prices and rent levels each year may be used instead of the methodology set forth herein.
(12) 
Utilities. Tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance approved by DCA for its Section 8 program.
K. 
Affirmative marketing requirements.
(1) 
The Township of Evesham has adopted by resolution an Affirmative Marketing Plan, subject to approval of the Court, compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented. The Affirmative Marketing Plan requires direct notification of availability of affordable housing units in Evesham to the following community and regional organizations: Fair Share Housing Center, Fair Share Housing Development, Camden County NAACP, The Latino Action Network, Willingboro NAACP, Burlington County Community Action Program, Southern Burlington County NAACP, and the Supportive Housing Association.
(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 also intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward Housing Region 5 and covers the period of deed restriction.
(3) 
The Affirmative Marketing Plan shall provide a regional preference for all households that live and/or work in Housing Region 5, which includes Burlington, Camden, and Gloucester Counties.
(4) 
The administrative agent designated by Evesham Township shall assure the affirmative marketing of all affordable units consistent with the Affirmative Marketing Plan for the municipality.
(5) 
In implementing the Affirmative Marketing Plan, the administrative agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
(6) 
The affirmative marketing process for available affordable units shall begin at least four months prior to the expected date of occupancy.
(7) 
The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner, unless otherwise determined or agreed to by the Township.
L. 
Occupancy standards. 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:
(1) 
Provide an occupant for each bedroom;
(2) 
Provide children of different sex with separate bedrooms;
(3) 
Provide separate bedrooms for parents and children; and
(4) 
Prevent more than two persons from occupying a single bedroom.
M. 
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. 5:80-26.5, as may be amended and supplemented, and each restricted ownership unit shall remain subject to the requirements of this Ordinance for a period of at least 30 years until Evesham Township takes action to release the unit from such requirements; prior to such action, a restricted ownership unit must remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented, for at least 30 years.
(2) 
The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.
(3) 
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.
(4) 
At the time of the first sale of the unit, the purchaser shall execute and deliver to the administrative agent a recapture note obligating 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 requirements of this chapter, an amount equal to the difference between the unit's nonrestricted 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.
(5) 
The affordability controls set forth in this chapter shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units.
(6) 
A restricted ownership unit shall be required to obtain a continuing certificate of occupancy or a certified statement from the Construction Official stating that the unit meets all code standards upon the first transfer of title that follows the expiration of the applicable minimum control period provided under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
N. 
Price restrictions for restricted ownership units, homeowner association fees and resale prices.
(1) 
Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:
(2) 
The initial purchase price for a restricted ownership unit shall be approved by the administrative agent.
(3) 
The administrative agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.
(4) 
The method used to determine the condominium association fee amounts and special assessments shall be indistinguishable between the low- and moderate-income unit owners and the market unit owners.
(5) 
The owners of restricted ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom.
O. 
Buyer income eligibility.
(1) 
Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, such that low-income ownership units shall be reserved for households with a gross household income less than or equal to 50% of median income and moderate-income ownership units shall be reserved for households with a gross household income less than 80% of median income. Very-low-income units shall be reserved for households with a gross household income of less than 30% of median income.
(2) 
Notwithstanding the foregoing, the administrative agent may, upon approval by the Township Council and subject to the Court'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.
(3) 
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, taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 33% of the household's certified monthly income.
P. 
Limitations on indebtedness secured by ownership unit; subordination.
(1) 
Prior to incurring any indebtedness to be secured by a restricted ownership unit, the administrative agent shall determine in writing that the proposed indebtedness complies with the provisions of this chapter.
(2) 
With the exception of original purchase money mortgages, during a control period neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of that unit, as such price is determined by the administrative agent in accordance with N.J.A.C. 5:80-26.6(b).
Q. 
Control periods for restricted rental units.
(1) 
Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and each restricted rental unit shall remain subject to the requirements of this chapter for a period of at least 30 years, until Evesham takes action to release the unit from such requirements. Prior to such action, a restricted rental unit must remain subject to the requirements of N.J.A.C. 5:80-26.1, et al. as may be amended and supplemented, for at least 30 years.
(2) 
Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or seller with the records office of the County of Burlington. A copy of the filed document shall be provided to the administrative agent within 30 days of the receipt of a certificate of occupancy.
(3) 
A restricted rental unit shall remain subject to the affordability controls of this chapter, 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; or
(c) 
The entry and enforcement of any judgment of foreclosure on the property containing the unit.
R. 
Price restrictions for rental units; leases.
(1) 
A written lease shall be required for all restricted rental units, except for units in an assisted living residence, and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be provided to the administrative agent.
(2) 
No additional fees or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the administrative agent.
(3) 
Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit and shall be payable to the administrative agent to be applied to the costs of administering the controls applicable to the unit as set forth in this chapter.
S. 
Tenant income eligibility.
(1) 
Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as may be amended and supplemented, and shall be determined as follows:
(a) 
Very-low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of median income.
(b) 
Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of median income.
(c) 
Moderate-income rental units shall be reserved for households with a gross household income less than 80% of median income.
(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 household or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:
(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 proposed third-party assistance from an outside source such as a family member in a form acceptable to the administrative agent and the owner of the unit.
(3) 
The applicant shall file documentation sufficient to establish the existence of the circumstances in Subsection S(2)(a) through (e) above with the administrative agent, who shall counsel the household on budgeting.
T. 
Municipal Housing Liaison.
(1) 
Evesham Township shall appoint a specific municipal employee to serve as a Municipal Housing Liaison responsible for overseeing the Township's affordable housing program, including overseeing the administration of affordability controls on the affordable units and the affirmative marketing of available affordable units in accordance with the Township's Affirmative Marketing Plan; fulfilling monitoring and reporting requirements; and supervising administrative agent(s). Evesham has adopted an ordinance creating the position of Municipal Housing Liaison and a resolution appointing the person to fulfill the position of Municipal Housing Liaison. The Municipal Housing Liaison shall be appointed by the governing body and may be a full- or part-time municipal employee. The Municipal Housing Liaison shall be approved by the Court and shall be duly qualified through a training program sponsored by Affordable Housing Professionals of New Jersey before assuming the duties of Municipal Housing Liaison.
(2) 
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program, including the following responsibilities which may not be contracted out to the administrative agent:
(a) 
Serving as Evesham's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents and interested households;
(b) 
Monitoring the status of all restricted units in Evesham's Fair Share Plan;
(c) 
Compiling, verifying, submitting and posting all monitoring reports as required by the Court and by this chapter;
(d) 
Coordinating meetings with affordable housing providers and administrative agents, as needed; and
(e) 
Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing at least annually and more often as needed.
(3) 
Evesham Township shall designate one or more administrative agent(s) to administer and to affirmatively market the affordable units constructed in the Township in accordance with UHAC and this chapter. An operating manual for each affordable housing program shall be provided by the administrative agent(s) to be adopted by resolution of the governing body and subject to approval of the Court. The operating manual(s) shall be available for public inspection in the office of the Township Clerk, in the office of the Municipal Housing Liaison, and in the office(s) of the administrative agent(s). The Municipal Housing Liaison shall supervise the work of the administrative agent(s).
U. 
Administrative agent. An administrative agent shall be an independent entity serving under contract to and reporting to the municipality. The fees of the administrative agent shall be paid by the owners of the affordable units for which the services of the administrative agent are required unless otherwise agreed by the Township and the administrative agent. The administrative agent shall perform the duties and responsibilities of an administrative agent as set forth in UHAC, including those set forth in Sections 5:80-26.14, 16 and 18 thereof, which includes:
(1) 
Affirmative marketing:
(a) 
Conducting an outreach process to affirmatively market affordable housing units in accordance with Evesham Township's Affirmative Marketing Plan and the provisions of N.J.A.C. 5:80-26.15; and
(b) 
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.
(2) 
Household certification:
(a) 
Soliciting, scheduling, conducting and following up on interviews with interested households;
(b) 
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;
(c) 
Providing written notification to each applicant as to the determination of eligibility or noneligibility;
(d) 
Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set forth in Appendices J and K of N.J.A.C. 5:80-26.1 et seq.;
(e) 
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;
(f) 
Employing a random selection process as provided in Evesham Township's Affirmative Marketing Plan when referring households for certification to affordable units; and
(g) 
Notifying the following entities of the availability of affordable housing units in Evesham Township: Fair Share Housing Center, Fair Share Housing Development, Camden County NAACP, The Latino Action Network, Willingboro NAACP, Burlington County Community Action Program, Southern Burlington County NAACP, and the Supportive Housing Association.
(3) 
Affordability controls:
(a) 
Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;
(b) 
Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;
(c) 
Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the Burlington County Register of Deeds or Burlington County Clerk's office after the termination of the affordability controls for each restricted unit;
(d) 
Communicating with lenders regarding foreclosures; and
(e) 
Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
(4) 
Resales and rerentals:
(a) 
Instituting and maintaining an effective means of communicating information between owners and the administrative agent regarding the availability of restricted units for resale or rerental; and
(b) 
Instituting and maintaining an effective means of communicating information to low- (or very-low-) and moderate-income households regarding the availability of restricted units for resale or rerental.
(5) 
Processing requests from unit owners:
(a) 
Reviewing and approving requests for determination from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership that the amount of indebtedness to be incurred will not violate the terms of this chapter;
(b) 
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;
(c) 
Notifying the municipality of an owner's intent to sell a restricted unit; and
(d) 
Making determinations on requests by owners of restricted units for hardship waivers.
(6) 
Enforcement:
(a) 
Securing annually from the municipality a list of all affordable housing units for which tax bills are mailed to absentee owners, and notifying all such owners that they must either move back to their unit or sell it;
(b) 
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;
(c) 
Posting annually, in all rental properties (including two-family homes), a notice as to the maximum permitted rent together with the telephone number of the administrative agent where complaints of excess rent or other charges can be made;
(d) 
Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;
(e) 
Establishing a program for diverting unlawful rent payments to the municipality's Affordable Housing Trust Fund; and
(f) 
Creating and publishing a written operating manual for each affordable housing program administered by the administrative agent, to be approved by the Township Council and the Court, setting forth procedures for administering the affordability controls.
(7) 
Additional responsibilities:
(a) 
The administrative agent shall have the authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.
(b) 
The administrative agent shall prepare monitoring reports for submission to the Municipal Housing Liaison in time to meet the Court-approved monitoring and reporting requirements in accordance with the deadlines set forth in this chapter.
(c) 
The administrative agent shall attend continuing education sessions on affordability controls, compliance monitoring, and affirmative marketing at least annually and more often as needed.
V. 
Enforcement of affordable housing regulations.
(1) 
Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant, the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.
(2) 
After providing written notice of a violation to an owner, developer or tenant of a low- or moderate-income unit and advising the owner, developer or tenant of the penalties for such violations, the municipality may take the following action against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:
(a) 
The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations governing the affordable housing unit. If the owner, developer or tenant is found by the court to have violated any provision of the regulations governing affordable housing units, the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the court:
[1] 
A fine of not more than $10,000 or imprisonment for a period not to exceed 90 days, or both. Each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense;
[2] 
In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Township of Evesham Affordable Housing Trust Fund of the gross amount of rent illegally collected;
[3] 
In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the court.
(b) 
The municipality may file a court action in the Superior Court seeking a judgment, which would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the low- and moderate-income unit.
(c) 
Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the low- and moderate-income unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating owner shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale.
(d) 
The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for and to the extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the municipality for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the municipality for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the owner or forfeited to the municipality.
(e) 
Foreclosure by the municipality due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.
(f) 
If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the municipality may acquire title to the low- and moderate-income unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low- and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.
(g) 
Failure of the low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- and moderate-income unit as permitted by the regulations governing affordable housing units.
(h) 
The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner.
W. 
Appeals. Appeals from all decisions of an administrative agent appointed pursuant to this chapter shall be filed in writing with the Superior Court of New Jersey, Burlington County.
[Amended 11-20-2001 by Ord. No. 29-10-2001; 12-19-2006 by Ord. No. 34-12-2006; 5-19-2009 by Ord. No. 6-5-2009]
The following shall apply to the collection of Affordable Housing Development Fees in the Township of Evesham.
A. 
Purpose.
(1) 
In Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules.
(2) 
Pursuant to P.L. 2008, c. 46, section 8 (N.J.S.A. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7),[1] COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Council or court of competent jurisdiction and have a COAH-approved spending plan may retain fees collected from nonresidential development.
[1]
Editor's Note: Pursuant to the New Jersey Economic Stimulus Act of 2009, the Non-Residential Development Fee Act, which was signed into law on 7-17-2008, was suspended. For applicable development fees, consult the Township offices.
(3) 
This section establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's regulations and in accordance with P.L. 2008, c. 46, Sections 8 and 32-38. Fees collected pursuant to this section shall be used for the sole purpose of providing low- and moderate-income housing. This section shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. 5:97-8.
B. 
Basic requirements.
(1) 
This section shall not be effective until approved by COAH pursuant to N.J.A.C. 5:96-5.1.
(2) 
The Township shall not spend development fees until COAH has approved a plan for spending such fees in conformance with N.J.A.C. 5:97-8.10 and N.J.A.C. 5:96-5.3.
C. 
Definitions. The following terms, as used in this section, shall have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a one-hundred-percent affordable development.
COAH or THE COUNCIL
The New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the state.
DEVELOPER
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 FEE
Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.
EQUALIZED ASSESSED VALUE
The assessed value of a property divided by the current average ratio of assessed-to-true value for the municipality in which the property is situated, as determined in accordance with sections 1, 5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
GREEN BUILDING STRATEGIES
Those 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.
D. 
Residential development fees.
(1) 
Imposed fees.
(a) 
Within all residential zoning districts, residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1.5% of the equalized assessed value for residential development, provided no increased density is permitted.
(b) 
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers shall be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be 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 density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application. Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1% of the equalized assessed value on the first two units; and the specified higher percentage up to 6% of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.
(2) 
Eligible exactions, ineligible exactions and exemptions for residential development.
(a) 
Affordable housing developments and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.
(b) 
Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.
(c) 
Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced, or is expanded, if the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.
(d) 
Developers of residential structures demolished and replaced as a result of fire damage, flood or similar natural disaster, shall be exempt from paying a development fee.
E. 
Nonresidential development fees.
(1) 
Imposed fees.
(a) 
Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new nonresidential construction on an unimproved lot or lots.
(b) 
Nonresidential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.
(c) 
Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the preexisting land and improvement and the equalized assessed value of the newly improved structure, i.e., land and improvement, at the time final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.
(2) 
Eligible exactions, ineligible exactions and exemptions for nonresidential development.
(a) 
The nonresidential portion of a mixed-use inclusionary or market-rate development shall be subject to the development fee of 2.5% unless otherwise exempted below.
(b) 
The fee of 2.5% shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.
(c) 
Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required pursuant to P.L. 2008, c. 46, as specified in the Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption." Any exemption claimed by a developer shall be substantiated by that developer.
(d) 
A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L. 2008, c. 46, shall be subject to it at such time the basis for exemption no longer applies, and shall make the payment of the nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the nonresidential development, whichever is later.
(e) 
If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by the Township as a lien against the real property of the owner.
F. 
Collection procedures.
(1) 
Upon the granting of a preliminary, final or other applicable approval for a development, the applicable approving authority shall direct its staff to notify the construction official responsible for the issuance of a building permit. For nonresidential developments, the developer shall also be provided with a copy of Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" and complete as per the instructions provided.
(2) 
For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" to be completed as per the instructions provided. The Developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The construction official shall verify the information submitted by the nonresidential developer as per the instructions provided in the Form N-RDF. The Tax assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
(3) 
The construction official responsible for the issuance of a building permit shall notify the local Tax Assessor of the issuance of the first building permit for a development which is subject to a development fee.
(4) 
Within 90 days of receipt of that notice, the municipal Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.
(5) 
The construction official responsible for the issuance of a final certificate of occupancy notifies the local Assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.
(6) 
Within 10 business days of a request for the scheduling of a final inspection, the municipal Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.
(7) 
Should the Township fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in subsection b. of section 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).
(8) 
Fifty percent of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.
(9) 
Appeal of development fees.
(a) 
A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest-bearing escrow account by the Township. Appeals from a determination of the Board may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
(b) 
A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by the Township. Appeals from a determination of the Director may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
G. 
Affordable Housing Trust Fund.
(1) 
There is hereby created a separate, interest-bearing housing trust fund to be maintained by the Chief Financial Officer of the Township for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.
(2) 
The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:
(a) 
Payments in lieu of on-site construction of affordable units;
(b) 
Developer-contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;
(c) 
Rental income from municipally operated units;
(d) 
Repayments from affordable housing program loans;
(e) 
Recapture funds;
(f) 
Proceeds from the sale of affordable units; and
(g) 
Any other funds collected in connection with the Township's affordable housing program.
(3) 
Within seven days from the opening of the trust fund account, the Township shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, the bank, and COAH to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b).
(4) 
All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH.
H. 
Use of funds.
(1) 
The expenditure of all funds shall conform to a spending plan approved by COAH. Funds deposited in the housing trust fund may be used for any activity approved by COAH to address the Township's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to, preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, or regional housing partnership programs, conversion of existing nonresidential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through 8.9 and specified in the approved spending plan.
(2) 
Funds shall not be expended to reimburse the Township for past housing activities.
(3) 
At least 30% of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of median income by region.
(a) 
Affordability assistance programs may include down payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowners' association or condominium fees and special assessments, and assistance with emergency repairs.
(b) 
Affordability assistance to households earning 30% or less of median income may include buying down the cost of low- or moderate-income units in the municipal Fair Share Plan to make them affordable to households earning 30% or less of median income. The use of development fees in this manner shall entitle the Township to bonus credits pursuant to N.J.A.C. 5:97-3.7.
(c) 
Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
(4) 
The Township may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.
(5) 
No more than 20% of all revenues collected from development fees may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council's regulations and/or action are not eligible uses of the Affordable Housing Trust Fund.
I. 
Monitoring.
(1) 
The Township shall complete and return to COAH all monitoring forms included in monitoring requirements related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with the Township's housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH or approved by the court. All monitoring reports shall be completed on forms designed by COAH.
J. 
Ongoing collection of fees. The ability for the Township to impose, collect and expend development fees shall expire with its substantive certification from COAH or judgment of compliance from the court (as the case may be) unless the Township has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned for substantive certification or the entry of a judgment of compliance from the court, and has received COAH's approval of its development fee ordinance. If the Township fails to renew its ability to impose and collect development fees prior to the expiration of substantive certification or its judgment of compliance, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the "New Jersey Affordable Housing Trust Fund" established pursuant to section 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320). The Township shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its substantive certification or judgment of compliance, nor shall the Township retroactively impose a development fee on such a development. The Township shall not expend development fees after the expiration of its substantive certification or judgment of compliance.
[1]
Editor’s Note: Former § 161-4, Uniform affordable housing productions based upon growth share, added 9-20-2005 by Ord. No. 14-9-2005, amended 12-19-2006 by Ord. No. 35-12-2006, was repealed 5-19-2009 by Ord. No. 6-5-2009 as having been rendered moot by amendments to COAH’s Third Round Rules which took effect on 10-20-2008, as published at 40 N.J.R. 6054 (See N.J.A.C. 5:97-1 et seq.).
[Added 12-4-2007 by Ord. No. 30-12-2007]
A. 
Purpose. The purpose of this section is to create the administrative mechanisms needed for the execution of Evesham Township's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADMINISTRATIVE AGENT
The entity responsible for administering the affordability controls of some or all units in the affordable housing program for Evesham Township to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.
MUNICIPAL HOUSING LIAISON
The employee charged by the Township Council with the responsibility for oversight and administration of the affordable housing program for Evesham Township.
C. 
Establishment of Municipal Housing Liaison position and compensation; powers and duties.
(1) 
There is hereby established the position of Municipal Housing Liaison for Evesham Township.
(2) 
Subject to the approval of the Council on Affordable Housing (COAH), the Municipal Housing Liaison shall be appointed by the Township Council and shall be the Director of Community Development or his designee.
(3) 
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for Evesham Township, including the following responsibilities which may not be contracted out:
(a) 
Serving as Evesham Township's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents, and interested households;
(b) 
Monitoring the status of all restricted units in Evesham Township's Fair Share Plan;
(c) 
Compiling, verifying, and submitting annual reports as required by COAH;
(d) 
Coordinating meetings with affordable housing providers and administrative agent(s), as applicable;
(e) 
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH;
(f) 
If applicable, serving as the administrative agent for some or all of the restricted units in Evesham Township as described in Subsection E below.
D. 
Subject to approval of the COAH, Evesham Township may enter into or amend its current contract with an administrative agent, which shall have the responsibility of administering the affordable housing program of Evesham Township. The Municipal Housing Liaison shall supervise the contracting administrative agent.
E. 
Administrative powers and duties assigned to the Municipal Housing Liaison.
(1) 
Affirmative marketing.
(a) 
Conducting an outreach process to insure affirmative marketing of affordable housing units in accordance with the Affirmative Marketing Plan of Evesham Township and the provisions of N.J.A.C. 5:80-26.15; and
(b) 
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.
(2) 
Household certification.
(a) 
Soliciting, scheduling, conducting and following up on interviews with interested households;
(b) 
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;
(c) 
Providing written notification to each applicant as to the determination of eligibility or noneligibility;
(d) 
Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set forth in Appendices J and K of N.J.A.C. 5:80-26.1 et seq.;
(e) 
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; and
(f) 
Employing the random selection process as provided in the Affirmative Marketing Plan of Evesham Township when referring households for certification to affordable units.
(3) 
Affordability controls.
(a) 
Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;
(b) 
Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;
(c) 
Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the appropriate county's register of deeds or county clerk's office after the termination of the affordability controls for each restricted unit;
(d) 
Communicating with lenders regarding foreclosures; and
(e) 
Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
(4) 
Resale and rental.
(a) 
Instituting and maintaining an effective means of communicating information between owners and the administrative agent regarding the availability of restricted units for resale or rental; and
(b) 
Instituting and maintaining an effective means of communicating information to low- and moderate-income households regarding the availability of restricted units for resale or re-rental.
(5) 
Processing request from unit owners.
(a) 
Reviewing and approving requests from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership;
(b) 
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 cost of central air-conditioning systems; and
(c) 
Processing requests and making determinations on requests by owners of restricted units for hardship waivers.
(6) 
Enforcement.
(a) 
Securing annually lists of all affordable housing units for which tax bills are mailed to absentee owners and notifying all such owners that they must either move back to their unit or sell it;
(b) 
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;
(c) 
The posting annually in all rental properties, including two-family homes, of a notice as to the maximum permitted rent together with the telephone number of the administrative agent where complaints of excess rent can be made;
(d) 
Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;
(e) 
Establishing a program for diverting unlawful rent payments to the municipality's affordable housing trust fund or other appropriate municipal fund approved by the DCA;
(f) 
Establishing a rent-to-equity program;
(g) 
Creating and publishing a written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls; and
(h) 
Providing annual reports to COAH as required.
(7) 
The administrative agent, pursuant to contract subject to COAH approval, shall have authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.
F. 
Severability. If any section, subsection, paragraph, sentence or other part of this section is adjudged unconstitutional or invalid, such judgment shall not affect or invalidate the remainder of this section, but shall be confined in its effect to the section, subsection, paragraph, sentence or other part of this section directly involved in the controversy in which said judgment shall have been rendered and all other provisions of this section shall remain in full force and effect.
G. 
Inconsistent ordinances repealed. All ordinances or parts of ordinances which are inconsistent with the provisions of this section are hereby repealed, but only to the extent of such inconsistencies.
H. 
Effective date. This section shall take effect immediately upon final adoption and publication in the manner prescribed by law.
[Added 9-18-2012 by Ord. No. 23-9-2012]
There is established a down payment assistance program, funded by developer fees, payable only from the Township's Housing Trust Fund and administered through the Township of Evesham affordable housing program, for purchasers who seek to purchase low- or moderate-income units as part of said program. The low or moderate units that are being purchased under this program must be in full compliance with all Uniform Housing Affordability Controls (UHAC) regulations and the rules adopted by the New Jersey Council on Affordable Housing (COAH). Prospective homeowners will not receive direct funds. The assistance dollars will be supplied to the appropriate entity/entities. The Evesham down payment assistance program is implemented through a down payment assistance loan that is documented in a repayment loan agreement and secured by a down payment assistance program recapture note and down payment assistance program mortgage in favor of the Township that is executed by the purchaser/property owner. The loan is interest free and must be repaid, in whole or in part, if the recipient sells the property or fails to occupy it as his/her primary residence within 10 years of the date of the purchase. The amount of the loan that must be repaid decreases by 1/10 for each year that the recipient owns and occupies the home after closing. For example, 1/2 of the loan must be repaid if the home is resold between the fifth and sixth year after closing. However, the loan is forgiven in its entirety if the purchaser continues to own the property and occupy it as his/her primary residence after 10 years from the date of purchase. The down payment assistance mortgage is a second mortgage that is subordinate to the first purchase money mortgage that the purchaser will secure from an institutional lender. In no event may the combined amounts of both mortgages exceed the maximum amount of mortgage indebtedness allowed for affordable units under UHAC or COAH regulations. The Evesham Township down payment assistance loan is not available to those individuals or households that have been awarded down payment and/or closing cost assistance grants and/or loans from any other governmental sources including, but not limited to, Burlington County's First-Time Homebuyer Program.
A. 
Purchasers seeking a down payment assistance loan through this program must make application to the Evesham Township Affordable Housing Liaison (Housing Liaison). The maximum amount of any loan shall be $15,000, and the availability of funding is contingent upon the sufficiency of funds in the Township's Housing Trust Fund. Approval of a loan shall be as documented in a resolution adopted by the Township Council of the Township of Evesham in a form substantially similar to Appendix A[1] hereto. Funding of the loan program shall automatically cease should prior loans that have been made reach the amount reserved to fund the program in the Township's COAH-approved trust account spending plan. A copy of the loan application is attached as Appendix B[2] and can be obtained by applicants from the Housing Liaison or may be downloaded from the Evesham Township website. The Housing Liaison maintains an office in the Evesham Township Municipal Building, 984 Tuckerton Road, Marlton, NJ 08053 [(856) 983-2914] and may be reached during regular business hours.
[1]
Editor's Note: Appendix A is on file in the Township offices.
[2]
Editor's Note: Appendix B is on file in the Township offices.
B. 
The loan shall be documented and secured by the recipient's execution and delivery of the following documents:
(1) 
Down payment assistance program repayment agreement – Appendix C[3] hereto;
[3]
Editor's Note: Appendix C is on file in the Township offices.
(2) 
Down payment assistance recapture mortgage note – Appendix D[4] hereto;
[4]
Editor's Note: Appendix D is on file in the Township offices.
(3) 
Down payment assistance mortgage – Appendix E[5] hereto.
[5]
Editor's Note: Appendix E is on file in the Township offices.
C. 
The contents and terms, conditions and obligations of all appendix exhibits are incorporated by reference herein as if set forth herein at length.
D. 
Qualification and eligibility for this program:
(1) 
Individuals/households must make an application with the Housing Liaison and be pre-certified, meaning that the applicant demonstrates to the reasonable satisfaction of the Housing Liaison that there is a very high likelihood that with the receipt of the loan provided herein the applicant will be able to pay all of the required expenses related to owning his/her affordable home.
(2) 
In order to ensure that interested affordable housing homebuyers are able to demonstrate that they possess the required deposit prior to executing an agreement to purchase an affordable unit, interested applicants may submit loan applications prior to searching for a home.
(3) 
Qualified individuals/households must have incomes not exceeding low or moderate income guidelines as applicable for Burlington County per the New Jersey Fair Housing Act as periodically published and updated by the New Jersey Department of Community Affairs.
(4) 
The home that is being purchased must be an affordable unit that is being marketed for sale by the Township's administrative agent. Applicants must contact the administrative agent to ascertain the location and cost of all affordable units that are currently on the market. Applicants may do so prior to securing written confirmation from the Township that a down payment assistance loan will be made available to them.
(5) 
The home/unit to be purchased must meet HUD housing quality standards as documented in a HUD-compliant home inspection report.
(6) 
Applicants must be deemed creditworthy by the Housing Liaison, and the amount of the principal of the first purchase money mortgage must not exceed three times the applicant's gross annual income. By submitting a loan application, applicants automatically consent to allowing the Housing Liaison to run a credit report and secure employment verification. Applicants are responsible for paying for the credit report.
(7) 
The down payment assistance mortgage is a second mortgage that is subordinate to the first purchase money mortgage that the purchaser will apply for and secure. In no event may the combined amounts of both mortgages exceed the maximum amount of mortgage indebtedness allowed for affordable units under UHAC or COAH regulations.
(8) 
All loan recipients must occupy the property as their principal residence and own no other real estate.
(9) 
All loan recipients, at their cost and expense, must attend a pre-purchase homebuyer education class administered by a HUD-certified housing counseling agency prior to closing on an affordable housing unit. The Housing Liaison will supply applicants with a list of HUD-certified counseling agencies in the area, and applicants may select the counseling agency that they wish to use. A certificate of completion from the HUD-certified housing counseling agency must be presented to the Housing Liaison before funds will be provided for down payment assistance.
(10) 
If the Township Council determines that an applicant qualifies for the loan of $15,000, the Township Council will adopt a resolution in the form of Appendix A[6], which will be supplied by the Housing Liaison to the administrative agent as evidence that the deposit is available when a contract of sale is signed.
[6]
Editor's Note: Appendix A is on file in the Township offices.
(11) 
If awarded a loan, the funds will be made available by the Township at closing to the appropriate title company and/or attorney trust account.
(12) 
The Township's affordable housing administrative agent handles and administers the sale and purchase of affordable housing units in Evesham. The loan award will expire if the applicant does not execute an agreement to purchase an affordable unit within six months of the date of the resolution confirming the loan award and will expire immediately if the administrative agent determines that the applicant fails to qualify to purchase the affordable unit under applicable governmental regulations or due to inability to secure first purchase money mortgage financing.
(13) 
Individuals and/or households purchasing affordable homes shall only be permitted to receive one down payment assistance loan. A down payment assistance loan through the Evesham program is not available to individuals and/or households that have been awarded down payment and/or closing cost assistance grants/loans from any other governmental sources, including, but not limited to, Burlington County's first-time homebuyer program.