[Amended 1-20-1993 by Ord. No. 93-008; 8-16-1995 by Ord. No.
95-047; 12-21-2006 by Ord. No. 06-041; 12-21-2011 by Ord. No.
11-043]
A.
General provisions.
(1)
Before a building permit or certificate of occupancy shall be
issued for any conditional use as permitted by this chapter, application
shall be made to the Planning Board. The Planning Board shall grant
or deny said application within 95 days of submission of a complete
application by a developer to the administrative officer or within
such further time as may be consented to by the applicant.
(2)
The review by the Planning Board of a conditional use shall
include any required site plan review pursuant to this chapter. Public
notice and a hearing shall be required as stipulated in this chapter.
(3)
In all requests for approval of conditional uses, the burden
of proof shall be on the applicant. In making its decision on an application
for a conditional use, the Board shall take no action which will be
detrimental to the public welfare or which will substantially impair
the intent or purpose of this chapter. The Board may attach terms
and conditions to an approval of such application if, in its judgment,
it will preserve such public welfare or such intent or purpose, and
the Board shall be guided by the following principles:
(a)
The proposed use will adequately provide for access facilities
for the estimated traffic from public streets and sidewalks.
(b)
The proposed use shall be subject to the off-street parking,
loading and service requirements of this chapter.
(c)
Screening or buffer strips, as required, shall be installed.
(d)
No outdoor floodlighting or spotlighting shall be permitted
to shine directly or indirectly on any abutting property.
(e)
The proposed use shall be reasonable in terms of the logical,
efficient and economical extension of public services and facilities,
such as water, sewers, police and fire protection, transportation,
recreation and public schools.
(f)
Each proposed use shall be further subject to specific conditions
as set forth in this chapter.
B.
Automobile and gasoline service station.
(1)
The minimum lot area shall be 30,000 square feet.
(2)
The minimum lot width shall be 150 feet along all rights-of-way.
(3)
Building setbacks shall respect zone district requirements.
That notwithstanding, gas pump canopies, storage areas and related
facilities shall be set back a minimum of 20 feet from front lot lines
and 30 feet from side lot lines.
(4)
The minimum setback of pumps shall be 50 feet from side lot
lines and 35 feet from front lot lines.
(5)
All driveways shall be at least 24 feet wide, at least 25 feet
from all side lines and at least 50 feet from the intersection of
rights-of-way, and there shall not be more than two driveways on any
right-of-way.
(6)
No automobile and gasoline service station shall be located
within 1,000 feet of any public entrance to a church, school, library,
hospital, charitable institution or place of public assembly. This
distance shall be measured in a straight line from said public entrance
to the nearest boundary of the automobile and gasoline service station.[1]
[1]
Editor's Note: Former Sec. 160-161(b)(7), pertaining to the
proximity of one service station to another, which immediately followed
this subsection, was repealed 2-5-2013 by Ord. No. 13-004.
(7)
Any repairs shall be performed in a fully enclosed building
which is properly ventilated.
(8)
No sale or rental of cars, vehicles, trucks or trailers shall
be permitted.
(9)
No outdoor oil drainage pits or outdoor hydraulic lifts shall
be permitted.
(10)
No more than three vehicles per bay shall be permitted to be
parked in overnight outdoor storage.
(11)
The entire area of a site traversed by motor vehicles shall
be constructed with a dust-free surface and drained onto a public
street or public drainage system.
(12)
A twenty-foot-wide strip across the entire frontage shall be provided and shall be landscaped with grass or ground cover as well as low-growing buffering shrubbery and plants and shade trees in accordance with the site plan standards of Article VII. Additionally, all areas of the lot not deemed necessary for the circulation or storage of automobiles, as determined by the Planning Board, must be landscaped.
(13)
Outdoor solid waste disposal must be properly screened or buffered.
C.
Automobile sales: new and/or used cars. Automobile rentals as an
accessory use to new and/or used car dealers.
(1)
The minimum frontage shall be 150 feet.
(3)
Direct and indirect glare shall be in accordance with requirements as set forth under Article IV.
(4)
A ten-foot-wide strip across the entire frontage, with the exception
of exit and entrance driveways, shall be landscaped with grass or
ground cover and attractively planted with low-growing shrubbery and
plants.
(5)
When a new or used car lot abuts residences, a planted screen, as defined in Article IV, shall be installed and maintained at all times in a proper manner.
(6)
Driveway opening approval shall be required of the agency having
jurisdiction of the roadway upon which the lot fronts.
(7)
All lot areas used by motor vehicles shall be provided with
a dust-free surface and drained onto a public street or public drainage
system with provisions for an oil trap.
(9)
No new or used cars held for sale shall be parked on a public
street or right-of-way.
D.
Camps.
(1)
No building, tent, activity area or recreation facility shall
be less than 300 feet from any lot line, and no two buildings intended
for use as sleeping quarters shall be closer than 30 feet to each
other, except that tents shall be not less than 10 feet apart.
(2)
Screening and buffering are required between camps and any other
use.
(3)
The minimum lot area shall be at least three acres.
E.
Car washes.
(1)
All mechanical activities must be conducted within a totally
enclosed building.
(2)
Drainage from inside the building(s) shall feed into a sanitary
sewer system. No dry well or septic tank will be permitted in connection
with said drainage.
(3)
This use shall not include a self-service or coin-operated car
wash area in any form.
(4)
All of the area, yard, building coverage and height requirements
of the respective zone and other applicable requirements of this chapter
must be met.
(5)
Stacking for a minimum of 10 automobiles for the car wash shall
be provided on the same site as the car wash operation.
(6)
Water associated with the car wash process shall be recycled
to the greatest extent possible by industry standards.
F.
Child-care and infant-care centers.
(1)
All child-care center facilities to be used by the children
shall be located on the principal entrance floor and any other level
which is not more than 1/2 story above or below the grade at the location
from which egress is provided to the street.
(2)
A minimum of 100 square feet per child of outdoor space shall
be provided and shall be adequately fenced or otherwise protected
from hazards, traffic and driveways.
(3)
The minimum site area shall be one acre.
(4)
The hours of operation should be limited to 7:00 a.m. to 6:00
p.m.
(5)
All loading and unloading of children shall take place on site
and not in the public right-of-way.
(6)
Infant-care centers are exempt from the minimum outdoor space
provision.
G.
Churches and other places of worship, Sunday school buildings and
parish houses.
(1)
The minimum lot area shall be two acres.
(2)
The property should have primary access to a right-of-way 70
feet or greater in width.
(3)
All buildings shall conform to the maximum height standard for
the zone.
(4)
The applicant should submit a list of proposed activities, anticipated
participants and a timetable reflecting the hours in which each building
will be in use so that parking requirements can be determined.
(5)
No building, activity area or parking facility shall be located
within 50 feet of any property line. The above-mentioned facilities
shall be buffered from any residential property or zone with a live
buffering of massed evergreens as well as fencing.
(6)
No parking shall be permitted between any right-of-way line
and the front yard requirement of the zone in which the structures
are proposed to be located.
(7)
Any church existing prior to February 1, 1979, is exempt from
the standards and subject only to site plan review.
H.
Clubs, lodges, social buildings and fraternal organizations.
(1)
Such uses shall be permitted on lots of not less than five acres.
Such uses which do not rent facilities for social affairs may be permitted
on lots of not less than two acres.
(2)
The minimum width of the lot shall be 200 feet.
(3)
Eating and drinking facilities shall be accessible only from
within the main structure except for loading and unloading areas,
kitchen and emergency exits. Picnic grounds are permitted, provided
that they are located 100 feet from any residence or residential zone.
(4)
Off-street parking shall be provided at a ratio of one paved
parking space per three seats or per three persons of rated capacity.
(5)
Minimum front, rear and side yards shall be 100 feet for five-acre
lots and 75 feet for two- to 4.9-acre lots from all property boundaries
as they apply to any structure, principal or accessory, or improvements
such as a tennis court, swimming pool or similar use. Adequate buffers
to protect adjacent uses from nuisance characteristics shall be provided,
as the Planning Board may require.
I.
Conversion of single-family and/or multifamily dwellings to offices
and new office construction in the R-7 and R-10 Zones.
(1)
The conversion of single-family and/or multifamily dwelling
units to offices is permitted along the following highways:
(2)
Minimum area and yard requirements for new office construction,
conversions of existing structures and additions to existing structures
shall adhere to those of the R-15 Zone. The maximum building floor
area ratio is 0.10.
(3)
Home occupations are permitted along the above-mentioned highways.
(5)
All off-street parking areas must be paved and of sufficient
size to store vehicles of office employees and customers and must
adhere to parking standards established in this chapter.
(6)
All off-street parking lots must be adequately buffered from
adjacent residential uses with a buffer strip at least five feet in
width, consisting of a solid or stockade fence six feet in height
and evergreen shrubs of at least five feet to six feet in height.
(7)
Existing lots of record which have depths greater than those
minimum requirements of the R-7, R-10 and Community Commercial Zone
Districts may be permitted to be developed for office purposes up
to a depth equal to the average depth of the two closest commercial
zone district boundary lines. Such commercial districts must be on
the same side of the highway as the parcel of land in question.
(8)
One freestanding sign not to exceed eight square feet in area
and four feet in height is permitted. This sign shall not be located
within 10 feet of a public street or right-of-way.
(9)
No off-street parking area shall be placed within the front
or side yard setback areas.
(10)
All new office construction and additions and alterations must
conform architecturally to the predominant residential character of
the area.
(11)
Access drives must allow the use of common drives with adjacent
residential or commercial properties through cross easements. The
interconnection of a rear yard parking lot(s) must be provided to
adjacent residential or commercial properties through cross easements.
J.
Joint occupancy buildings. In the Highway Commercial Design District
II, one residential unit and a permitted business or businesses may
be located within the same building, provided that the following conditions
are met:
(1)
The residential portion shall have an entrance upon a street,
either directly or via an unobstructed passage at least 10 feet wide,
10 feet in height and with a maximum depth of 35 feet.
(2)
No floor may be used for both residential and business use.
(3)
The nonresidential portion shall be limited to service and professional
uses.
(4)
Parking for the residential portion shall be on site.
K.
Factory outlets.
(1)
No more than 5% of the total gross floor area of the buildings
on site may be used for commercial retailing space.
(2)
Only those products produced by the company may be sold in the
factory outlet retailing facility.
(3)
The factory outlet retailing facility shall be located within
a principal building.
(4)
An area separated or set aside from the parking area utilized
by employees shall be created for customers of the retail outlet and
shall provide one parking space for every 150 square feet of factory
outlet retailing space.
(5)
No advertising signs for the factory outlet retailing facility
shall be located on any building, with the exception of a sign of
a maximum size of two by three feet at the entrance.
(6)
Only 5% of the space on a freestanding sign may be used to advertise
the existence of the factory outlet retailing facility.
L.
Golf courses and golf clubhouses.
(1)
Golf courses and golf clubhouses shall be located and have direct
access to at least a minor collector or similar street of sufficient
traffic capacity to serve the use.
(2)
No tee or green shall be located within 75 feet of a residential
property line; tees or greens shall be suitably screened or buffered.
(3)
All clubhouses, dining and refreshment facilities, swimming
pools, tennis courts and the like shall be located at least 100 feet
from all property lines adjacent to or abutting a residence or residential
zone.
M.
Home occupations. Any person may utilize his home for any lawful
activity which qualifies as a home occupation, provided that:
(1)
No nonresident is employed in the home.
(2)
There is no external display of goods or any outdoor activity
or advertising on the premises other than a nonilluminated identification
sign not to exceed 150 square inches. No external light shall be focused
on it.
(3)
Any advertising shall list only the telephone number and not
the street address of the home.
(4)
Such use does not occupy more than 25% of the gross floor area
of the home, excluding the garage area.
(5)
No noise shall be audible to adjacent property owners or interfere
with the quiet enjoyment of their property.
(6)
Such use of the home shall not adversely affect adjacent property
owners or interfere with their quiet enjoyment of their properties
by causing air pollution, including noxious odors, or water pollution
or electrical interference. No equipment or process shall be used
in such home occupation which creates noise, vibration, glare, fumes,
odors or electrical interference detectable to the normal senses off
the lot, if the occupation is conducted in a single-family residence,
or outside the dwelling unit, if conducted in other than a single-family
residence. In the case of electrical interference, no equipment or
process shall be used which creates visual or audible interference
in any radio or television receivers off the premises.
(7)
There shall be no outside storage of any kind related to the
home occupation.
(8)
No use shall require internal or external alterations to the
dwelling unit or the site upon which it is located. In no event shall
the appearance of the structure be altered or the occupation within
the residence be conducted in a manner which would cause the premises
to differ from its residential character either by the use of colors,
materials, construction, lighting, signs or the emissions of sounds,
noises and vibrations.
(9)
No use shall involve construction features or the use of electrical
or mechanical equipment that would change the fire rating of the structure.
(10)
Any deliveries of materials to or from the residence shall be
made by either car, station wagon or other four-wheel vehicle or van
during the hours of 9:00 a.m. to 5:00 p.m., Monday through Saturday.
(11)
No traffic shall be generated by such home occupation in greater
volumes than would normally be expected in a residential neighborhood,
and any need for parking generated by the conduct of such home occupation
shall be met off the street and on the driveway of the home. Vehicular
traffic flow and parking shall not be increased by more than one additional
vehicle at a time.
(12)
Hours of home occupation shall be between 9:00 a.m. and 9:00
p.m., Monday through Saturday.
(13)
No firearms may be used in any form in said business, including
repair of nonfunctioning parts.
(14)
Only one home occupation may be permitted on a lot.
N.
Hospitals, medical institutions and philanthropic or eleemosynary
uses.
(1)
The minimum lot size for all facilities shall be 10 acres.
(2)
Along all residential zoning districts, a buffer 100 feet wide,
consisting of massed evergreens, fencing and lawn, shall be provided.
(3)
The primary access to any facility must be to a right-of-way,
80 feet or greater in width, and a fifty-foot cartway.
(4)
All mechanical equipment which produces noise, vibration, radiation
or any other potentially adverse condition shall be sheltered and
so located on the property as not to create an unhealthful situation
on site or beyond the property lines.
(5)
All provisions of Article IV relative to the provision of off-street parking and loading shall be adhered to.
(6)
No parking shall be permitted between any right-of-way line
and the front yard requirement of the zone in which the structures
are proposed to be located.
O.
Hotels.
(1)
Any hotel must meet the following minimum standards:
(a)
A minimum of 150 guest rooms must be provided. Each room must
be a minimum of 350 square feet in area.
(b)
A minimum of 20,000 square feet of conference space and banquet
space must be provided.
(c)
A minimum of one indoor swimming pool must be provided. The
pool shall contain an area equal to 10 square feet per guest room.
(d)
A minimum of two square feet per guest room for lockers, showers
and toilet area must be provided.
(e)
A minimum of two square feet per guest room for health club
space must be provided.
(2)
Restaurant space equal to at least 6% of the floor area of the
hotel must be provided.
(3)
A minimum of 1,200 square feet of retail space must be provided
within the hotel. Retail space is limited to those businesses which
are commonly found within hotels and provide services to hotel guests.
A maximum of 10% of the floor area of the hotel may be devoted to
such retail uses.
(4)
Parking requirements are as follows:
(a)
One parking space per guest room.
(b)
One parking space for each employee. The shift having the most
employees shall be used to calculate employee parking needs.
(c)
One parking space for every three seats in the restaurant(s)
and/or lounge(s) and/or conference/banquet space. Where it can be
proved that shared parking will occur, reductions in the required
number of parking spaces may be permitted.
(5)
The main lobby must contain a minimum area of 5,000 square feet, exclusive of conference, banquet, restaurant, cocktail or lounge space and retail space. This does not preclude restaurant, cocktail or lounge space and retail space within the lobby so long as the space is in addition to the minimum area required in Subsection O(2) and (3) above. Not more than 50% of the lobby may be used for commercial purposes such as restaurant, cocktail or lounge space, and retail space.
(6)
The maximum building height permitted is 45 feet. The maximum building height may be increased to 85 feet if a minimum lobby/atrium size of 15,000 square feet is provided, exclusive of conference, banquet, restaurant, cocktail or lounge space, and retail space mentioned above. This does not preclude restaurant, cocktail or lounge space, and retail space within the atrium so long as this space is in addition to the minimum area required in Subsection O(2) and (3) above. Significant public features such as gardens, sculptures, ornamental pools, plazas, etc., must be provided within the lobby and atrium. Not more than 50% of the atrium may be used for commercial purposes such as restaurant, cocktail or lounge space, and retail space. A proposed increase of height may be rejected or modified if found to have a potentially adverse effect upon a residential zone.
(7)
The minimum lot size for a hotel is 10 acres. The maximum FAR
permitted for hotels on individual lots of 10 acres or more is 0.28.
This maximum FAR will not apply when a hotel is part of an office
complex on a single lot. In such an instance, the maximum FAR of the
REO and/or RD Zone shall apply. In both instances, lobbies (exclusive
of conference, banquet, auditoriums, restaurant, cocktail or lounge
space and retail space), indoor and outdoor swimming pools, health
clubs (for guests only), public open space (such as gardens, plazas,
ornamental pools, etc.), any other indoor and outdoor recreational
areas and other nonleasable space shall not be included in calculating
the maximum FAR.
(8)
The maximum impervious surface coverage (MIS) is 55%, whether on an individual lot or on a lot combined with other permitted uses. Those uses and areas noted in Subsection O(7) above, as excluded from the FAR calculations, are also excluded from the MIS calculation.
(9)
Decked parking lots are permitted and are excluded from FAR
calculations, but are included in MIS calculations.
(10)
All the standards of the RD Zone and this chapter shall apply.
P.
Nursing homes.
(1)
The minimum lot area for a nursing home shall be five acres.
(2)
The minimum lot width at the front building line shall be 300
feet.
(3)
The minimum front yard shall be 75 feet.
(4)
There shall be two side yards no less than 100 feet in aggregate
width, and neither yard shall be less than 50 feet.
(5)
There shall be a rear yard with a depth of not less than 50
feet.
(6)
Not more than 20% of the area of each lot may be occupied by
buildings.
(7)
No buildings or structures shall exceed a height of 35 feet
or 2 1/2 stories.
(8)
Each nursing home shall be served by public water supply and
sanitary sewer facilities.
(9)
Along each side or rear property line, an evergreen buffer strip
shall be provided.
(10)
No service areas may be on any street frontage.
Q.
Pinball and electronic game arcade. Pinball and electronic game arcades
may be permitted within shopping centers which meet the criteria of
this chapter in Highway Commercial Zone Districts, provided that such
establishments meet the following conditions:
(1)
At least one adult manager must be present during all hours
of operation.
(2)
Noise and vibration noise when measured at the entrance to such an establishment may not exceed levels as outlined in Article IV of this chapter.
(3)
Indoor seating for customers shall not be permitted in such
establishments.
R.
Public and private schools and colleges.
(1)
Public and private schools must meet the New Jersey State Board
of Education design standards as stipulated in Section 300 of "A Guide
for School House Planning and Construction," dated 1969, and all subsequent
revisions.
(2)
On-site parking areas, theaters, auditoriums, stadiums, gymnasiums,
cafeterias and dormitories must be located at least 100 feet from
any property line adjoining a residential zone and be heavily buffered
with evergreen plantings and fencing.
(3)
All colleges and universities must prepare a community impact
analysis, including but not limited to a traffic impact study.
(4)
All junior and senior high schools and colleges and universities
must have primary access to an eighty-foot-wide or wider right-of-way
and a fifty-foot-wide cartway.
S.
Public utility uses.
(1)
For the purposes of this chapter, the term "public utility uses"
shall include such uses as telephone dial equipment centers, power
substations and other public utility services.
(2)
The proposed installation in a specific location must be reasonably
necessary for the satisfactory provision of service by the utility
to the neighborhood or area in which the particular use is to be located.
(3)
The design of any building in connection with such facilities
must conform to the general character of the area and not adversely
affect the safe, comfortable enjoyment of property rights in the zone
in which it is located.
(4)
Adequate fences and other safety devices must be provided as
may be required. Fences, when used to enclose public utility facilities
such as electrical power substations, shall be built in accordance
with the applicable requirements of the New Jersey Board of Public
Utility Commissioners and the National Electrical Safety Code in effect
at the time of construction.
(5)
Sufficient landscaping, including shrubs, trees and lawns, shall
be provided and maintained.
(6)
Off-street parking shall be provided as determined by the Planning
Board during site plan review.
(7)
All of the area, yard, building coverage and height requirements
of the respective zone and other applicable requirements of this chapter
must be met.
(8)
Public utility facilities, such as pumping stations, repeater
stations, electric substations, etc., which require a structure above
grade shall design the structure to harmonize with the character of
the neighborhood and shall have adequate fences and other safety devices.
A site plan shall be furnished to the Planning Board for review and
approval.
T.
Raising and housing of swine in excess of 10.
(1)
No building, run, exercise pen or other enclosure shall be closer
to any property or street line than 200 feet.
(2)
All outside areas used for the enclosure of animals shall be
fenced with a four-foot-high chain-link fence or an equivalent barrier
satisfactory to the reviewing board.
(3)
All outside enclosures visible from adjoining properties and
rights-of-way must be additionally screened with heavy evergreen plantings
at least four feet wide with a four-foot height at planting.
U.
Raising, breeding and keeping of small animals raised for sale as
pets or for laboratory research purposes.
(1)
No building, run, exercise pen or other enclosure shall be closer
to any property or street line than 200 feet.
(2)
All outside areas used for the enclosure of animals shall be
fenced with a six-foot-high chain-link fence or an equivalent barrier
satisfactory to the reviewing board.
(3)
All outside enclosures visible from adjoining properties and
rights-of-way must be additionally screened with heavy evergreen plantings
at least four feet wide with a four-foot height at planting.
V.
Senior citizen housing.
(1)
No site shall contain less than five acres.
(2)
No building shall exceed five stories or 60 feet in height.
(3)
Not more than 25% of the area may be occupied by buildings.
Maximum building coverage may be increased by 5% for any proposal
consisting of buildings with a maximum height of 35 feet.
(4)
The minimum front, side and rear yards shall be not less than
50 feet.
(5)
The minimum distance between buildings shall be 50 feet, except
for garages and other accessory buildings.
(6)
The minimum right-of-way for any street, road or thoroughfare,
whether public or private, shall be 50 feet.
(7)
The proposed development shall not be divided by a major collector
or arterial road.
(8)
The project must be served by adequate utility services, including
storm drains, public water and public sewerage facilities.
(9)
The maximum residential density shall not exceed 18 dwelling
units per acre.
(10)
No dwelling unit shall contain more than two bedrooms.
(11)
Individual dwelling units shall meet or exceed minimum design
requirements specified by the New Jersey Housing Finance Agency.
(12)
One parking space per dwelling unit should be provided on site.
No parking space shall be located beyond 150 feet of any dwelling
unit.
(13)
A ten-foot landscaped and fenced buffer shall be located along
all property lines abutting nonresidential uses. Provision may be
made for a lighted pathway to any adjacent commercial use deemed by
the Township to be advantageous for senior citizen use.
(14)
Landscaping and fencing buffering shall be located along all
property lines abutting residential uses where deemed appropriate
by the Township.
W.
Motor freight terminals.
(1)
The minimum lot area shall be 10 acres.
(2)
At least the first 50 feet from any street line and the first
25 feet from any property line shall not be used for the parking,
storing or maneuvering of trucks. This area shall be planted and maintained
in lawn area or ground cover or landscaped with evergreen shrubbery.
(3)
Trucks, including tractor or trailer units, parked or stored
on the lot shall be arranged in an orderly manner in allocated spaces
as shown on an approved site plan.
(4)
Trailer units shall be parked or stored only on paved surfaces,
and concrete surfaces shall be required under trailer support devices
(e.g., crank-down wheels or pads).
(5)
All repair and service operations shall take place within completely
enclosed buildings in compliance with setback requirements for the
zone.
(6)
At least 5% of the area devoted to truck parking and storage
shall be landscaped. The landscaping should be located in protected
areas along walkways, center islands and at the ends of bays.
X.
Fast food restaurant. A fast food restaurant may be permitted in
Highway Commercial Zones only, provided that the following conditions
are met:
(1)
The minimum lot size is one acre.
[Amended 9-16-2014 by Ord. No. 14-064]
(2)
The minimum frontage is 250 feet.
(3)
The minimum lot depth is 260 feet.
(4)
The minimum front setback is 60 feet.
(5)
The minimum side yard requirement is 60 feet.
(6)
There is a buffer strip adjacent to the front property line
of 20 feet.
(7)
Side and rear buffer strips of 15 feet must be provided. Where
the property abuts a residential use or district, these buffers must
be increased to 25 feet. In addition to landscaped buffering, fast
food restaurants shall be screened from abutting properties by a decorative
masonry or wooden fence of acceptable design, six feet in height.
No such wall or fence shall be located so as to obstruct safe traffic
vision.
[Amended 9-16-2014 by Ord. No. 14-064[3]]
[3]
Editor's Note: This ordinance also repealed original subsection
(x)(8), regarding maximum lot coverage, which immediately followed
this subsection.
(8)
There shall be at least one major means of access and egress,
divided by a median strip. Entrances and exits shall be located at
least 80 feet from a street intersection.
(9)
Minimum off-street parking requirements shall be one space per
two seats plus one space per each full-time employee.
[Amended 9-16-2014 by Ord. No. 14-064]
(10)
Direct access from the roadway right-of-way line to the nearest
turn or parking space on the lot on which the fast food establishment
is located shall be an unobstructed distance of at least 20 feet.
(12)
All site work shall conform to the general regulations and site design standards in Article IV of this chapter.
(13)
All service, storage and trash areas shall be completely screened
from public view. All outside trash receptacles shall be located within
an enclosure constructed of decorative masonry material, a minimum
of four feet and a maximum of six feet in height, and shall be provided
with opaque gates of the same height.
(14)
A fast food restaurant may not be located within 1,000 feet
of a school, church, synagogue or other place of worship, or a hospital,
nursing home or home for the aged. The distance shall be measured
between the two closest property lines.
[Amended 2-5-2013 by Ord. No. 13-004]
(15)
The minimum distance between driveways and adjacent property
lines shall be 20 feet measured from the curb return to an extension
of the side property line.
(16)
The minimum distance between driveways on the site shall be
65 feet measured between the curb returns.
(17)
Drive-in-window lanes shall be physically separated from the
traffic circulation system on the site by means of concrete-curbed
and landscaped islands which allow for a minimum width of two feet
for landscaping. The drive-in-window aisle shall have a minimum width
of 10 feet. The length of the drive-in lane shall be such as to permit
the stacking of a minimum of 10 vehicles. Allowance must be made to
allow customers who have received their orders to bypass vehicles
that are awaiting a special order.
(18)
Lighting. In addition to standards in Article IV of this chapter, the light source shall not be higher than the height of the roof.
(19)
All utility lines on the site shall be installed underground.
(20)
Sites shall be so designed as to not permit a conflict between
pedestrian and vehicular drive-in traffic in either the stacking lane
or drive-in exit.
Y.
Radio or television broadcasting towers or antennas. Radio or television
broadcasting towers or antennas may be permitted in REO and RD Zones
only, provided that the following conditions are met:
(1)
The towers and antennas must be associated with radio or television
broadcasting stations, including studios, auditoriums and other rooms
for performances, and including office and other space incident to
and necessary for the principal use, exclusive of broadcasting towers
and antennas.
Z.
Single-user warehouse club. With regard to single-user warehouse clubs, as defined in § 550-82D above, the following schedule shall apply, notwithstanding any other provisions of this chapter:
(1)
Minimum lot area: 40 acres.
(2)
Floor area ratio: 0.065.
(3)
Maximum impervious area: 40%.
(4)
Minimum frontage on an arterial road of 900 feet.
(5)
At least the first 300 feet adjacent to any arterial road and
70 feet adjacent to any street and 50 feet adjacent to any lot line
shall not be used for parking and shall be planted and maintained
in lawn area or ground cover and landscaped with trees and evergreen
shrubbery. Any parking proposed within the front yard shall be screened
by a landscaped berm of at least four feet in height and having a
slope of three to one.
No garden apartment dwelling shall be constructed in the Township unless the dwelling is part of an approved site plan and unless the following minimum standards are met in addition to § 550-75 of this chapter:
A.
Each dwelling unit and combined complex of dwelling units shall have
a compatible architectural theme with variations in design to provide
attractiveness to the development, which shall include consideration
of landscaping techniques, building or orientation to the site and
to other structures, topography, natural features and individual dwelling
unit design, such as varying unit width, staggering unit setbacks,
providing different exterior materials, changing rooflines and roof
designs, altering building heights and changing types of windows,
shutters, doors, porches, colors, and vertical or horizontal orientation
of the facades, singularly or in combination, for each dwelling unit.
B.
All dwelling units shall be connected to approved and functioning
public water and sanitary sewer systems. Prior to approval, an applicant
must obtain a certificate from the appropriate agency allocating capacity
in the system to the garden apartment development. Garden apartment
units shall be connected to these systems prior to the issuance of
a certificate of occupancy.
C.
All parking facilities shall be on the same site as the building
and located within 150 feet of the nearest entrance of the building
they are intended to serve. Parking spaces shall be provided in areas
designed specifically for parking, and there shall be no parking along
interior streets. The total area devoted to both parking and interior
streets shall not exceed 35% of the tract.
D.
Apartment buildings may consist of any configuration that meets the
prescribed area and yard requirements and does not exceed the following
overall or component building lengths: 200 feet on one plane; 340
feet on any angle; 500 feet along the center line. Building coverage
shall not exceed 20% of the tract area. Buildings shall provide one
opening at ground level at least every 250 feet, measured along the
center line. This opening shall be a minimum of 15 feet in clear width
and height and shall be at an elevation enabling emergency vehicle
access through the opening.
E.
No portion of any dwelling unit shall be a basement.
F.
Each dwelling unit shall have two separate means of egress to the
ground, except that any windowsill which is 12 feet or less above
the ground level below it shall be considered a separate means of
egress.
G.
In addition to any storage area contained inside individual dwelling
units, there shall be provided for each dwelling unit 200 cubic feet
of storage area, in a convenient, centrally located area in the basement
or ground floor of the dwelling structure, where personal belongings
and effects may be stored without constituting a fire hazard and where
said belongings and effects may be kept locked and separated from
the belongings of other occupants. In addition, there shall be a minimum
common storage area in each building of 50 cubic feet per dwelling
unit located convenient to the outside ground level for bicycles,
perambulators and similar types of equipment.
H.
No outside area or equipment shall be provided for the hanging of
laundry or the outside airing of laundry in any manner. A laundry
shall be provided within each building with sufficient area and equipment
for the laundering and artificial drying of the laundry belonging
to the occupants of each building.
I.
Each apartment building shall contain a single master television
antenna system, which shall serve all dwelling units within the building.
J.
Each garden apartment dwelling unit shall have the following minimum
floor areas:
|
Type of Unit
|
Floor Area
(square feet)
|
|---|---|
|
Efficiency or studio
|
500
|
|
One-bedroom
|
700
|
|
Two-bedroom
|
800
|
(1)
Each additional bedroom shall require that a minimum of 200
additional square feet be added to the gross floor area of the garden
apartment dwelling.
K.
Trash and garbage. Each garden apartment complex shall provide for
the private removal of trash and garbage and shall provide and locate
steel dumpster containers convenient to the apartment dwelling units
which will be served by such a container. All dumpsters shall be screened
from view by decorative masonry walls, shrubs or fences satisfactory
to the municipal agency. They shall be located on concrete pads with
a pounds-per-square-inch rating sufficient to withstand the weight
of garbage disposal trucks.
L.
Maximum size of buildings. No more than 16 dwelling units shall be
contained in any one building, and there shall be no more than four
dwelling units in any unbroken line. A setback of not less than eight
feet shall be deemed a satisfactory offset in the building line.
No townhouse dwelling shall be constructed in the Township unless the dwelling is part of an approved site plan and unless the following minimum standards are met, in addition to § 550-75 of this chapter:
A.
Each dwelling unit and combined complex of dwelling units shall have
a compatible architectural theme with variations in design to provide
attractiveness to the development, which shall include consideration
of landscaping techniques, building orientation to the site and to
other structures, topography, natural features and individual dwelling
unit design, such as varying widths, staggering unit setbacks, providing
different exterior materials, changing rooflines and roof designs,
altering building heights and changing types of windows, shutters,
doors, porches, colors, and vertical or horizontal orientation of
the facades, singularly or in combination, for each dwelling unit.
B.
In order to prevent the development of long and monotonous buildings
and ridgelines which serve to increase the sense of density, lack
interest and liken the development to a barracks, overall structures
of attached townhouses shall consist of no more than eight townhouse
dwelling units. There shall be at least three different ridgeline
heights in each overall structure of attached townhouses, which shall
vary by at least three feet. In any overall structure of attached
townhouses, no more than two adjacent dwelling units shall have the
same setback. Setbacks shall vary by at least eight feet.
C.
The monotony of long overall structures of attached townhouses is
considerably diminished when such structures are sited on gently rolling
lands. In such instances, the municipal agency may approve the construction
of overall structures of attached townhouses containing nine or 10
townhouse dwelling units.
D.
All dwelling units shall be connected to approved and functioning
public water and sanitary sewer systems. Prior to approval, an applicant
must obtain a certificate from the appropriate agency allocating capacity
in the system to the townhouse development. Townhouse units shall
be connected to these systems prior to the issuance of a certificate
of occupancy.
E.
No townhouse dwelling unit shall be less than 16 feet wide. Building
coverage shall not exceed 20% of the tract area.
F.
No outside area or equipment shall be provided for the hanging of
laundry or the outside airing of laundry in any manner. Each townhouse
unit shall have specific areas allocated with enough floor space to
contain a washing machine and a dryer.
G.
Each building shall contain a single master television antenna system,
which shall serve all dwelling units within the building.
H.
Each townhouse dwelling unit shall have the following minimum floor
areas:
|
Type of Unit
|
Floor Area
(square feet)
|
|---|---|
|
One-bedroom
|
800
|
|
Two-bedroom
|
1,000
|
|
Three-bedroom
|
1,200
|
(1)
Each additional bedroom shall require that a minimum of 250
additional square feet be added to the gross floor area of the townhouse
dwelling. No townhouse unit shall be located above another townhouse
unit.
I.
Minimum yard areas shall be measured horizontally in feet and shall
be measured away from the front, side and rear of each building. The
total minimum distance between buildings shall be the sum of two abutting
yard areas. No building, as measured radially from any corner, shall
be closer to any other building corner than the combined distances
of the side yard requirements for each building. The combined distance
of two side yards shall exclude any driveway or vehicular access,
such driveway or vehicular access width being in addition to the combined
side yard width.
J.
Trash and garbage. Each townhouse complex shall provide for the private
removal of trash and garbage. Townhouse units shall be designed to
provide for storage of trash and garbage, subject to municipal agency
approval. The use of outside dumpster containers is prohibited.
[Amended 6-16-1993 by Ord. No. 93-031]
A.
Planned neighborhoods and planned communities.
(1)
Principal permitted uses on the land and in buildings.
(a)
Detached dwelling units, which shall account for at least 20%
of all residential units.
(d)
Uses permitted in the NC District, including supermarkets, in accordance with standards specified in § 550-76 of this chapter. No more than 5% of either a planned neighborhood or a planned community tract may be devoted to such uses.
(e)
Uses permitted in the REO District in accordance with the standards specified for such uses in § 550-81 of this chapter, provided that such uses are permitted in planned communities only; and provided, further, that not more than 25% of the total tract area for the planned community may be devoted to such uses and not less than 5% of the total tract area for the planned community shall be devoted to such uses. If an applicant can demonstrate through a market analysis that this requirement is impractical, the municipal agency may reconsider this requirement.
(2)
Accessory uses permitted.
(a)
Pools.
1.
A community swimming pool(s) located within the common space
to service the residents of the planned neighborhood development or
planned community development shall be permitted.
2.
No swimming pool shall be permitted in conjunction with any
dwelling unit, except for a child's wading pool, which shall be no
larger than six feet in diameter and 18 inches in depth. The wading
pool shall be stored when not in use.
(b)
Off-street parking and private garages.
(c)
Fences. (See § 550-114.)
1.
Single-family detached dwelling units.
a.
Fences shall be no more than five feet in height.
b.
Fences shall complement the structural style, type and design
of the dwelling unit.
c.
A construction permit is required for the installation of fencing.
d.
A resolution of approval from the open space organization is
required for the issuance of a permit for the installation of fencing.
2.
Townhouse units.
a.
Fences shall be no more than five feet in height.
b.
Fences should complement the structural style, type and design
of the townhouse unit.
c.
A construction permit is required for the installation of fencing.
d.
A resolution of approval from the open space organization is
required for the installation of fencing.
3.
Apartments/condominiums. No fences shall be permitted for any
apartment/condominium unit.
4.
Any fence which was installed prior to July 1, 1986, without
a construction permit shall be permitted to remain on the property,
provided that:
(d)
Signs.
(e)
Temporary construction trailers and one sign, not exceeding
100 square feet, advertising the prime contractor, subcontractor(s),
architect, financial institution and similar data, for the period
of construction beginning with the issuance of a construction permit
and concluding with the issuance of a certificate of occupancy or
one year, whichever is less, provided that said trailer(s) and sign
are on the site where construction is taking place and are set back
at least 15 feet from all street and lot lines.
(f)
Decks and patios.
1.
Single-family detached dwelling units. Minimum requirements
shall be:
2.
Townhouse units. Minimum requirements shall be:
a.
Side yard setback, each: one foot. In the case of end townhouse
units, decks and patios shall not extend beyond the side building
line of the townhouse unit.
b.
Rear yard setback: Decks and patios shall not extend more than
10 feet from the rear building line of the townhouse unit. This distance
shall be measured from a point on the rear building line farthest
from the rear lot line.
c.
Maximum lot coverage: not applicable.
d.
Height. Decks shall be no higher than four feet above grade.
(This requirement does not apply to developments whose building elevations
were previously approved and showed decks exceeding this height.)
e.
Decks and patios shall not be included in calculating the minimum
setbacks required between townhouse buildings or between townhouse
buildings and apartment/condominium buildings or between townhouse
buildings and single-family detached homes or between townhouse buildings
and the site's property line.
3.
Apartment/condominium units. Decks and patios shall not be permitted
accessory uses to apartment/condominium units.
(g)
Sheds.
1.
Single-family detached dwelling units.
a.
Only one shed may be permitted on a single-family detached dwelling
unit lot.
b.
Sheds shall be located in the rear yard.
c.
Sheds shall complement the structural style, type and design
of the dwelling unit.
d.
The area of a shed shall be considered in calculating the permitted
building coverage in the zone, which is a maximum of 25% of the lot
area.
e.
A shed shall not exceed 100 square feet in area and 10 feet
in height. The dimension of any side of a shed shall not exceed 10
feet.
f.
A construction permit is required for the construction of all
sheds.
g.
A resolution of approval from the open space organization is
required for the issuance of a construction permit for the construction
of a shed.
2.
Townhouse units.
a.
Only one shed may be permitted on a townhouse unit lot.
b.
Sheds shall be located in the rear yard.
c.
Sheds shall complement the structural style, type and design
of the townhouse unit.
d.
The area of a shed shall be considered in calculating the permitted
building coverage in the zone, which is a maximum of 25% of the lot
area.
e.
A shed shall not exceed 64 square feet in area and eight feet
in height. The dimension of any side of a shed shall not exceed eight
feet.
f.
A construction permit is required for the construction of all
sheds.
g.
A resolution of approval from the open space organization is
required for the issuance of a construction permit for the construction
of a shed.
3.
Any shed which was installed prior to July 1, 1986, without
a construction permit shall be permitted to remain on the property,
provided that:
(h)
Porches.
1.
Single-family detached dwelling units. Minimum requirements:
a.
Side yard setback, each: 10 feet.
b.
Rear yard setback: 18 feet.
c.
Maximum lot coverage: The size of the porch shall be computed
in determining the maximum lot coverage, which shall not exceed 25%
of the lot area.
d.
The porch shall be finished with the same roofing and siding
materials and in the same colors as the principal building.
e.
Not less than 40% of the area of each side shall be either screened
or open. The porch shall not be heated.
f.
Porches are prohibited in front yards and side yards.
2.
Townhouse and apartment/condominium units. Porches are not permitted
accessory uses to townhouse and apartment/condominium units.
(i)
(j)
Boats, campers and trailers. No boats, campers or trailers of
any type shall be permitted on the property.
(k)
Mopeds, motorcycles. No motorcycles or mopeds shall be permitted
on any lawn or sidewalk area and shall only be parked in vehicle parking
areas or driveways of individual lots.
(3)
Maximum building height. No building may exceed 35 feet in height,
except as provided in the following provision: Garden apartments and
townhouses may not exceed 45 feet in height or three stories.
(4)
Maximum residential density.
(a)
Planned neighborhoods shall be developed at a gross density
of not more than six dwelling units per acre, excluding any acreage
devoted to the optional neighborhood commercial uses.
(b)
Planned communities shall be developed at a gross density of
not more than eight dwelling units per acre, excluding any acreage
devoted to the optional neighborhood commercial uses and the required
research and development uses.
(5)
Area and yard requirements (detached dwellings):
|
Minimum requirements
| |||
|
Principal building:
| |||
|
Lot area (square feet)
|
7,000
| ||
|
Lot frontage (feet)
|
70
| ||
|
Lot width (feet)
|
70
| ||
|
Lot depth (feet)
|
90
| ||
|
Side yard, each (feet)
|
10
| ||
|
Front yard (feet)
|
30
| ||
|
Rear yard (feet)
|
30
| ||
|
Accessory building:
| |||
|
Distance to side line (feet)
|
6
| ||
|
Distance to rear line (feet)
|
6
| ||
|
Distance to other building (feet)
|
10
| ||
|
Maximum requirements
| |||
|
Building coverage (percent)
|
25%
| ||
(6)
(8)
Open space requirements: see Subsection B below.
(a)
Temporary sales office trailer.
1.
The trailer shall be located on the same lot as the principal
permitted use and shall meet all setback requirements for principal
buildings in the zone.
2.
The trailer shall be used only until the first model building
is suitable for occupancy. The sales office shall then be relocated
to a unit(s) within the building. The trailer, all related improvements
and appurtenances must be removed and the trailer site restored within
30 days of the office relocation.
B.
Open space requirements.
(1)
A minimum buffer of 100 feet shall be provided where any planned
neighborhood development abuts Veterans' Park. This buffer shall be
left in its natural state where wooded and supplemented with landscaping
where necessary.
(2)
Open space shall be optimally related to the overall plan and
design of the development and improved to best suit the purpose(s)
for which it is intended. Land utilized for street rights-of-way shall
not be included as part of the open space percent requirements. Land
to be devoted to public purposes may be offered to the Township or
may be owned and maintained by an open space organization. Any lands
intended to be offered to the Township for public purposes shall be
so declared prior to preliminary approval. All lands not offered to
and/or not accepted by the Township shall be owned and maintained
by an open space organization. All streets within the development
shall be dedicated to the Township.
(3)
All bikeways in planned neighborhood developments must connect
with the existing system in Veterans' Park.
(4)
Any lands offered to the Township shall meet the following requirements:
(a)
The minimum size of each parcel offered shall be two acres.
(b)
Lands offered for recreational purposes shall be improved by
the developer, including equipment, ways and landscaping, in order
to qualify the lands for acceptance by the Township.
(c)
Any lands offered to the Township shall be subject to review
by the Planning Board, which in its review and evaluation of the suitability
of such land shall be guided by the Master Plan of the Township, by
the ability to assemble and relate such lands to an overall plan,
and by the accessibility and potential utility of such lands. The
Planning Board may request an opinion from other public agencies or
individuals as to the advisability of the Township's accepting any
lands to be offered to the Township.
(d)
Every parcel of land offered to and accepted by the Township shall be conveyed to the Township by deed at the time final plan approval is granted by the Township. The deed shall contain such restrictions as may reasonably be required by the Planning Board to effectuate the provisions of Subsection B(4) hereinabove pertaining to the use of such areas.
(e)
Slopes exceeding 15% may only account for up to 10% of minimum
open space requirements.
(f)
Water bodies may only account for up to 10% of minimum open
space requirements.
(g)
Both slopes exceeding 15% and water bodies may only account
for up to 12% of minimum open space requirements.
(5)
An open space organization established for the purpose of owning
and maintaining common lands and facilities, including conservation,
open space, floodplain, recreation and park areas, shall be in accordance
with N.J.S.A. 40:55D-43 and the following provisions:
(a)
Membership in a created open space organization by all property
owners shall be mandatory. Such required membership in any created
open space organization and the responsibilities upon the members
shall be in writing between the organization and the individual in
the form of a covenant, with each member agreeing to his liability
for his pro rata share of the organization's cost, and provided that
the Township shall be a party beneficiary to such covenant entitled
to enforce its provisions. The terms and conditions of said covenant
shall be reviewed by both the Township Attorney and the Planning Board
Attorney prior to final approval.
(b)
Executed deeds shall be tendered to the Township simultaneously
with the granting of final approval, stating that the prescribed use(s)
of the lands in the common ownership shall be absolute and not subject
to reversion for possible future development.
(c)
The open space organization shall be responsible for liability
insurance, municipal taxes, maintenance of land and any facilities
that may be erected on any land deeded to the open space organization
and shall hold the Township harmless from any liability. The applicant
shall certify to the municipal agency that all lands and appurtenant
facilities dedicated to the open space organization and/or the municipality
shall be free and clear of any and all liens and encumbrances. Additionally,
all appurtenant facilities shall not be leased to the open space organization
by the applicant.
(d)
Any assessment levied by the open space organization may become
a lien on the private properties in the development. The duly created
open space organization shall be allowed to adjust the assessment
to meet changing needs, and any deeded lands may be sold, donated
or in any other way conveyed to the Township for public purposes only.
Until such time as the applicant relinquishes his interests in an
open space organization, he shall assume a proportionate share of
such assessments. Prior to the granting of final approval, the applicant
shall develop an estimate of what assessments will be over a three-year
period of time. Estimates of assessments and actual assessments shall
include expected annual operating expenses as well as a reserve for
future repairs and maintenance, as well as an inflationary increment,
such as a cost-of-living index. Such estimates shall be required to
be shown to all prospective purchasers and/or renters of dwelling
units.
(e)
The open space organization initially created by the developer
shall clearly describe in its bylaws the rights and obligations of
any homeowner and tenant in the planned development, along with the
covenant and model deeds and the articles of incorporation of the
association, prior to the granting of final approval by the Township.
(f)
Part of the development proposals submitted to and approved
by the Township shall be provisions to ensure that control of the
open space organization will be transferred to the individual lot
owners in the development based on a percentage of the dwelling units
sold and/or occupied, together with assurances in the bylaws that
the open space organization shall have the maintenance responsibilities
for all lands to which they hold title.
(g)
Facilities permitted in neighborhood business, community commercial
and research, engineering and office districts shall be charged an
assessment by the open space organization, based upon the relative
benefits received from the use of roads, lighting facilities and aesthetic
values of the open space system in the community.
(h)
Voting within the open space organization shall be based upon
the degree of economic interest which the owners of single-family
houses, townhouses or condominiums and the renters of apartments have
in the community.
(i)
Should the development consist of a number of stages, allowances
shall be made in the open space organization's documents to allow
for the enlargement of that organization by the addition of new sections
of the development.
(j)
There shall be no clause in the open space organization's documents
that would bar it from taking legal action against the developer.
(k)
A mechanism for the disposal of internal disputes shall be established
within the open space organization's documents. Compulsory arbitration
before a third party shall be established so that a dispute may be
internally resolved before it reaches a legalistic level.
(l)
Methods of change shall be provided for the document.
(m)
Responsibilities of open space organization and Township.
1.
The open space organization shall also be responsible for the
following within all common property (including parking lots and drives
and streets not dedicated to the Township):
a.
Maintenance of all utilities and infrastructure (including,
but not limited to, sanitary sewers, storm drains, paving, curbs,
sidewalks, etc.).
b.
Payment for the cost of lighting of streets, parking lots and/or
other outdoor and interior lighting.
c.
Provision of trash collection and removal.
d.
Provision of snowplowing.
2.
On the streets dedicated to the Township, the Township shall
be responsible for the following:
a.
Maintenance of all utilities and infrastructure (including but
not limited to sanitary sewers, storm drains, paving, etc.). Curbs
and sidewalks, however, shall be the responsibility of the owners
of detached single-family homes which front on the dedicated streets.
b.
Provision of streetlighting.
c.
Provision of trash collection and removal for those single-family
detached homes which front on the dedicated streets.
d.
Provision of snowplowing.
3.
The above provisions which outline the responsibilities of the
Township and the open space organization shall be made part of each
deed, public offering statement, master deed, unit deeds and other
bylaws of the homeowners' association.
(n)
Any changes regarding structures or physical conditions in the
planned neighborhood development or planned community development
by the open space organization or by the individual unit owner must
be in accordance with the organization's covenants, deeds, restrictions
and/or bylaws. Building or other permits must be obtained for such
changes, and it is the applicant's responsibility to document that
what is proposed is in accordance with the aforementioned organization
documents, and provided that said changes do not require Planning
Board approval. Any changes regarding structures or physical conditions
in the planned neighborhood development or planned community development
not in accordance with the aforementioned organization documents require
Planning Board approval.
(6)
Should the proposed development consist of a number of stages,
the Planning Board may require that open space acreage, proportionate
in size to the stage being considered for final approval, be set aside
simultaneously with the granting of final approval for that particular
stage, even though these lands may be located in a different section
of the overall development.
C.
General requirements.
(1)
Prior to preliminary approval, the developer shall submit a
preliminary public sewer system plan, which will serve the dwelling
units in the development, together with letters from the appropriate
municipal, county and state officials indicating the feasibility of
such a sewer plan and the fact that the sewer treatment plant has
sufficient capacity to serve the development.
(2)
Any proposal for planned development may include provisions
for the phasing of construction over a period of years, provided that
the following terms and conditions, intended to protect the interests
of the public and of the residents, occupants and owners of the proposed
development, are met:
(a)
Where the development is intended to be phased over a number
of years, prior to the granting of preliminary approval for the entire
planned development, there shall be an explanation, including appropriate
maps, indicating the location, number and type of units to be constructed
in each phase and the priority of each phase. Each development phase
shall indicate its relationship to the circulation and utilities systems
completed up to that point in order to assure their adequacy to serve
the total development.
(b)
Preliminary approval shall be granted for the complete planned
development proposal before final approval shall be granted for any
phase.
(c)
Each development phase shall maintain a proportional balance
of residential uses and nonresidential uses, recreational facilities
and open space to serve the residents. For all development phases
subsequent to the first phase, no building permits may be issued for
construction of units in any such phase until construction of preceding
phases is substantially completed. ("Substantially completed" shall
be taken to mean that, as a minimum, all exterior finish, paving,
fine grading, seeding and landscaping shall have been completed.)
(3)
No certificate of occupancy shall be issued for any building
or part thereof until all streets, drainage, parking facilities and
sewer facilities servicing said structure are properly completed and
functioning.
(4)
Commercial facilities shall be designed and intended to serve
residents of the planned development.
(5)
Recreational areas and facilities shall be readily accessible
to all residents of the planned development via walkways and/or bicycle
paths.
(6)
If a development is to be staged over a period of years, a phased
development plan shall be shown prior to preliminary approval. The
net density of the land development in each phased area shall be shown
with a timetable for development.
(7)
Open space shall be distributed throughout the development in
an equitable manner.
D.
Special requirements for all developments within the planned neighborhood
districts adjacent to Hamilton Veterans' Park. The following clause
shall be included in all public offering statements for these properties:
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"Please be advised that your development is located adjacent
to Veterans' Park, which contains lighted ball fields and tennis courts,
a soccer field, court games (croquet, bocce, shuffleboard, etc.) with
equipment available. In addition, there are playgrounds, walking,
biking and jogging trails and the historic Abbott Farm complex. The
athletic fields are used for both league play and special regional
sports tournaments. You should expect that there will be increased
noise and traffic when the fields and courts are in use. You should
also expect to see the fields and courts lighted in the evenings,
with some lighting spillover onto your development. The Township of
Hamilton also sponsors events in the park. Among these, the Fourth
of July is celebrated with an evening fireworks display and, in the
Fall, the Township sponsors Septemberfest, when the park is transformed
into a day-long festival with various contests, displays, demonstrations,
musicians, clowns, hayrides and food booths. A certain amount of inconvenience
may also be expected from such festivals and special events."
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[Added 9-18-1996 by Ord. No. 96-042]
The physical appearance of a planned development shall be of
the highest quality. It is necessary that planned developments adhere
to a set of standards and criteria that addresses a variety of site
plan considerations, including layout, building massing and form,
and landscaping. This will result in an overall coordinated appearance
for a particular development. The standards and criteria listed below
must be incorporated into a general development plan submission for
a planned development. Design covenants shall incorporate, complement
and expand upon these standards and criteria. Such design covenants
may be required by the Planning Board as part of the general development
plan application, review and approval process.
A.
Site layout.
(1)
Passive solar design and orientation of buildings is encouraged.
(2)
Through the on-site circulation and building layout there shall
be minimum conflict between service vehicles, private automobiles
and pedestrians.
(3)
Visitor building entrances and vehicular entrance driveways
shall be readily identifiable and accessible to the first-time visitor.
(4)
The visual impact of large parking lots in front of buildings
and along street frontages shall be minimized with landscaping, earthen
berms and pedestrian systems and by making parking lots smaller.
(5)
Building entries shall be highlighted by such features, including:
(a)
Outdoor patios;
(b)
Display windows;
(c)
Ceremonial entry porte cocheres;
(d)
Plazas, paver block or brick crosswalks or other landscape features;
(e)
Overhangs and peaked roof forms;
(f)
Specially treated architectural walls;
(g)
Covered walkways;
(h)
Awnings and arcades;
(i)
Raised corniced parapets over the door;
(j)
Recesses and projections;
(k)
Arches;
(l)
Architectural details, such as tile work and molding;
(m)
Integral planters or wing walls that incorporate landscaped
areas and/or places for sitting.
(6)
Structures and uses shall be arranged and clustered to maximize
opportunities for shared circulation, parking, loading, pedestrian
walkways and plazas, recreation areas, transit-related facilities,
and day-and-night security surveillance.
B.
Building massing and form.
(1)
The architectural character of each proposed building or structure
shall be of contemporary design and style.
(2)
Buildings shall generally have a horizontal appearance brought
about by the use of horizontal bands and fascia to minimize the verticality
of the structure. Materials, colors and finishes shall be coordinated
on all exterior elevations of each building to achieve symphony of
expression.
(3)
No commercial statements of the occupant's products or services
shall be allowed as part of the building facade or elevation.
(4)
Architectural designs shall be evaluated in terms of the sensitive
integration of form, textures and colors with the particular landscape
and topographic characteristics of each individual site.
(5)
Groups of related buildings shall be designed to present a harmonious
appearance in terms of style and use of exterior materials, fenestration
and roof type.
(6)
Accessory buildings shall be architecturally treated in the
same manner as principal structures.
(7)
Building exterior walls shall be articulated to reduce the scale
and the uniform appearance of buildings and to provide visual interest
that will be consistent with the community's identity, character and
scale. The intent is to encourage a more human scale that residents
and workers will be able to identify with their community. As such,
one or a combination of the following shall be utilized in a planned
development:
(a)
Roofline variation.
(b)
Arcades, display windows and entry areas.
(c)
Grouping into smaller or multiple structures.
(d)
Mature landscaping and land form manipulation.
(e)
Wall texture placement and change.
(f)
Clustering small-scale elements such as planter walls around
the major form.
(g)
Creation of a horizontal and vertical shadow line.
(h)
Offsets and/or breaks in the building line.
(i)
Patterned walls.
(j)
Fenestration.
(k)
Color change.
(8)
Radical theme structures or signage, building and roof forms
which draw unnecessary attention from streets to the building shall
not be permitted.
(9)
The primary building objective is to maintain an architecturally
harmonious development. Each building shall be sensitive to the immediate
neighboring structure. Drastic variations in scale, texture or colors
shall not be permitted. Opportunities to provide walkway systems to
adjoining buildings, including common plazas or courtyards, are encouraged.
(10)
Each building shall be required to limit the consumption of
energy through adherence to New Jersey State Energy Code requirements.
(11)
All facades of a building which are visible from adjoining properties
and/or public streets should contribute to the pleasing scale features
of the building and encourage community integration by featuring characteristic
similar to the front facade.
C.
Building appearance.
(1)
To maintain a high standard of construction and appearance and
to provide interesting and tasteful exteriors, the exterior walls
of each building shall be constructed of durable permanent architectural
materials compatible with campus-like standards, tastefully handled,
i.e., carefully selected brick; stone with a weathered face or polished,
fluted or broken-faced. Predominant exterior building materials shall
not include smooth-faced concrete block, tilt-up concrete panels or
prefabricated steel panels.
(2)
Pre-engineered metal buildings, industrial-type structures featuring
predominantly painted exteriors, and corrugated metal-sided or clapboard
aluminum-sided "Butler" type buildings shall not be permitted.
(3)
All facade materials must be maintenance-free. There shall be
no exposed common concrete block on the exterior of any building,
and painted concrete block shall not be permitted.
(4)
Window treatment shall be required along the front and sides
of all noncommercial buildings.
(5)
Drainage pipes on building surfaces must be on the interior
and not exposed.
(6)
Building roofs are to be uncluttered. Vertical roof projections
such as towers, vents, stacks or roof-mounted equipment shall be integrated
into the architecture. All penetrations through the roof (i.e., mechanical
equipment or skylights) must be organized in a manner that is integral
to the architectural form of the building or completely screened from
view by parapet walls or approved enclosures. Screens shall be attractive
in appearance and reflect or complement the architecture of the building
to which they belong.
(7)
Design of canopies shall be in keeping with the design of the
building.
(8)
Rear loading areas shall be screened using architectural walls.
D.
Building color and texture.
E.
Parking and circulation.
(1)
Each building site must include adequate off-street automobile parking and loading facilities, and no parking or loading facilities shall be permitted on any street, entrance drive, or any place other than in an approved space. Off-street parking and loading design shall conform to those identified in § 550-119, although actual design may be based on site experiences at other locations. It may not be necessary to pave the entire parking area established by these ratios where it can be demonstrated that the minimum chapter requirements are in excess of need. In such cases, the land shall be reserved for future parking and set aside as open space, to be installed if occupancy changes require additional parking.
(2)
The Urban Land Institute's "Shared Parking Analysis" shall be
used by the applicant when it is deemed appropriate by the Planning
Board.
(3)
Parking areas should provide safe, convenient and efficient
access. They should be placed next to large buildings in order to
shorten the distance to other buildings and sidewalks and to reduce
the overall scale of the paved surface. If buildings are located closer
to streets, the scale of the complex is reduced, pedestrian traffic
is encouraged, and architectural details take on added importance.
(4)
All parking areas shall be screened from streets and adjacent
parcels by earth berms and landscaping to assure that the visual effect
of large paved areas and standing automobiles is minimized. The natural
landscape and building views should predominate. Parking areas shall
also be subdivided by islands containing trees and other landscape
materials. Planting islands shall be located at selected intervals
where they will aid in reducing the visual expanse of parking areas.
(5)
Parking areas shall be located to maximize the potential for
shared parking between on- and off-site complementary uses. Parking
areas shall be designed and located so as to facilitate transit, bicycle
and pedestrian access. Parking spaces closest to the building entrances,
in order, shall be reserved for:
(6)
Bicycle lockers and/or stands shall be provided as close to
building entrances as possible and may be located in front of a building.
If the building is served by a public bus line or if a private company
bus is expected to transport employees, a bus pullout or parking area
and a bus shelter shall be provided as close to a building entrance
as possible, either within the street right-of-way or on the site.
Private bus service shall be encouraged to carry employees to nearby
commercial areas at lunchtime.
(7)
The number of vehicular access driveways per lot shall be subject
to Planning Board review to ensure landscape continuity within the
setbacks while allowing the necessary flexibility for development
of individual lots. As a general planning guide, lot access shall
be limited and appropriately spaced. Consolidation of access drives
on adjacent lots shall be encouraged in conjunction with cross easements,
particularly when adjacent parcels are developed simultaneously. This
consolidation will reduce the number and area of driveway openings
on a given length of roadway, as well as provide applicants greater
latitude in developing their sites.
(8)
Provide continuous pedestrian and bicycle access to all uses
within and between developments and provide on-site directional signage
identifying the location of all uses within the planned development.
Barriers to handicapped and elderly persons shall be minimized.
(9)
Textured crosswalks are to be used where pedestrians come in
contact with vehicular traffic. All walks must be well-lighted with
bollards. On-site pedestrian linkages must connect buildings to external
perimeter pedestrian systems.
F.
Landscaping.
(1)
Landscaping shall be required in those areas that are designated
as setback areas, areas within parking lots, areas not used for ingress,
egress, parking or storage, and areas subject to grading and recontouring.
Although each site could have a different building configuration and
use and, in some cases, individual owners, an overall landscape theme
dealing with major design elements must be established. These elements
shall include:
(2)
On individual sites, a flexibility in design and choice of landscape
materials is permitted, provided such designs utilize and/or augment
suggested plant materials and plant sizes. Rear and side yards shall
be landscaped as to provide an effective screen, at the time of planting,
to obscure from view at ground level the permitted use from adjoining
uses of a dissimilar nature.
(3)
The design and development of landscaping shall:
(a)
Enhance the appearance of the site internally and from a distance;
(b)
Include street trees and streetside landscaping;
(c)
Provide an integrated open space and pedestrianway system within
the development with appropriate connections to surrounding properties;
(d)
Include, as appropriate, a bike path, bike lane, sidewalk, pedestrian
walkway or jogging trail;
(e)
Provide buffering or transitions between uses;
(f)
Provide conveniently located outdoor eating areas; and
(g)
Provide outdoor recreation areas appropriate to serve all the
uses within the development.
(4)
Landscaping shall be designed and installed in accordance with
professional standards, and all landscape plans shall be subject to
Planning Board review and approval. All landscaping, including lawn
areas, trees and shrubbery, shall be maintained in excellent condition
by the property owners' or development association by cutting, trimming,
feeding, watering and weeding. Plants shall be replaced as may be
required. Landscaping shall be installed upon the substantial completion
of the building, weather permitting, and an underground irrigation
system may be required by the Planning Board in some landscaped areas.
(5)
Existing vegetation to be preserved on each site must be designated
on each plan. Techniques to be employed to preserve such vegetated
areas shall be submitted to the Planning Board for review and approval.
Such techniques should address the following elements of tree structure
so as to avoid damaging effects during and after construction to these
elements: crown; branch system; dripline; existing grade, drainage
and soil character; root system and feeder root system.
G.
Reforestation and forest management.
(1)
Reforestation shall be required as mitigation if development
of a site results in the removal of trees from an existing woodlot.
Reforestation shall be in addition to a normal required landscape
plan and may either take place on site, off site within a Township
park, or within a Township-designated open space area.
(2)
A forest management plan may be required. It shall be prepared
by a professional forester and may include a timber harvesting element.
The plan shall be reviewed and approved by the Planning Board.
(3)
The management of a woodlot shall be conducted in a manner that
recognizes the possibility for a public access pathway on the site,
as well as its role as a watershed, green space and wildlife habitat,
while at the same time providing for some limited harvesting of the
resource without damage to the natural health of the forest. Removal
of timber shall be used to release desirable understory trees and/or
create conditions favorable for the regeneration of new trees.
H.
Drainage.
(1)
Each parcel's stormwater drainage must be collected on site
and released at an approved location or locations. After being temporarily
detained in basins, the stormwater must be released at a controlled
rate into the channel systems which become part of the natural drainage
watershed. In cases where water drains onto the parcel from adjacent
parcels, the drainage system must provide for the inflow, unless special
arrangements are made to the contrary.
(2)
Stormwater detention areas may be necessary to ensure recharge
of sensitive groundwater systems at a rate equivalent to the natural
site conditions before development. Determination of this need must
be made by the Township Engineer on the basis of topography, subsoil
characteristics, aquifer characteristics, and ground coverage. The
requirement of a detention basin shall be established after review
of the plan at the concept design stage, at which time the coverage
and grading can be properly determined. Engineering design standards
shall be based on those governing Township stormwater management.
(3)
Individual detention basins on each parcel shall not be required.
However, each site's individual drainage collection system must be
designed to collect and direct all surface runoff to an overall comprehensive
drainage system.
(4)
Detention basins must be sensitively designed to provide both
practical stormwater control and to develop into attractive and ecologically
stable landscapes. The following design guidelines shall be adhered
to:
(a)
Basin design should be site-specific. Avoid using standard "cookie-cutter"
shapes and angular designs; keep lines and contours free-flowing and
natural in appearance.
(b)
Vary basin shape and slopes to produce basins that blend into
the surrounding topography and existing natural conditions.
(c)
Where appropriate, basin design should incorporate recreational
amenities such as ball fields and/or open play areas integrated with
plantings in a parklike and safe manner.
(5)
When required by the Planning Board and indicated on an approved
development plan, detention basins shall be landscaped. The following
planting design guidelines must be adhered to:
(a)
Plant species should be tolerant of both wet and dry soil conditions.
(b)
Trees and shrubs should be planted in masses and groves to mimic
naturally occurring patterns.
(c)
Plantings should be allowed to go on and over side slopes.
(d)
Plantings should not be permitted on any dikes associated with
the detention basin unless approved by the Township Engineer.
(e)
Provision for emergency access as well as general maintenance
of the basin should be reviewed and approved by the Township Engineer.
Plantings should be designed to disguise, yet not hinder, vehicular
access.
(f)
Plantings should not be located too close to low-flow channels
to allow for maintenance of the basin.
(g)
Vary plant spacing; allow for openings and gaps and more closely
planted areas.
(h)
Tree plantings should be a mixture of species and sizes to be
reviewed and approved by the Planning Board.
(i)
Shrubs should be planted in masses. Groups of single species
should be allowed to overlap a group of another species to form large
continuous beds.
(j)
Grass mixtures should be specified that remain attractive while
being cut only three to four times per year, e.g., tall fescue varieties.
Avoid using high maintenance fine lawn grasses. Where appropriate,
basins may be seeded with meadow grass or wildflower mixtures that
require only one mowing per year.
(k)
Open areas, from the basin to existing woodlands, should be
planted with indigenous species of shade trees and naturalizing meadow
grass and/or wildflower mixture to help blend the two areas together.
(l)
Reforestation is a landscape treatment appropriate for detention
basins that are not highly visible or are located adjacent to areas
of native woodlots. Where reforestation is determined to be appropriate
by the Planning Board, tree sizes should vary. Trees should be planted
in groves.
I.
Lighting.
(1)
Well-designed soft lighting of the building exterior shall be
permitted, provided that the lighting complements the architecture.
The lighting shall not draw inordinate attention to the building.
(2)
Parking lot, service area, and roadway lighting shall be provided
by freestanding fixtures designed to minimize glare to the street
and adjacent parcels. The type of fixture and color of lamping will
be evaluated for their compatibility with existing streetlighting,
the architecture and natural site characteristics.
(3)
The lighting for pedestrian walkways may include either cutoff
or exposed sources, but the height and intensity of the light must
be subdued. All lighting designs and installation are subject to Planning
Board review and approval.
J.
Signage.
(1)
All signs shall be required to satisfy all of the requirements as set forth in § 550-124. The Planning Board shall have the right to modify the requirements whenever such modifications are necessary to achieve a planned mixed-use research and development park.
(2)
An overall graphic signage plan must be developed to complement
the overall site layout and individual development lots.
(3)
One identification sign shall be erected at each principal entrance
from a public road to each planned development in an area approved
by the Planning Board. The design, format and materials of the sign
must be consistent with the site architecture in the development.
No flashing, neon or moving elements shall be permitted. Such signs
may indicate the street address, the development's name and logo.
(4)
Identification signage of a smaller scale shall be permitted
on the exterior of a building at a location related to the principal
entrance, carrying the occupant's logo or symbol, and such other locations
as the Planning Board shall permit. It may be placed on the building
surface or in a freestanding position, provided that the latter is
clearly integrated with the architecture. It shall not project above
any roof or canopy elevations.
(5)
Any directional, traffic or parking control signs on the site
shall be reviewed and approved by the Planning Board, with the intent
that these signs will be restricted to the minimum necessary, will
be visually unobtrusive, and will be consistent in format, lettering
and coloring.
(6)
As the need may arise during construction of a planned development,
directory-type signs identifying groups of building locations may
be established.
(7)
Advertising signs commonly known as "billboards," including
those promoting the sale of goods or services not available on the
premises, are prohibited.
K.
Utilities. All utilities and related appurtenances on the site shall
be underground or in the main building or structure.
L.
Street furniture, plazas and community spaces.
(1)
The design of a building's related entrance areas, plazas or
terraces may vary, based on the intentions and needs of individual
building owners. At a minimum, however, building entrances shall be
highlighted with plant materials and paved surfaces.
(2)
In time, the need for varied forms of street furniture beyond
signage may arise. For example, introduction of a public or private
transit system may necessitate bus shelters. As such needs become
formalized, the developer must prepare a basic design vocabulary to
cover such individualized needs consistent with the overall design
program.
(3)
Every development shall include some or all of these community
spaces: patio/seating areas, pedestrian plazas with benches, window
shopping walkways, outdoor playground areas, kiosk areas, water feature,
clock tower or other such deliberately shaped area and/or a focal
feature or amenity that, in the judgment of the Planning Board, adequately
enhances such community and public spaces. Any such areas shall have
direct access to a sidewalk network, and such features shall not be
constructed of materials that are inferior to the principal materials
of the building and landscape.
M.
Screening of loading and service areas. All loading docks and service
areas must be sufficient to serve the business being conducted on
the parcel without using adjacent streets. No loading and service
areas shall be visible from any neighboring property or adjacent street.
Provision must be made for handling all freight on those sides of
the buildings which do not face a street. The recommended method of
screening should consist of walls and gates compatible in color and
texture with the building material, buffered by deciduous and evergreen
shrubs and trees, so as not to be visible from neighboring properties
and streets. Maximize the joint use of truck loading and maneuvering
areas between on-site and adjacent off-site complementary uses. Delivery
and loading operations shall not disturb adjoining neighborhoods or
other uses.
N.
Refuse collection and recycling.
(1)
Collection areas.
(a)
All outdoor containers shall be visually screened within a durable,
noncombustible enclosure so as not to be visible from adjacent lots
or sites, neighboring properties or streets. No collection areas shall
be permitted between a street and the front of a building. Appropriate
landscaping shall be installed to form a year-round effective visual
screen at time of planting.
(b)
Collection areas shall be designed to contain all material generated
on site and deposited between collections. Deposited material shall
not be visible from outside the enclosure.
(c)
Collection enclosures shall be designed of durable materials
with finishes and colors which are unified and harmonious with the
overall architectural theme.
(d)
Collection areas shall be so located upon the lot as to provide
clear and convenient access to collection vehicles and thereby minimize
wear and tear on on-site and off-site developments. Refuse collection
and recycling areas shall not be located within parking areas or required
landscaped buffers.
(e)
Collection areas shall be designed and located upon the lot
as to be convenient for the deposition of material generated on site.
(2)
An option to reduce the visual impact of the collection containers
is to store and compact material inside the building at the service
area, thus eliminating the need to screen containers.
(3)
Delivery, loading, trash removal or compaction, or other such
operations may be limited by the Planning Board between certain hours
where noise impacts at the lot line of any adjoining residential property
or district or otherwise exceeds Township and state requirements.
O.
Storage.
(1)
No open storage shall be permitted on any lot. No articles,
merchandise, products, goods, materials, incinerator, storage tanks
or like equipment shall be kept in the open or exposed to public view,
and no accessory use should be constructed to permit open storage
of materials or goods on a lot. These requirements are not meant to
prohibit the outdoor sale of merchandise if designed appropriately
in the form of a garden center.
(2)
Nonenclosed areas for the storage and sale of seasonal inventory
shall be permanently defined and screened with walls and/or fences.
Materials, colors and design of screening walls and/or fences shall
conform to those used as predominant materials and colors on the building.
If such areas are to be covered, then the covering shall conform to
those used as predominant materials and colors on the building.
P.
Fences and walls. Fences are not desirable and should be approved
only for limited situations. Chain-link and/or periphery fencing shall
not be permitted. Decorative fences or walls may be used to screen
service and loading areas, private patios or courts. Fences may be
used to enclose playgrounds, recreational areas, or to secure sensitive
areas to uses, such as vehicle storage areas. Fences shall not be
located where they impede pedestrian or bicycle circulation through
or between site areas. If approved, all fences and walls shall be
designed as integrated parts of the overall architectural and site
design. All materials shall be durable and finished in textures and
colors complementary to the overall architectural design.
Q.
Maintenance. All site improvements, including, but not limited to,
streets, drives, parking lots, drainage areas, culverts, curbing,
buildings and lighting must be maintained in good condition and repair
by either the Township, owner or other designated entity.
R.
Sidewalks and/or pathways.
(1)
Sidewalks and/or pathways shall be installed by the developer
within perimeter landscape areas and along streets.
(2)
On-site pedestrian circulation systems shall be provided to
meet the circulation needs of on-site users. Such systems shall provide
safe, all-weather-efficient, and aesthetically pleasing means of on-site
movement and shall be an integrated part of the overall architectural
and site design concept. At a minimum, sidewalks and/or pathways shall
connect focal points of pedestrian activity, such as but not limited
to transit stops, street crossings, building and entry points, and
shall feature adjoining landscaped areas that includes trees, shrubs,
benches, flower beds, ground covers or other such materials.
(3)
Sidewalks shall be provided along the full length of the building
along any facade featuring a customer entrance and along any facade
abutting public parking areas. Such sidewalks shall be located from
the facade of the building to provide planting beds for foundation
landscaping, except where features such as arcades or entryways are
part of the facade. Pedestrian sidewalks shall provide weather-protection
features, such as awnings or arcades, when located close to customer
entrances.
(4)
Where appropriate, connections shall be made between on-site
and perimeter sidewalk and/or pathway circulation systems.
(5)
Pedestrian crosswalks shall be clearly delineated by a material
different from the surrounding road surface through the use of durable,
low-maintenance surface materials, such as pavers, bricks or scored
concrete, to enhance pedestrian safety and comfort as well as the
attractiveness of the sidewalk and/or pathway.
S.
Electrical and mechanical equipment. All exterior electrical and
mechanical equipment at ground level, such as transformers, shall
be screened and located at the side or rear of the building and away
from entrances. Recommended screening methods include walls compatible
with the building material and a plant material buffer utilizing a
layered installation of shrubs, flowering trees and ground cover.
T.
Common open space. An adequate amount of open space, exclusive of
detention and retention basins, shall be provided and developed for
on-site conservation and recreation facilities to service the needs
of all employees and their visitors. The applicant shall submit an
open space plan, showing the proposed land area and general location
of parks and any other land area to be set aside for conservation
and recreational purposes and a general description of improvements
to be made thereon, including a plan for the operation and maintenance
of parks and recreational facilities.
U.
Public safety.
(1)
The developer and/or owners' association shall employ private
security services. A planned commercial development shall provide
foot patrols and vehicle patrols during its hours of operation. The
developer may also be required to dedicate building space and/or on-site
facilities to the Township Police Department.
(2)
All buildings shall be fully sprinklered. Fire lanes and signage
shall be provided as well as access to both the front and rear of
buildings designed to meet the Township's fire code.
(3)
Subtitle 1 of Title 39 of the Revised Statutes (moving violations)
shall apply so that enforcement of such motor vehicle laws will be
available to the Township Police Department.
V.
Historic preservation. Historic uses, buildings and sites shall be
permanently protected, preserved and used as approved by the Planning
Board.
[Amended 8-18-1993 by Ord. No. 93-040; 9-21-2006 by Ord. No.
06-031; 8-16-2016 by Ord. No. 16-032; 6-20-2017 by Ord. No. 17-025; 7-18-2017 by Ord. No. 17-029; 4-2-2019 by Ord. No. 19-013[1]]
A.
Mandatory set-aside of units.
(1)
All residential inclusionary developments in R-7, R-10, R-15,
R-25, RRC and A/T Districts shall be required to set aside a mandatory
20% of the dwelling units for the construction of low- and moderate-income
housing in accordance with the provisions of this section.
(2)
A
mandatory affordable housing set-aside requirement of 20% shall be
imposed on any multifamily development created through any Township
or Land Use Board action involving a rezoning, use variance, density
variance, redevelopment plan or rehabilitation plan permitting redevelopment,
which density is at or above six dwelling units per acre and results
in the construction of five or more units.
(3)
The developer shall provide that half of the low- and moderate-income
units constructed be affordable by low-income households and that
the remaining half be affordable by moderate-income households. At
least 13% of all restricted rental units shall be very-low-income
units (affordable to a household earning 30% or less of median income).
The very-low -income units shall be counted as part of the required
number of low-income units within the development.
(4)
Subdivision and site plan approval shall be denied by the board
unless the developer complies with the requirements to provide low-
and moderate-income housing pursuant to the provisions of this section.
A property shall not be permitted to be subdivided so as to avoid
meeting this requirement. The Board may impose any reasonable conditions
to ensure such compliance.
(5)
The
mandatory affordable housing set-aside requirement shall not give
any developer the right to any such rezoning, variance, or other relief
as set forth above or establish any obligation on the part of the
Township to grant such rezoning, variance or other relief.
[Added 4-2-2019 by Ord.
No. 19-013]
A.
Purpose.
(1)
In Holmdel Builder's Association V. Holmdel Township, 121 N.J.
550 (1990), the New Jersey Supreme Court determined that mandatory
development fees are authorized by the Fair Housing Act of 1985 (the
Act). N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject
to the Council on Affordable Housing's (COAH's) adoption of rules.
(2)
Pursuant to P.L. 2008, c. 46, § 8 (N.J.S.A. 52:27D-329.2)
and the Statewide Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1
through 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
COAH or court of competent jurisdiction and have an approved spending
plan may retain fees collected from nonresidential development.
(3)
This section establishes standards for the collection, maintenance,
and expenditure of development fees pursuant to COAH's regulations
and in accordance P.L. 2008, c. 46, §§ 8 and 32-38.
Fees collected pursuant to this section shall be used for the sole
purpose of providing low- and moderate-income housing. This section
shall be interpreted within the framework of COAH's rules on development
fees, codified at N.J.A.C. 5:93-8.
C.
AFFORDABLE HOUSING DEVELOPMENT
COAH or the "COUNCIL"
DEVELOPER
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
Definitions. The following terms, as used in this section, 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. 5:93-8.[3]
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 §§ 1,
5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:35c).
[3]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.
D.
Residential development fees.
(1)
Imposed fees.
(a)
Within all district(s), residential developers, except for developers
of the types of development specifically exempted below, shall pay
a fee of 1.5% of the equalized assessed value for residential development
provided no increased density is permitted.
(b)
When an increase in residential density pursuant to N.J.S.A.
40:55D-70D(5) (known as a "d" variance) has been permitted, developers
may be required to pay a development fee of 6.0% 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.
(2)
Eligible exactions, ineligible exactions and exemptions for
residential development.
(a)
Affordable housing developments, developments where the developer
is proving 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.
(b)
Developments that have received preliminary or final site plan
approval prior to the adoption of a municipal development fee ordinance
shall be exempt from development fees, unless the developer seeks
a substantial change in the approval. Where a site plan approval does
not apply, a zoning and/or building permit shall be synonymous with
preliminary or final site plan approval for this purpose. The fee
percentage shall be vested on the date that the building permit is
issued.
E.
Nonresidential development fees.
(1)
Imposed fees.
(a)
Within all zoning districts, nonresidential developers, except
for developers of the types of development specifically exempted,
shall pay a fee equal to 2.5% of the equalized assessed value of the
land and improvements, for all new nonresidential construction on
an unimproved lot or lots.
(b)
Nonresidential developers, except for developers of the types
of development specifically exempted, shall also pay a fee equal to
2.5% of the increase in equalized assessed value resulting from any
additions to existing structures to be used for nonresidential purposes.
(c)
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2.5%
shall be calculated on the difference between the equalized assessed
value of the 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.
(2)
Eligible exactions, ineligible exactions and exemptions for
nonresidential development.
(a)
The nonresidential portion of a mixed-use inclusionary or market
rate development shall be subject to the 2.5% development fee, unless
otherwise exempted below.
(b)
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.
(c)
Nonresidential developments shall be exempt from the payment
of nonresidential development fees in accordance with the exemptions
required pursuant to P.L. 2008, c. 46, as specified in the Form N-RDF
"State of New Jersey Nonresidential Development Certification/Exemption"
form. Any exemption claimed by a developer shall be substantiated
by that developer.
(d)
A developer of a nonresidential development exempted from the
nonresidential development fee pursuant to P.L. 2008, c. 46 shall
be subject to it at such time the basis for 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.
(e)
If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the property tax
exemption. Unpaid nonresidential development fees under these circumstances
may be enforceable by Hamilton Township as a lien against the real
property of the owner.
F.
Collection procedures.
(1)
Upon the granting of a preliminary, final or other applicable
approval, for a development, the applicable approving authority shall
direct its staff to notify the construction official responsible for
the issuance of a building permit.
(2)
For nonresidential developments only, the developer shall also
be provided with a copy of Form N-RDF "State of New Jersey Nonresidential
Development Certification/Exemption" to be completed as per the instructions
provided. The developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The construction official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in the Form N-RDF. The Tax assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
(3)
The construction official responsible for the issuance of a
building permit shall notify the local tax assessor of the issuance
of the first building permit for a development which is subject to
a development fee.
(4)
Within 90 days of receipt of that notice, the municipal tax
assessor, based on the plans filed, shall provide an estimate of the
equalized assessed value of the development.
(5)
The construction official responsible for the issuance of a
final certificate of occupancy notifies the local assessor of any
and all requests for the scheduling of a final inspection on property
which is subject to a development fee.
(6)
Within 10 business days of a request for the scheduling of a
final inspection, the municipal assessor shall confirm or modify the
previously estimated equalized assessed value of the improvements
of the development; calculate the development fee; and thereafter
notify the developer of the amount of the fee.
(7)
Should Hamilton 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 § 37 of P.L. 2008, c. 46 (N.J.S.A.
40:55D-8.6).
(8)
Fifty percent of the development fee shall be collected at the
time of issuance of the building permit. The remaining portion shall
be collected at the issuance of the certificate of occupancy. The
developer shall be responsible for paying the difference between the
fee calculated at building permit and that determined at issuance
of certificate of occupancy.
(9)
Appeal of development fees.
(a)
A developer may challenge residential development fees imposed
by filing a challenge with the County Board of Taxation. Pending a
review and determination by the Board, collected fees shall be placed
in an interest-bearing escrow account by Hamilton Township. Appeals
from a determination of the Board may be made to the tax court in
accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
(b)
A developer may challenge nonresidential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest-bearing escrow account by Hamilton Township.
Appeals from a determination of the Director may be made to the tax
court in accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
G.
Affordable Housing Trust Fund.
(1)
There is hereby created a separate, interest-bearing Housing
Trust Fund to be maintained by the chief financial officer for the
purpose of depositing development fees collected from residential
and nonresidential developers and proceeds from the sale of units
with extinguished controls.
(2)
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
(a)
Payments in lieu of on-site construction of affordable units:
(b)
Developer-contributed funds to make 10% of the adaptable entrances
in a townhouse or other multistory attached development accessible:
(c)
Rental income from municipally operated units;
(d)
Repayments from affordable housing program loans;
(e)
Recapture funds;
(f)
Proceeds from the sale of affordable units; and
(g)
Any other funds collected in connection with Hamilton Township's
affordable housing program.
(3)
All interest accrued in the Housing Trust Fund shall only be
used on eligible affordable housing activities as per a spending plan
approved by the Superior Court of New Jersey.
H.
Use of funds.
(1)
The expenditure of all funds shall conform to a spending plan
approved by the Superior Court of New Jersey. Funds deposited in the
Housing Trust Fund may be used for any activity approved by the court
to address the Hamilton 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. 5:93-8.16[4] and specified in the approved spending plan.
[4]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.
(2)
Funds shall not be expended to reimburse Hamilton Township for
past housing activities.
(3)
At least 30% of all development fees collected and interest
earned shall be used to provide affordability assistance to low- and
moderate-income households in affordable units included in the municipal
Fair Share Plan. One-third of the affordability assistance portion
of development fees collected shall be used to provide affordability
assistance to those households earning 30% or less of median income
by region.
(a)
Affordability assistance programs may include down payment assistance,
security deposit assistance, low-interest loans, rental assistance,
assistance with homeowners' association or condominium fees and special
assessments, and assistance with emergency repairs.
(b)
Affordability assistance to households earning 30% or less of
median income may include buying down the cost of low-or moderate-income
units in the municipal Fair Share Plan to make them affordable to
households earning 30% or less of median income.
(c)
Payments in lieu of constructing affordable units on site and
funds from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement.
(4)
Hamilton Township may contract with a private or public entity
to administer any part of its Housing Element and Fair Share Plan,
including the requirement for affordability assistance, in accordance
with N.J.A.C. 5:93-8.16(d).[5]
[5]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.
(5)
No more than 20% of all revenues collected from development
fees may be expended on administration, including, but not limited
to, salaries and benefits for municipal employees or consultant fees
necessary to develop or implement a new construction program, a Housing
Element and Fair Share Plan, and/or an affirmative marketing program.
In the case of a rehabilitation program, no more than 20% of the revenues
collected from development fees shall be expended for such administrative
expenses. Administrative funds may be used for income qualification
of households, monitoring the turnover of sale and rental units, and
compliance with COAH's or the court's monitoring requirements. Legal
or other fees related to litigation opposing affordable housing sites
or objecting to the COAH's regulations and/or action are not eligible
uses of the affordable Housing Trust Fund.
I.
Monitoring.
(1)
Hamilton Township shall complete and return to the Superior
Court of New Jersey all monitoring forms included in monitoring requirements
related to the collection of development fees from residential and
nonresidential developers, payments in lieu of constructing affordable
units on site, funds from the sale of units with extinguished controls,
barrier-free escrow funds, rental income, repayments from affordable
housing program loans, and any other funds collected in connection
with Hamilton Township's housing program, as well as to the expenditure
of revenues and implementation of the plan that has been approved
by the court. All monitoring reports shall be completed on forms designed
by COAH or the special master.
J.
Ongoing collection of fees.
(1)
The ability for Hamilton Township to impose, collect and expend
development fees shall expire with its substantive certification or
judgment of compliance from the court unless Hamilton Township has
filed an adopted Housing Element and Fair Share Plan with COAH, has
petitioned for substantive certification, and has received COAH's
or the court's approval of its development fee ordinance. If Hamilton
Township fails to renew its ability to impose and collect development
fees prior to the expiration of the 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 § 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320). Hamilton
Township shall not impose a residential development fee on a development
that receives preliminary or final site plan approval after the expiration
of its judgment of compliance, nor shall Hamilton Township retroactively
impose a development fee on such a development. Hamilton Township
shall not expend development fees after the expiration of its judgment
of compliance.
[Added 1-19-2005 by Ord. No. 05-001; amended 4-2-2019 by Ord. No. 19-013]
A.
Affordable housing obligation.
(1)
This section of the Township Code sets forth regulations regarding
the low- and moderate-income housing units in the Township consistent
with the provisions known as the "Substantive Rules of the New Jersey
Council on Affordable Housing, N.J.A.C. 5:93 et seq.,[1] the Uniform Housing Affordability Controls ("UHAC"), N.J.A.C.
5:80-26.1 et seq., and the Township's constitutional obligation to
provide the opportunity for provision of its fair share of affordable
housing for low- and moderate-income households. In addition, this
section applies requirements for very-low-income housing as established
in P.L. 2008, c.46 (the "Roberts Bill").
[1]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.
(2)
This section 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 section shall apply except where inconsistent
with applicable law.
(3)
The Hamilton Township Planning Board has adopted a Housing Element
and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A.
40:55D-1 et seq. The Plan has also been endorsed by the Township Council
of the Township of Hamilton. The Fair Share Plan describes the ways
the Township shall address its fair share for low- and moderate-income
housing as determined by the Superior Court and documented in the
Housing Element.
(5)
On the first anniversary of the execution of the Township's
settlement agreement with Fair Share Housing Center and every anniversary
thereafter through the end of the term of this agreement, the Township
agrees to provide annual reporting of the status of all affordable
housing activity within the municipality through posting on the municipal
website with a copy of such posting provided to Fair Share Housing
Center, using forms previously developed for this purpose by the Council
on Affordable Housing or any other forms endorsed by the Special Master
and FSHC.
(6)
For the midpoint realistic opportunity review due on July 1,
2020, as required pursuant to N.J.S.A. 52:27D-313, the Township will
post on its municipal website, with a copy provided to Fair Share
Housing Center, a status report as to its implementation of its Plan
and an analysis of whether any unbuilt sites or unfulfilled mechanisms
continue to present a realistic opportunity and whether any mechanisms
to meet unmet need should be revised or supplemented. Such posting
shall invite any interested party to submit comments to the municipality,
with a copy to Fair Share Housing Center, regarding whether any sites
no longer present a realistic opportunity and should be replaced and
whether any mechanisms to meet unmet need should be revised or supplemented.
Any interested party may by motion request a hearing before the court
regarding these issues.
(7)
For the review of very-low-income housing requirements required
by N.J.S.A. 52:270-329.1, within 30 days of the third anniversary
of the Township's settlement agreement with Fair Share Housing Center,
and every third year thereafter, the Township will post on its municipal
website, with a copy provided to Fair Share Housing Center, a status
report as to its satisfaction of its very-low-income requirements,
including the family very-low-income requirements referenced herein.
Such posting shall invite any interested party to submit comments
to the municipality and Fair Share Housing Center on the issue of
whether the municipality has complied with its very-low-income housing
obligation under the terms of this settlement.
B.
ACCESSORY APARTMENT
ACT
ADAPTABLE
ADMINISTRATIVE AGENT
AFFIRMATIVE MARKETING
AFFORDABILITY AVERAGE
AFFORDABLE
AFFORDABLE DEVELOPMENT
AFFORDABLE HOUSING DEVELOPMENT
AFFORDABLE HOUSING PROGRAM(S)
AFFORDABLE UNIT
AGE-RESTRICTED UNIT
AGENCY
ALTERNATIVE LIVING ARRANGEMENT
ASSISTED LIVING RESIDENCE
CERTIFIED HOUSEHOLD
COAH
DCA
DEFICIENT HOUSING UNIT
DEVELOPER
DEVELOPMENT
FAIR SHARE PLAN
HOUSING ELEMENT
INCLUSIONARY DEVELOPMENT
LOW-INCOME HOUSEHOLD
LOW-INCOME UNIT
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
SPECIAL MASTER
UHAC
VERY-LOW-INCOME HOUSEHOLD
VERY-LOW-INCOME UNIT
WEATHERIZATION
Definitions. The following terms, as used in this section, shall
have the following meanings:
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing home, or through the conversion of an
existing accessory structure on the same site, or by an addition to
an existing home or accessory building, or by the construction of
a new accessory structure on the same site.
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.
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 low-
and moderate-income households.
A sales price or rent within the means of a low- or moderate-income
household as defined in N.J.A.C. 5:93-7.4;[5] 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. 5:93,[6] 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 structure in which households live in distinct bedrooms,
yet share kitchen and plumbing facilities, central heat and common
areas. "Alternative living arrangement" includes, but is not limited
to; transitional facilities for the homeless, Class A, B, C, D, and
E boarding homes as regulated by the New Jersey Department of Community
Affairs; residential health care facilities as regulated by the New
Jersey Department of Health; group homes for the developmentally disabled
and mentally ill as licensed and/or regulated by the New Jersey Department
of Human Services; and congregate living arrangements.
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 low-income household 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.
The plan that describes the mechanisms, strategies and the
funding sources, if any, by which the Township proposes to address
its affordable housing obligation as established in the Housing Element,
including the draft ordinances necessary to implement that plan, and
addresses the requirements of N.J.A.C. 5:93-5.[7]
The portion of the Township's Master Plan, required by the
Municipal Land Use Law ("MLUL"). N.J.S.A. 40:55D-28b(3) and the Act,
that includes the information required by N.J.A.C. 5:93-5.1[8] and establishes the Township's fair share obligation.
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.
A household with a total gross annual household income equal
to 50% or less of the regional median household income.
A restricted unit that is affordable to a low-income household.
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 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 or approved by the NJ Superior Court.
A household with a total gross annual household income in
excess of 50% but less than 80% of the regional 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 adopted/approved regional income limits.
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.
An expert appointed by a judge to make sure that judicial
orders are followed. A master's function is essentially investigative,
compiling evidence or documents to inform some future action by the
court.
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 regional 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]
Editor's Note: Chapter 91 of Title 5 of the New Jersey Administrative
Code is reserved.
[4]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.
[5]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.
[6]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.
[7]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.
[8]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.
C.
New construction. The following requirements shall apply to all new
or planned developments that contain low- and moderate-income housing
units.
(1)
Phasing. Final site plan or subdivision approval shall be contingent
upon the affordable housing development meeting the following phasing
schedule for low- and moderate-income units whether developed in a
single phase development or in a multiphase development:
|
Maximum Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
|---|---|
|
25
|
0
|
|
25+1
|
10
|
|
50
|
50
|
|
75
|
75
|
|
90
|
100
|
(2)
Design. In inclusionary developments, to the extent possible,
low- and moderate-income units shall be integrated with the market
units.
(3)
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. 5:93-8.10(c).[9]
[9]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.
(4)
Utilities. Affordable units shall utilize the same type of HVAC
system as market units within the affordable development.
(5)
Low/moderate split and bedroom distribution of affordable housing
units.
(a)
At least 50% of the affordable units shall be low-income units.
If the fair share obligation is divided equally, it shall be divided
equally between low- and moderate-income units, except that where
there is an odd number of affordable housing units, the extra unit
shall be a low-income unit.
(b)
In each affordable development, at least 50% of the restricted
units within each bedroom distribution shall be low-income units.
(c)
Within rental developments, of the total number of affordable
rental units, at least 13% shall be affordable to very-low-income
households.
(d)
Affordable developments that are not age-restricted shall be
structured in conjunction with realistic market demands such that:
1.
The combined number of efficiency and one-bedroom units shall
be no greater than 20% of the total low- and moderate-income units;
2.
At least 30% of all low- and moderate-income units shall be
two-bedroom units;
3.
At least 20% of all low- and moderate-income units shall be
three-bedroom units; and
4.
The remaining units may be allocated among two- and three-bedroom
units at the discretion of the developer.
(e)
In accordance with the Uniform Housing Affordability Controls,
N.J.A.C. 5:80-26.3(c), for low- and moderate-income age-restricted
units, at a minimum, the number of bedrooms shall equal the number
of age-restricted low- and moderate-income units within the affordable
development. This standard may be met by having all one-bedroom units
or by having a two-bedroom unit for each efficiency unit. The Township
shall not be permitted to claim credit to satisfy its obligations
for age-restricted units that exceed 25% of all units developed.
(6)
Accessibility requirements.
(a)
The first floor of all restricted townhouse dwelling units and
all restricted units in all other multistory buildings shall be subject
to the technical design standards of the Barrier Free Subcode, N.J.A.C.
5:23-7.
(b)
All restricted townhouse dwelling units and all restricted units
in other multistory buildings in which a restricted dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
1.
An adaptable toilet and bathing facility on the first floor;
2.
An adaptable kitchen on the first floor;
3.
An interior accessible route of travel on the first floor;
4.
An interior accessible route of travel shall not be required
between stories within an individual unit;
5.
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
6.
An accessible entranceway as set forth at P.L. 2005. c. 350
(N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C.
5:23-7, or evidence that the Township has collected funds from the
developer sufficient to make 10% of the adaptable entrances in the
development accessible;
a.
Where a unit has been constructed with an adaptable entrance,
upon the request of a disabled person who is purchasing or will reside
in the dwelling unit, an accessible entrance shall be installed.
b.
To this end, the builder of restricted units shall deposit funds
within the Township of Hamilton'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 C(6)(b)6.b. herein shall
be used by the Township 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 Hamilton.
e.
Once the Construction Official has determined that the design
plan to convert the unit entrances from adaptable to accessible meet
the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and
that the cost estimate of such conversion is reasonable, payment shall
be made to the Township of Hamilton'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.
Full compliance with the foregoing provisions shall not be required
where an entity can demonstrate that it is site impracticable to meet
the requirements. Determinations of site impracticability shall be
in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.
(7)
Maximum rents and sales prices.
(a)
In establishing rents and sales prices of affordable housing
units, the administrative agent shall follow the procedures set forth
in UHAC, utilizing the most recently published regional weighted average
of the uncapped Section 8 income limits published by HUD and the calculation
procedures set forth by the Superior Court.
(b)
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for restricted low- and
moderate-income units shall be affordable to households earning no
more than 52% of median income.
(c)
The developers and/or municipal sponsors of restricted rental
units shall establish at least one rent for each bedroom type for
both low-income and moderate-income units.
1.
At least 13% of all low- and moderate-income rental units shall
be affordable to households earning no more than 30% of median income.
(d)
The maximum sales price of restricted ownership units within
each affordable development shall be affordable to households earning
no more than 70% of median income, and each affordable development
must achieve an affordability average of 55% for restricted ownership
units; in achieving this affordability average, moderate-income ownership
units must be available for at least three different prices for each
bedroom type, and low-income ownership units must be available for
at least two different prices for each bedroom type.
(e)
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
met:
1.
A studio or efficiency unit shall be affordable to a one-person
household;
2.
A one-bedroom unit shall be affordable to a one-and-one-half-person
household;
3.
A two-bedroom unit shall be affordable to a three-person household;
4.
A three-bedroom unit shall be affordable to a four-and-one-half-person
household; and
5.
A four-bedroom unit shall be affordable to a six-person household.
(f)
In determining the initial rents for compliance with the affordability
average requirements for restricted units in assisted living facilities,
the following standards shall be met:
(g)
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.
(h)
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.
(i)
The price of owner-occupied low- and moderate-income units may
increase annually based on the percentage increase in the regional
median income limit for each housing region. In no event shall the
maximum resale price established by the administrative agent be lower
than the last recorded purchase price.
(j)
The rent of 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 low- income
housing tax credit regulations shall be indexed pursuant to the regulations
governing low- income housing tax credits.
(k)
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.
(8)
Condominium and homeowners' association fees. For any affordable
housing unit that is part of a condominium association and/or homeowners'
association, the master deed shall reflect that the association fee
assessed for each affordable housing unit shall be established at
100% of the market rate fee.
D.
Occupancy standards.
(1)
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:
(2)
Additional provisions related to occupancy standards (if any)
shall be provided in the municipal Operating Manual.
E.
Selection of occupants of affordable housing units.
F.
Control periods for restricted ownership units and enforcement mechanisms.
(1)
Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, and each restricted ownership unit shall
remain subject to the controls on affordability for a period of at
least 30 years and thereafter until terminated by Hamilton Township.
(2)
Rehabilitated owner-occupied single family housing units that
are improved to code standards shall be subject to affordability controls
for a period of 10 years.
(3)
The affordability control period for a restricted ownership
unit shall commence on the date the initial certified household takes
title to the unit.
(4)
The affordability controls set forth in this section shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
(5)
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.
G.
Price restrictions for restricted ownership units, homeowner association
fees and resale prices.
(1)
Price restrictions for restricted ownership units shall be in
accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
including:
(a)
The initial purchase price for a restricted ownership unit shall
be approved by the administrative agent.
(b)
The administrative agent shall approve all resale prices, in
writing and in advance of the resale, to assure compliance with the
foregoing standards.
(c)
The method used to determine the condominium association fee
amounts and special assessments shall be indistinguishable between
the low- and moderate-income unit owners and the market unit owners.
(d)
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.
H.
Buyer income eligibility.
(1)
Buyer income eligibility for restricted ownership units shall
be in accordance with N.J.A.C. 5:80-26.1. as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to 50% of median
income and moderate-income ownership units shall be reserved for households
with a gross household income less than 80% of median income.
(2)
The administrative agent shall certify a household as eligible
for a restricted ownership unit when the household is a low-income
household or a moderate- income household, as applicable to the unit,
and the estimated monthly housing cost for the particular unit (including
principal, interest, taxes, homeowner and private mortgage insurance
and condominium or homeowner association fees, as applicable) does
not exceed 33% of the household's certified monthly income.
I.
Limitations on indebtedness secured by ownership unit; subordination.
(1)
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the administrative agent shall determine in writing
that the proposed indebtedness complies with the provisions of this
section.
(2)
With the exception of original purchase money mortgages, during
a control period neither an owner nor a lender shall at any time cause
or permit the total indebtedness secured by a restricted ownership
unit to exceed 95% of the maximum allowable resale price of that unit,
as such price is determined by the administrative agent in accordance
with N.J.A.C. 5:80-26.6(b).
J.
Control periods for restricted rental units.
(1)
Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, and each restricted rental unit shall remain
subject to the controls on affordability for a period of at least
30 years and thereafter until terminated by Hamilton Township.
(2)
Rehabilitated renter-occupied housing units that are improved
to code standards shall be subject to affordability controls for a
period of 10 years.
(3)
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 Mercer. A copy of the filed document shall be provided
to the administrative agent within 30 days of the receipt of a certificate
of occupancy.
(4)
A restricted rental unit shall remain subject to the affordability
controls of this section, despite the occurrence of any of the following
events:
K.
Price restrictions for rental units; leases.
(1)
A written lease shall be required for all restricted rental
units, except for units in an assisted living residence, and tenants
shall be responsible for security deposits and the full amount of
the rent as stated on the lease. A copy of the current lease for each
restricted rental unit shall be provided to the administrative agent.
(2)
No additional fees or charges shall be added to the approved
rent (except, in the case of units in an assisted living residence,
to cover the customary charges for food and services) without the
express written approval of the administrative agent.
(3)
Application fees (including the charge for any credit check)
shall not exceed 5% of the monthly rent of the applicable restricted
unit and shall be payable to the administrative agent to be applied
to the costs of administering the controls applicable to the unit
as set forth in this section.
L.
Tenant income eligibility.
(1)
Tenant income eligibility shall be in accordance with N.J.A.C.
5:80-26.13, as may be amended and supplemented, and shall be determined
as follows:
(a)
Very-low-income rental units shall be reserved for households
with a gross household income less than or equal to 30% of median
income.
(b)
Low-income rental units shall be reserved for households with
a gross household income less than or equal to 50% of median income.
(c)
Moderate-income rental units shall be reserved for households
with a gross household income less than 80% of median income.
(2)
The administrative agent shall certify a household as eligible
for a restricted rental unit when the household is a very-low-income,
low-income household or a moderate-income household, as applicable
to the unit, and the rent proposed for the unit does not exceed 35%
(40% for age-restricted units) of the household's eligible monthly
income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended
and supplemented; provided, however, that this limit may be exceeded
if one or more of the following circumstances exists:
(a)
The household currently pays more than 35% (40% for households
eligible for age-restricted units) of its gross household income for
rent, and the proposed rent will reduce its housing costs:
(b)
The household has consistently paid more than 35% (40% for households
eligible for age-restricted units) of eligible monthly income for
rent in the past and has proven its ability to pay;
(c)
The household is currently in substandard or overcrowded living
conditions;
(d)
The household documents the existence of assets with which the
household proposes to supplement the rent payments; or
(e)
The household documents proposed third-party assistance from
an outside source such as a family member In a form acceptable to
the administrative agent and the owner of the unit.
M.
Conversions. Each housing unit created through the conversion of
a nonresidential structure shall be considered a new housing unit
and shall be subject to the affordability controls for a new housing
unit.
N.
Municipal Housing Liaison.
(1)
The position of Municipal Housing Liaison for the Township of
Hamilton is hereby established. The Municipal Housing Liaison shall
be appointed by duly adopted resolution of the Township Council and
be subject to the approval by the Superior Court.
(2)
The Municipal Housing Liaison must be either a full-time or
part-time employee of the Township of Hamilton.
(4)
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Township
of Hamilton, 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)
When applicable, supervising any contracting administrative
agent.
(c)
Monitoring the status of all restricted units in the Township
of Hamilton's Fair Share Plan:
(d)
Compiling, verifying and submitting annual reports as required
by the Superior Court;
(e)
Coordinating meetings with affordable housing providers and
administrative agents, as applicable; and
(f)
Attending continuing education opportunities on affordability
controls, compliance monitoring and affirmative marketing as offered
or approved by the Superior Court.
O.
Administrative agent.
(1)
The Township shall designate by resolution of the Township Council,
one or more administrative agents to administer newly constructed
affordable units in accordance with N.J.A.C. 5:93[11] and UHAC with one administrative agent responsible for
all inclusionary developments.
[11]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.
(2)
An Operating Manual shall be provided by the administrative
agent(s) to be adopted by resolution of the governing body. 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).
(3)
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, 16 and 18 thereof, which includes:
(a)
Attending continuing education opportunities on affordability
controls, compliance monitoring, and affirmative marketing as offered
or approved by the Superior Court;
(b)
Affirmative marketing;
(c)
Household certification;
(d)
Affordability controls;
(e)
Records retention;
(f)
Resale and re-rental;
(g)
Processing requests from unit owners; and
(h)
Enforcement, although the ultimate responsibility for retaining
controls on the units rests with the municipality.
(i)
The administrative agent shall, as delegated by the Township
Council, have the authority to take all actions necessary and appropriate
to carry out its responsibilities hereunder.
P.
Enforcement of affordable housing regulations.
(1)
Upon the occurrence of a breach of any of the regulations governing
the affordable unit by an owner, developer or tenant, the municipality
shall have all remedies provided at law or equity, including but not
limited to foreclosure, tenant eviction, municipal fines, a requirement
for household recertification, acceleration of all sums due under
a mortgage, recoupment of any funds from a sale in the violation of
the regulations, injunctive relief to prevent further violation of
the regulations, entry on the premises, and specific performance.
(2)
After providing written notice of a violation to an owner, developer
or tenant of a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the municipality
may take the following action against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
(a)
The municipality may file a court action pursuant to N.J.S.A.
2A:58-11 alleging a violation, or violations, of the regulations governing
the affordable housing unit. If the owner, developer or tenant is
found by the court to have violated any provision of the regulations
governing affordable housing units the owner, developer or tenant
shall be subject to one or more of the following penalties, at the
discretion of the court;
1.
A fine of not more than $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;
2.
In the case of an owner who has rented his or her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment into the Township of Hamilton Affordable Housing Trust
Fund of the gross amount of rent illegally collected;
3.
In the case of an owner who has rented his or her low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment of an innocent tenant's reasonable relocation costs,
as determined by the court.
(b)
The municipality may file a court action in the Superior Court
seeking a judgment, which would result in the termination of the owner's
equity or other interest in the unit, in the nature of a mortgage
foreclosure. Any judgment shall be enforceable as if the same were
a judgment of default of the first purchase money mortgage and shall
constitute a lien against the low- and moderate-income unit.
(3)
Such judgment shall be enforceable, at the option of the municipality,
by means of an execution sale by the Sheriff, at which time the low-
and moderate-income unit of the violating owner shall be sold at a
sale price which is not less than the amount necessary to fully satisfy
and pay off any first purchase money mortgage and prior liens and
the costs of the enforcement proceedings incurred by the municipality,
including attorney's fees. The violating owner shall have the right
to possession terminated as well as the title conveyed pursuant to
the Sheriff's sale.
(4)
The proceeds of the Sheriff's sale shall first be applied to
satisfy the first purchase money mortgage lien and any prior liens
upon the low- and moderate-income unit. The excess, if any, shall
be applied to reimburse the municipality for any and all costs and
expenses incurred in connection with either the court action resulting
in the judgment of violation or the Sheriff's sale. In the event that
the proceeds from the Sheriff's sale are insufficient to reimburse
the municipality in full as aforesaid, the violating owner shall be
personally responsible for and to the extent of such deficiency, in
addition to any and all costs incurred by the municipality in connection
with collecting such deficiency. In the event that a surplus remains
after satisfying all of the above, such surplus, if any, shall be
placed in Hamilton Township's Affordable Housing Trust Fund. 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.
(5)
Foreclosure by the municipality due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the low- and moderate-income unit. Title shall be conveyed
to the purchaser at the Sheriff's sale, subject to the restrictions
and provisions of the regulations governing the affordable housing
unit. The owner determined to be in violation of the provisions of
this plan and from whom title and possession were taken by means of
the Sheriff's sale shall not be entitled to any right of redemption.
(6)
If there are no bidders at the Sheriff's sale, or if insufficient
amounts are bid to satisfy the first purchase money mortgage and any
prior liens, the municipality may acquire title to the low- and moderate-income
unit by satisfying the first purchase money mortgage and any prior
liens and crediting the violating owner with an amount equal to the
difference between the first purchase money mortgage and any prior
liens and costs of the enforcement proceedings, including legal fees
and the maximum resale price for which the low- and moderate-income
unit could have been sold under the terms of the regulations governing
affordable housing units. This excess shall be treated in the same
manner as the excess which would have been realized from an actual
sale as previously described.
(7)
Failure of the low- and moderate-income unit to be either sold
at the Sheriff's sale or acquired by the municipality shall obligate
the owner to accept an offer to purchase from any qualified purchaser
which may be referred to the owner by the municipality, with such
offer to purchase being equal to the maximum resale price of the low-
and moderate-income unit as permitted by the regulations governing
affordable housing units.
(8)
The owner shall remain fully obligated, responsible and liable
for complying with the terms and restrictions of governing affordable
housing units until such time as title is conveyed from the owner.
Q.
Appeals. Appeals from all decisions of an administrative agent designated
pursuant to this section shall be filed in writing with the Township.
[Added 1-19-2005 by Ord. No. 05-001]
A.
Purpose. 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 Township's
plan will address the requirements of N.J.A.C. 5:93-11.1 et seq. 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, disability, age, familial status/size, sexual orientation
or national origin.
B.
Affirmative marketing plan. The Township of Hamilton is in the housing
region consisting of Mercer, Monmouth and Ocean Counties. The affirmative
marketing program is a continuing program and will meet the following
requirements:
(1)
Advertising and posting information.
(b)
The primary marketing will take the form of at least one press
release sent to the above publications 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:
(d)
All newspaper articles, announcements and requests for applications
for low- and moderate-income housing will appear in the following
neighborhood-oriented weekly newspapers. In addition local religious
publications and organizational newsletters within the region will
also be requested to assist in the effort.
(e)
The following is the location of where applications, brochure(s),
sign(s) and/or poster(s) used as part of the affirmative marketing
program, including specific employment centers within the region,
will be displayed:
(f)
The following is a listing of community organizations in Mercer,
Monmouth and Ocean Counties as well as statewide housing advocacy
organizations 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, and
to which the Township will provide notice of all available affordable
housing units:
[Amended 4-2-2019 by Ord.
No. 19-013]
1.
Catholic Charities (Lakewood, Ocean Counties).
2.
YWCA (Trenton, Mercer County).
3.
Long Branch Housing Authority (Long Branch, Monmouth County).
4.
Crisis Ministry of Princeton and Trenton (Trenton, Mercer County).
5.
Hispanic Affairs and Resource Center of Monmouth County (Freehold,
Monmouth County).
6.
Love, Inc. (Red Bank, Monmouth County).
7.
Rainbow Foundation (New Monmouth, Monmouth County).
8.
American Red Cross (Toms River, Ocean County).
9.
Fair Share Housing Center (state).
10.
NAACP New Jersey Conference (Trenton, state).
11.
Latino Action Network (Freehold, state).
12.
The Supportive Housing Association of New Jersey (state).
13.
The Trenton Branch of the NAACP (Trenton, Mercer County).
(2)
Mailing applications. Applications will be mailed to prospective
applicants upon request. Additionally, while openings or waiting lists
are being developed, and potential applicants solicited, quarterly
informational circulars and applications will be sent to the chief
administrative employees of each of the following agencies in the
counties of Mercer, Monmouth and Ocean:
(3)
Selection process.
(a)
The Township, through an agent to be appointed ("the Township's
housing agent"), shall be responsible for implementing and conducting
the selection process that will be used to select occupants of the
low- and moderate-income housing. Following is a description of the
random selection method that will be used to select occupants of low-
and moderate-income housing.
(b)
The Township is ultimately responsible for administering the
affirmative marketing program. The Township's housing agent, in administering
the affirmative marketing program, shall have the responsibility to:
1.
Income qualify low- and moderate-income households;
2.
Place income-eligible households in low- and moderate-income
units upon initial occupancy;
3.
Provide for the initial occupancy of low- and moderate-income
units with income-qualified households;
4.
Continue to qualify households for reoccupancy of units as they
become vacant during the period of affordability controls;
5.
Assist with advertising and outreach to low- and moderate-income
households; and
6.
Enforce the terms of the deed restriction and mortgage loan
as per N.J.A.C. 5:93-9.1 et seq.
(c)
The Township's housing agent will also coordinate and provide
linkage to low- and moderate-income applicants to receive counseling
on subjects such as budgeting, credit issues, mortgage qualification,
responsibilities of homeownership, rental lease requirements, and
landlord/tenant law. The Township's housing agent will develop the
waiting list and select applicants for the qualification process on
a first-come first-served basis. The Superintendent of Planning within
the Township is the designated housing officer to act as liaison to
the responsible developer(s) and the Township's housing agent.
(d)
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 Township of Hamilton intends to
comply with N.J.A.C. 5:93-11.7.
(e)
All developers of low- and moderate-income housing units will
be required to assist the Township's housing agent in the marketing
of the affordable units in their respective developments.
C.
Commencement of marketing plan. 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.
D.
Reporting requirements. The responsible developer(s) will assist
the Township's housing agent in complying 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: Former § 550-170, Growth share payment,
added 9-7-2005 by Ord. No. 05-030, as amended, was repealed 4-2-2019
by Ord. No. 19-013.
