The office of Zoning Officer is hereby created. It shall be the duty of the Zoning Officer to enforce this chapter in accordance with the provisions of this chapter and Chapter 33, Land Use Procedures. Pursuant to that duty, he or she shall investigate any violation or alleged violation of this chapter coming to his or her attention. All applications to the Construction Official for building permits shall be examined by the Zoning Officer as to compliance with this chapter and all such permits shall be signed by the Zoning Officer as well as the Construction Official. The Zoning Officer shall required two sealed plot plans with an embossed seal prepared by a New Jersey licensed professional engineer, land surveyor or architect drawn to scale and showing the size and location of all existing and proposed buildings, structures and other facilities, sufficient to enable him or her to determine whether all zoning requirements are met. The requirement for sealed plot plans may be waived for additions, alterations or accessory structures to existing single-family dwellings and a sketch prepared by the owner or applicant, accepted in lieu thereof. Where there is a question as to the size, location or other zoning requirement, he or she may require a sealed location survey. In the event of any material deviation from the approved application, plot plan or building plans, the Zoning Officer may stop construction by posting a stop-work notice at the building site. The Zoning Officer and the Construction Official, and either of them, shall have the right to enter any building or premises during the daytime in the course of duty after proper notification to the property owner or occupant of the property.
A.
Office created. The office of Assistant Zoning Officer
is hereby created in and for the Township of Hardyston. Initially
the secretary of the Planning Board shall be the Assistant Zoning
Officer and shall serve in office at the discretion of the Township
Council.
B.
Compensation. The Assistant Zoning Officer shall not
receive any additional compensation other than the compensation fixed
for the secretary of the Planning Board or as otherwise may be provided
by law.
C.
Duties. It shall be the duty of the Assistant Zoning
Officer under the supervision and control of the Zoning Officer and
to the extent not prohibited by law to perform all the duties of the
Zoning Officer in the absence of the Zoning Officer or at such other
times as may be permitted by law or as directed by the Manager and
Township Council.
D.
Other officials and board unaffected. Nothing herein
contained shall derogate from the powers and duties of the elective,
appointive or other officials of the Township or the boards and commissions
thereof established pursuant to law, nor shall the rights and tenure
of any elected official be affected.
A.
A zoning permit shall be required in the following
instances:
(1)
Before using or allowing the use of any structure,
building or land or part thereof hereinafter created, erected, changed,
converted or enlarged, wholly or partly.
(2)
Before changing the use of any building, property
or part thereof or allowing a change of use of any building, property
or part thereof.
B.
A zoning permit shall show that every building or
premises or part thereof and the proposed use thereof are in conformity
with the provisions of this chapter or in conformity with the provisions
of a variance granted according to law.
C.
All zoning permits shall be issued in triplicate and
one copy shall be posted conspicuously on the premises affected whenever
construction work is being performed thereon. No owner, contractor,
workman or other persons shall perform any building operations of
any kind unless the zoning permit covering such operation has been
previously issued. Furthermore, no building operations of any kind
shall be performed after notification of the revocation of said zoning
permit. Every zoning permit for a residence or residential dwelling
unit shall set forth the maximum occupancy of said residence or dwelling
unit as determined from Schedule II annexed to this chapter.[1]
[1]
Editor's Note: Said schedule is included at
the end of this chapter.
D.
A record shall be kept of all zoning permits issued
and the original applications therefor shall be kept on file in the
same manner as applications for building permits. No owner, tenant
or other persons shall use or occupy any building or structure thereafter
erected or altered, the use of which shall be changed after passage
of this chapter, without first obtaining a zoning permit.
E.
A zoning permit, unless revoked, shall continue in
effect so long as there is no change of use of the premises.
F.
The Zoning Officer shall act upon all such applications
within 15 days after receipt of a fully filled-in application or shall
notify the applicant, in writing, of his or her refusal to issue such
permit and the reasons therefor.
G.
Failure to notify the applicant in case of such refusal
within said 15 days shall entitle the applicant for a zoning permit
to file an appeal to the Zoning Board of Adjustment as in the case
of a denial.
H.
The Zoning Officer may waive plans on minor alterations
not affecting structural change.
J.
If it shall appear at any time to the Zoning Officer
that the application or accompanying plans is in any material respect
false or misleading or that the work being done upon the premises
is materially different from that called for in the application previously
filed with him or her or may be in violation of any provision of this
chapter or that the conditions imposed by either the Planning Board
or Board of Adjustment are not being met within the time or in the
manner required by the approving authority, he or she may forthwith
revoke the zoning permit.
K.
Within six months from the effective date of this
chapter or within six months from the effective date of any subsequent
amendment to the Zoning Ordinance of the Township of Hardyston the
effect of which is to make certain uses nonconforming, the owner of
the property upon which any such nonconforming use exists may apply
for and obtain at no charge a zoning permit certifying the extent
and kind of use and specifying the nonconformity in detail. After
the expiration of any such six-month period, a zoning permit may be
issued for a nonconforming use only by the Zoning Board of Adjustment
after a hearing held on notice to all persons entitled thereto.
It shall be unlawful for an owner to use or
permit the use of any building or part thereof hereafter erected,
altered, converted or enlarged, wholly or in part, until a certificate
of occupancy shall have been issued by the Construction Official.
Recognizing, in certain instances, for the necessity
of certain temporary uses, the Board of Adjustment, after hearing,
may authorize temporary use permits pursuant to the authority of N.J.S.A.
40:55D-70, Subdivision b.
A.
Such permits may be issued for a period not to exceed
one year and, on further application to the Board of Adjustment, may
be extended, for good cause shown, for an additional period not to
exceed one year. Thereafter, such temporary use permit shall expire
and the use so permitted shall be abated. Any structures erected in
connection therewith shall be removed. Where it deems appropriate,
the Board of Adjustment may require such guaranties as it deems sufficient
to cause such abatement and/or removal.
B.
Where a building permit has been issued, a temporary
certificate of occupancy for a dwelling house may be granted to a
developer to permit such dwelling house to be used, temporarily, as
a sales and management office for the sale of those homes within a
subdivision, provided that all of the following requirements are met:
(1)
The house to be used as such office is built upon
a lot approved as part of a subdivision that has been approved by
the Planning Board.
(2)
The house is of substantially the same quality of
construction as those homes to be sold within the subdivision.
(3)
No other business than that which is accessory to
the management and the sale of lands owned by the developer shall
be permitted.
(4)
The dwelling house shall meet all other requirements
of the zone district in which it is located.
C.
Where a building permit has been issued, the Board
of Adjustment may grant a temporary use permit for a nonconforming
use incidental to construction projects on the same premises such
as the storage of building supplies and machinery and/or the assembly
of building materials. For example, but not by way of limitation,
such temporary use permit may be issued to permit the parking of a
construction trailer on such a site.
D.
The Board of Adjustment may grant a temporary use
permit for the erection and maintenance of temporary structures or
buildings for the conduct of permitted uses where such permitted uses
have been interrupted by reason of fire or other casualty. Such temporary
use permit shall expire at the time the necessary repair or reconstruction
of the permanent structures or buildings has been accomplished or
within one year, whichever occurs first.
E.
The Board of Adjustment may grant temporary use permits
for the location of temporary structures, in connection with permitted
uses, on the site of such permitted use, which use is either existing
or about to be established, upon the construction of a permanent structure.
Such temporary structure shall provide facilities during construction
of permanent facilities which are an addition to the permitted use
or which will result in permanent facilities to house the permitted
use. For example, but not by way of limitation, such temporary use
permits may be issued to permit the parking of a trailer housing building
facilities, temporary office space, temporary classroom space and/or
temporary warehouse space on such a site.
A sign permit shall be required prior to the erection or alteration of any sign. Such permit shall be obtained as required by Article XIX.
The Zoning Officer may issue a temporary zoning
permit and the Construction Official may issue a temporary certificate
of occupancy for a use of land or a building which is related to the
development of a permitted use of the property. In evaluating any
application for such temporary permits, the building or structure
in question must meet the minimum requirements as set forth in the
New Jersey Uniform Construction Code Act[1] for the issuance of temporary certificates of occupancy
and a bond shall be posted which is sufficient, in the judgment of
said Zoning Officer and Construction Official, that will guarantee
the completion of the project. Such temporary permits shall be issued
for a period not to exceed six months.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et
seq.
A.
Records. It shall be the duty of the Zoning Officer
to keep a record of all applications for zoning permits, a record
of all permits issued, together with a notation of all special conditions
involved. He or she shall file and safely keep copies of all plans
submitted and the same shall form a part of the records of his or
her office and shall be available for the use of the Township Committee
and of other officials of the Township.
B.
Reports. The Zoning Officer shall prepare a monthly
report for the Township Committee summarizing, for the period since
his or her last report, all zoning permits issued, complaints of violations
received and action taken by him or her with respect thereto. Such
report shall be in a form and shall contain such information as the
Township Committee may direct. A copy of such reports shall be made
available to the Construction Official and to the Tax Assessor.
[Amended 4-20-2004 by Ord. No. 2004-5; 12-30-2004 by Ord. No.
2004-12; 7-12-2005 by Ord. No. 2005-08; 8-15-2006 by Ord. No.
2006-14; 6-10-2008 by Ord. No. 2008-05; 6-9-2009 by Ord. No.
2009-08; 5-10-2017 by Ord. No. 2017-03]
A.
Affordable housing requirements.
(1)
Purpose.
(a)
This subsection is intended to assure that very-low-, low- and
moderate-income units ("affordable units") are created with controls
on affordability over time and that very-low-, low- and moderate-income
households shall occupy these units. This subsection shall apply except
where inconsistent with applicable law.
(b)
The Township of Hardyston Planning Board has adopted a Housing
Element and Fair Share Plan pursuant to the New Jersey Municipal Land
Use Law at N.J.S.A. 40:55D-1 et seq. The Fair Share Plan has been
endorsed by the Township Council of the Township of Hardyston. The
Fair Share Plan describes the ways the Township of Hardyston shall
address its fair share for very-low-, low-, and moderate-income housing
as documented in the Housing Element.
(c)
This subsection implements and incorporates the Fair Share Plan
and addresses the requirements of N.J.A.C. 5:93-1 et seq., as effective
June 6, 1994,[1] and all COAH rules and regulations. These rules are pursuant
to the Fair Housing Act of 1985 and the Township of Hardyston's
constitutional obligation to provide for its fair share of very-low-,
low-, and moderate-income housing under COAH regulations and the Township's
Declaratory Judgment and Order of Repose dated September 26, 2016.
All units provided by applicants shall meet all requirements needed
for the Township to obtain credit under prior COAH rules and judicial
decisions, including but not limited to Mt. Laurel IV.
[1]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b,
Chapter 93, Substantive Rules of the New Jersey Council on Affordable
Housing for the Period Beginning June 6, 1994, expired on 10-16-2016.
(d)
The Township of Hardyston shall file monitoring reports in accordance
with the agreement, tracking the status of the implementation of the
Housing Element and Fair Share Plan. Any plan evaluation report of
the Housing Element and Fair Share Plan and monitoring shall be available
to the public at the Township of Hardyston Municipal Building, Municipal
Clerk's Office, 149 Wheatsworth Road, Hardyston, New Jersey.
(2)
ACT
ADAPTABLE
ADMINISTRATIVE AGENT
AFFIRMATIVE MARKETING
AFFORDABILITY AVERAGE
AFFORDABLE
AFFORDABLE DEVELOPMENT
AFFORDABLE HOUSING DEVELOPMENT
AFFORDABLE HOUSING PROGRAM(S)
AFFORDABLE UNIT
AGE-RESTRICTED UNIT
AGENCY
ASSISTED LIVING RESIDENCE
CERTIFIED HOUSEHOLD
COAH
DCA
DEFICIENT HOUSING UNIT
DEVELOPER
DEVELOPMENT
INCLUSIONARY DEVELOPMENT
MAJOR SYSTEM
MARKET-RATE UNITS
MEDIAN INCOME
MODERATE-INCOME HOUSEHOLD
MODERATE-INCOME UNIT
NONEXEMPT SALE
RANDOM SELECTION PROCESS
REGIONAL ASSET LIMIT
REHABILITATION
RENT
RESTRICTED UNIT
UHAC
VERY-LOW-INCOME HOUSEHOLD
VERY-LOW-INCOME UNIT
WEATHERIZATION
Definitions. The following terms, as used in this subsection,
shall have the following meanings:
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.).
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.[2]
The entity responsible for the administration of affordable
units in accordance with this subsection, N.J.A.C. 5:80-26.1 et seq.,
and any and all other applicable statutes and regulations of the State
of New Jersey.
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which restricted
units in an affordable housing development are affordable to very-low-,
low- and moderate-income households.
A sales price or rent within the means of a very-low-, low-
or moderate-income household as defined in N.J.A.C. 5:97-9;[3] in the case of an ownership unit, that the sales price
for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6,
as may be amended and supplemented, and, in the case of a rental unit,
that the rent for the unit conforms to the standards set forth in
N.J.A.C. 5:80-26.12, as may be amended and supplemented.
A housing development, all or a portion of which consists
of restricted units.
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable development.
Any mechanism in a municipal Fair Share Plan prepared or
implemented to address a municipality's fair share obligation.
A housing unit proposed or created pursuant to the Act, credited
pursuant to N.J.A.C. 5:97-4,[4] and/or funded through an affordable housing trust fund.
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that: 1) all the residents of the development where the unit
is situated are 62 years or older; or 2) at least 80% of the units
are occupied by one person that is 55 years or older; or 3) the development
has been designated by the Secretary of the U.S. Department of Housing
and Urban Development as "housing for older persons" as defined in
Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
A facility licensed by the New Jersey Department of Health
and Senior Services to provide apartment-style housing and congregate
dining and to assure that assisted living services are available when
needed for four or more adult persons unrelated to the proprietor
and that offers units containing, at a minimum, one unfurnished room,
a private bathroom, a kitchenette and a lockable door on the unit
entrance.
A household that has been certified by an administrative
agent as a very-low-, low- or moderate-income household.
The Council on Affordable Housing, which is in, but not of,
the Department of Community Affairs of the State of New Jersey, that
was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301
et seq.).
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that
require the repair or replacement of a major system. A major system
includes weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint
abatement and/or load-bearing structural systems.
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development, including the holder
of an option to contract or purchase, or other person having an enforceable
proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
A development containing both affordable units and market-rate
units. This term includes, but is not necessarily limited to: new
construction, the conversion of a nonresidential structure to residential
and the creation of new affordable units through the reconstruction
of a vacant residential structure.
The primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building, which
include, but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement or load-bearing structural systems.
Housing not restricted to very-low-, low-, and moderate-income
households that may sell or rent at any price.
The median income by household size for the applicable county,
as adopted annually by COAH.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income
household.
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a Class
A beneficiary and the transfer of ownership by court order.
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by COAH's adopted Regional Income Limits published
annually by COAH.
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted living residences, rent does
not include charges for food and services.
A dwelling unit, whether a rental unit or ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
A household with a total gross annual household income equal
to 30% or less of the median household income.
A restricted unit that is affordable to a very-low-income
household.
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for rehabilitation.
(3)
Affordable housing programs. The Township has determined that
it will use the following mechanisms to satisfy its affordable housing
obligations:
(a)
A market-to-affordable program.
[1]
A market-to-affordable program is established to
permit the purchase or subsidization of units through a written agreement
with the property owner and sold or rented to very-low-, low-, and
moderate-income households. Subject to the provisions of Subsection
A(3)(a)[2][c] below, the market-to-affordable programs may produce
very-low-, low- and moderate-income units. (The program may be limited
to only very-low- or low-, or only moderate-income units as per the
Fair Share Plan.)
[2]
The following provisions shall apply to market-to-affordable
programs:
[a]
At the time they are offered for sale or rental,
eligible units may be new, pre-owned or vacant.
[b]
The units shall be certified to be in sound condition
as a result of an inspection performed by a licensed building inspector.
[c]
The municipality will provide a minimum of $25,000
per unit to subsidize each moderate-income unit and/or $30,000 per
unit to subsidize each low-income unit, with additional subsidy depending
on the market prices or rents in a municipality.
[d]
The maximum number of creditable market-to-affordable
units shall be equal to no more than 10 for-sale units and 10 rental
units or a combined total of 10% of the fair share obligation, whichever
is greater. (Additional units may be approved by COAH if the municipality
demonstrates the successful completion of its initial market-to-affordable
program.)
[3]
The units shall comply with UHAC with the following
exceptions:
[a]
Bedroom distribution [N.J.A.C. 5:80-26.3(b) and
(c)];
[b]
Low-/moderate-income split [N.J.A.C. 5:80-26.3(a)];
and
[c]
Affordability average [N.J.A.C. 5:80-26.3(d) and
(e)]; however:
[i]
The maximum rent for a moderate-income unit shall be affordable
to households earning no more than 57.5% of median income. The maximum
rent for a low-income unit shall be affordable to households earning
no more than 44% of median income; and the maximum rent for a very-low-income
unit shall be affordable to households earning no more than 30% of
median income.
[ii]
The maximum sales price for a moderate-income
unit shall be affordable to households earning no more than 70% of
median income, and the maximum sales price for a low-income unit shall
be affordable to households earning no more than 40% of median income,
and the maximum sales price for a very-low-income unit shall be affordable
to households earning no more than 30% of median income.
(4)
Inclusionary zoning.
(a)
Presumptive densities and set-asides. To ensure the efficient
use of land through compact forms of development and to create realistic
opportunities for the construction of affordable housing, inclusionary
zoning permits minimum presumptive densities and presumptive maximum
affordable housing set-asides as follows:
[1]
Inclusionary zoning in existing or proposed sewer
service areas outside of Planning Areas 1 or 2 permits residential
development at a presumptive minimum gross density of four units per
acre and a presumptive maximum affordable housing set-aside of 20%
of the total number of units in the development;
[2]
Inclusionary zoning outside of a sewer service
area in Planning Areas 3, 4 and 5 permits a presumptive density increase
of 40% over the existing zoning. The presumptive maximum affordable
housing set-aside shall be 20% of the total number of units in the
development; and
[3]
Where an executed development agreement and/or
a Planning Board approval resolution exists for affordable housing
on a specific site or sites, list the sites below and identify the
density and set-aside for each.
[4]
Additional incentives to subsidize the creation
of affordable housing available to very-low-income households may
be included in the zoning section of this subsection or specified
in a developer's or redeveloper's agreement.
(b)
Phasing. In inclusionary developments, the following schedule
shall be followed:
|
Maximum Percentage of Market-Rate Units Completed
|
Minimum Percentage of Very-Low-, Low- and Moderate-Income Units
Completed
|
|---|---|
|
25
|
0
|
|
25+1
|
10
|
|
50
|
50
|
|
75
|
75
|
|
90
|
100
|
(c)
Design. In inclusionary developments, to the extent possible,
very-low-, low- and moderate-income units shall be integrated with
the market units.
(d)
Payments-in-lieu and off-site construction. The standards for
the collection of payments in lieu of constructing affordable units
or standards for constructing affordable units off-site shall be in
accordance with N.J.A.C. 5:97-6.4,[5] and/or other applicable laws, statutes or regulations.
[5]
Editor's Note: The provisions of N.J.A.C. 5:97 expired
on 6-2-2015.
(e)
Utilities. Affordable units shall utilize the same type of heating
source as market units within the affordable development.
(5)
New construction. The following general guidelines apply to
all newly constructed developments that contain low- and moderate-income
housing units, including any currently unanticipated future developments
that will provide very-low-, low- and moderate-income housing units.
(a)
Low/moderate split and bedroom distribution of affordable housing
units:
[1]
The fair share obligation shall be divided equally
between low- and moderate-income units, except that where there is
an odd number of affordable housing units, the extra unit shall be
a low-income unit.
[2]
In each affordable development, at least 50% of
the restricted units within each bedroom distribution shall be low-income
units.
[3]
Affordable developments that are not age-restricted
shall be structured in conjunction with realistic market demands such
that:
[a]
The combined number of efficiency and one-bedroom
units shall be no greater than 20% of the total very–, low-
and moderate-income units, if applicable;
[b]
At least 30% of all very-low-, low-, and moderate-income
units shall be two-bedroom units, if applicable;
[c]
At least 20% of all very-low-, low-, and moderate-income
units shall be three-bedroom units, if applicable; and
[d]
The remaining units may be allocated among two-
and three-bedroom units at the discretion of the developer.
[4]
Affordable developments that are age-restricted
shall be structured such that the number of bedrooms shall equal the
number of age-restricted very-low-, low- and moderate-income units
within the inclusionary development. The standard may be met by having
all one-bedroom units or by having a two-bedroom unit for each efficiency
unit.
(b)
Accessibility requirements:
[1]
[2]
All restricted townhouse dwelling units and all
restricted units in other multistory buildings in which a restricted
dwelling unit is attached to at least one other dwelling unit shall
have the following features:
[a]
An adaptable toilet and bathing facility on the
first floor;
[b]
An adaptable kitchen on the first floor;
[c]
An interior accessible route of travel on the first
floor;
[d]
An interior accessible route of travel shall not
be required between stories within an individual unit;
[e]
An adaptable room that can be used as a bedroom,
with a door, or the casing for the installation of a door, on the
first floor; and
[3]
An accessible entranceway as set forth at P.L.
2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode,
N.J.A.C. 5:23-7[8] and N.J.A.C. 5:97-3.14,[9] or evidence that the Township of Hardyston has collected
funds from the developer sufficient to make 10% of the adaptable entrances
in the development accessible:
[a]
Where a unit has been constructed with an adaptable
entrance, upon the request of a disabled person who is purchasing
or will reside in the dwelling unit, an accessible entrance shall
be installed.
[b]
To this end, the builder of restricted units shall
deposit funds within the Township of Hardyston's Affordable Housing
Trust Fund sufficient to install accessible entrances in 10% of the
affordable units that have been constructed with adaptable entrances.
[c]
The funds deposited under Subsection A(5)(b)[3][b]
above shall be used by the Township of Hardyston for the sole purpose
of making the adaptable entrance of any affordable unit accessible
when requested to do so by a person with a disability who occupies
or intends to occupy the unit and requires an accessible entrance.
[d]
The developer of the restricted units shall submit
a design plan and cost estimate for the conversion from adaptable
to accessible entrances to the Construction Official of the Township
of Hardyston.
[e]
Once the Construction Official has determined that
the design plan to convert the unit entrances from adaptable to accessible
meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7
and N.J.A.C. 5:97-3.14, and that the cost estimate of such conversion
is reasonable, payment shall be made to the Township of Hardyston's
Affordable Housing Trust Fund in care of the Municipal Treasurer,
who shall ensure that the funds are deposited into the Affordable
Housing Trust Fund and appropriately earmarked.
[f]
(c)
Maximum rents and sales prices.
[1]
In establishing rents and sales prices of affordable
housing units, the administrative agent shall follow the procedures
set forth in UHAC and in COAH, utilizing the regional income limits
previously established by COAH.
[2]
The maximum rent for restricted rental units within
each affordable development shall be affordable to households earning
no more than 60% of median income, and the average rent for restricted
very-low-, low- and moderate-income units shall be affordable to households
earning no more than 52% of median income.
[3]
The developers and/or municipal sponsors of restricted
rental units shall establish at least one rent for each bedroom type
for very-low-income, low-income and moderate-income units.
[a]
At least 10% of all low- and moderate-income rental
units shall be affordable to households earning no more than 30% of
median income.
[4]
The maximum sales price of restricted ownership
units within each affordable development shall be affordable to households
earning no more than 70% of median income, and each affordable development
must achieve an affordability average of 55% for restricted ownership
units; in achieving this affordability average, moderate-income ownership
units must be available for at least three different prices for each
bedroom type, and very-low- and low-income ownership units must be
available for at least two different prices for each bedroom type.
[5]
In determining the initial sales prices and rents
for compliance with the affordability average requirements for restricted
units other than assisted living facilities, the following standards
shall be used:
[a]
A studio shall be affordable to a one-person household;
[b]
A one-bedroom unit shall be affordable to a one-and-one-half-person
household;
[c]
A two-bedroom unit shall be affordable to a three-person
household;
[d]
A three-bedroom unit shall be affordable to a four-and-one-half-person
household; and
[e]
A four-bedroom unit shall be affordable to a six-person
household.
[6]
In determining the initial rents for compliance
with the affordability average requirements for restricted units in
assisted living facilities, the following standards shall be used:
[7]
The initial purchase price for all restricted ownership
units shall be calculated so that the monthly carrying cost of the
unit, including principal and interest (based on a mortgage loan equal
to 95% of the purchase price and the Federal Reserve H.15 rate of
interest), taxes, homeowner and private mortgage insurance and condominium
or homeowner association fees do not exceed 28% of the eligible monthly
income of the appropriate size household as determined under N.J.A.C.
5:80-26.4, as may be amended and supplemented; provided, however,
that the price shall be subject to the affordability average requirement
of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
[8]
The initial rent for a restricted rental unit shall
be calculated so as not to exceed 30% of the eligible monthly income
of the appropriate household size as determined under N.J.A.C. 5:80-26.4,
as may be amended and supplemented; provided, however, that the rent
shall be subject to the affordability average requirement of N.J.A.C.
5:80-26.3, as may be amended and supplemented.
[9]
The price of owner-occupied very-low-, low- and
moderate-income units may increase annually based on the percentage
increase in the regional median income limit for each housing region.
In no event shall the maximum resale price established by the administrative
agent be lower than the last recorded purchase price.
[10]
The rent of very-low-, low- and moderate-income
units may be increased annually based on the percentage increase in
the Housing Consumer Price Index for the United States. This increase
shall not exceed 9% in any one year. Rents for units constructed pursuant
to very-low- and low-income housing tax credit regulations shall be
indexed pursuant to the regulations governing very-low- and low-income
housing tax credits.
[11]
Utilities. Tenant-paid utilities that are included
in the utility allowance shall be so stated in the lease and shall
be consistent with the utility allowance approved by DCA for its Section
8 program.
(6)
Affirmative marketing requirements.
(a)
The Township of Hardyston shall adopt by resolution an affirmative
marketing plan, compliant with N.J.A.C. 5:80-26.15, as may be amended
and supplemented.
(b)
The affirmative marketing plan is a regional marketing strategy
designed to attract buyers and/or renters of all majority and minority
groups, regardless of race, creed, color, national origin, ancestry,
marital or familial status, gender, affectional or sexual orientation,
disability, age or number of children to housing units which are being
marketed by a developer, sponsor or owner of affordable housing. The
affirmative marketing plan is also intended to target those potentially
eligible persons who are least likely to apply for affordable units
in that region. It is a continuing program that directs all marketing
activities toward COAH Housing Region 1 and covers the period of deed
restriction.
(c)
The affirmative marketing plan shall provide a regional preference
for all households that live and/or work in COAH Housing Region 1,
comprised of Bergen, Sussex, Passaic, and Hudson Counties.
(d)
The administrative agent designated by the Township of Hardyston
shall assure the affirmative marketing of all affordable units consistent
with the affirmative marketing plan for the municipality.
(e)
In implementing the affirmative marketing plan, the administrative
agent shall provide a list of counseling services to very-low-, low-
and moderate-income applicants on subjects such as budgeting, credit
issues, mortgage qualification, rental lease requirements, and landlord/tenant
law.
(f)
The affirmative marketing process for available affordable units
shall begin at least four months prior to the expected date of occupancy.
(g)
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner,
unless otherwise determined or agreed to by Township of Hardyston.
(7)
Occupancy standards.
(a)
In referring certified households to specific restricted units,
to the extent feasible, and without causing an undue delay in occupying
the unit, the administrative agent shall strive to:
(b)
Additional provisions related to occupancy standards (if any)
shall be provided in the municipal operating manual.
(8)
Control periods for restricted ownership units and enforcement
mechanisms.
(a)
Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each
restricted ownership unit shall remain subject to the requirements
of this subsection until the Township of Hardyston elects to release
the unit from such requirements; however, and prior to such an election,
a restricted ownership unit must remain subject to the requirements
of N.J.A.C. 5:80-26.1, as may be amended and supplemented, for at
least 30 years.
(b)
The affordability control period for a restricted ownership
unit shall commence on the date the initial certified household takes
title to the unit.
(c)
Prior to the issuance of the initial certificate of occupancy
for a restricted ownership unit and upon each successive sale during
the period of restricted ownership, the administrative agent shall
determine the restricted price for the unit and shall also determine
the nonrestricted, fair market value of the unit based on either an
appraisal or the unit's equalized assessed value.
(d)
At the time of the first sale of the unit, the purchaser shall
execute and deliver to the administrative agent a recapture note obligating
the purchaser (as well as the purchaser's heirs, successors and
assigns) to repay, upon the first nonexempt sale after the unit's
release from the requirements of this subsection, an amount equal
to the difference between the unit's nonrestricted fair market
value and its restricted price, and the recapture note shall be secured
by a recapture lien evidenced by a duly recorded mortgage on the unit.
(e)
The affordability controls set forth in this subsection shall
remain in effect despite the entry and enforcement of any judgment
of foreclosure with respect to restricted ownership units.
(f)
A restricted ownership unit shall be required to obtain a continuing
certificate of occupancy or a certified statement from the Construction
Official stating that the unit meets all code standards upon the first
transfer of title that follows the expiration of the applicable minimum
control period provided under N.J.A.C. 5:80-26.5(a), as may be amended
and supplemented.
(9)
Price restrictions for restricted ownership units, homeowners'
association fees and resale prices.
(a)
Price restrictions for restricted ownership units shall be in
accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
including:
[1]
The initial purchase price for a restricted ownership
unit shall be approved by the administrative agent.
[2]
The administrative agent shall approve all resale
prices, in writing and in advance of the resale, to assure compliance
with the foregoing standards.
[3]
The method used to determine the condominium association
fee amounts and special assessments shall be indistinguishable between
the very-low-, low- and moderate-income unit owners and the market
unit owners.
[4]
The owners of restricted ownership units may apply
to the administrative agent to increase the maximum sales price for
the unit on the basis of capital improvements. Eligible capital improvements
shall be those that render the unit suitable for a larger household
or the addition of a bathroom.
(10)
Buyer income eligibility.
(a)
Buyer income eligibility for restricted ownership units shall
be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to 50% of median-income
and moderate-income ownership units shall be reserved for households
with a gross household income less than 80% of median income.
(b)
The administrative agent shall certify a household as eligible
for a restricted ownership unit when the household is a very-low-
or low-income household or a moderate-income household, as applicable
to the unit, and the estimated monthly housing cost for the particular
unit (including principal, interest, taxes, homeowner and private
mortgage insurance and condominium or homeowners' association
fees, as applicable) does not exceed 33% of the household's certified
monthly income.
(11)
Limitations on indebtedness secured by ownership unit; subordination.
(a)
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the administrative agent shall determine in writing
that the proposed indebtedness complies with the provisions of this
section.
(b)
With the exception of original purchase money mortgages, during
a control period neither an owner nor a lender shall at any time cause
or permit the total indebtedness secured by a restricted ownership
unit to exceed 95% of the maximum allowable resale price of that unit,
as such price is determined by the administrative agent in accordance
with N.J.A.C. 5:80-26.6(b).
(12)
Control periods for restricted rental units.
(a)
Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and
each restricted rental unit shall remain subject to the requirements
of this subsection until the Township of Hardyston elects to release
the unit from such requirements pursuant to action taken in compliance
with N.J.A.C. 5:80-26.1, as may be amended and supplemented, and prior
to such an election, a restricted rental unit must remain subject
to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented,
for at least 30 years.
(b)
Deeds of all real property that include restricted rental units
shall contain deed restriction language. The deed restriction shall
have priority over all mortgages on the property, and the deed restriction
shall be filed by the developer or seller with the records office
of the County of Sussex. A copy of the filed document shall be provided
to the administrative agent within 30 days of the receipt of a certificate
of occupancy.
(c)
A restricted rental unit shall remain subject to the affordability
controls of this subsection, despite the occurrence of any of the
following events:
(13)
Price restrictions for rental units; leases.
(a)
A written lease shall be required for all restricted rental
units, except for units in an assisted living residence, and tenants
shall be responsible for security deposits and the full amount of
the rent as stated on the lease. A copy of the current lease for each
restricted rental unit shall be provided to the administrative agent.
(b)
No additional fees or charges shall be added to the approved
rent (except, in the case of units in an assisted living residence,
to cover the customary charges for food and services) without the
express written approval of the administrative agent.
(c)
Application fees (including the charge for any credit check)
shall not exceed 5% of the monthly rent of the applicable restricted
unit and shall be payable to the administrative agent to be applied
to the costs of administering the controls applicable to the unit
as set forth in this subsection.
(14)
Tenant income eligibility.
(a)
Tenant income eligibility shall be in accordance with N.J.A.C.
5:80-26.13, as may be amended and supplemented, and shall be determined
as follows:
[1]
Very-low-income rental units shall be reserved
for households with a gross household income less than or equal to
30% of median income.
[2]
Low-income rental units shall be reserved for households
with a gross household income less than or equal to 50% of median
income.
[3]
Moderate-income rental units shall be reserved
for households with a gross household income less than 80% of median
income.
(b)
The administrative agent shall certify a household as eligible
for a restricted rental unit when the household is a very-low-, low-
or moderate-income household, as applicable to the unit, and the rent
proposed for the unit does not exceed 35% (40% for age-restricted
units) of the household's eligible monthly income as determined
pursuant to N.J.A.C. 5:80-26.16, as may be amended and supplemented;
provided, however, that this limit may be exceeded if one or more
of the following circumstances exists:
[1]
The household currently pays more than 35% (40%
for households eligible for age-restricted units) of its gross household
income for rent, and the proposed rent will reduce its housing costs;
[2]
The household has consistently paid more than 35%
(40% for households eligible for age-restricted units) of eligible
monthly income for rent in the past and has proven its ability to
pay;
[3]
The household is currently in substandard or overcrowded
living conditions;
[4]
The household documents the existence of assets
with which the household proposes to supplement the rent payments;
or
[5]
The household documents proposed third-party assistance
from an outside source such as a family member in a form acceptable
to the administrative agent and the owner of the unit.
(c)
The applicant shall file documentation sufficient to establish the existence of the circumstances in Subsection A(14)(b)[1] through [5] above with the administrative agent, who shall counsel the household on budgeting.
(15)
Administration.
(a)
The position of Municipal Housing Liaison (MHL) for Township
of Hardyston is established by this subsection. The Hardyston Township
Council shall make the actual appointment of the MHL by means of a
resolution.
[1]
The MHL must be either a full-time or part-time
employee of Township of Hardyston.
[2]
The person appointed as the MHL must be reported
to COAH for approval. The MHL must meet all COAH requirements for
qualifications, including initial and periodic training.
[3]
The Municipal Housing Liaison shall be responsible
for oversight and administration of the affordable housing program
for the Township of Hardyston, including the following responsibilities,
which may not be contracted out to the administrative agent:
[a]
Serving as the municipality's primary point
of contact for all inquiries from the state, affordable housing providers,
administrative agents and interested households;
[b]
The implementation of the affirmative marketing
plan and affordability controls;
[c]
When applicable, supervising any contracting administrative
agent;
[d]
Monitoring the status of all restricted units in
the Township of Hardyston's Fair Share Plan;
[e]
Compiling, verifying and submitting annual reports
as required by COAH;
[f]
Coordinating meetings with affordable housing providers
and administrative agents, as applicable; and
[g]
Attending continuing education opportunities on
affordability controls, compliance monitoring and affirmative marketing
as offered or approved by COAH.
(b)
The Township of Hardyston shall designate by resolution of the
Township Council of the Township of Hardyston one or more administrative
agents to administer newly constructed affordable units in accordance
with the Hardyston 2016 Judgment of Compliance, UHAC and applicable
COAH rules.
(c)
An operating manual shall be provided by the administrative
agent(s), to be adopted by resolution of the governing body and subject
to approval of COAH. The operating manuals shall be available for
public inspection in the office of the Municipal Clerk and in the
office(s) of the administrative agent(s).
(d)
The administrative agent shall perform the duties and responsibilities
of an administrative agent as are set forth in UHAC and which are
described in full detail in the operating manual, including those
set forth in N.J.A.C. 5:80-26.14, 5:80-26.16, and 5:80-26.18 thereof,
which include:
[1]
Attending continuing education opportunities on
affordability controls, compliance monitoring, and affirmative marketing
as offered or approved by COAH;
[2]
Affirmative marketing household certification;
[3]
Affordability controls;
[4]
Records retention;
[5]
Resale and re-rental;
[6]
Processing requests from unit owners; and
[7]
Enforcement, though the ultimate responsibility
for retaining controls on the units rests with the municipality.
(e)
The administrative agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
(16)
Enforcement of affordable housing regulations.
(a)
Upon the occurrence of a breach of any of the regulations governing
the affordable unit by an owner, developer or tenant, the municipality
shall have all remedies provided at law or equity, including but not
limited to foreclosure, tenant eviction, municipal fines, a requirement
for household recertification, acceleration of all sums due under
a mortgage, recoupment of any funds from a sale in the violation of
the regulations, injunctive relief to prevent further violation of
the regulations, entry on the premises, and specific performance.
(b)
After providing written notice of a violation to an owner, developer
or tenant of a very-low-, low- or moderate-income unit and advising
the owner, developer or tenant of the penalties for such violations,
the municipality may take the following action against the owner,
developer or tenant for any violation that remains uncured for a period
of 60 days after service of the written notice:
[1]
The municipality may file a court action pursuant
to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations
governing the affordable housing unit. If the owner, developer or
tenant is found by the court to have violated any provision of the
regulations governing affordable housing units, the owner, developer
or tenant shall be subject to one or more of the following penalties,
at the discretion of the court:
[a]
A fine of not more than $500 or imprisonment for
a period not to exceed 90 days, or both. Each and every day that the
violation continues or exists shall be considered a separate and specific
violation of these provisions and not as a continuing offense;
[b]
In the case of an owner who has rented his or her
very-low-, low- or moderate-income unit in violation of the regulations
governing affordable housing units, payment into the Township of Hardyston
Affordable Housing Trust Fund of the gross amount of rent illegally
collected;
[c]
In the case of an owner who has rented his or her
very-low-, low- or moderate-income unit in violation of the regulations
governing affordable housing units, payment of an innocent tenant's
reasonable relocation costs, as determined by the court.
[2]
The municipality may file a court action in the
Superior Court seeking a judgment, which would result in the termination
of the owner's equity or other interest in the unit, in the nature
of a mortgage foreclosure. Any judgment shall be enforceable as if
the same were a judgment of default of the first-purchase money mortgage
and shall constitute a lien against the very-low-, low-, or moderate-income
unit.
(c)
Such judgment shall be enforceable, at the option of the municipality,
by means of an execution sale by the Sheriff, at which time the very-low-,
low-, or moderate-income unit of the violating owner shall be sold
at a sale price which is not less than the amount necessary to fully
satisfy and pay off any first-purchase money mortgage and prior liens
and the costs of the enforcement proceedings incurred by the municipality,
including attorney fees. The violating owner shall have the right
to possession terminated as well as the title conveyed pursuant to
the Sheriff's sale.
(d)
The proceeds of the Sheriff's sale shall first be applied
to satisfy the first-purchase money mortgage lien and any prior liens
upon the very-low-, low-, or moderate-income unit. The excess, if
any, shall be applied to reimburse the municipality for any and all
costs and expenses incurred in connection with either the court action
resulting in the judgment of violation or the Sheriff's sale.
In the event that the proceeds from the Sheriff's sale are insufficient
to reimburse the municipality in full as aforesaid, the violating
owner shall be personally responsible for and to the extent of such
deficiency, in addition to any and all costs incurred by the municipality
in connection with collecting such deficiency. In the event that a
surplus remains after satisfying all of the above, such surplus, if
any, shall be placed in escrow by the municipality for the owner and
shall be held in such escrow for a maximum period of two years or
until such earlier time as the owner shall make a claim with the municipality
for such. Failure of the owner to claim such balance within the two-year
period shall automatically result in a forfeiture of such balance
to the municipality. Any interest accrued or earned on such balance
while being held in escrow shall belong to and shall be paid to the
municipality, whether such balance shall be paid to the owner or forfeited
to the municipality.
(e)
Foreclosure by the municipality due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the very-low-, low-, or moderate-income unit. Title shall
be conveyed to the purchaser at the Sheriff's sale, subject to
the restrictions and provisions of the regulations governing the affordable
housing unit. The owner determined to be in violation of the provisions
of this plan and from whom title and possession were taken by means
of the Sheriff's sale shall not be entitled to any right of redemption.
(f)
If there are no bidders at the Sheriff's sale, or if insufficient
amounts are bid to satisfy the first-purchase money mortgage and any
prior liens, the municipality may acquire title to the very-low-,
low-, or moderate-income unit by satisfying the first-purchase money
mortgage and any prior liens and crediting the violating owner with
an amount equal to the difference between the first-purchase money
mortgage and any prior liens and costs of the enforcement proceedings,
including legal fees and the maximum resale price for which the very-low-,
low- or moderate-income unit could have been sold under the terms
of the regulations governing affordable housing units. This excess
shall be treated in the same manner as the excess which would have
been realized from an actual sale as previously described.
(g)
Failure of the very-low-, low-, or moderate-income unit to be
either sold at the Sheriff's sale or acquired by the municipality
shall obligate the owner to accept an offer to purchase from any qualified
purchaser which may be referred to the owner by the municipality,
with such offer to purchase being equal to the maximum resale price
of the very-low-, low-, or moderate-income unit as permitted by the
regulations governing affordable housing units.
(h)
The owner shall remain fully obligated, responsible and liable
for complying with the terms and restrictions governing affordable
housing units until such time as title is conveyed from the owner.
(17)
Appeals. Appeals from all decisions of an administrative agent
designated pursuant to this subsection shall be filed in writing with
a court of the State of New Jersey having competent jurisdiction over
matters concerning affordable housing enforcement in the State of
New Jersey.
B.
Affordable housing development fees.
(1)
Purpose.
(a)
In Holmdel Builders 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.
(b)
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 40:55D-8.7), 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.
(c)
This subsection establishes standards for the collection, maintenance,
and expenditure of development fees pursuant to COAH's regulations
and in accordance P.L. 2008, c. 46, Sections 8 and 32 through 38.[12] Fees collected pursuant to this subsection shall be used
for the sole purpose of providing very-low-, low-, and moderate-income
housing. This subsection shall be interpreted within the framework
of COAH's rules on development fees, codified at N.J.A.C. 5:97-8.[13]
(2)
AFFORDABLE HOUSING DEVELOPMENT
COAH or THE COUNCIL
DEVELOPER
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
GREEN BUILDING STRATEGIES
Definitions. The following terms, as used in this subsection,
shall have the following meanings:
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable development.
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.
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.
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:97-8.3.[14]
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 N.J.S.A.
54:1-35c).
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.
[14]
Editor's Note: The provisions of N.J.A.C. 5:97 expired
on 6-2-2015.
(3)
Residential development fees.
(a)
Imposed fees.
[1]
Mandatory residential development fees shall be
1.5% of the equalized assessed value for residential development.
These fees shall be required in conjunction with application for a
building permit for all projects which do not require a land development
application approval. All other land development projects will be
subject to the incentive zoning and mandatory set-aside provisions
of this chapter.
[2]
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 may 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.
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Example: If an approval allows four units to be constructed
on a site that was zoned for two units, the fees could equal 1.5%
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.
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(b)
Eligible exactions, ineligible exactions and exemptions for
residential development.
[1]
Affordable housing developments, developments where
the developer is providing for the construction of affordable units
elsewhere in the municipality, and developments where the developer
has made a payment in lieu of on-site construction of affordable units
shall be exempt from development fees.
[2]
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.
[3]
Developers of residential structures demolished
and replaced as a result of a natural disaster or fire shall be exempt
from paying a development fee.
(c)
Collection of fees.
[1]
The following procedures shall be followed with
respect to the collection of development fees:
[a]
When a cash development fee is to be made in a
sum determined by applying a percentage figure against the equalized
assessed value of the land and improvements, the following rule shall
apply: The value of the property shall be the equalized assessed value
of each dwelling unit and the land at the time of project completion
or, where feasible, completion of the unit in question.
[b]
The developer shall pay a minimum development fee
of $500 to the Township of Hardyston prior to the commencement of
construction.
[c]
The developer shall pay the remaining fee to the
Township of Hardyston at the issuance of a certificate of occupancy.
At the issuance of the certificate of occupancy, the Tax Assessor
shall calculate the equalized assessed value and the appropriate development
fee. The developer shall be responsible for paying the difference
between the fee calculated at the time of issuance of the certificate
of occupancy and the amount paid at the time of issuance of the building
permit.
[d]
Payments shall be by certified check or bank money
order to the Township of Hardyston and shall be deposited in a separate
interest-bearing housing trust fund account established by this section.
[2]
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 Hardyston 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.
(4)
Nonresidential development fees.
(a)
Imposed fees.
[1]
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.
[2]
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.
[3]
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 pre-existing 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.
(b)
Eligible exactions, ineligible exactions and exemptions for
nonresidential development.
[1]
The nonresidential portion of a mixed-use inclusionary
or market-rate development shall be subject to the 2.5% development
fee, unless otherwise exempted below.
[2]
The 2.5% fee shall not apply to an increase in
equalized assessed value resulting from alterations, change in use
within existing footprint, reconstruction, renovations and repairs.
[3]
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" form. Any exemption claimed by a developer
shall be substantiated by that developer.
[4]
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 the 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.
[5]
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 subsection within 45 days of the termination
of the property tax exemption. Unpaid nonresidential development fees
under these circumstances may be enforceable by Hardyston Township
as a lien against the real property of the owner.
(c)
Collection procedures.
[1]
Upon the granting of a preliminary, final or other
applicable approval for a nonresidential development, the applicable
approving authority shall direct its staff to notify the construction
official responsible for the issuance of a building permit.
[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 shall notify 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 Hardyston 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 time of issuance of the certificate of occupancy.
The developer shall be responsible for paying the difference between
the fee calculated at the time of issuance of the building permit
and that determined at the time of issuance of the certificate of
occupancy. No certificate of occupancy shall be issued to the developer
until all remaining developer fees have been paid in full.
[9]
Appeal of development fees.
[a]
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 Hardyston
Township. Appeals from a determination of the Director may be made
to the Tax Court in accordance with the provisions of the New Jersey
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.
(5)
Affordable Housing Trust Fund.
(a)
There is hereby created a separate, interest-bearing housing
trust fund to be maintained by the Chief Financial Officer for the
purpose of depositing development fees collected from residential
and nonresidential developers and proceeds from the sale of units
with extinguished controls.
(b)
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
[1]
Payments in lieu of on-site construction of affordable
units;
[2]
Developer-contributed funds to make 10% of the
adaptable entrances in a townhouse or other multistory attached development
accessible;
[3]
Rental income from municipally operated units;
[4]
Repayments from affordable housing program loans;
[5]
Recapture funds;
[6]
Proceeds from the sale of affordable units; and
[7]
Any other funds collected in connection with Hardyston
Township's affordable housing program.
(c)
Within seven days from the opening of the trust fund account,
Hardyston Township shall provide an escrow agreement between the municipality
and the bank, to direct the disbursement of the funds as provided
for in N.J.A.C. 5:97-8.13(b).[15]
[15]
Editor's Note: The provisions of N.J.A.C. 5:97 expired
on 6-2-2015.
(d)
All interest accrued in the housing trust fund shall only be
used on eligible affordable housing activities.
(6)
Use of funds.
(a)
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 Hardyston 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 the Housing Element and Fair Share Plan, or
any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through
5:97-8.9[16] and specified in the approved spending plan.
[16]
Editor's Note: The provisions of N.J.A.C. 5:97 expired
on 6-2-2015.
(b)
Funds shall not be expended to reimburse Hardyston Township
for past housing activities.
(c)
At least 30% of all development fees collected and interest
earned shall be used to provide affordability assistance to very-low-,
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.
[1]
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.
[2]
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.
[3]
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.
(d)
Hardyston 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.
(e)
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.
(7)
Monitoring. If applicable, Hardyston Township shall complete
all monitoring forms included in monitoring requirements related to
the: 1) collection of development fees from residential and nonresidential
developers, 2) payments in lieu of constructing affordable units on
site, 3) funds from the sale of units with extinguished controls,
4) barrier-free escrow funds, 5) rental income, 6) repayments from
affordable housing program loans, and 7) any other funds collected
in connection with Hardyston Township's housing program, as well
as to the expenditure of revenues and implementation of the 2016 HEFSP
as approved pursuant to the Hardyston 2016 Judgment of Compliance.
All monitoring reports shall be completed on forms previously designed
by COAH.
(8)
Ongoing collection of fees. The ability for Hardyston Township
to impose, collect and expend development fees shall expire in accordance
with Hardyston 2016 Judgment of Compliance, unless Hardyston Township
has filed an amended Housing Element and Fair Share Plan with a court
of competent jurisdiction, and has received a judgment approving same,
together with concurrent or subsequent approval of any amended development
fee ordinance. If Hardyston Township fails to renew its ability to
impose and collect development fees prior to the expiration of the
Hardyston 2016 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). Hardyston Township shall not impose
a residential development fee on a development that receives preliminary
or final site plan approval after the expiration of the Hardyston
2016 Judgment of Compliance, nor shall Hardyston Township retroactively
impose a development fee on such a development. Hardyston Township
shall not expend development fees after the expiration of its substantive
certification or any renewal or extension thereof.
C.
Incentive zoning and mandatory set-asides.
(1)
Applicability.
(a)
The requirements contained in this subsection shall be applied
in Hardyston Township to all zones except the Crystal Springs portion
of the CR (VC) Zone District, which is subject to separate ordinance
provisions and an affordable housing developer's agreement for
an inclusionary development.
(b)
Responsibility for constructing affordable housing units shall
be as provided for under this subsection. Developers that have received
final approvals prior to the effective date of this subsection shall
be subject to the requirements of their final approvals and exempt
from complying with the provisions of this subsection, unless the
developer seeks a substantial change in approval, or the plan is abandoned,
the approval lapses, or the period of protection pursuant to N.J.S.A.
40:55D-52 expires without extension. For developers that did not receive
final approvals prior to the effective date of this subsection, then
the triggering mechanism for incentive zoning and mandatory set-aside
responsibility shall be the issuance of a building permit for new
construction that received municipal land use approvals after the
adoption of this subsection.
(2)
Affordable units required for residential developments.
(a)
Except for residential inclusionary developments which are otherwise
required to have a set-aside of low- and moderate-income units, any
applicant for a residential development in Hardyston Township that
includes four or more residential lots and/or dwelling units shall
be required to provide the number of affordable housing units equivalent
to 20% of the total number of market-rate units (15% if rental affordable
are committed) which will result from the proposed development, with
any decimal amount rounded to the next highest whole number. The number
of units permitted is based upon the density requirements of the zone
district, including the incentive zoning affordable housing units
allowed by this subsection.
(b)
As incentives to internally subsidize the required affordable
housing units, a developer may utilize the following:
[1]
For residential developments constructing the incentive
zoning affordable housing units on site, the developer may be permitted
to an overall density increase of 40% over the existing zoning. The
administration of any rental affordable units constructed on site
will be the responsibility of the developer, unless an alternative
arrangement is agreed upon between the developer and the Township.
The affordable units may be built on a lot of 1/2 acre or more in
size, and may be single-family, duplex, triplex or quadraplex units.
The density increases granted for the construction of the affordable
units on site, and the use of alternate structures and/or use types
for the affordable units, shall not require a "c" or "d" variance.
[2]
For residential developments that make payments
to the Township of Hardyston in lieu of constructing affordable units,
the developer may build up to 1/2 of a market-rate unit for each full
contribution toward an affordable unit's costs. The affordable
units may be built on a lot of 1/2 acre or more in size, and may be
single-family, duplex, triplex or quadraplex units. The density increases
granted for the construction of the affordable units on site, and
the use of alternate structures and/or use types for the affordable
units, shall not require a "c" or "d" variance.
(3)
Affordable units optional incentives for nonresidential and
mixed-use (residential and commercial) developments.
(a)
At the option of the applicant for development, a nonresidential or mixed-use (residential and commercial) development shall be permitted in Hardyston Township and subject to the requirements of Subsection B, entitled "Affordable housing development fees."
(b)
An applicant for a mixed-use (residential and commercial development)
in Hardyston Township that elects these optional incentives shall
provide an affordable unit for each 5,000 square feet of additional
commercial square footage, subject to the following:
[1]
The commercial portion of the project shall be subject to the requirements of Subsection B, entitled "Affordable housing development fees."
[2]
The residential portion of the development shall
be required to provide the number of affordable housing units equivalent
to one affordable for every four market residential units.
(c)
As incentives to internally subsidize the required affordable
housing units in mixed-use developments, a developer may utilize the
following:
[1]
Developers shall be permitted to increase the overall
density of the residential units by 40% over the existing zoning.
[2]
Developers shall be permitted to construct affordable
residential units above or beside retail, office and mixed-use uses
in order to satisfy the residential affordable housing obligation
on site.
[3]
Developers shall be permitted to demonstrate shared
parking for mixed-use developments and, if demonstrated to be reasonable,
reduce the parking for the affordable housing portion of the developments
by 50%.
(4)
Low- and moderate-income split. Fifty percent of the affordable housing units required to be produced in accordance with Subsection C(2) and (3) hereinabove shall be available to low-income households, and 50% shall be available to moderate-income households, provided that any single remaining unit shall be available only to a low-income household. If only one affordable unit is required, it shall be a low-income unit, unless the Township Council authorizes it to be a moderate-income unit. Thirteen percent of the total affordable housing units shall be affordable to very-low-income households.
(5)
Compliance with COAH's rules and this subsection. All affordable
housing units shall fully comply with all applicable substantive rules
and policies of COAH, including, unless modified above, but not limited
to, bedroom distribution, controls on affordability, household income
qualification and eligibility, range of affordability, affirmative
marketing and the construction phasing of the market-rate versus the
affordable housing units. Thirteen percent of the total affordable
housing units shall be affordable to very-low-income households.
(6)
Payments in lieu. Pursuant to N.J.S.A. 52:27D-329.2 and 52:27D-329, a developer of a site zoned for inclusionary development may pay a fee in lieu of building low- and moderate-income units. For any residential development which proposes four or more residential units, the developer shall be required to provide on-site production of affordable housing. For any fractional or partial obligation remaining after the production of the mandated affordable housing units, the developer shall investigate alternative options for the required units and/or partial unit under Subsection C(7). If, after thorough investigation to the satisfaction of the Township Council, none of the options are available, the developer shall pay the pro-rata contribution for each new housing unit in an amount agreed to by the applicant and the Township of Hardyston.
(7)
Alternative methods of compliance.
(a)
Except for major subdivision or site plan approvals involving four or more units or 10,000 square feet of commercial space which require on-site production of affordable housing units, and further provided the developer obtains, as a condition of approval, written permission from the Hardyston Township Council, the developer may choose to satisfy its affordable housing obligation calculated in accordance with Subsection C(2) and (3), in compliance with one or more of the following alternatives as permitted by COAH's substantive rules as set forth below:
[1]
On-site production of affordable housing units;
[2]
The purchase of an existing market-rate dwelling
unit within the municipality and its conversion to an affordably priced
and affordably deed-restricted unit;
[3]
The purchase of an existing market-rate dwelling
unit within the municipality and its conversion to a supportive and
special needs housing facility (i.e., group home); and/or
[4]
Participation in gut rehabilitation and/or buy-down/write-down
or buy-down/rent-down programs; and/or
(b)
The developer's plan for satisfying the affordable housing
obligation created by the proposed development shall be submitted
to the Township Planning Board or Zoning Board at the time the application
for development is submitted for review and approval and shall be
considered a condition for the application being determined "complete."
The developer shall obtain written permission from the Township Council
endorsing the developer's plan for satisfying the affordable
housing obligation after the Council has received a recommendation
from the Planning Board.
(8)
Other design considerations.
(a)
More than one affordable unit may be on a building lot. Affordable
single-family, duplex, triplex and quadraplex structures are hereby
permitted in Hardyston Township.
(b)
The affordable housing structures shall be consistent in size
and architectural features with the neighborhood or as approved by
the Township Planning Board and/or Township Zoning Board of Adjustment.
(c)
Septic systems for the affordable housing units on the same
lot (other than in the Hardyston Town Center, which shall be connected
to the sewer system) may only share the leach field and shall be maintained
with an annual maintenance fee from each unit. Each owner shall maintain
other septic system components. Any septic system arrangement under
this provision is subject to the Board of Health approval.
(9)
Construction of affordable units. Residential units shall be
constructed on a schedule in accordance with the COAH regulations
as set forth below:
|
Percentage of Market-Rate Units Completed
|
Minimum Percentage of Very-Low-, Low- and Moderate-Income Units
Completed
|
|---|---|
|
25
|
0
|
|
25 plus 1 unit
|
10
|
|
50
|
50
|
|
75
|
75
|
|
90
|
100
|
(10)
Housing permitted. Incentive zoning affordable housing is a
permitted use in every residential and nonresidential zoning district,
except industrial zone districts, to the extent that production of
affordable housing units is mandated by this subsection.
(11)
Appeals. Developers subject to this inclusionary incentive zoning
and mandatory set-aside subsection may appeal to the reviewing board
pursuant to N.J.S.A. 40:55D-70c(1) hardship standards to demonstrate
to the satisfaction of the Board that the increased density or intensity
and/or reduced costs do not provide an appropriate level of compensation
commensurate with the amount of affordable housing required. The reviewing
board may grant relief, including, but not limited to, additional
incentives or reductions in the affordable units required or any combination
thereof deemed appropriate by the Board to eliminate the "hardship"
and provide sufficient incentives.
Any application which has been certified complete
and which is presently pending before the Planning Board or Zoning
Board of Adjustment by May 6, 1980, for any relief from or approval
pursuant to the provisions of the ordinance in effect at the time
of filing the application may continue; and any approval or relief
granted as to any such pending application shall be deemed to have
been made prior to the effective date of this chapter as to the premises
which were the subject of the application. Any building permit issued
prior to the effective date of this chapter shall continue to be valid
for the construction of the buildings and structures authorized therein,
provided that construction is commenced within 60 days from the effective
date hereof and is pursued diligently thereafter; provided, however,
that nothing herein shall be construed as extending the period for
which a building permit has been issued.
[Amended 7-18-2000 by Ord. No. 2000-14]
For any and every violation of the provisions of this chapter, the owner, contractor or other persons interested as general agent, architect, building contractor, owner, tenant or any other person who commits, takes part in or assists in any violation of this chapter or who maintains any building or premises in which any violation of this chapter shall exist and who shall have refused to abate said violation within five days after written notice shall have been served upon him, either by certified mail or personal service, shall for each and every violation be subject to the penalties set forth in Chapter 1, General Provisions. Each and every day that such violation continues after such notice shall be considered a separate and specific violation of this chapter.
This chapter shall be read in para materia with Chapter 33, Land Use Procedures, and, where appropriate, with Chapter 158, Subdivision of Land, and Chapter 147, Site Plan and General Development Plan Review.[1]
[1]
Editor's Note: Schedule I, Area, Yard and
Building Requirements, which immediately followed this section, as
amended, is on file in the Township offices.
[Added 7-9-2014 by Ord. No. 2014-08]
A.
Title; purpose; scope.
(1)
Title. This section shall be known and cited as the "Township
of Hardyston Highlands Preservation Area Exemption Ordinance."
(2)
Purpose. The purpose of this section is to set forth the procedural
and substantive requirements by which the municipality will issue
Highlands Act exemption determinations. Such determinations pertain
only to Highlands Act Exemptions 1, 2, 4, 5, 6, 7, and 8. Highlands
Act exemption determinations indicate whether proposed activities,
improvements or development projects affecting lands located within
the Township Highlands Preservation Area are exempt from the Highlands
Water Protection and Planning Act ("Highlands Act," N.J.S.A. 13:20-1
et seq.), and are therefore exempt from the Highlands Water Protection
and Planning Council's ("Highlands Council") Regional Master
Plan, the New Jersey Department of Environmental Protection's
(NJDEP) Highlands Water Protection and Planning Act Rules ("Preservation
Area Rules," N.J.A.C. 7:38-1 et seq.), and from any amendments to
the Township's Master Plan, development regulations, or other
regulations adopted pursuant to the approval of the Township's
Petition for Plan Conformance by the Highlands Council.
(3)
Scope/applicability. The provisions of this section pertain to activities, improvements and development projects involving lands located within the Township Highlands Preservation Area. The Highlands Area comprises that portion of the municipality for which the applicable provisions of the Township Master Plan, land use ordinances and other pertinent regulations have been deemed by the Highlands Council to be in conformance with the Highlands Regional Master Plan (RMP) [see Subsection C(1)(a)]. The provisions of this section shall not be construed to alleviate any person or entity from the provisions and requirements of any other applicable ordinances, rules, or regulations of the municipality, or from any other applicable law, regulation, or requirement of any county, state, or federal authority having jurisdiction; nor shall the provisions of this section deprive any person or entity from seeking a Highlands exemption determination from the NJDEP or the Highlands Council.
(4)
Statutory authority. This section is adopted under the authority
of the Highlands Act and the New Jersey Municipal Land Use Law ("MLUL,"
N.J.S.A. 40:55D-1 et seq.). In the Highlands Act, the Legislature
identified numerous categories of activities that are exempt from
the Act, the RMP, the Preservation Area Rules, and any amendments
to a master plan, development regulations, or other regulations adopted
by a local government to conform to the RMP. See N.J.S.A. 13:20-28.
The Legislature granted the Highlands Council the authority to administer
the plan conformance process and to approve, reject, or approve with
conditions municipal plan conformance petitions. See N.J.S.A. 13:20-14
and 13:20-15. The Legislature, through the MLUL, granted authority
to New Jersey municipalities to govern land use and development within
their borders and, through the Highlands Act, established requirements
for Highlands municipalities to conform their land use and development
regulations to the RMP. In a July 19, 2012, Memorandum of Understanding
(MOU) between the Highlands Council and the NJDEP, the Council and
the NJDEP recognized the circumstances in which it would be appropriate
for conforming, Highlands Council-certified municipalities to make
determinations regarding specified Highlands Act exemptions.
B.
Definitions.
(1)
Word usage. Terms used in the body of this section which are
defined by the Highlands Act (N.J.S.A. 13:20-3) are intended to have
the same definitions as provided in the Highlands Act. Unless expressly
stated to the contrary or alternately defined herein, terms which
are defined by the MLUL are intended to have the same meanings as
set forth in the MLUL. For purposes of this section, the terms "shall"
and "must" are indicative of a mandatory action or requirement while
the word "may" is permissive.
(2)
AGRICULTURAL IMPERVIOUS COVER
AGRICULTURAL or HORTICULTURAL DEVELOPMENT
AGRICULTURAL or HORTICULTURAL USE
APPLICANT
APPLICATION FOR DEVELOPMENT
BUILDING PERMIT
CONSTRUCTION PERMIT
DEVELOPMENT
DISTURBANCE
DISTURBANCE, ULTIMATE
(a)
(b)
ENVIRONMENTAL LAND USE or WATER PERMIT
FARM MANAGEMENT UNIT
FARMSITE
FOREST MANAGEMENT PLAN
HIGHLANDS APPLICABILITY DETERMINATION
HIGHLANDS AREA
HIGHLANDS PRESERVATION AREA APPROVAL (HPAA)
IMMEDIATE FAMILY MEMBER
IMPERVIOUS SURFACE
IMPERVIOUS SURFACES, CUMULATIVE
MAJOR HIGHLANDS DEVELOPMENT
(a)
(b)
(c)
(d)
MASTER PLAN
MASTER PLAN, HIGHLANDS REGIONAL (RMP)
MUNICIPAL LAND USE LAW (MLUL)
NJDEP
NJDEP PRESERVATION AREA RULES
PLANNING AREA
PRESERVATION AREA
SOLAR PANEL
STRUCTURE
Definitions. For purposes of this section, the following definitions
shall apply:
Agricultural or horticultural buildings, structures or facilities
with or without flooring, residential buildings and paved areas, but
not meaning temporary coverings. (N.J.S.A. 13:20-3)
Construction for the purposes of supporting common farmsite
activities, including, but not limited to, the production, harvesting,
storage, grading, packaging, processing, and the wholesale and retail
marketing of crops, plants, animals, and other related commodities
and the use and application of techniques and methods of soil preparation
and management, fertilization, weed, disease, and pest control, disposal
of farm waste, irrigation, drainage and water management, and grazing.
(N.J.S.A. 13:20-3)
The use of land for common farmsite activities, including,
but not limited to, the production, harvesting, storage, grading,
packaging, processing, and the wholesale and retail marketing of crops,
plants, animals, and other related commodities and the use and application
of techniques and methods of soil preparation and management, fertilization,
weed, disease, and pest control, disposal of farm waste, irrigation,
drainage and water management, and grazing. (N.J.S.A. 13:20-3)
Any entity applying to the Board of Health, Planning Board,
Zoning Board of Adjustment, Zoning Officer, Construction Official
or other applicable authority of the municipality for permission or
approval to engage in an activity that is regulated by the provisions
of this section.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance, or direction of the
issuance of a permit pursuant to Section 25 or Section 27 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36).
Used interchangeably with the term "construction permit,"
see definition below.
A permit issued pursuant to the New Jersey Uniform Construction
Code, Chapter 23 of Title 5 of the New Jersey Administrative Code
(N.J.A.C. 5:23-1 et seq.), providing authorization to begin work subject
to the conditions and requirements established under the provisions
therein.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any building or other structure, or
of any mining excavation or landfill, and any use or change in the
use of any building or other structure, or land or extension of use
of land, for which permission may be required pursuant to the MLUL.
(N.J.S.A 13:20-3; N.J.S.A. 40:55D-4)
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
(N.J.S.A. 13:20-3)
The total existing or proposed area of disturbance of a lot,
parcel, or other legally designated (or otherwise legally recognized)
tract or subdivision of land, for the purpose of, and in connection
with, any human activity, property improvement, or development, including
the surface area of all buildings and structures, all impervious surfaces,
and all associated land disturbances such as excavated, filled, and
graded areas, and all lawn and landscape areas. Ultimate disturbance
shall not include areas of prior land disturbance which, at the time
of evaluation:
Contain no known man-made structures (whether above or below
the surface of the ground) other than such features as old stone rows
or farm field fencing; and
Consist of exposed rock outcroppings, or areas which, through
exposure to natural processes (such as weathering, erosion, siltation,
deposition, fire, flood, growth of trees or other vegetation) are
no longer impervious or visually obvious, or ecologically restored
areas which will henceforth be preserved as natural areas under conservation
restrictions.
A permit, approval, or other authorization issued by the
Department of Environmental Protection pursuant to the Freshwater
Wetlands Protection Act, P.L. 1987, c. 156 (N.J.S.A. 13:9B-1 et seq.),
the Water Supply Management Act, P.L.1981, c. 262 (N.J.S.A. 58:1A-1
et seq.), the Water Pollution Control Act, P.L. 1977, c. 74 (N.J.S.A.
58:10A-1 et seq.), the Realty Improvement Sewerage and Facilities
Act (1954), P.L. 1954, c. 199 (N.J.S.A. 58:11-23 et seq.) the Water
Quality Planning Act, P.L. 1977, c.75 (N.J.S.A. 58:11A-1 et seq.),
the Safe Drinking Water Act, P.L. 1977, c. 224 (N.J.S.A. 58:12A-1
et seq.), or the Flood Hazard Area Control Act, P.L. 1962, c. 19 (N.J.S.A.
58:16A-50 et seq.). (N.J.S.A. 13:20-3)
A parcel or parcels of land, whether contiguous or noncontiguous,
together with agricultural or horticultural buildings, structures
and facilities, producing agricultural or horticultural products,
and operated as a single enterprise. (N.J.S.A. 13:20-3)
A farm management unit as defined above.
A written guidance document describing the forest resources
present on a property, the landowner's management goals and objectives,
and the recommended practices or activities to be carried out over
time on the land. This tool is used to evaluate a forest land's
current state and provide a management process which, over time, meets
the landowner's objectives, while maintaining health and vigor
of the resource. Forest management plans are typically written for
a ten-year period. (RMP, Glossary)
A determination made by the NJDEP (pursuant to N.J.A.C. 7:38-2.4)
indicating whether a project proposed for the Preservation Area is
a major Highlands development, whether any such major Highlands development
is exempt from the Highlands Act, and whether the project is consistent
with the applicable Areawide Water Quality Management Plan.
That portion of the municipality for which the land use planning
and regulation are in conformance with, or are intended or proposed
to be in conformance with, the Highlands RMP.
An approval issued by the NJDEP pursuant to N.J.A.C. 7:38-6
pertinent to a regulated activity in the Highlands Preservation Area,
and including an HPAA that contains a waiver pursuant to N.J.S.A.
13:20-33b.
A spouse, child, parent, sibling, aunt, uncle, niece, nephew,
first cousin, grandparent, grandchild, father-in-law, mother-in-law,
son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister,
half brother, or half sister, whether the individual is related by
blood, marriage, or adoption. (N.J.S.A. 13:20-3)
Any structure, surface, or improvement that reduces or prevents
absorption of stormwater into land, including, but not limited to,
porous paving, paver blocks, gravel, crushed stone, decks, patios,
elevated structures, and other similar structures, surfaces, or improvements.
(N.J.S.A. 13:20-3)
The total area of all existing or proposed impervious surfaces
situated or proposed to be situated within the boundary lines of a
lot, parcel, or other legally recognized subdivision of land, expressed
either as a measure of land area such as acreage, or square feet,
or as a percentage of the total lot or parcel area.
Except as otherwise provided pursuant to subsection a of
Section 30 of the Highlands Act ("Exemptions"):
Any nonresidential development in the Preservation Area;
Any residential development in the Preservation Area that requires
an environmental land use or water permit (from the NJDEP, see definition
above), or that results in the ultimate disturbance of one acre or
more of land or a cumulative increase in impervious surface by 1/4
acre or more;
Any activity undertaken or engaged in the Preservation Area
that is not a development but results in the ultimate disturbance
of 1/4 acre or more of forested area or that results in a cumulative
increase in impervious surface by 1/4 acre or more on a lot; or
Any capital or other project of a state entity or local government
unit in the Preservation Area that requires an environmental land
use or water permit (from the NJDEP, see definition above), or that
results in the ultimate disturbance of one acre or more of land or
a cumulative increase in impervious surface by 1/4 acre or more. Major
Highlands development shall not include any agricultural or horticultural
development or agricultural or horticultural use. Solar panels shall
not be included in any calculation of impervious surface. (as defined
by the Highlands Act, N.J.S.A. 13:20-1 et seq., as amended)
For purposes of this section, all references to the "Township
Master Plan," "master plan," or "Master Plan" refer to the Municipal
Master Plan, as defined in the MLUL (N.J.S.A. 40:55D-5), as adopted
by the Township Planning Board.
For purposes of this section, all references to the "Highlands
Regional Master Plan (RMP)" shall be by use of the words "Highlands
Regional Master Plan," "Highlands RMP," "Regional Master Plan," or
"RMP."
The New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
New Jersey Department of Environmental Protection.
The regulations established by the NJDEP to implement requirements
of the Highlands Act, titled "Highlands Water Protection and Planning
Act Rules," and codified at N.J.A.C. 7:38-1 et seq.
Lands within the Highlands Region that are not located in
that portion designated by the Highlands Act as the "Preservation
Area" (see metes-and-bounds description at N.J.S.A. 13:20-7b).
Lands within the Highlands Region that are not located in
that portion designated by the Highlands Act as the "Preservation
Area" (see metes-and-bounds description at N.J.S.A. 13:20-7b).
An elevated panel or plate, or a canopy or array thereof,
that captures and converts solar radiation to produce power, and includes
flat plate, focusing solar collectors, or photovoltaic solar cells
and excludes the base or foundation of the panel, plate, canopy, or
array. (N.J.S.A. 13:20-3)
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above, or below the surface
of a parcel of land.
C.
Geographic area of applicability.
(1)
Highlands Planning Area and Preservation Area. The Highlands
Act establishes the Preservation Area and Planning Area of the Highlands
Region. It describes the varied attributes of each and sets forth
the major land use planning goals that pertain to the lands located
within each. The Act defines the geographic extent of the Highlands
Region to include the aggregated land area making up its constituent
municipalities (N.J.S.A. 13:20-7a). It provides a physical delineation
of the Preservation Area by use of a specific metes-and-bounds description
(N.J.S.A. 13:20-7b), designating all remaining lands within the Highlands
Region as the Planning Area.
(a)
Highlands Area. The Township Master Plan incorporates the Highlands
Preservation Area, inclusive of the goals applicable to it, as an
integral component of the planning and land use policies of the municipality.
For purposes of this section, this area is designated as the Township
Highlands Preservation Area. A map of the Township Highlands Preservation
Area appears in Exhibit 1.[1]
[1]
Editor's Note: Exhibit 1 is included as an attachment
to this chapter.
(b)
Applicability specified. This section applies specifically and
solely to lands designated as the Township Highlands Preservation
Area, as delineated in Exhibit 1.
D.
Highlands Act exemption determinations.
(1)
Highlands Act exemptions. Section 30 of the Highlands Act identifies as exempt, specific activities, improvements and development projects affecting lands within the Highlands Region. Such activities, improvements and projects may be proposed as a component of any type of land use application submitted to the municipality for approval, including but not limited to zoning permit applications, building permit applications, and applications for development [as defined at Subsection B(2)]. Any such qualifying activity, improvement or development project is exempt, with regard specifically to that activity, improvement or development project, from the requirements of the Highlands Act, the Highlands RMP, the NJDEP Preservation Area Rules, and any amendments to the Township's Master Plan, development regulations, or other regulations adopted pursuant to the approval of the Township's Petition for Plan Conformance by the Highlands Council. Such an exemption specifically applies to any Highlands Area land use ordinance adopted by the Township pursuant to the Highlands Council's approval of the Township's Petition for Plan Conformance. Where any application submitted to the municipality for approval proposes to rely upon a Highlands Act exemption, the applicant must, as a condition of application completeness, and prior to review or approval of the application by the applicable municipal authority, provide sufficient evidence that the proposed activity, improvement, or development project in fact qualifies as a Highlands Act exemption. Such evidence shall consist of either a state agency exemption determination or a municipal exemption determination [see Subsection D(1) or Subsection D(1)(b) below] indicating that the proposed activity, improvement, or development project qualifies for a Highlands Act exemption.
(a)
State agency exemption determination. State agency exemption determinations shall consist of either a Highlands applicability determination issued by the NJDEP for a Preservation Area proposal or a Highlands exemption determination issued by the Highlands Council for a Planning Area proposal. State agency determinations may be requested with regard to any Highlands Act exemption; however, for applications involving any exemption not identified at Subsection D(2) below, a state agency exemption determination is required. Any applicant seeking a formal exemption determination for a capital or other project of any state entity or local government unit, or for any other publicly owned or controlled land or facility, also must request a state agency exemption determination.
(b)
Municipal exemption determination. For an application involving any of the specific exemptions listed in Subsection D(2) below, the applicant may request a municipal exemption determination. The applicant may rely upon the findings of a municipal exemption determination to the same extent as would apply to an exemption determination issued by the Highlands Council or the NJDEP.
(2)
Highlands Act exemptions eligible for municipal determination.
Effective as of the date on which the municipality receives written
authorization from the Highlands Council to proceed, an applicant
may seek a municipal exemption determination for the Highlands Act
exemptions listed hereunder.
(a)
Exemption 1. The construction of a single-family dwelling, for
an individual's own use or the use of an immediate family member,
on a lot owned by the individual on the date of enactment of the Highlands
Act (August 10, 2004) or on a lot for which the individual entered
into a binding contract of sale to purchase on or before May 17, 2004.
(b)
Exemption 2. The construction of a single-family dwelling on
a lot in existence on the date of enactment of the Highlands Act (August
10, 2004), provided that the construction does not result in the ultimate
disturbance of one acre or more of land or a cumulative increase in
impervious surface by 1/4 acre or more.
[1]
A municipal exemption determination indicating that an applicant qualifies under Highlands Act Exemption 2 shall require approval and filing of a deed notice along with a site plan delineating the total exempt area and the extent of the disturbance recognized in the municipal exemption determination [see Subsection D(4) below]. Municipal exemption determinations in such instances shall not take effect until the applicant has provided proof of filing of the approved deed notice.
(c)
Exemption 4. The reconstruction of any building or structure
for any reason within 125% of the footprint of the lawfully existing
impervious surfaces on the site, provided that the reconstruction
does not increase the lawfully existing impervious surface by 1/4
acre or more. This exemption shall not apply to the reconstruction
of any agricultural or horticultural building or structure for a nonagricultural
or nonhorticultural use.
[1]
For purposes of this section, this exemption shall
not be construed to permit multiple 125% footprint expansions, but
rather, to permit one or more reconstruction activities cumulatively
resulting in a maximum 125% increase in the footprint of the impervious
surfaces lawfully existing on the site, provided they do not cumulatively
exceed the one-fourth-acre limitation. Any determination of whether
the expansion of impervious cover meets the statutory criteria for
the exemption must account for the preexisting impervious cover, and
such expansion must be contiguous to the location of the existing
impervious cover. See In re August 16, 2007 Determination of NJDEP
ex rel. Christ Church, 414 N.J. Super. 592 (App. Div. 2010), certif.
denied, 205 N.J. 16 (2010).
[2]
For Preservation Area determinations, the applicable
date of lawful existence shall be August 10, 2004, the date of enactment
of the Highlands Act. For Planning Area determinations, the date of
lawful existence shall coincide with the effective date of the municipally
adopted Highlands Area Checklist Ordinance or Highlands Area Land
Use Ordinance, whichever is earlier.
(d)
Exemption 5. Any improvement to a single-family dwelling in
existence on the date of enactment of the Highlands Act (August 10,
2004), including but not limited to an addition, garage, shed, driveway,
porch, deck, patio, swimming pool or septic system.
(e)
Exemption 6. Any improvement, for nonresidential purposes, to
a place of worship owned by a nonprofit entity, society or association,
or association organized primarily for religious purposes, or a public
or private school, or a hospital, in existence on the date of enactment
of the Highlands Act (August 10, 2004), including but not limited
to new structures, an addition to an existing building or structure,
a site improvement, or a sanitary facility.
(f)
Exemption 7. An activity conducted in accordance with an approved
woodland management plan pursuant to Section 3 of the Farmland Assessment
Act, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.3), or a forest stewardship
plan approved pursuant to Section 3 of P.L. 2009, c. 256 (N.J.S.A.
13:1L-31), or the normal harvesting of forest products in accordance
with a forest management plan or forest stewardship plan approved
by the State Forester.
(g)
Exemption 8. The construction or extension of trails with nonimpervious
surfaces on publicly owned lands or on privately owned lands where
a conservation or recreational use easement has been established.
(3)
Exemption designee(s). Municipal exemption determinations regarding
Highlands Act exemptions shall be issued by the Township Planner and/or
Zoning Officer. The exemption designee(s) shall be authorized to issue
municipal exemption determinations on behalf of the municipality and
shall only begin to do so after satisfactory completion of a Highlands
Council training class for which the individual(s) has/have received
formal certification from the Highlands Council.
(a)
Updates to training certification. In the event of programmatic
changes, updated information, or modifications to procedures, updated
training certification may be required of exemption designees in order
to maintain qualifications for providing municipal exemption determinations.
The Highlands Council will provide training modules on an as-needed
basis, to provide base training to new employees, and/or to further
the expertise of already certified individuals. Exemption designees
and the municipalities they serve will be advised of any need for
upgraded training, which will be provided and funded by the Highlands
Council.
(b)
Interim determinations. For the duration of any period during which the municipality is without a qualified exemption designee(s) due to changes in personnel or other extenuating circumstances, applicants seeking Highlands Act exemption determinations shall be referred to the NJDEP or the Highlands Council for a state agency determination pursuant to Subsection D(1)(a) above.
(4)
Application procedures.
(a)
Municipal exemption applications. Requests for municipal exemption determination shall be submitted on forms provided by the Planning Department and shall be accompanied by sufficient information and documentary evidence to demonstrate whether the proposed activity, improvement or development project qualifies for the applicable exemption. Required submission materials applicable to each exemption appear at Subsection D(8) below.
(b)
Completeness determination. The exemption designee shall review
the application and all accompanying materials to determine whether
sufficient information has been submitted to make a determination
on the application. In the event of a finding that the application
is incomplete, the exemption designee shall, within 10 business days
of receipt, issue such findings in writing to the applicant, indicating
what information is required to properly consider the application.
(c)
Time for determination. The exemption designee shall issue municipal
exemption determinations within 10 business days of receipt of a complete
application. The exemption designee may consult with the Executive
Director (or applicable designee) of the Highlands Council as needed
in making any exemption determination, however. In such circumstance,
the exemption designee shall seek such assistance within the ten-day
period and shall issue the determination within at least 10 calendar
days of receiving the requested guidance. In no case shall failure
to meet this date constitute approval of the exemption.
(d)
Determinations. All municipal exemption determinations shall be provided in writing, shall certify to the applicability or inapplicability of the exemption, and shall include a statement of the rationale for the decision. Any municipal exemption determination certifying to the applicability of Highlands Act Exemption No. 2 shall be contingent upon submission of proof of filing of the required deed notice, as set forth at Subsection D(4)(f) below.
(e)
Notice of determination required. The exemption designee shall
provide copies of all municipal exemption determinations, including
a copy of the full application, to the Highlands Council and for decisions
regarding lands in the Highlands Preservation Area, and to the NJDEP,
in either case, within 10 business days of issuance.
(f)
Deed notice for exemption No. 2. Any municipal exemption determination that certifies to the applicability of Highlands Act Exemption No. 2 [Subsection D(2) above] shall be issued conditionally, pending fulfillment of the requirement that a deed notice be recorded in the office of the County Clerk or Register, as applicable, indicating the extent of the exemption that has been consumed. The deed notice shall incorporate each of the components listed below, and the applicant shall provide a copy of the filed deed notice to the Highlands Council within five business days of filing.
[1]
Clear identification of the name(s) and address(es)
of the owner(s) in fee of the property;
[2]
Designated tax block and lot number(s), street
address(es), municipality and county of location of the property;
[3]
Reference to the municipal exemption determination
(by date, numbering if applicable) issued and under which the deed
notice is being filed;
[4]
Description of the approved area of ultimate disturbance
and the impervious surface area, with verification that these remain
below the statutory limits;
[5]
For properties of one acre or more in area, metes-and-bounds
delineation indicating the portion of the property for which the ultimate
disturbance has been authorized;
[6]
Agreement to abide by the ultimate disturbance
and impervious surface limits imposed, any furtherance thereof rendering
the municipal exemption determination null and void; and
[7]
Notice that the owner(s) and subsequent owner(s)
and lessees shall cause all leases, grants, and other written transfers
of interest in the property to contain provisions expressly requiring
all holders thereof to take the property subject to the limitations
therein set forth.
(5)
Appeal of municipal exemption determination. A municipal exemption
determination may be appealed by any affected person/entity by filing
a notice of appeal within 20 calendar days of issuance or receipt
of said determination, whichever is later, specifying the grounds
therefor. Appeals must be filed with the NJDEP in the case of any
Preservation Area exemption and with the Highlands Council in the
case of any Planning Area exemption. All appeals shall be copied to
the exemption designee, who shall immediately transmit to the NJDEP
or the Highlands Council, as applicable, copies of the notice of appeal,
the municipal exemption determination application, and all supplemental
materials constituting the record that the exemption designee relied
upon in issuing the municipal exemption determination. Where the municipal
exemption determination deems an activity, improvement or development
project exempt, the filing of an appeal to the NJDEP or the Highlands
Council shall stay all proceedings in furtherance of its approval
by the municipality.
(6)
Effect of certified exemption. Issuance of a municipal exemption
determination that certifies to the applicability of a Highlands Act
exemption shall recognize the applicant's exemption from the
provisions of the RMP, NJDEP Preservation Area Rules, and any municipal
ordinances and requirements adopted under the authority of the Highlands
Act to achieve Highlands Plan conformance. The exemption is restricted
solely to the extent of the specified activity, improvement, or development
project as described in the language of the Highlands Act exemption,
or to any lesser activity, improvement, or development project as
proposed and certified through a municipal exemption determination
application. Any activity, improvement, or development project, or
any part thereof, that is not specifically listed as an exemption,
or exceeds the limits of an exemption, remains subject to all of the
above regulatory programs to the full extent of the respective applicability
of each. Issuance of a Highlands exemption determination shall not
relieve the applicant from securing all other required federal, state,
or local approvals.
(7)
Application fees. Municipal exemption determination: $50.
(8)
Submission requirements. All applications shall be accompanied
by the municipal exemption determination application form, the applicable
fees, and the information listed below, as applicable to the particular
exemption or exemption(s) being sought by the applicant. All references
to professional preparers indicated herein shall be construed to include
any and all qualified individuals licensed, certified, or otherwise
eligible and authorized to complete such work, in accordance with
the applicable laws and legal requirements of the State of New Jersey,
including but not limited to the MLUL (N.J.S.A. 40:55D-1 et seq.)
and Title 13 of the New Jersey Administrative Code, Law and Public
Safety. Where the exemption designee finds that any submission item
is not necessary to address the evidentiary requirements that must
be satisfied for issuance of an exemption determination, either because
alternate items have been provided by the applicant, or the relevant
information is readily available through records, maps, or any other
documents on file in the offices of the municipality, the exemption
designee may waive the applicant's obligation to submit such
information.
(a)
Exemption 1.
[1]
A copy of a deed, closing or settlement statement,
title policy, tax record, mortgage statement or any other official
document showing that the lot was legally owned by the applicant on
or before August 10, 2004, and indicating the lot and block as designated
by the municipal tax mapping, the municipality and county in which
the lot is located, and the street address;
[2]
If the applicant did not own the lot, a copy of
the binding contract of sale executed by the seller and the applicant
on or before May 17, 2004, for the lot on which the house is to be
constructed; and
[3]
A certification by the applicant stating that the
single-family dwelling proposed for construction on the lot specified
and described therein by tax lot and block, municipality and county
of location, and street address, is intended for the applicant's
own use or the use of an immediate family member as identified therein
by name and relationship to the applicant.
(b)
Exemption 2.
[1]
A copy of the recorded deed or plat showing that
the lot was created on or before August 10, 2004, or proof of subdivision
approval on or before August 10, 2004;
[2]
A property survey certified by a licensed New Jersey
professional land surveyor indicating the property boundary lines
and overall lot size and showing what structures currently exist on
the lot, if any;
[3]
A parcel plan certified by a licensed New Jersey
professional engineer showing all existing and proposed development,
including all structures, grading, clearing, impervious surface and
disturbance, and including the calculations supporting the claim that
impervious surfaces and areas of disturbance are within the limits
necessary for Exemption 2; and
(c)
Exemption 4.
[1]
A parcel plan certified by a licensed New Jersey
professional engineer depicting:
[a]
All existing property improvements, including all
structures, grading, clearing, impervious surfaces and limits of disturbance,
lawfully existing on the site as of August 10, 2004, for Preservation
Area projects and as of the effective date of the municipal Highlands
Area Checklist Ordinance or Highlands Area Land Use Ordinance, whichever
is earlier; and
[b]
All proposed development, including all structures,
impervious surfaces, clearing limits, and limits of disturbance, including
grading; and
[2]
A copy of any official documentation of the original
date of construction of the building or otherwise establishing the
lawfulness of existing impervious surfaces.
(d)
Exemption 5.
[1]
A copy of any official documentation proving the
single-family dwelling was in existence on August 10, 2004;
[2]
A description of the proposed improvement; and
[3]
A certification from the applicant that the property
and all improvements will continue to be used for single-family dwelling
purposes.
(e)
Exemption 6.
[1]
A copy of any official documentation indicating
that the place of worship, public or private school or hospital was
in existence on August 10, 2004;
[2]
For improvements to a place of worship, documentation
showing that the entity, society or association, or association organized
primarily for religious purposes, has nonprofit status;
[3]
A site plan certified by a licensed New Jersey
professional engineer depicting:
[a]
All existing property improvements, including all
structures, grading, clearing, impervious surfaces and limits of disturbance,
existing on the site on August 10, 2004; and
[b]
All proposed development, including all structures,
impervious surfaces, clearing limits, and limits of disturbance, including
grading.
(f)
Exemption 7.
[1]
For a private landowner with an approved woodland
management plan or forest stewardship plan:
[a]
A copy of the applicant's tax bill showing
that the site has farmland assessment tax status under the New Jersey
Farmland Assessment Act, N.J.S.A. 54:4-23.1 et seq., if applicable;
[b]
A brief description of the total area of woodlands
that is the subject of the approved woodland management plan or forest
stewardship plan;
[c]
A brief description of the length of time that
the area to be managed has been in use for woodland management or
forest stewardship plan; and
[d]
A copy of the approved woodland management plan
or forest stewardship plan.
[2]
For the normal harvesting of forest products in
accordance with a forest management plan or forest stewardship plan
approved by the State Forester:
[a]
A brief description of the total area where the
normal harvesting of forest products occurs;
[b]
A brief description of the length of time that
the area to be managed has been in use for normal harvesting of forest
products; and
[c]
A copy of a forest management plan or forest stewardship
plan approved by the State Forester.
(g)
Exemption 8.
[1]
A site plan certified by a licensed New Jersey
professional engineer showing the proposed trail construction, with
details including the location, and width of existing and proposed
trails and those off-site trails to which they connect, if any;
[2]
A written description of the nonimpervious materials
to be used; and
[3]
For privately owned property, a copy of a deed
for the property and the conservation or recreational use easement
on the property.
