[HISTORY: Adopted by the Township Council
of the Township of Evesham 7-18-2000 by Ord. No. 6-3-2000. Amendments noted
where applicable.]
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.
(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.
(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]
(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.
(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.
(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.
(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:
(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:
A.
Definitions. For the purposes of this § 161-2, certain words and phrases are defined as follows:
- AFFORDABLE DWELLING UNIT
- A low- or moderate-priced dwelling unit as defined herein.
- AFFORDABLE RENTAL CHARGES
- A monthly rent excluding utilities charged to an eligible low- or moderate-income family which shall not exceed 30% of their monthly gross income.
- AFFORDABLE SALES PRICE
- A sales price to an eligible low- or moderate-income family which does not require the family to spend more than 28% of monthly gross family income toward total monthly housing costs for sales units.
- APPLICANT
- A family which applies for certification as a qualified purchaser or renter for a specific unit.
- APPLICATION FOR INITIAL PURCHASER OR RENTER
- The form provided by the management of the affordable housing development to be filled out by applicants who wish to be certified by the office as eligible families.
- APPLICATION FOR RESALE OR RERENT
- The form provided by the office to be filled out by applicants who wish to be certified as eligible and placed on the waiting list for the size of unit desired.
- APPROVED IMPROVEMENTS
- Those improvements made by the initial or subsequent owner with the approval of the office.
- CERTIFICATION
- The approval by the office of an applicant as an eligible purchaser or renter for a low- or moderate-income unit.
- COAH
- The New Jersey Council on Affordable Housing.
- ELIGIBLE LOW- OR MODERATE-INCOME FAMILY
- A family consisting of one or more persons living together as a housekeeping unit whose gross aggregate family income does not exceed the limits established in this section.
- GROSS AGGREGATE INCOME
- The total income from all sources of all members of the household or family, as determined and adjusted in accordance with the rules and regulations set forth by the office. Consideration shall also be given to assets for which inadequate or no income is shown as the office deems appropriate based upon the U.S. Department of Housing and Urban Development (HUD) guidelines regarding assets for the Section 8 or any successor program.
- HUD
- The U.S. Department of Housing and Urban Development.
- INCLUSIONARY DEVELOPMENT
- A residential housing development in which at least 20% of the housing units in the development are provided for low- and moderate-income households.
- INCOME CEILING ON LOW- OR MODERATE-INCOME LEVELS
- Up to 50% of the median regional income for low-income; and up to 80% of the median regional income for moderate-income as established by HUD Burlington County, New Jersey PMSA, with adjustments as established by HUD for families of different sizes.
- INITIAL PURCHASER OR RENTER
- The first eligible low- or moderate-income family to occupy an affordable dwelling unit.
- LOW- AND MODERATE-PRICED DWELLING UNITS
- Rental or sales dwelling units approved or constructed pursuant to the municipal ordinances to provide housing for families of low or moderate income as defined in this section.
- MEDIAN INCOME
- Refers to the average annual median family income for the PMSA for Burlington County, New Jersey, as computed, published and adjusted for household size by HUD of such successor amount as shall be prepared and so adjusted by an entity or entities of the federal government, or such area or such amount that may be accepted pursuant to order by COAH for the purpose of establishing median family income to determine housing price levels.
- OFFICE
- The office of housing and redevelopment of the municipality.
- OWNER
- The family holding title to a dwelling unit in the case of a sales unit, or the developer or subsequent acquirer of the development in the case of rental dwelling units.
- QUALIFIED PURCHASER OR RENTER
- Refers to a person:
- (1) Who submits an application for certification as a qualified purchaser or renter to the management of the unit which that person wishes to purchase or rent;
- (2) Whose gross aggregate family income at the time of the proposed purchase or rental of an affordable unit is within low- or moderate-income levels, as defined herein; and
- (3) Who obtains certification as a qualified purchaser or renter of an affordable unit from the office as set forth in this section.
- RESTRICTION
- Those restrictions on sale, resale, rental, or rerental of housing units whether through this section or through deed.
- SUBSEQUENT PURCHASER or SUBSEQUENT RENTER
- Each and every purchaser or renter after the initial purchaser or renter of an affordable unit.
- TOTAL MONTHLY HOUSING COSTS FOR RENTAL UNITS
- Total rent paid excluding utilities.
- TOTAL MONTHLY HOUSING COSTS FOR SALES UNITS
- The total of the following monthly payments associated with the cost of the housing mortgage payment (principal, interest, private mortgage insurance), together with applicable assessments by homeowner associations; real estate taxes, and fire, theft and liability insurance.
- UNIT DISTRIBUTION
- The distribution of efficiency, one-bedroom, two-bedroom and three-or-more-bedroom units.
- UTILITIES
- Electric, gas, and heat and shall exclude water, sewer, common electricity, garbage collection, telephone and cable television.
- WAITING LIST
- The list of eligible families who were unable to purchase or rent a unit at initial sale or rental and are waiting to purchase or rent a unit as such units become available.
B.
Selection process.
(1)
Eligibility requirements. Prospective purchasers or renters must be eligible low- or moderate-income families as defined under § 161-2A.
(2)
Priority. Priority shall be given to those households
who live and work in New Jersey on a regional basis as designated
by COAH. In this case, the Township of Evesham, Burlington County,
is located within COAH's Housing Region V, which includes Camden,
Burlington, Gloucester and Mercer Counties.
(3)
Waiting list. At the time when all units in any category
(e.g., efficiency, one- or two- or three-bedroom units for low- or
moderate-income families) have been sold or rented, the office will
establish a waiting list for the purchase or rental as the units become
available in the future. The families on the waiting list will be
ranked according to the same priority ranking standards as set forth
for the initial selection of sale or rental units.
(4)
Recertification. The director of the office shall
submit policy and procedure changes to the governing body, including
procedures on recertification of families on the waiting list, to
ensure the list remains current and families on the list are qualified
for the units for which they applied.
C.
Guidelines.
(1)
Application procedure: initial sales and initial rental.
The developer will provide applicants with application forms approved
by the office. Applicants will return the completed forms to the developer
for the units desired. Forms must be filled out completely. Knowingly
or intentionally making any false statements in a form shall be grounds
for disqualifying an applicant, even if the applicant otherwise meets
the requirements of this section. Those applicants who, after the
necessary income and other checks by the developer, are found to meet
the criteria will, prior to the sale or rental of the unit, have their
applications and completed authorization to release financial information
form, where applicable, sent by the developer to the office for certification.
Those applicants who do not meet the criteria, have not submitted
a completed application, or for whom no unit is available will be
so notified by the developer. Copies of these notifications will be
sent to the office. Those applicants who meet the criteria but for
whom there is no unit available will be contacted by the office to
determine if they wish to be placed on the eligible waiting list.
The developer will upon request of the office make all applications
and inquiries available for review by the office.
(2)
Application procedure: resale and rerental. Applicants
will pick up forms from the office. Applicants will return the completed
forms for the units desired to the office for review to determine
eligibility based on the criteria and priorities set forth by the
COAH and this section. Applicants will be notified as to their eligibility
and/or placement on the waiting list. Forms must be filled out completely.
Knowingly or intentionally making any false statement in a form shall
be grounds for disqualifying an applicant, even if the applicant otherwise
meets the requirements of this section.
D.
Restrictions.
(1)
Initial or subsequent owners of affordable housing
units must maintain the unit as their prime residence. In addition,
they may not lease their units.
(2)
Initial or subsequent renters of affordable housing
units must maintain the units as their prime residence. In addition,
they may not sublet their units.
E.
Affordable sales price.
(1)
The preliminary affordable sales price shall be determined
such that the sum of the monthly payments for principal, interest,
mortgage insurance, real estate taxes, fire, theft and liability insurance
and homeowners' association fees, if any, does not exceed 28% of the
maximum income for low-income or moderate-income families as set forth
in the rules and regulations of the COAH.
(2)
The following assumptions shall be made:
(a)
A 10% down payment requirement and a thirty-year
mortgage term with a fixed interest rate shall be assumed in making
this application.
(b)
In calculating the monthly interest payment,
the interest rate provided by the developer and approved by the office
shall be utilized. All interest rates or permanent financing proposals,
including points, application fees, origination fees, mortgage insurance,
other fees and the assurance that such mortgages are available, will
be submitted to the office by the developer at least 30 days prior
to the advertising of the units and review by the office. The office
will, in writing, disapprove or make recommendations to the developer
regarding modifying the proposals.
(3)
The final sales price of units designated for low-income
families shall be set by the office in compliance with the pricing
stratification rules and regulations of the COAH, in order to assure
that the unit is affordable to a range of families whose income is
less than the low-income ceiling. The final sales price assumes a
family of one for an efficiency unit, a family of two for a one-bedroom
unit, a family of three for a two-bedroom unit, a family of five for
a three-bedroom unit and a family of six for larger units.
(4)
The final sales price for units designated for moderate-income
families shall be set by the office in compliance with the pricing
stratification rules and regulations of the COAH in order to assure
that the unit is affordable to a range of families whose income is
less than the moderate-income ceiling. The final sales price assumes
a family of one for an efficiency unit, a family of two for a one-bedroom
unit, a family of three for a two-bedroom unit, a family of five for
a three-bedroom unit and a family of six for larger units.
(5)
Developers of affordable sales units may sell their
units only to families qualifying as low- or moderate-income as the
applicable case may be.
(6)
No new affordable sales unit may be sold to the first
owner for a price higher than the maximum sales price as set by the
office in accordance with the pricing stratification rules and regulations
of the COAH.
F.
Affordable rental charges. The following procedure
shall apply to determine affordable rental charges upon rental of
an affordable rental unit:
(1)
A preliminary rental charge shall be calculated such
that the sum of the monthly rental payment, excluding utilities, does
not exceed 30% of the low- or moderate-income ceiling.
(2)
If the cost of utilities is included by the developer
in the monthly rental charge, an estimated monthly cost for the utilities
included in the rent shall be calculated by the office for each unit
type using HUD Section 8 guidelines or successors thereto. This estimated
charge will be added to the average rent to determine the maximum
rental charge that may be imposed for each low- and moderate-income
unit.
(3)
The average rental charge to a low-income family shall
be 90% of the preliminary rental charge, plus the cost of utilities
included in the rent, in order to assure that the unit is affordable
to a range of families whose income is less than the low-income ceiling.
The preliminary and average rental price assumes a family of one for
an efficiency unit, a family of two for a one-bedroom unit, a family
of three for a two-bedroom unit, a family of five for a three-bedroom
unit and a family of six for larger units.
(4)
The average rental charge to a moderate-income family
shall be 90% of the preliminary rental charge, plus the cost of utilities
included in the rent, in order to assure a reasonable income distribution
of moderate-income families. The preliminary rental charge assumes
a family of one for an efficiency unit, a family of two for a one-bedroom
unit, a family of three for a two-bedroom unit, a family of five for
a three-bedroom unit and a family of six for larger units.
(5)
Annual rent increases for low- and moderate-income
rental units shall not exceed the average interest increases in median
income for the Burlington County PMSA as established by HUD. There
shall be no more than one rental increase per annum. Rental charges
shall not be increased without the prior written approval of the office.
This approval shall be granted by the prior written approval of the
office. This approval shall be granted by the office if the average
HUD median-income levels are not being exceeded.
(6)
Developers and owners of affordable rental units may
rent their units only to families qualifying as low- or moderate-income
as the applicable case may be except as may be permitted otherwise
in this section.
(7)
No unit may be rented to the first occupant at a rental
charge higher than the average rental price, plus utilities included
in the rent.
G.
Preliminary and final prices.
(1)
For the purpose of determining maximum sales prices and preliminary and average rental charges, Tables 1 through 4 included at the end of this § 161-2 may be used as a guide.
(a)
Table 1 contains the maximum affordable sales
prices for low-income condominium ownership.
(b)
Table 2 contains the maximum affordable sales
prices for moderate-income condominium ownership.
(c)
Table 3 contains the preliminary and average
affordable rental charges excluding utilities for low-income units.
(d)
Table 4 contains the preliminary and average
affordable rental charges excluding utilities for moderate-income
units.
(2)
The following assumptions were made in preparing the
sales table:
(a)
A 10% down payment and a mortgage with a fixed
interest rate, thirty-year term.
(b)
The property tax rate of $5.65 per $100 assessed
value. Assessed value was determined by taking 41.24% of the purchase
price.
(c)
Fire and theft insurance for personal property
and liability insurance was estimated to be $120 per annum.
(d)
Condominium fee of $396 per annum. This includes
fire insurance for the unit.
(e)
Developers shall submit to the office the various
sales prices as set by the COAH housing pricing stratification rules
and regulations and/or preliminary rental and average rental charges
for all affordable dwelling units within 30 days prior to the advertisement
of the availability of affordable housing units. Included in the submission
for sales units shall be the appropriate documentation regarding down
payment, mortgage term, mortgage interest rate approved by the office,
property tax rate per $100 assessed valuation, points, and origination
fees, other fees, property taxes, fire, theft, liability insurance
and condominium fees if applicable. For affordable rental units, the
submission shall include the preliminary rent excluding utilities,
utility costs included in rental payments and the average rent. The
office shall approve or modify the average sales price and/or average
rental cost within 15 working days from receipt of the sales or rental
submission.
H.
Resale or rerental.
(1)
Resale and rerental restrictions shall be included
in the deed for each affordable housing unit. Such restrictions shall
run with the land and the subject unit, and the restrictions as set
forth in this section may not be terminated for a period of 20 years.
(2)
Owners of low- or moderate-priced sales units may sell their units only at or below the maximum resale price as calculated herein. Owners of low- or moderate-rental units shall, upon rerental, rent their units as per § 161-2E(6). Affordable dwelling units may be resold or rerented only to families qualifying as low- and moderate-income, as the case may be, except as set forth in this section. Owners of affordable units being offered for resale or rerental shall notify the office, in writing, indicating the type of unit available. The office, through its waiting list, shall provide the owner with a listing of eligible purchasers or renters.
(3)
The owner will contact the eligible purchaser(s) or
renter(s) to examine the unit. For resale units, prior to the viewing
of the unit, the office will have the municipal housing inspector
inspect the unit for code violations.
(4)
The owner of an owner-occupied affordable housing
unit for sale shall not sell the unit at a resale price greater than
an established base price plus the allowable percentage of increase
as determined by the Index applicable to the municipality in which
the unit is located. However, in no event shall the approved resale
price be established at a lower level than the last recorded purchase
price.
(5)
The owner shall not sell the affordable housing unit
to anyone other than a purchaser who has been certified utilizing
the income verification procedures established by the office to determine
qualified low- and moderate-income-eligible households.
(6)
An owner wishing to enter a transaction that will
terminate controls as specified shall be obligated to provide a notice
of intent to sell to the office and COAH. An option to buy the unit
at the maximum restricted sales price as calculated by the Index shall
be made available to Evesham Township, the office, or a qualified
nonprofit organization as determined by COAH for a period of 90 days
from the date of delivery of the notice of intent to sell. The option
to buy shall be by certified mail and shall be effective on the date
of mailing to the owner.
(a)
If the option to buy is not exercised within 90 days pursuant to Subsection H(6) above, the owner may elect to sell the unit to a certified income-eligible household at the maximum restricted sales price as calculated by the Index, provided the unit continues to be restricted by an affordable housing agreement and a repayment note for a period of up to 30 years.
(b)
Alternately, the owner may also elect to sell
to any purchaser at a fair market price. In this event, the owner
shall be obligated to pay Evesham Township 95% of the price differential
generated at the time of closing and transfer of title of the affordable
housing unit after restrictions have ended as specified herein.
(c)
If the owner does not sell the unit within one
year of the date of delivery of the notice of intent to sell, the
option to buy shall be restored to Evesham Township and subsequently
to the office or a nonprofit entity approved by COAH. The owner shall
then be required to submit a new notice of intent to sell the affordable
unit to the office.
(7)
The affordable housing unit shall be sold in accordance
with all rules regulations and requirements duly promulgated by COAH
(N.J.A.C. 5:93), the intent of which is to ensure that the affordable
housing unit remains affordable to and occupied by low- and moderate-income-eligible
households.
I.
Calculation of the maximum resale price.
(1)
The maximum resale price shall equal the established
base price; plus
(2)
The allowable percentage of increase determined by
the Index applicable to Evesham Township; plus
(3)
The value of the approved improvements; plus
(4)
The cost of sale;
(5)
Minus cost of repairs.
|
The calculation of the maximum resale price
is as follows:
| ||
|
Established base price plus the allowable percentage
of increase determined by the Index
| ||
|
+ improvements + costs of sales - costs of repairs
= maximum resale price.
| ||
J.
Value of improvements. The value, if any, of any improvement
to the premises which is made by an owner during such owner's period
of ownership shall be included in the maximum resale price only if
such improvements were required to maintain the habitability of the
dwelling unit or required by a private mortgagee as a condition of
closing and also were approved by the office either at closing of
the resale, or prior thereto. Examples of such improvements would
include but not be limited to repairs to walls or defective lighting
fixtures; examples of excluded improvements would include but not
be limited to installation of fireplaces, replacement of functioning
lighting fixtures with improved ones. However, the entire cost of
any municipal special assessment shall be included in the maximum
resale price.
K.
Inspection; repairs (resales).
(1)
The municipal housing inspector shall inspect the
available affordable resale unit for code violation(s). The housing
inspector shall submit in writing to the owner and the office a listing
of the violation(s). The estimated cost of the repairs not completed
by the owner prior to resale shall be deducted from the resale price.
(2)
The cost of repairs not undertaken by the owner will
be determined by estimator(s) and/or contractor(s) supplied by the
office.
L.
Cost of resale. The costs of resale of the premises
shall include the following:
(1)
Realty transfer fee. The full amount of the realty
transfer fee on the sale shall be included in the maximum resale price
of the sale unit.
(2)
Attorney's fees. Reasonable attorney's fees shall
be included in the maximum resale price.
(3)
Broker's fee. Reasonable licensed real estate broker's
fees or commissions shall be included in the maximum resale price
only if those on the eligible waiting list are not willing to purchase
the unit, or the office is unable to supply a purchaser. Prior to
an owner of an affordable unit making an agreement with a broker,
the written approval of the office is necessary. The office will not
approve use of a broker, unless a written application to the office
has been made.
(4)
Other costs and fees. Other costs and fees not specified
above which the owner has specified by special affidavit as being
essential to the completion of a resale. This category is limited
to costs and fees incurred during the closing transaction for services
or fees rendered at the closing and shall not include inspections,
repairs, maintenance or other costs which deal with or arise out of
the condition of the premises, unless they are approved pursuant to
this section.
M.
Exemptions.
(1)
Low-income units. The office shall, under the following
circumstances, declare the resale or rerental of a low-income-priced
dwelling unit to be exempt from the restriction of resale or rerental
only to a qualified low-income family. If no low-income-qualified
purchaser or renter of a low-income unit has signed a contract to
purchase or to rent a particular low-income unit until within 60 days
after the date upon which the owner of the low-income unit notifies
the office that the low-income unit is on the market available for
resale or rerental, the office shall, if thereafter requested in writing
by the owner, declare the resale or rerental of the low-income unit
to a low-income family exempt and shall permit the resale or rerental
to a moderate-income family; provided, however, any subsequent resale
or rerental of this low-income unit under this section shall remain
subject to the low-income maximum resale price or rerental and other
restrictions set forth in this section as well as the obligation of
the unit owner to obtain prior approval of the resale or rerental
from the office.
(2)
Moderate-income units. The office shall, under certain
circumstances, declare the resale or rerental of a moderate-income
unit to be exempt from the restriction of resale or rerental to a
moderate-income family. If no moderate-income family has signed a
contract to purchase or rent a moderate-income unit until within 60
days of the date upon which the owner of the moderate-income unit
notifies the office that the moderate-income unit is on the market
available for resale or rerental, the office shall, if thereafter
requested in writing by the owner, declare the resale or rerental
of a moderate-income unit exempt from the restrictions of resale or
rerental of the moderate-income unit to a moderate-income family and
permit the resale or rerental to a non-moderate-income family; provided,
however, any subsequent resale or rerental of this moderate-income
unit under this section shall remain subject to all maximum resale
price or rental and other restrictions set forth in these regulations
as well as the obligation of the unit owner to obtain prior approval
of the resale or rerental from the office.
(3)
Approvals. The office shall not approve any exemption,
unless written application has been made to the office. To obtain
approval for any exemption from low- or moderate-income restrictions,
the applicant must describe in the application the efforts made to
resell or rerent the unit. The office may deny the exemption if it
is not reasonably satisfied that sufficient good faith efforts have
been made to effectuate the resale or rerental of the unit.
N.
Exempt transactions. The following transactions shall
be deemed "nonsales" for purposes of these regulations, and the owner
receiving title by virtue of any of the following transactions shall
be entitled to receive from the office and the office shall issue
a statement of exemption to the owner receiving title by virtue of
any of the following transactions:
(1)
Transfer of ownership of an affordable sales unit
between husband and wife;
(2)
Transfer of ownership of an affordable sales unit
between former spouses ordered as a result of a judicial decree of
divorce (and not including sales to third parties);
(3)
Transfer of ownership of an affordable unit between
family members as a result of inheritance;
(4)
Transfer of ownership of an affordable unit through
an executor's deed to any person;
(5)
Transfer pursuant to foreclosure proceeding or a proceeding
in lieu of foreclosure:
(a)
A judgment of foreclosure by a first money mortgagee on an affordable
housing unit shall not take place until all remedies set forth in
the Affordable Housing Agreement have been exhausted. The affordability
controls on any restricted sales or rental unit shall remain in effect
despite the entry and enforcement of any judgment of foreclosure pursuant
to the provisions of N.J.A.C. 5:80-26.1, 5:80-26.5(e) and 5:80-26.11(d).
[Amended 6-16-2015 by Ord. No. 19-6-2015]
(b)
In lieu of the default on resale restrictions,
the Township may exercise an option to purchase the unit at an approved
price and holding, renting or conveying it to a certified household
if such right is exercised prior to a judgment of foreclosure.
(c)
In the event of a foreclosure sale by the first
purchase money mortgagee, any surplus funds exceeding the maximum
allowable resale price as calculated using the approved Index, the
amount required to pay and satisfy the first purchase money mortgage,
including the costs of foreclosure and any second mortgages approved
by the New Jersey Department of Community Affairs, shall be paid to
the Department or office as reimbursement for any funding invested
in the unit. Any remaining funds in excess of outstanding grants or
loans will be returned to the Township.[1]
[1]
Editor’s Note: Former Subsection N(5)(d) and (e), concerning
the loss of a unit from the affordable housing inventory as a result
of foreclosure and that rental units will not be lost to said inventory,
respectively, which immediately followed this subsection, was repealed
6-16-2015 by Ord. No. 19-6-2015.
O.
Violations of these regulations.
(1)
The interest of any owner of a sales unit or renter
of a rental unit may, at the option of the office, be subject to forfeiture
in the event of substantial breach of any of the terms, restrictions
and provisions of these regulations which remain uncured for a period
of 60 days after service of a written notice of violation upon the
sales unit owner or renter by the office. The notice of violation
shall specify the particular infraction and shall advise the sales
unit owner or renter that his or her interest may be subject to forfeiture
if such infraction is not cured within 60 days of receipt of the notice.
The provisions of this section may be enforced by the office by court
action seeking a judgment which would result in the termination of
the owner's equity and other interests in the unit. Renters will be
subject to eviction.
(2)
These remedies are in addition to any other provided
by law, or in a mortgage, condominium deed, lease, or other applicable
document.
P.
Housing marketing plan. The developer, for the initial
sales or rentals, and the office for resales or rerentals, will develop
and implement a housing marketing plan for dwelling units covered
by this section and the COAH rules and regulations. At a minimum the
availability of housing low- and moderate-income families shall be
made known to a variety of public and private groups and shall be
advertised in appropriate ways throughout the municipality's housing
region. All advertisements shall conform to applicable state and federal
fair housing laws. The developer will submit the marketing plan to
the office at least 45 days prior to the advertising of the availability
of the units. The office will approve or modify the plan within 30
working days of receipt of the plan.
Q.
Unit distribution. With the exception of senior citizen
(age 55 or over for at least one inhabitant) developments, the following
is the bedroom distribution for the affordable units in a new construction
inclusionary development:
(1)
At a minimum, 15% of all low- and moderate-income
units shall be one-bedroom units; and
(2)
At a minimum, 35% of all low- and moderate-income
units shall be two-bedroom units; and
(3)
At a minimum, 15% of all low- and moderate-income
units shall be three-bedroom units; and
(4)
No more than 10% of all low- and moderate-income units
may be efficiency units.
R.
Scope. This section shall apply to all developments
which are required by the Land Use Legislative Ordinances to provide
low- and moderate-income housing.
S.
Penalties.
(1)
Any person or party found violating this section shall
be punished by a fine not exceeding $1,000, or by imprisonment for
a period not exceeding 90, or by both such fine and imprisonment.
(2)
Persons or parties found guilty of violating § 161-2D herein are subject to the following penalties:
(a)
A fine in the amount of $1,000.
(b)
In addition to the fine above, the court may,
in its discretion, impose additional fines equaling double the amount
of rent received by a person or party.
(c)
Imprisonment for a period not exceeding 90 days,
or by both such fines as listed above, and imprisonment or a period
of community service not exceeding 90 days.
|
Table 1
Low-Income Sales
| ||||
|---|---|---|---|---|
|
Units
|
Efficiency
|
One-
Bedroom
|
Two-
Bedroom
|
Three-
Bedroom
|
|
Persons
|
1
|
2
|
3
|
5
|
|
Interest Rate
|
Maximum Sales Price
|
Maximum Sales Price
|
Maximum Sales Price
|
Maximum Sales Price
|
|
9%
|
$25,200
|
$29,600
|
$33,800
|
$41,500
|
|
10%
|
$23,600
|
$27,500
|
$31,500
|
$38,800
|
|
11%
|
$22,100
|
$25,800
|
$29,600
|
$36,400
|
|
12%
|
$20,700
|
$24,300
|
$27,800
|
$34,100
|
|
Table 2
Moderate-Income Sales
| ||||
|---|---|---|---|---|
|
Units
|
Efficiency
|
One-
Bedroom
|
Two-
Bedroom
|
Three-
Bedroom
|
|
Persons
|
1
|
2
|
3
|
5
|
|
Interest Rate
|
Maximum Sales Price
|
Maximum Sales Price
|
Maximum Sales Price
|
Maximum Sales Price
|
|
9%
|
$43,200
|
$50,200
|
$56,900
|
$68,000
|
|
10%
|
$40,300
|
$46,800
|
$53,100
|
$63,600
|
|
11%
|
$37,700
|
$43,800
|
$49,800
|
$59,500
|
|
12%
|
$35,400
|
$41,200
|
$46,800
|
$56,000
|
|
Table 3
Low-Income Rentals
| ||||
|
Unit Type
|
Efficiency
|
One-
Bedroom
|
Two-
Bedroom
|
Three-
Bedroom
|
|
Family Size
|
1
|
2
|
3
|
5
|
|
Preliminary rent (excluding utilities)
|
$296
|
$338
|
$381
|
$452
|
|
Average rent (excluding utilities)
|
$266
|
$304
|
$343
|
$411
|
|
Table 4
Moderate-Income Rentals
| ||||
|
Unit Type
|
Efficiency
|
One-
Bedroom
|
Two-
Bedroom
|
Three-
Bedroom
|
|
Family Size
|
1
|
2
|
3
|
5
|
|
Preliminary rent (excluding utilities)
|
$474
|
$542
|
$610
|
$720
|
|
Average rent (excluding utilities)
|
$427
|
$487
|
$549
|
$648
|
|
The foregoing tables shall be updated
by the office to reflect the changes in the median income as published
by HUD, mortgage interest rates and other costs, and shall be used
by the office and developer as a guide for determining maximum affordable
sales prices and rental charges. Actual prices of units shall be based
on the COAH price stratification rules and regulations.
|
[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.
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;
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.
B.
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.
