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Borough of North Haledon, NJ
Passaic County
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Table of Contents
Table of Contents
[Added 4-13-1988 by Ord. No. 7-1988; amended 12-16-1998 by Ord. No. 17-1998[1]]
[1]
Editor's Note: This ordinance changed the title of Article XVII from "Conditional Use Townhouse District" to "Affordable Housing Townhouse District-2."
It is the intent of the within article to create an Affordable Housing Townhouse District-2. It is the further intent of the within article to make it realistically possible to provide low- and moderate-income housing to meet the need for a variety of housing in the Borough of North Haledon.
[Amended 2-21-2001 by Ord. No. 2-2001]
The following tracts of land are hereby rezoned and included in the Affordable Housing Townhouse District-2 (AHTD-2):
A. 
Squaw Brook Run, Block 61, Lot 8.
B. 
Laino-Summit Point, Block 58, Lots 7.01, 13.01 and 14.
In the AHTD-2 Zone District, attached one-family dwellings shall be a permitted use in accordance with the standards provided herein.
The following words and terms shall have the definitions hereinafter provided:
ACTIVE RECREATION AREA
A parcel of land dedicated and designed for the use and enjoyment of the owners and residents of the development, provided that said area may be improved with buildings, structures and facilities incidental to the recreation use.
BASEMENT
A story partly above grade level having more than 1/2 of its floor-to-ceiling height above the average level of the adjoining ground. For the purposes of this chapter, a basement used for residential purposes must have more than 50% of its volume of space above the grade elevation to qualify as a story.
BEDROOM
A room for sleeping. Each townhouse unit shall have at least one bedroom with a minimum area of 150 square feet, and other bedrooms shall contain a minimum area of 120 square feet.
BUILDING COVERAGE
The percentage of gross development site area that is occupied by buildings or structures, including all roof areas.
BUILDING HEIGHT
The vertical distance measured from the mean level of the ground surrounding the building to the highest point of the roof, but not including chimneys, spires, towers, elevator penthouses, tanks and similar projections.
CELLAR
A story below or partly above grade level having 1/2 or more of its floor-to-ceiling height below the average level of the adjoining ground.
COMMON OPEN SPACE
An area of unimproved land within the site designated for development; provided, however, that recreational facilities with attendant buildings, structures and facilities may be situated therein, as well as common building areas.
DRIVEWAY
The limited vehicular access road servicing a cluster of buildings in the development.
GROSS DEVELOPMENT SITE AREA
The gross area of the tract proposed for the townhouse development prior to any subdivision.
LOCALIZED DENSITY
The number of units per acre in an area impacted by development within a radius of 100 feet from the residential structures.
MINIMUM HABITABLE FLOOR AREA
The finished and heated area of a dwelling unit that is fully enclosed by the inside surfaces of walls and windows, excluding cellars, basements, attics, porches, garages, terraces, carports, heating rooms and any unheated area. The ceiling height of 75% of the area must be at least seven feet six inches.
PARKING STALL
The individual parking area serving each unit in a cluster in the development.
ROADWAY
Any road that serves the project.
SETBACK
The shortest horizontal distance measured from any external lot line to the nearest point of construction within the development.
STORY
That portion of a building included between the surface of any floor and the surface of the floor above it.[1]
TOWNHOUSES
A building containing two or more dwelling units, each dwelling unit separated by plane vertical party walls (horizontal townhouses) or one-over-one dwelling units (vertical townhouses), separate and apart, each having direct access to the outside and the street without use of a common hall or passageway.
[1]
Editor's Note: The former definition of "total site coverage," which immediately followed this definition, was repealed 8-15-2018 by Ord. No. 15-2018.
A. 
An "accessory use" is any use which is subordinate but related and customarily incidental to the principal permitted use, such as:
(1) 
Signs as otherwise regulated in the Borough ordinances.
(2) 
Noncommercial swimming pools, tennis courts and other outdoor recreational facilities.
(3) 
Private garages and off-street parking for private vehicles not exceeding three-fourths-ton capacity.
No tract, parcel or lot may be developed as a planned residential development except in conformity with the within article.
Townhouse units shall be designed in accordance with the following standards:
A. 
Maximum building or structure length: 150 feet.
B. 
Horizontal townhouse building, maximum number of units in a single structure: five.
C. 
A building that has both vertical and horizontal townhouse buildings, maximum number of units in a single structure: six.
D. 
Maximum building height: 2 1/2 stories, not to exceed 35 feet, except that, on a slope, a building may have three exposed stories at the lower portion of the slope.
E. 
Maximum number of habitable stories: 2 1/2. No more than 50% of the base in a three-story structure shall be used for habitable purposes, which shall not include garaging, storage and utilities.
F. 
Maximum number of horizontal units before a horizontal break: three.
G. 
Minimum break in horizontal alignment: four feet.
H. 
Minimum distances between buildings:
(1) 
Front to front: 90 feet.
(2) 
Front to rear: 60 feet.
(3) 
Front to side: 60 feet.
(4) 
Side to side: 40 feet.
(5) 
Side to rear: 40 feet.
(6) 
Rear to rear: 60 feet.
I. 
Minimum building setback from public or private main access roads: 40 feet.
J. 
Minimum building setbacks from internal driveways: 20 feet.
K. 
Minimum building setback from parking areas: 15 feet.
L. 
The minimum habitable floor area shall be:
(1) 
One-bedroom unit: 800 square feet.
(2) 
Two-bedroom unit: 1,000 square feet.
(3) 
Three-bedroom unit: 1,200 square feet.
Distribution of dwelling units shall be as follows:
A. 
Horizontal townhouses: 80% to 100%.
B. 
Vertical townhouses with a maximum of two dwelling units: 0% to 20%.
Land use density requirements shall be as follows:
A. 
Maximum gross density: 2 1/2 units per acre.
B. 
Maximum localized density: 4 1/2 units per acre.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Off-street parking requirements per dwelling unit shall be as follows:
(1) 
Townhouse:
(a) 
One bedroom: 1.8 spaces per unit.
(b) 
Two bedrooms: 2.3 spaces per unit.
(c) 
Three bedrooms: 2.4 spaces per unit.
(2) 
Number of off-street parking spaces required to be enclosed for townhouse: one per unit.
(3) 
Parking stall size: exclusive of access aisle, nine feet by 18 feet.
B. 
There shall be no parking of any vehicle along roadways and driveways.
Area, bulk and yard regulations shall be as follows:
A. 
Minimum lot area: 18 acres.
B. 
Minimum lot frontage along a county or municipal road: 50 feet.
C. 
Setbacks from external lot lines:
(1) 
Front yard: 75 feet.
(2) 
Side yard:
(a) 
One: 75 feet.
(b) 
Two: 150 feet.
(3) 
Rear yard: 75 feet.
D. 
Coverage:
(1) 
Maximum building area coverage: 10%.
(2) 
Maximum impervious coverage: 30%.
[Amended 8-15-2018 by Ord. No. 15-2018]
(3) 
Minimum required open space: 25%.
(4) 
Maximum amount of disturbed area: 50%.
E. 
Grades:
(1) 
Maximum original grade of buildable area for structures: 30%.
(2) 
Maximum original grade for roadways, driveways and parking areas: 15%.
(3) 
Maximum improved grade for roadways: 12%.
(4) 
Maximum improved grade for driveways: 10%.
(5) 
Maximum improved grade for parking areas: 6%.
F. 
Accessory buildings:
(1) 
Minimum distance from principal building: 20 feet.
(2) 
Community buildings and active recreation areas from residential structures: 100 feet.
(3) 
Minimum distance from roadway: 25 feet.
Circulation requirements shall be as follows:
A. 
Any development or cluster within a development shall have two separate access points to the roadway servicing the development. If the main access to any development from the public road is limited to one roadway, said roadway must be a divided roadway containing one exit and one entrance lane, each 20 feet in width and separated from each other by a divider with an average width of not less than 10 feet and having a length not less than 100 feet.
B. 
Roadway and driveway widths shall be in accordance with the requirements of the ordinances of the Borough and RSIS Standards, as applicable.
C. 
Construction of pavement of all roadways shall conform to the Borough standards for public roads.
D. 
Construction or paving of all driveways shall conform to the Borough standards for paving as contained in Borough ordinances.
E. 
Sidewalks shall be required along the portion of the tract fronting on an existing public street and shall meet the sidewalk specifications in the Borough ordinances, unless waived by the Planning Board.
F. 
Sidewalks on site, other than as provided in Subsection E, shall be constructed in such locations as the Planning Board shall require in the interest of safety.
Utility improvements and services for the development shall be:
A. 
Water facilities.
(1) 
The site shall be connected to a municipal water system or to an independent source if municipal service is not available.
(2) 
All facilities shall be designed and installed in accordance with the standards of the applicable governmental bodies having jurisdiction thereof.
(3) 
All water mains shall be a minimum of eight inches in diameter and shall be designed with fire hydrants to provide adequate fire protection in accordance with the recommendations of the National Fire Underwriters Board. The location of fire hydrants shall be determined by the Municipal Fire Department.
(4) 
The water storage system shall conform to the recommendations of the National Fire Underwriters Board. A separate storage reservoir shall be provided if tests indicate that municipal facilities are inadequate due to low pressure or undersized mains or inadequate supply.
B. 
Sanitary sewerage system. The development shall be serviced by a central sanitary sewage collection system discharging into the municipal or regional wastewater facilities. The collection facilities shall be designed in accordance with the standards of the New Jersey Department of Environmental Protection and/or appropriate local, county, state, and federal officials and agencies.
C. 
Drainage and stormwater management.
(1) 
The development shall be serviced by a stormwater management system as provided by Chapter 516, Stormwater Management, and shall conform to all relevant federal and state statutes, rules and regulations concerning stormwater management or flood control.
(2) 
Any townhouse development will be required to provide a comprehensive drainage system for the entire property, including a mandate that there will not be any increase in the rate of runoff from the property that exists in its present state (0% increase in peak runoff). Moreover, the applicant will be required to ensure that there will be no significant impact from this development to the adjoining properties.
D. 
Electric, gas, telephone and cable television services, if available, shall be provided by the developer in accordance with the provisions of the New Jersey Administrative Code, Title 14. One master television antenna or one cable television connection shall be provided for each building.
E. 
Street improvements, monuments, street names and other traffic control devices, shade trees, streetlights, sidewalks, curbs, fire hydrants, and all aspects of street construction as well as other improvements shall be subject to local and state regulations and Borough Engineer approval.
F. 
Appropriate refuse pickup shall be provided on site and appropriate disposal shall be made, both at no cost to the Borough, together with compliance with all laws and/or ordinances applicable to recycling.
G. 
The residents of the planned residential development shall be required to provide for the upkeep and maintenance of all internal roads, drives, parking facilities, drainage facilities, streetlighting, and snowplowing, as well as all common areas.
Common open space requirements shall be as follows:
A. 
A minimum of 25% of the gross site area shall be designated and designed for common open space, inclusive of the active recreational space specified in Subsection B below. Such land shall be optimally related to the overall plan and design of the development and shall provide that a portion thereof will be accessible and available to each unit owner of the development.
B. 
A minimum of 10% of the gross development site area, not to exceed six acres, shall be designed and dedicated for active recreational purposes and shall consist of a parcel or parcels of land of which at least one acre of the aforementioned area shall be graded, leveled, and seeded, with a length dimension of at least 150 linear feet, and all of said parcel or parcels of land shall be located where reasonably convenient to owners and residents of the development but not detrimental to adjacent property owners or residents by virtue of noise, glare, light, dust, or other objectionable features.
C. 
The area for detention basins and other drainage-control devices shall not qualify as active recreation space as required by this article. Land having slopes in excess of 20% and chronically wet marshland shall not qualify as active recreation space as required by this article.
D. 
Active recreation space may be improved with facilities, buildings, and structures for indoor and outdoor recreational activities consistent with the residential character of the development.
E. 
All improvements of the common open space area, as shown on the approved site plan, including recreational facilities, buildings, and structures, shall be completed before certificates of occupancy shall be granted to more than 75% of the proposed dwelling units.
F. 
All owners and residents of the planned residential development shall have the right to use the common open space and active recreational facilities, subject to reasonable rules and regulations. In the event that the proposed development shall consist of a number of stages, the developer shall provide active recreational areas proportionate in size to the stage being considered for final approval.
G. 
All open spaces shall be connected to residential areas with walkways or other reasonable means of access.
General design standards of a townhouse shall be as follows:
A. 
Buffer.
(1) 
The developer shall provide and maintain a buffer area of not less than 50 feet from all external lot lines of the development. Said buffer area shall be kept in its natural state where wooded and, where natural vegetation is sparse or nonexistent, the area shall be planted to provide a year-round natural screen.
(2) 
In the buffer area there shall not be permitted detention and retention basins and underground utilities, except that the Planning Board may, in its discretion, permit underground utilities to cross such a buffer area.
(3) 
The required buffer area shall be included for the purpose of computing compliance with the common space requirements and yard setback requirements of this article.
(4) 
The Planning Board may modify the requirements for a buffer area upon finding that the planned residential development abuts another planned residential development or a natural or man-made barrier, and, by reason thereof, the buffer area may be modified without detriment to existing or proposed uses.
B. 
Each building and structure and each complex of the same shall have a compatible architectural theme with appropriate variations in design to provide attractiveness to the development. Such variation shall result from the use of landscaping and the location and orientation of buildings and structures to the natural features of the site.
C. 
Landscaping.
(1) 
Landscaping shall be provided throughout the development site to provide a natural setting for buildings, structures, and recreation facilities. Shade trees shall be planted at the discretion of the Planning Board adjacent to public or private roadways. The trees shall be hard maple or ash or similar tree as approved by the Planning Board. No tree shall be planted nearer than 25 feet to an intersection.
(2) 
All island or unpaved areas within a street shall be landscaped.
(3) 
Within any area of clearing not occupied by a building, structure, street, parking area, or recreational facility, there shall be provided a minimum of 12 trees per acre calculated on gross acreage. The trees shall have a minimum diameter of four inches as measured three feet above the ground. Existing trees meeting the aforesaid criteria shall be included in determining compliance herewith.
D. 
Concrete walkways shall be provided between residential buildings and common parking areas. Walkways shall have a minimum width of four feet.
E. 
No natural vegetation shall be disturbed, except as approved by the Planning Board. The site plan shall indicate the maximum area of clearing.
F. 
No building or structure shall be located within 35 feet of the high-water mark of any stream or watercourse.
G. 
Adequate lighting fixtures for walks, steps, parking areas, driveways, streets, and other facilities shall be provided at locations to provide for safe and convenient use of the same. Fixtures shall be situated and designated in keeping with the character of the development and shall be adequately shaded to screen windows of dwelling units, both off and on the development site, from direct and indirect light. No flashing, intermittent, or moving light shall be permitted. All lighting, including illumination levels, shall conform to the recommendation of the Borough Engineer.
H. 
Air-conditioning units in excess of 2,500 BTUs shall be screened and insulated for aesthetic and acoustical purposes.
I. 
Every dwelling unit shall have two means of ingress and egress to the exterior without sharing a hallway, stairway, or elevator with another unit.
J. 
Adequate sound protection between dwelling units shall be provided and designed in accordance with sound engineering principles.
Ownership and maintenance shall be as follows. In the event that the municipality shall not accept the dedication or the developer shall not offer the same, the following regulations shall apply:
A. 
The developer shall establish an organization for the ownership and maintenance of any common open space and off-street parking space for the benefit of residents of the development. Such open space and other property shall be held in perpetuity by the organization, subject to an open space easement. Structures and facilities in support of recreational activity may be constructed in accordance with site plan approval. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development and ownership and maintenance of any common open space and off-street parking for the benefit of residents of the development. Thereafter, such organization shall not be dissolved or shall not dispose of any of its open space without obtaining the consent of the members of the organization as provided by law and also without offering to dedicate the same to the municipality. The developer shall be responsible for the maintenance of any such open space until such time as the organization established for its ownership and maintenance shall be formed and functioning and shall be required to furnish a performance guarantee in an amount to be fixed by the Municipality's Engineer for such maintenance for a period of two years after the date of acceptance of all streets in the development.
B. 
In the event that the organization shall fail to maintain the open space in reasonable order and condition, the governing body may serve written notice upon such organization or upon the residents and owner of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition and demanding that such deficiencies be remedied within 35 days of the date of service. The notice shall also state the date and place of a hearing thereon, which shall be held within 15 days after the date of the notice. At such hearing, the governing body may modify the terms of the original notice as to deficiencies and may give an extension of time not to exceed 65 days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the governing body, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space, except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the governing body shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing, upon 15 days' written notice to such organization and to the residents and owners of the development, to be held by the governing body, at which hearing such organization and the residents and owners of the development shall show cause why such maintenance by the municipality shall not, at the direction of the governing body, continue for a succeeding year. If the governing body shall determine that such organization is ready and able to maintain such open space in reasonable condition, the municipality shall cease to maintain said open space at the end of said year. If the governing body shall determine that such organization is not ready and able to maintain said open space in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the governing body in any such case shall constitute a final administrative decision subject to judicial review.
C. 
The cost of such maintenance by the municipality shall be assessed pro rata and against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien and shall become a tax lien on said properties and be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.
D. 
It shall be the responsibility of the owner of the common open space to maintain, in addition to the common open space, all off-street parking, loading and unloading areas, driveways, aisles, sidewalks, and accessways in good condition, free of litter and refuse, potholes, cracked pavement, ice, snow, or other seasonal hazards, etc. All lighting, bumpers, markings, signs, drainage, and landscaping shall be similarly kept in workable, safe and good condition. If the owner fails to undertake repairs after proper notification by the Construction Official, the governing body may authorize repairs to be made at the owner's expense if, in the governing body's opinion, conditions constitute a hazard to the safety and welfare of the municipality, residents, and visitors.
E. 
All documents pertaining to any neighborhood association common open space shall be subject to review by the Municipality's Attorney, shall be countersigned by the Chairperson of the Planning Board and the Mayor, and recorded as a covenant running with the land when the final plat is recorded by the County Clerk.
A. 
Any application shall be processed and reviewed pursuant to the procedures and standards of this article and Chapter 516, Stormwater Management, Chapter 490, Site Plan Review, and, where applicable, Chapter 530, Subdivision of Land, and the laws, rules, and regulations of any other governmental entity having jurisdiction over the subject matter. The Planning Board may engage, at the cost and expense of the applicant and/or developer, any and all necessary experts to assist the Planning Board in the review of any aspects of the application.
B. 
The applicant for a planned residential development shall submit a comprehensive conceptual site plan for the entire area so zoned and under the applicant's control. Said plan shall be in accordance with the terms of this chapter, Chapter 490, Site Plan Review, Chapter 530, Subdivision of Land, and the laws, rules, and regulations of any other governmental entity having jurisdiction over the subject matter. The comprehensive plan shall be submitted as part of the preliminary site plan application.
C. 
The use permit, if granted by the Planning Board, shall expire within two years of the date of the adoption of the resolution of approval, unless the time is extended by a subsequent resolution of the Planning Board for good cause. In order to toll the two-year expiration date, the developer must have commenced construction of the proposed project and be substantially proceeding with the construction within the two-year period or as said period may be extended.
Each development may be developed in stages as outlined herein:
A. 
Application for final site plan approval or final subdivision approval, or both, shall be limited to a minimum of 25% of the total number of housing units authorized by the Planning Board at the preliminary application stage. Once a final stage is approved by the Planning Board, the second stage shall not be permitted for consideration by the Planning Board for a period of less than three months. All subsequent stages shall likewise have a waiting period of no less than three months from the time of approval granted by the Planning Board of the preceding stage.
B. 
Sequence of stages. In the deliberation of the proposed sequence of stages, the Planning Board shall be guided by the following criteria and factors:
(1) 
That each stage is substantially self-functioning and self-sustaining with regard to access, utility service, parking, open space, and other similar physical features and shall be capable of occupancy, operation, and maintenance upon completion of construction and development.
(2) 
That each stage is properly related to every other segment of the planned development and to the community as a whole and to all necessary community services which are available or which may be needed to serve the planned development in the future.
(3) 
That adequate protection will be provided to ensure the proper disposition of each stage through the use of maintenance and performance guaranties, covenants, and other formal agreements.
(4) 
That the applicant will provide a balanced distribution for development in each stage. Said disposition shall be judged on the basis of the level of improvement cost, physical planning, and coordination required and other relationships which may be necessary to undertake each stage or segment.
A. 
A Planning Board, in accordance with COAH provisions of N.J.A.C. 5:93-10.3, may require that no site plan for a development shall receive approval until an environmental impact study shall be submitted to and approved by the Planning Board. The purpose of obtaining said approval shall be to determine that the impact of this proposed project will not unreasonably affect the environment of the proposed development and its surroundings.
B. 
The environmental impact statement shall include the following:
(1) 
Plan and description of development. A project description, complete with maps and drawings, which shall specify what is to be done and how it is to be done during construction and operation. The description shall include but not be limited to contours, buildings, roads, paved areas, grading and regrading, adjacent natural streams, and the project's relation to surrounding property and utility lines.
(2) 
Inventory of existing environmental conditions. An inventory of existing environmental conditions at the project site and in the affected region, which shall describe air quality, water quality, water supply, hydrology, geology, soils and properties thereof, including capabilities and limitations, sewerage systems, topography, slope, vegetation, wildlife, habitat, aquatic organisms, noise characteristics and levels, demography, land use, aesthetics, history, archeology, and socioeconomic aspects. Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection of the State of New Jersey, and soils shall be described with reference to the Passaic County Soil Survey and the criteria contained in the Passaic County Soil Conservation District Standards and Specifications.
C. 
Assessment of environmental impact of project. An assessment, supported by environmental data, of the environmental impact of the project upon the factors described in the inventory of existing environmental conditions shall be submitted and shall include an evaluation of water use, liquid and solid wastes on the quality and quantity of surface water and groundwater. The assessment shall also include an evaluation of the public costs of the project, including but not limited to the costs of additional schools, roads, police, etc., and indirect costs such as the loss of open space.
D. 
Steps to minimize environmental damage. A description of steps to be taken to minimize and mitigate adverse environmental impacts during construction and operation, both at the project site and in the affected region, shall be included, such description to be accompanied by necessary maps, schedules, and other explanatory data as may be needed to clarify and explain the actions to be taken.
Off-tract improvements shall be governed by Chapter 490, Site Plan Review, and Chapter 530, Subdivision of Land.
Where there is any conflict between the provisions of this article and the provisions of Chapter 490, Site Plan Review, and/or Chapter 530, Subdivision of Land, the provisions of this article shall prevail.
In any townhouse development intended to be constructed pursuant to the provisions of the within article, 20% of the total number of units permitted to be constructed shall be inclusionary low- and moderate-income units which meet the standards and criteria for affordability contained in the regulations of the Council on Affordable Housing (COAH). The developer will be required to comply with the provisions of this article as to all inclusionary units to be built on site, except as provided in § 600-104.
A. 
A developer who wishes to be released from the duty to build inclusionary units on site may apply to the governing body before submitting the applications to the Planning Board for a use permit for permission to be released from the duty to build on-site inclusionary units. For each required unit which the developer is otherwise required by this article to build on site and for which he/she applies to be released from the obligation, the developer shall pay the sum of $40,000 to the Borough in the event that the governing body approves the request. No developer of property subject to the within article is under any constraint to pay any money to the Borough except in the case where the developer, by his/her own volition, elects to request to be relieved of the duty to build inclusionary on-site units. If the request is approved, then the townhouse units to be built on the site by the developer may be 100% free-market units. The money to be paid to the Borough, $40,000 per inclusionary unit not to be built on site, shall be used by the Borough for possible funding of RCA units, for rehabilitation of indigenous units, for such other purposes as are appropriate to assisting the Borough to meet its housing obligations. The expenditure of all monies shall conform to a spending plan approved by COAH. Upon the approval by the governing body of the developer's request, the developer shall be relieved of all inclusionary obligations for the site. The $40,000 per unit released from the inclusionary obligation shall be paid to the Borough in the following time sequence:
[Amended 8-15-2001 by Ord. No. 14-2001]
(1) 
At the time of issuance of the first certificate of occupancy, the developer shall pay the sum of $40,000.
(2) 
At the time of the issuance of the sixth certificate of occupancy, the developer shall pay the sum of $40,000.
(3) 
Thereafter, upon the issuance of each fifth subsequent certificate of occupancy, the developer shall pay the sum of $40,000.
(4) 
At the time of use permit approval, the developer shall be required within five days thereafter to file a payment bond in the form of a letter of credit or surety bond, to be approved by the Borough Attorney, guaranteeing the payment by the developer in accordance with the terms of the within agreement.
B. 
The hereinafter terms and conditions of the within article that are applicable to inclusionary units shall not apply to any development in which the developer has requested and the governing body has approved permission to not build on-site inclusionary units.
Any application for development with inclusionary units shall include such information as will realistically assure that the set-aside units will comply with the requirements provided in the regulations of the Council on Affordable Housing and the requirements of the within article and shall include a schedule of construction which shall assure the contemporary construction of the set-aside units with the market units.
Affordability criteria, pricing, and resale controls as required by the COAH regulations shall be embodied in a deed restriction and shall be submitted by the developer at the time of preliminary site approval and shall be subject to the approval of the municipality. In the event that any portion of the development is to be for condominium ownership, such affordability and resale controls shall be embodied in the registration application, the offering statement, the bylaws, the master deed, and the unit deeds. As part of the site plan review process, the developer shall be required to submit a proposed form of contract with the municipality in which the developer agrees to comply with the appropriate control mechanism established by the municipality, which assures that low- and moderate-income housing units remain affordable to low- and moderate-income households, all in furtherance of and consistent with the applicable regulations of COAH. The deed restriction documents shall be in recordable form and shall be required to be recorded by the developer at the time directed by the Municipal Attorney. Rental control on affordability, initial pricing, annual index increases, procedures for resale, foreclosure or resale, and phasing schedules shall be in accordance with COAH regulations.
Subsequent to the adoption of the within article, the Borough of North Haledon will adopt an ordinance establishing an Affordable Housing Board, which will provide appropriate standards and policies applicable to affordable housing units in the Borough in accordance with COAH requirements. All applications for development in the AHTD Zone shall be subject to the provisions of the said subsequently to be adopted ordinance establishing an Affordable Housing Board.
The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age or number of children, to housing units which are being marketed by a developer/sponsor, municipality and/or designated administrative agency of affordable housing. The plan will address the requirements of N.J.A.C. 5:93-11. In addition, the plan prohibits discrimination in the sale, rental, financing or other services related to housing on the basis of race, color, sex, religion, handicap, age, familial status/size or national origin. The Borough of North Haledon is in the housing region containing Passaic County. The affirmative marketing program is a continuing program and will meet the following requirements:
A. 
All newspaper articles, announcements and requests for applications for low- and moderate-income units will appear in the following daily regional newspapers/publications:
(1) 
North Jersey Herald-News.
B. 
The primary marketing will take the form of at least one press release sent to the above publication and a paid display advertisement in each of the above newspapers. Additional advertising and publicity will be on an as-needed basis.
C. 
The advertisement will include a description of the:
(1) 
Street address of units;
(2) 
Direction to housing units;
(3) 
Number of bedrooms per unit;
(4) 
Range of prices/rents;
(5) 
Size of units;
(6) 
Income information; and
(7) 
Location of applications, including business house and where/how applications may be obtained.
D. 
All newspaper articles, announcements and requests for applications for low- and moderate-income housing will appear in the following neighborhood-oriented weekly newspapers, religious publications and organizational newsletters within the region:
(1) 
The Shopper.
E. 
The following is the location of applications, brochure(s), sign(s) and/or poster(s) used as part of the affirmative marketing program, including specific employment centers within the region:
(1) 
Municipal Building.
(2) 
Borough Library.
(3) 
Developer's sales office.
(4) 
Major employers in region.
F. 
The following is a listing of community contact person(s) and/or organizations in Passaic County that will aid in the affirmative marketing program with particular emphasis on contacts that will reach out to groups that are least likely to apply for housing within the region:
(1) 
Religious groups.
(2) 
Tenant groups.
(3) 
Civic organizations.
G. 
Quarterly flyers and applications will be sent to each of the following agencies for publication in their journals and for circulation among their members:
(1) 
Board of Realtors in Passaic County.
H. 
Applications will be mailed to prospective applicants upon request.
I. 
Additionally, quarterly informational circulars and applications will be sent to the chief administrative employees of each of the following agencies in Passaic County:
(1) 
Welfare or Social Service Board.
(2) 
Rental Assistance Office (local office of NJ Department of Community Affairs).
(3) 
Office on Aging.
(4) 
Housing Agency or Authority.
(5) 
Library.
(6) 
Area community action agencies.
J. 
The following is a description of the random selection method that is used to select occupants of low- and moderate-income housing:
(1) 
Each applicant, upon submission of an application, will be designated a number. Two categories will be created: one for low-income households and one for moderate-income households. A blind drawing will be undertaken, one each for low- and moderate-income households who are eligible for the specific affordable units.
K. 
The Borough of North Haledon's Affordable Housing Board is to administer the affirmative marketing program. The Borough of North Haledon's Affordable Housing Board has the responsibility to income qualify low- and moderate-income households; to place income-eligible households in low- and moderate-income units upon initial occupancy; to provide for the initial occupancy of low- and moderate-income units with income-qualified households; to continue to qualify households for reoccupancy of units as they become vacant during the period of affordability controls; to assist with advertising and outreach to low- and moderate-income households; and to enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1. The North Haledon Borough Administrator is the designated housing officer to act as liaison to the North Haledon Affordable Housing Board. The North Haledon Affordable Housing Board will provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements and landlord/tenant law.
L. 
Households who live or work in the COAH-established housing region may be given preference for sales and rental units constructed within that housing region. Applicants living outside the housing region will have an equal opportunity for units after regional applicants have been initially serviced. The Borough of North Haledon intends to comply with N.J.A.C. 5:93-11.7.
M. 
All developers of low- and moderate-income housing will be required to assist in the marketing of the affordable units in their respective developments.
N. 
The marketing program will commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program will continue until all low- and moderate-income housing units are initially occupied and for as long as affordable units are deed-restricted and occupancy or reoccupancy of units continues to be necessary.
O. 
The North Haledon Affordable Housing Board will comply with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 5:93-12.1.[1]
[1]
Editor's Note: Original Art. XVIII, RA-1 Cluster District, added 4-13-1988 by Ord. No. 8-1988, which immediately followed this section, was repealed 2-21-2001 by Ord. No. 2-2001.