Township of Montville, NJ
Morris County
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Table of Contents
Table of Contents
The purpose of this article is to establish affordable housing zones in accordance with the Township's 1996 Housing Element and Fair Share Plan to permit the construction of multifamily housing at maximum densities as hereinafter specified, conditioned upon the provision of a set-aside of 22% for low- and moderate-income units. In the event that the owner shall seek to develop at a density of less than the maximum permitted, the owner or developer seeking to so develop shall be required to provide the same number of low- and moderate-income units as if the land were developed on the basis of the maximum density with a set-aside of 22% for low- and moderate- income units, unless the Planning Board shall grant a variance to this requirement.
A. 
The following principal uses are permitted in the AH Districts:
(1) 
AH-1. Apartments, townhouses and senior citizen housing at a maximum density of 10 units per acre. Set-aside units shall be townhouses and/or apartments.
(2) 
AH-2. Apartments, townhouses and senior citizen housing at a maximum density of eight units per acre. Set-aside units shall be townhouses and/or apartments.
(3) 
AH-4. Townhouses at a maximum density of five and 5.25 units per acre. Set-aside units shall be senior citizen housing; provided, however, that set-aside units in the zone over and above one 109 units shall be townhouses and/or apartments.
B. 
In addition to the maximum density for each zone established above, a maximum number of dwelling units as listed below is established for each of the AH Zone Districts, and the maximum number of dwelling units permitted on any single property in an AH Zone shall be proportional to that maximum number, according to the area of the property as related to the area of the entire zone.
Zone
Maximum Number of Dwelling Units
AH-1
950
AH-2 north side of Route 202
200
AH-2 Church Lane
344
AH-4
612
The following accessory uses are permitted in all AH Districts:
A. 
Private garages.
B. 
Buildings for storage of maintenance equipment.
C. 
Off-street parking as hereinafter regulated.
D. 
Signs in accordance with Article XXVII.
E. 
Private recreation buildings and facilities, including swimming pools, intended for use by residents of the premises.
F. 
Satellite dish, amateur and receive-only antennas, as regulated in § 230-155.
G. 
Other accessory uses as set forth in Schedule C, Schedule of Permitted Uses, included at the end of this chapter.
The following zoning standards shall apply to development in the AH Districts:
A. 
Minimum lot size: 10 acres.
B. 
Minimum setback from public streets and tract boundary: 50 feet in AH-1 and AH-2 Zones; 75 feet in AH-4 Zone. The minimum distance from a private street shall be 35 feet.
C. 
Maximum building coverage: 30% of the site.
D. 
Maximum height of building: three stories and 40 feet.
E. 
Maximum number of dwelling units per building:
(1) 
Townhouses: 10.
(2) 
Apartments: 30.
F. 
Minimum distances between buildings:
Configuration
Minimum
(feet)
Average
(feet)
Front facing front
60
75
Front facing rear
60
75
Front facing side
30*
40*
Rear facing rear
60
75
Rear facing side
15*
20*
Side facing side
15*
20*
NOTES:
*
Not less than 50 feet if driveway is located between buildings.
G. 
Minimum usable open space: 20% of the site. Usable open space is open space exclusive of roads, parking areas, buffers, walkways and buildings.
H. 
Recreation. Multifamily developments of between 10 and 50 units shall provide 250 square feet of space in a usable configuration for play lots or a shaded area for the elderly or other space for recreation which is appropriate for that development. Multifamily developments of larger than 50 units shall provide for an additional 20 square feet per unit above 50 units for such purposes. In large developments, such space shall be subdivided into two or more usable areas, distributed throughout the development so as to be convenient to residents.
A. 
At least 11% of the total number of residential dwellings within each development in the AH Zones shall be made affordable and sold or rented to low-income persons, and 11% shall be made affordable and sold or rented to moderate-income persons.
B. 
At least 20% of the low-income and 20% of the moderate-income units shall be three-bedroom units, and no more than 50% of the low-income and 50% of the moderate-income units shall be one-bedroom units or efficiency units; provided, however, that low- and moderate-income senior citizen housing units need contain no more than one bedroom.
C. 
For purposes of assuring affordability of housing units to low- and moderate-income households of varying sizes, it shall be assumed that housing units of different sizes will be occupied by households of different minimum sizes as follows:
Housing Units
(number of bedrooms)
Households
(minimum number of persons)
0
1
1
2
2
3
3
5
(1) 
In the case of low- and moderate-income units offered for sale, each unit shall be affordable to a household earning no more than 90% of the ceiling income for that household, by household size and income category. The proposed prices of low- and moderate-income units to be offered for sale, and the calculations by which those prices have been determined, shall be submitted for approval by the applicant as a part of the application for preliminary site plan approval.
(2) 
In the case of low- and moderate-income units offered for rent, they shall be rented for no more than 30% of the gross household income of the low- and moderate-income household based upon 90% of the ceiling income for that household, said rental to be inclusive of all services and maintenance, including utilities. In the event that any other charges are paid directly by the tenant, the maximum rental of 30% shall represent the sum of the contract rent and all such other charges.
D. 
Affirmative marketing plan. The developer shall formulate and implement a written affirmative marketing plan acceptable to the Planning Board. The affirmative marketing plan shall provide that all rerentals and resales shall be marketed to the COAH housing region of Essex, Morris, Union, and Warren Counties and shall be in compliance with the rules and regulations established by the Council on Affordable Housing.
E. 
Phasing schedule.
(1) 
A developer shall submit a phasing schedule for the construction of the low- and moderate-income units. All lower-income units in any phase must be completed and rented or sold to eligible occupants and have received certificates of occupancy before certificates of occupancy may be granted for any market-rate units in that phase. Approximately 1/2 of the lower-income units in each phase shall be low-income units.
(2) 
Lower-income units shall be constructed at a rate no less rapid than the following:
Phase
Percentage of Lower-Income Units Completed
Percentage of Market-Rate Units Completed
I
0%
20%
II
20%
40%
III
50%
60%
IV
80%
80%
V
100%
90%
F. 
Resale and rental controls.
(1) 
A developer shall submit a plan for resale or rental controls to ensure that the units remain affordable to low- and moderate-income households for at least 30 years. The purchaser shall be entitled to sell the units for:
(a) 
The original sales price plus such additional amount allowed by the most recent rules and regulations of the New Jersey Council on Affordable Housing (COAH);
(b) 
Reimbursement for documented monetary outlays for reasonable improvements as approved, in writing, by the Montville Housing Committee; and
(c) 
Any reasonable costs incurred in selling the unit.
(2) 
Where units are offered as rental units, they shall continue to be offered as rental units for 15 years. After 15 years, they may be sold at prices affordable to moderate-income households, subject to such resale price controls as may be necessary to ensure that the units continue to be affordable to moderate-income households for the remainder of the thirty-year period commencing from the date of initial rental.
(3) 
The low-income units, upon resale, may be sold only to low-income persons, and the moderate-income units may be sold to low- or moderate-income purchasers. If, however, no low-income purchaser is found within 60 days, the low-income unit may be sold to a moderate-income purchaser or, if none is available, to any interested purchaser. If no moderate-income purchaser is found for moderate-income units within 60 days, the units may be sold to any purchaser. Regardless of the income of the purchaser, the resale controls shall remain in effect for subsequent resales.
G. 
Eligibility. Sale or rental of low- and moderate-income dwelling units shall be on the basis of income and residency of applying eligible households.
(1) 
The developer shall agree not to impose any residency requirements upon perspective renters or purchasers of any low- and moderate-income units. The developer shall agree not to impose age requirements upon occupants of low- and moderate-income units, except for set-aside units designated for senior citizen housing in the AH-4 District. Set-aside units for senior citizens shall constitute a total of no more than 109 units.
(2) 
Where the number of applicants exceeds the number of low- and moderate-income units available, the sale or rental of such units shall be in accordance with the date of application submitted, with earlier applicants being given preference over later applicants. The distribution of available units shall be consistent with the proportion of income categories as provided in Subsection A above.
(3) 
All applicants for the purchase or rental of low- and moderate-income units shall meet the income qualifications established in this article at the time the application is filed and shall be qualified at the time of taking title or occupancy.
(4) 
In a multifamily development under management of a single landlord, all tenants of rented low- and moderate-income units shall be required to give proof of continued income qualification the first and each subsequent anniversary date of taking occupancy. A tenant shall cease to remain qualified if the total household income exceeds 125% of the moderate-income limit. Any tenant household not remaining so qualified on the first or subsequent anniversary date of taking occupancy shall be required to vacate the rented unit upon nine months' written notice if there is a qualified applicant available for such unit; provided, however, that a household that ceases to meet the qualifications as a low-income household, but does meet the qualifications as a moderate- income household, may continue to occupy the unit, and the next unit to become available which is owned by the same owner as the unit changing from low- to moderate-income occupancy shall be rented to a low-income household. Upon the issuance of the written notice to vacate, the limitation of rental charges as set forth in this article shall cease to apply, and, until the subject unit is vacated, the owner shall be entitled to an increase in rent, provided that the increase does not exceed 30% of the amount by which the tenant's income exceeds the current maximum income limitation for a moderate-income household. In the implementation of this subsection income limitations shall be as adjusted for household size.
H. 
Administration; deed restrictions.
(1) 
The Township may administer these controls directly or may enter into an agreement with a nonprofit corporation or other governmental entity or may permit the developer to administer these controls, either directly or through a nonprofit entity established by the developer, but in no event may the Township require the developer to administer these controls as a condition of approval, nor may the resale controls be administered merely by the existence of a deed restriction on the property.
(2) 
Resale controls shall be embodied in a deed restriction on the property that shall be submitted by the developer at the time of preliminary site plan approval and shall be subject to approval by the Township Attorney and the administering agency. All deed restrictions shall be consistent with all of the provisions of this section and with any regulations or guidelines adopted by the administering agency.
A developer in an AH Zone may request the Planning Board and/or the Township to further increase densities, waive or modify cost-generating requirements in this Chapter 230, waive or reduce fees or grant tax abatement to the extent authorized by law, if the developer determines that such actions are necessary to provide the 22% low- and moderate-income housing. A developer may choose one of three impartial housing experts from a list prepared by the Planning Board and have the expert make recommendations, at the expense of the developer, on the necessity for the proposed waivers, modifications or other actions. The expert shall also consider whether the requirement for which the waiver or modification is sought is a necessary minimum standard required for public health and safety. In the event that the expert determines that even after full municipal cooperation it is not economically feasible for the developer to provide the full amount of affordable low- and moderate-income units as defined in Article VIII of this chapter, the expert may recommend that the developer provide 13% moderate-income and 9% low-income units. Such a modification in the low- and moderate-income obligation shall not be approved unless the expert determines that the Township has substantially complied with his recommendations for municipal actions to reduce costs. In the event that the Planning Board declines to accept one or more of the recommendations of the expert, it shall detail its reasons in writing.
A. 
A committee, to be known as the "Montville Housing Committee," is hereby established, consisting of seven citizens of the Township to be appointed by the Township Committee, to serve without compensation. The terms of the members shall be three years, provided that the initial terms shall be staggered as follows: three members for one year, three members for two years and one member for three years.
B. 
Officers; experts and staff.
(1) 
The Committee shall elect a Chairman and a Vice Chairman from among its members, to serve for terms of one year. The Board may also appoint a Secretary, who may or may not be a member of the Board, and such other officers as it may determine.
(2) 
Subject to the approval of the Township Administrator, the Committee may employ or contract for and fix the compensation of such experts and staff as it deems necessary. Obligations for the foregoing shall not exceed the amounts agreed upon and appropriated for the Committee's use by the Township Committee.
C. 
The Committee shall have the following duties and powers:
(1) 
Assist the developer, owner or tenant association in establishing procedures and standards governing affordable housing in accordance with this chapter for implementing the affordability control mechanisms.
(2) 
Monitor affordability control compliance by developers, owners or tenant associations, fee owners and other parties in interest, including compliance with deed restrictions and disposition covenants.
(3) 
In connection with the first and subsequent occupancy of all set-aside sale and rental units, review and amend the approved price stabilization plan, review implementation of affordability control standards and procedures and make recommendations to the Township Administrator and Township Committee for changes in procedures or recommend to the Township Committee that occupancy be disapproved for any or all set-aside sale or rental units in instances where eligibility is in question.
(4) 
Thereafter, review and approve annual set-aside occupancy reports prepared and filed by the developer, association or any party in interest, as may be required by its practices and procedures or as contained in its rules and regulations.
(5) 
Promulgate rules and regulations, subject to approval by the Township Committee and implementation in ordinance form.
(6) 
File periodic reports with the Township Committee concerning the discharge of its responsibilities and immediately report noncompliance with affordability control standards and procedures for such action as the Township Committee may deem appropriate.
(7) 
Monitor all governmental subsidy programs and make recommendations to the Township Committee and Planning Board in connection herewith.
(8) 
Perform such other actions as may be designated by the Township Committee.
D. 
Rules and regulations. The Committee shall be authorized to adopt bylaws and other rules and procedures, subject to the prior approval of the Township Committee, by resolution or ordinance, as may be appropriate.
E. 
Penalty. Any person, firm, corporation, partnership or association violating the provisions of any subsection of this section, or any rule, regulation or order promulgated pursuant thereto, shall be subject to such penalties as are provided for in Chapter 1, Article III, General Penalty.