The name and address of the owner of the lot on which such trailer or boat is to be parked or stored.

The location of the property on which such trailer or boat is to be parked or stored, including street address and block and lot.

The height and type of screening to be used.

Nothing herein contained shall prohibit the Zoning Officer from issuing a temporary permit, without fee, allowing the temporary parking or storage of trailers or boats on any lot for a period not exceeding 14 days, provided that the Zoning Officer makes the following findings:

Not more than two temporary permits may be issued. The second permit shall not be issued unless 90 days have expired from the issuance of the first permit.

Within an enclosed building conforming with all provisions, restrictions and regulations of this Clifton Zoning Ordinance.

In the rear yard, which is defined for the purpose of this chapter as the portion of the lot to the rear of the rear line of the principal building only, provided that the recreational vehicle shall:

In a side yard, which is defined for the purpose of this chapter as that portion of the lot to the side of the principal structure and between the front and rear lines of the principal structure only, in cases where a variance pursuant to N.J.S.A. 40:55D-70c is granted by the Board of Adjustment; provided, however, that if parked in a side yard, the limitations set forth in Subsection C(1)(b)[1] and [2] concerning rear yards shall also apply; provided further, however, that in the case of a corner lot, no portion of the recreational vehicle shall be closer to the side street than the setback requirements of the basic Zoning Ordinance for principal buildings where they front on said side street.

The owner of the property or his authorized agent shall submit a plan to the Secretary of the Planning Board for site review showing the location and use of all buildings or structures on the lot and indicating the area where the recreational vehicle shall be parked or stored. The plan must comply with all requirements of this Zoning Ordinance. The fee shall be $25 per vehicle for such approval in lieu of the normal site plan application fee.

In reviewing the plan, the Planning Board shall give due consideration to the location of existing buildings and structures, the proposed location of the recreational vehicles, the provision of adequate light, air, access and egress, the appropriate use of the land, adequate screening, appropriate fire protection and adequate safety conditions.

The Planning Board shall render a decision within 45 days after receipt by the Board's secretary.

This subsection shall not apply to any property used for nonresidential purposes and located within a business or industrial district, for which site plan approval has been previously granted, where only the classification of the vehicle parked or stored thereon as recreation vehicle would cause the requirement of a new filing.

No parked or stored recreational vehicle as defined herein shall be occupied or used for human habitation, including but not limited to sleeping, eating, resting or conducting business.

No parked or stored recreational vehicle as defined herein which does not carry a valid current year's license and/or registration or which is in a state of external, visible disrepair or partial construction shall be parked or stored in any zone unless it is stored within a completely enclosed building which conforms with all the regulations of this Zoning Ordinance of the City of Clifton.

No recreational vehicle shall have fixed connections to gas or sanitary sewer located on the property.

No recreational vehicle shall be parked or stored outside on any property under the provisions of this chapter unless the owner of the property shall have received in advance a written permit from the Zoning Officer of the City of Clifton. The written permit shall be renewable annually upon submission of proof of the current year's license or registration. Every permit shall expire on the next succeeding March 31 after issuance. An application for a renewal permit must be made within 60 days of the expiration of the prior permit.

An application for such permit shall be made on forms to be supplied by the Zoning Officer and shall set forth the following information:

Plot plan.

An applicant for such permit shall pay a fee of $5 for the first issuance of such permit and a fee of $2 for each renewal thereof. Such fees shall be paid to the Zoning Officer.

The visiting recreational vehicle shall not be used for sleeping or housekeeping purposes.

Prior to the parking of the visiting recreational vehicle, a decal must be obtained from the Zoning Officer which must be displayed on the windshield of the vehicle. The decal shall include the name and address of vehicle owner, issuance date and expiration date.

Temporary on-street parking of nonresident's recreational vehicle shall be in accordance with regulatory Ordinance No. 5421-90.

Such recreational vehicle does not exceed 35 feet in overall length.

Semidetached and detached two-family dwellings.

Townhouses and garden apartments in single buildings or dwelling groups.

No soil shall be excavated, removed, deposited or disturbed within an area of slope in excess of 30% or on the cliff face or in the talus slope area.

The uppermost point of a cut slope shall not be higher than the top of the nearest downhill structure or building, but the vertical cut shall in no event be greater than 15 feet.

Vegetation shall be reestablished on all exposed fill slopes. Exposed graded areas shall be mulched and seeded to provide a basic ground cover which will prevent erosion and permit revegetation. In the alternative, they may be rip-rapped and blended into the natural setting.

No land shall be graded, cut or filled so as to create a slope exceeding a vertical rise of one foot for each two feet of horizontal distance between abutting lots, and may do so within a lot only where a stone retaining wall of sufficient height and thickness is provided to retain the graded bank.

Paved roads shall not exceed a fourteen-percent slope and the average slope of all roads in the development shall not exceed 10%. Parking and walkways shall not be excess of 6% unless the construction of a ramp is required or steps provided.

Each grading shall be judged on its own merits and its relationship to surrounding contours.

The minimum building setback line from the Valley Road right-of-way line shall be 40 feet.

The minimum building setback line from the cliff face shall be the horizontal distance of the talus slope plus 50 feet. The fifty-foot area shall be slope-stablized through the placement of large flat rocks or special precast concrete slabs and cribbing with pressure-treated beams or logs. This would be complemented with trees and shrubs.

No structure on the top of the slope shall be located within 100 feet of the cliff face.

In the Steep Slope District, standards for right-of-way width and paving width may be reduced to 40 feet and 26 feet.

Within 100 feet of Valley Road, public access streets shall have a right-of-way and paving width of 50 feet and 36 feet respectively.

Curbs may be located on only one side of a street in the Steep Slope District. The curb shall be located on the lower side of the street in order to control and channel the flow of stormwater.

Sidewalks may be located on only one side of a street in the Steep Slope District. The sidewalk shall be located on the uphill side of the street; however, the pedestrian system should be designed to limit street crossings.

Fill material shall not consist of or include organic material, nor rocks greater than eight inches in diameter.

Fill material shall be compacted to 90% of maximum density.

Structures shall be built on the lesser slopes. No structures shall be located on the talus slope or the cliff face.

Each major subdivision and/or development in excess of five acres shall provide, if possible, a lookout area or observation point to take advantage of the topographic prominence of the Steep Slope District. This area shall be usable by either residents of the site or by the public at large. If available to the public at large, appropriate off-street parking shall be provided.

Residences should be oriented where possible to the east to take advantage of the major views from the Garret Mountain slope.

Roads shall be primarily north-south to follow contours, to take advantage of winter sun melt and to reduce stormwater runoff velocity.

The higher and lower sections of the residential development should be linked, where possible, by an internal pedestrian system or steps and ramps. The pedestrian system would typically be perpendicular to the road system.

The developer shall submit stabilization and revegetation plan which shall include a complete description of the existing vegetation, the vegetation to be planted, and slope stabilization measures to be installed. The revegetation and slope stabilization plan shall be submitted with the grading plan.

Vegetation shall be removed only when absolutely necessary (e.g., for buildings, filled areas, roads).

Every effort shall be made to conserve topsoil which is removed during construction for later use on areas requiring vegetation or landscaping (e.g., cut and fill slopes).

Vegetation sufficient to stabilize the soil shall be established on all disturbed areas as each stage of grading is completed. All disturbed soil surfaces shall be stabilized or covered prior to the first day of November. If the planned impervious surface (e.g., roads, driveways, etc.) cannot be established prior to November, a temporary treatment adequate to prevent erosion shall be installed on those surfaces.

Construction shall be scheduled to minimize soil disturbance between the first day of November and the first day of April.

The Mayor and Council of the City of Clifton shall designate an Affordable Housing Agency (also referred to as the Agency) to administer the provisions of this Affordable Housing Ordinance and monitor the rehabilitation, occupancy, sale, resale, rental and rerental restrictions of low- and moderate-income units.

The Affordable Housing Agency may be the Mayor and Council itself, a group of people appointed by the Mayor and Council, a member or members of the City staff, an independent consultant or other entity under contract to the City or any combination of the preceding.

To establish selection procedures and criteria for determining a certified household.

To qualify prospective owners and renters of affordable units as certified households in accordance with the provisions of § 461-24.2E of this section, income limits and housing eligibility.

To determine the maximum sale, resale, rental and rerental charges for low- and moderate-income units in accordance with the provisions specified in § 461-24.2F of this section, Maximum sales price and rental charges, and to update the maximum charges annually to reflect changes to the median regional income and in consideration of other factors specified in § 461-24.2F.

To maintain a waiting list of certified households in accordance with Subsection M(1) of this section, entitled Affordable unit occupancy preference, and to make the list available to developers, sponsors and owners of affordable units within the City of Clifton.

To determine, in accordance with Subsection F(3) of this section, entitled Maximum resale prices for all affordable units, whether or not the cost or value of improvements to an affordable unit should he approved for inclusion in the resale price of the unit. Additionally, the Affordable Housing Agency shall establish regulations and procedures whereby an owner of an affordable unit may apply for such approval prior to undertaking the improvements.

To issue statements of exemption in accordance with Subsection I of this section.

To review and approve or disapprove the affordable housing document for each affordable unit required by § 461-24.2G of this section, and, once approved, to enforce the provisions of the affordable housing document.

To verify that the affordable housing document has been recorded with the Office of the Register, Passaic County, New Jersey, and that the deed of each affordable unit references the appropriate affordable housing document.

To assist the developer, prospective owner or prospective renter of an affordable unit to apply to the New Jersey Housing and Mortgage Finance Agency or other public agency for financing subsidy funds in order to facilitate the purchase or rental of an affordable unit by a certified household.

To assist an owner of a substandard housing unit occupied by a low- or moderate-income household to apply for a grant or loan from the Affordable Housing Agency for the purpose of rehabilitating the unit in accordance with Subsection N this section, entitled "The Housing Rehabilitation Program."

To assure that the master deeds of any inclusionary development prescribe that the homeowners' association fees for an affordable unit not be less than 1/2 of the fee charge for a market rate unit of the same number of bedrooms.

To review and approve or disapprove the affirmative marketing plan in accordance with the provisions in Subsection M of this section, and, once approved, to assure that the affirmative marketing plan has been advertised and publicized as indicated in § 461-24.2M.

To develop the necessary application and financial statement forms as approved by COAH to be used by a low- or moderate-income household applying to purchase or rent an affordable unit.

To administer the Housing Rehabilitation Program in accordance with the provisions of Subsection N of this section.

To prepare the rehabilitation marketing plan and advertise the City of Clifton Housing Rehabilitation Program in accordance with the applicable provisions of Subsection N of this section.

To develop the necessary application and financial statement forms as approved by COAH to be used by an owner of a substandard housing unit applying for a grant or loan from the Affordable Housing Agency for the purpose of rehabilitating the unit.

To maintain a file on each applicant of the City of Clifton Housing Rehabilitation Program, including the following information:

To develop a rehabilitation manual that complies with the rules of COAH and summarizes the administration of the City of Clifton Housing Rehabilitation Program, pursuant to Subsection N of this section. The rehabilitation manual shall include a copy of the affordable housing document (lien) to be used and shall describe the following:

To submit annual monitoring reports to COAH no later than February 15 of each calendar year on the monitoring forms provided by COAH.

To receive, advance and pay monetary sums as authorized by the Mayor and Council, which monetary sums are necessary to protect, preserve and retain an affordable unit as an affordable unit in accordance with the provisions in Subsection J of this section, entitled Recapture of affordable sales units, and with other applicable provisions of this section.

To report bimonthly to the Mayor and Council on the status of affordable units in the City of Clifton, including, but not limited to, the following regarding inclusionary developments, the housing rehabilitation program and development fees:

All efficiency units shall be affordable to one-person households, and only one-person households may occupy an efficiency.

One-bedroom units shall be affordable to one-and-five-tenths-person households.

Two-bedroom units shall be affordable to three-person households.

Three-bedroom units shall be affordable to four-and-five-tenths-person households.

A prospective purchaser or renter of an affordable unit must be determined to be a certified household by the Affordable Housing Agency prior to the purchase or rental of the subject unit, and the Affordable Housing Agency shall issue a signed form indicating that the household has been certified.

A certified household that rejects an opportunity for an affordable unit may be replaced on the waiting list upon request and may be reinterviewed for recertification when their name next appears for a subsequent affordable unit.

A certification of a household by the Affordable Housing Agency shall be valid for 120 days and shall thereafter expire unless a valid sales contract or lease has been executed, provided that the following are met:

Households that are denied certification by the Affordable Housing Agency may make a written request to the Affordable Housing Agency for redetermination, in accordance with the following:

Certified households whose gross household income is measured at 50% or below 50% of the established regional median income shall be referred to affordable units designated for low-income households.

Certified households whose gross household income is measured above 50% but below 80% of the established regional median income shall be referred to affordable units designated for moderate-income households.

Certified households shall be referred to affordable units where the predetermined total monthly costs correspond to the household's calculated ability to pay, using 28% of gross monthly income as the standard for home ownership and 30% of gross monthly income as a standard for rental units.

Certified households shall be referred to available affordable units using the following occupancy standards, except that households may be referred to other units, provided that no more than one additional bedroom may be contained in the unit compared to the following schedule:

As part of the final site plan application submitted to the Planning Board by a developer for an inclusionary development containing affordable units, the developer shall also submit to the Affordable Housing Agency information demonstrating the mortgage financing generally available to low- and moderate-income home buyers and the developer's calculations of the estimated maximum initial sales price in accordance with § 461-24.2F(2) hereinbelow.

The Affordable Housing Agency shall review the developer's calculations and shall approve or recommend modifications to the estimated maximum initial sales prices for applicable sized units in each income category and shall notify the Planning Board and the developer of its action within 30 days of its receipt of the developer's calculations as part of its action on the final site plan submitted for approval. Any delay of the Affordable Housing Agency in reviewing and approving the estimated maximum initial sales prices shall not postpone or delay the Planning Board's action on the proposed development pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).

A base sales price shall be calculated such that, after a down payment of 5% the sum of the monthly payments for principal, interest, taxes, fire, theft and liability insurance, and homeowners' association fees, if any, shall not exceed 28% of the low- or moderate-income ceilings determined in accordance with Subsection E(2) of this section. Any homeowners' association fees for affordable units shall not be less than 1/2 the fee charged for market rate units of the same number of bedrooms.

The Affordable Housing Agency shall use the information to determine the maximum initial sales price for the different sized units in each income category. The Affordable Housing Agency shall certify the actual maximum initial sales price to the Mayor and Council, the Building and the Construction Official in charge of issuing certificates of occupancy, within 60 days of its receipt of the pricing information described hereinabove.

In order to assure that low- and moderate-income units within inclusionary developments are affordable by households whose income is less than the low- and moderate-income ceilings, a range of sales prices shall be offered for each such unit based on a range of income. The overall range of sales prices for all low- and moderate-income units combined shall be affordable to household with an average income of 57.5% of the median regional income.

Prior to the resale of any low- or moderate-income units, the Affordable Housing Agency shall determine the maximum resale price for the unit in accordance with regulations adopted by the Affordable Housing Agency, which take into account:

The base resale price, before adding the costs of improvements, shall be the previous purchase price adjusted by the percentage increase in median regional income between the year of the previous title closing and the current year, provided that in no event shall the maximum resale price established by the Affordable Housing Agency be lower than the last recorded purchase price.

Improvement costs may be included in the resale price only if the owner has obtained prior approval from the Affordable Housing Agency. Allowable improvements for which costs may be approved shall be limited to permanent structural improvements which shall increase the occupancy potential of a unit under Subsection E(3) of this section and central air conditioning installed subsequent to the initial sale of the unit, subject to the following:

The owner (seller) shall not include in the resale price either closing costs, real estate commissions or other costs associated with the selling of the unit.

A base rent shall be calculated such that the sum of the monthly rental payment, including utilities, does not exceed 30% of the low- or moderate-income ceilings determined in accordance with Subsection E(2) of this section.

If the cost of utilities is not included in the monthly rental charge, the Affordable Housing Agency shall calculate for each unit size an estimated average monthly charge for those utilities not included in the rent, including the estimated cost for the operation of air-conditioning equipment and clothes-washing and -drying equipment, whether or not such equipment is provided by the developer or the owner. These charges shall be estimated utilizing the personal benefit allowance for utilities as defined by the Department of Housing and Urban Development and shall be subtracted from the maximum gross rent to determine the maximum rental charge that may be charged for each low- and moderate-income unit.

The owner shall calculate the maximum rental charge for each size unit in the low- and moderate-income category and shall submit said calculations to the Affordable Housing Agency for review. The Affordable Housing Agency shall determine, based upon its review, the maximum rental charges.

In order to assure that low- and moderate-income units within the inclusionary developments are affordable by households whose income is less than the low- and moderate-income ceilings, a range of rents shall be offered for each such unit based on a range of income. The maximum average rent and price of low- and moderate-income units within each inclusionary development shall be affordable to households earning 57.5% of the median regional income. In averaging 57.5%, developers and/or municipal sponsors of rental units may establish one rent for a low-income unit and one rent for a moderate-income unit for each bedroom distribution.

The increase in the median regional income;

The increase in the housing Consumer Price Index for the United States, provided that no rent increase shall exceed 9% in any one year; and

The costs to the owner of any capital improvements deemed necessary by the City Construction official.

The affordable housing document shall be an instrument to be recorded with the Office of the Register, Passaic County, New Jersey.

The affordable housing document shall be in the form adopted by COAH, which is delineated in Appendix E of the Substantive Rules of COAH (N.J.A.C. 5:93), unless amendments have been specifically approved by COAH.

The affordable housing document shall be executed by the Affordable Housing Agency prior to the recording of the instrument, and the Affordable Housing Agency shall certify that the affordable housing document is consistent with the then-current Affordable Housing Ordinance.

The affordable housing document also shall be executed by the developer and/or the then-current titleholder of record of the property upon which the affordable unit(s) is/are constructed.

The affordable housing document shall have priority over all mortgages on the subject property except for a first mortgage placed on the property by the mortgagee prior to the expiration of the affordable housing document.

The affordable housing document shall be a condition of any applicable approval of a site plan and/or subdivision plat by the Planning Board or the Zoning Board of Adjustment, as the case may be.

The affordable housing document shall set forth terms, restrictions and provisions applicable to the affordable units(s) and shall be consistent with this Affordable Housing Ordinance, including but not limited to, those provisions of this section covering income limits, housing eligibility and the determination of certified households, maximum sales prices and rental charges, the duration of restrictions, procedures for the sale and rental of an affordable unit when no eligible household is found, exempt sales, the provisions for the recapture of affordable units, the obligations of owners and renters, violations and penalties, foreclosures, the legal description of the specific affordable unit(s) governed by the document and the creation of the terms, restrictions and provisions applicable to the affordable units; all as such provisions of this section exist at the time that the document is executed by the Affordable Housing Agency.

The affordable housing document specifically shall bind all purchasers, owners and renters of an affordable unit, their heirs, assigns and all persons claiming by, through or under their heirs, assigns and administrators, and shall stipulate that the ownership or rental of an affordable unit shall be deemed to be an acceptance and ratification of all the applicable provisions of the affordable housing document.

If a single affordable housing document is used to govern more than one affordable unit, then the document must contain the legal description of each affordable unit governed by the document. The deed of each and every individual affordable unit so governed must contain the recording information of the document applicable to such affordable unit.

Changes, amendments or revisions to the Affordable Housing Ordinance shall not affect, amend or alter the affordable housing document and such affordable housing document shall continue to be interpreted and applied in accordance with the Affordable Housing Ordinance as it existed on the date of the execution of the particular affordable housing document by the Affordable Housing Agency.

No certificate of occupancy shall be issued for the initial occupancy of any low- or moderate-income sales unit unless there is a written determination by the Affordable Housing Agency that the affordable unit is to be controlled by an affordable housing document in the form approved by COAH.

A new certificate of occupancy shall be required for the reoccupancy of any low- or moderate-income unit resulting from the resale of the unit, and the same procedures shall be followed as indicated in Subsection G(3)(a) hereinabove for the issuance of the initial certificate of occupancy.

Newly constructed low- and moderate-income sales units shall remain affordable to low- and moderate-income households for not less than 30 years.

Newly constructed low- and moderate-income rental units shall remain affordable to low- and moderate-income households for not less than 30 years.

Rehabilitated owner-occupied single-family housing units that are improved to code standard shall be subject to affordability controls for at least six years.

Rehabilitated renter-occupied housing units that are improved to code standards shall be subject to affordability controls for at least 10 years.

Accessory apartments shall be subject to affordability controls for at least 10 years.

Alternative living arrangements shall be controlled in a manner, suitable to COAH, that provides assurances that such a facility will house low- and moderate-income households for at least 15 years.

The deed of conveyance from the owner to the purchaser of an affordable unit, as well as the lease from the owner to the renter of an affordable unit, shall include the following clause:

The above clause shall be in addition to any clause stating that the unit is subject to the master deed, which clause also shall appear in the deeds or leases of all units in an inclusionary development.

The developer, of inclusionary affordable units shall provide a disclosure statement to all initial purchasers and renters of affordable units prior to the execution of any contract for sale or lease, and such disclosure statement shall be included in the public offering statement, a sample copy of which is attached as an addendum to this section.[3]

All owners or renters of affordable units shall provide copies of the disclosure statement to subsequent buyers or renters prior to the execution of contracts of sale or leases with such buyers or renters.

Each apartment or townhouse low- and moderate-income dwelling unit shall have the following minimum net habitable floor area:

The bedroom mix of non-senior, low- and moderate-income units shall contain the following distribution of unit types:

The number of bedrooms restricted to senior citizens shall, at a minimum, equal the number of senior citizen low- and moderate-income units within the inclusionary development. This standard can be met by creating all one-bedroom units or by creating a two-bedroom unit for each efficiency unit.

At least 1/2 of all affordable units within each inclusionary development shall be affordable to low-income households.

As many as 1/2 of all affordable units within each inclusionary development shall be affordable to moderate-income households.

At least 1/3 of all units in each bedroom distribution category pursuant to N.J.A.C. 5:93-7.3 and Subsection H(3)(b) and (3)(c) hereinabove shall be affordable to low-income households.

Low- and moderate-income sales units shall not be offered to non-income-eligible households at initial sales without approval from COAH.

Parties may petition COAH for such approval in accordance with the procedures outlined in N.J.A.C. 5:93-12 and shall document efforts to sell the unit(s) to income-eligible households.

Persons wishing to sell an affordable unit shall notify the Affordable Housing Agency of their intent to sell.

If a statement of exemption is issued by the Affordable Housing Agency, the seller may offer a low-income unit to a moderate-income household at the maximum resale price in accordance with Subsection F(3) of this section, and a moderate-income unit may be offered to a household earning in excess of 80% of the median regional income, in accordance with the following:

Owners of low- and moderate-income rental units shall not offer rental units to non-income-eligible households without prior approval from COAH.

Parties may petition COAH for such approval in accordance with the procedures outlined in N.J.A.C. 5:93-12 and shall document all efforts to rent the unit(s) to income-eligible households and shall demonstrate to the satisfaction of COAH that alternatives, such as a reduction of the rent, are not feasible.

The following transfers of ownership shall deemed to be "non-sales" for purposes of this section, and the Affordable Housing Agency shall issue a statement of exemption to the owner receiving title by virtue of the following transactions:

Such transfers of ownership shall neither extinguish the restrictions and applicability of this section to the subject affordable unit nor terminate any liens incurred under this section. Liens must be satisfied in full prior to the subsequent resale of the affordable unit, and all such subsequent resales are fully subject to the terms and provisions of this section.

The terms, restrictions and covenants of an affordable housing document shall include an option permitting options for the purchase of an affordable unit at the maximum allowable restricted sales price at the time of the first nonexempt sale after the controls on affordability have been in effect on the unit for the applicable time period specified in Subsection G(4) of this section.

The options to buy shall be available to the City of Clifton, the New Jersey Department of Community Affairs (NJDCA), the New Jersey Housing and Mortgage Finance Agency (NJHMFA) or a qualified nonprofit as determined by COAH.

The terms, restrictions and covenants of an affordable housing document shall require the owner to notify the Affordable Housing Agency in writing by certified mail of any intent to sell the unit at least 90 days prior to entering into an agreement for the first nonexempt sale after controls have been in effect for the applicable time period specified in Subsection G(4) of this section.

Within five days of receipt of such notice, the Affordable Housing Agency shall notify the City, the NJDCA, the NJHMPA and COAH that the unit is for sale at the maximum allowable resale price. Any option to buy the housing unit shall be exercised in writing to the owner by certified mail and shall be deemed exercised upon mailing. A copy of the written notification to the owner shall be mailed to the Affordable Housing Agency.

If the City of Clifton exercises its option to purchase the unit, it may enter into a contract to purchase the unit, subject to the following:

If the City of Clifton fails to exercise its option to purchase the unit within 90 days its receipt of the owner's notice of an intent to sell the unit, the first of the other entities giving notice to the owner of its intent to purchase the unit during the ninety-day period shall be entitled to purchase the unit.

If the option to purchase that unit at the maximum allowable resale price is not exercised by written intent to purchase by either the City of Clifton the NJDCA, NJHMFA or a qualified nonprofit entity, the owner may proceed to sell the housing unit to another party in accordance with Subsection J(5) of this section hereinbelow. However, if the owner has not conveyed title to the unit within one year of the date of delivery of the initial notice of intent to sell, the option to buy the unit shall be restored and the owner shall be required to submit a new notice of intent to sell the unit at least 90 days prior to any future proposed date of sale, as in the first instance.

As referred to in this section, the term "principal differential" shall mean the difference between the controlled unit sale price and the fair market value as determined at the date of the proposed contract of sale after reasonable real estate broker fees have been paid as well as the payment of the following additional costs as be applicable and approved by COAH:

Sell or rent the unit to a low- or moderate-income purchaser or tenant at a price or rent not to exceed the applicable maximum allowable restricted resale price or rerental charge in accordance with Subsection F(3), F(4) and F(5) of this section for the applicable time period specified in Subsection G(4) of this section, provided that the unit is controlled by an affordable housing document in accordance with the applicable provisions of Subsection G of this section.

Sell the unit at fair market value subject to the following:

Sell or rent the housing unit to a low- or moderate-income purchaser or tenant at a price of rent not to exceed the maximum allowable restricted resale price or rerental charge in accordance with Subsection F(3), F(4) and F(5) of this section.

Sell the unit at fair market value and utilize the price differential to subsidize the construction, rehabilitation or maintenance of low- and moderate-income housing within the housing region.

The sale price or rent shall not exceed the maximum allowable restricted resale price or rerental charge in accordance with Subsection F(3) and F(5) of this section for the applicable time period specified in Subsection G(4) of this section.

Low-income units shall be made available to low-income purchasers or low-income renters.

The unit shall be controlled by an affordable housing document in accordance with the applicable provisions of Subsection G of this section.

Option #1 is for the seller to sell to a qualified low- or moderate-income household at the controlled unit sales price, in accordance with the following:

Option #2 is for the seller to exercise a repayment option and sell the unit to any purchaser at fair market value, provided that the following are met and subject to the rejection of the repayment option by the City of Clifton in accordance with Subsection J(6) of this section hereinbelow:

Such a determination by the City of Clifton shall be made by resolution of the Mayor and Council, and the resolution shall specify the time period for which the recapture option shall not be applicable.

During such time period specified by the Mayor and Council, no seller of an affordable unit in the City of Clifton may utilize the repayment option referred to in Subsection J(b) of this section, provided that the City of Clifton:

In all cases, a certified household shall be the only occupant of a low- or moderate-income unit, and in no case shall an affordable unit be sold, rented or otherwise occupied without the prior approval of the Affordable Housing Agency.

The owner of an affordable unit shall pay any and all assessments by a homeowners' association, if applicable, and all taxes and public assessments levied upon or against the unit, and shall pay the assessments and taxes at the time they are due and before penalties occur.

The owner and renter, if applicable, of an affordable unit shall fully comply with all of the terms, restrictions and provisions of any master deed, this Affordable Housing Ordinance, the affordable housing document and the rules and regulations of the Affordable Housing Agency.

The proprietary interest of any owner of an affordable unit shall be subject to forfeiture in the event of substantial violation of any of the terms, restrictions and provisions of the master deed, this Affordable Housing Ordinance, the affordable housing document and the rules and regulations of the Affordable Housing Agency.

Regarding any renter of an affordable unit, the terms, restrictions and provisions of the master deed, this Affordable Housing Ordinance, the affordable housing document and/or the rules and regulations of the Affordable Housing Agency shall be considered a material element of the renter's lease and the landlord's rules, and any violation of such terms, restrictions and provisions shall be cause for eviction pursuant to N.J.S.A. 2A:18-61.1d and/or 2A:18-16.1e.

The owner and renter, if applicable, of an affordable unit shall keep the unit in good repair, and the City Construction Official, at the request and on behalf of the Affordable Housing Agency, shall enter and inspect an affordable unit in order to assess its condition relative to the applicable laws of the City of Clifton, and shall report his/her findings to the Affordable Housing Agency in writing.

The Affordable Housing Agency shall issue a notice of violation to an owner or renter of an affordable unit when an evident violation has occurred regarding any of the terms, restrictions and/or provisions of any master deed, this affordable housing ordinance, the affordable housing document or the rules and regulations of the Affordable Housing Agency.

The notice of violation shall be in writing and shall be sent to the owner or renter, as the case may be, by certified mail and shall be deemed to have been received three days after mailing. The notice of violation shall indicate:

An owner or renter shall have 45 days from the date of receipt of the notice of violation in which to correct the violation(s) in accordance with the steps set forth by the Affordable Housing Agency in the notice of violation, in accordance with the following:

Failure by the owner or renter of an affordable unit to cure the violation(s) within the established time period to cure the violation(s) shall be considered a notice of intent to sell the affordable unit, and the recapture provisions specified in Subsection J of this section may be declared operative. In addition to or as an alternative to declaring the recapture provisions specified in Subsection J of this section operative, the Affordable Housing Agency shall have the right to pursue any other legal and equitable remedies to which it may be entitled upon failure by an owner or renter of an affordable unit to cure the violation(s).

Failure of the Affordable Housing Agency to issue a notice of violation to an owner or renter of an affordable unit for any violation(s) shall not constitute a waiver or forfeiture by the Affordable Housing Agency of its rights to enforce the terms, restrictions and/or provisions of any master deed, this Affordable Housing Ordinance, the affordable housing document or the rules and regulations of the Affordable Housing Agency with respect to the subject affordable unit or to any other affordable unit.

While the aforementioned terms, restrictions and provisions shall cease to be effective upon the first mortgagee and all subsequent purchasers and mortgagees of the particular unit, said, terms, restrictions and provisions shall continue upon the owner of the subject affordable unit at the time of the default.

The foreclosure upon the affordable unit by another class of creditor other than the first mortgagee shall not result in the cessation of said terms, restrictions and provisions.

The first mortgagee and/or the mortgage holder shall serve written notice upon the Affordable Housing Agency within 10 days after the first mortgage is three months in arrears, and within 10 calendar days of the filing of the complaint seeking foreclosure of the first mortgage held on the affordable unit.

Failure of the first mortgagee or mortgage holder to provide notice of a foreclosure action to the Affordable Housing Agency shall not impair any of the financial institution's rights to recoup loan proceeds, shall neither negate the extinguishment of the controls on the subject affordable unit nor the validity of the foreclosure and shall not create a cause of action against the financial institution.

If an affordable unit owner defaults under the terms of a first mortgage, and if a foreclosure action is brought by the first mortgagee to foreclose its lien against the affordable unit owner, the recapture provisions of Subsection J of this section shall be operative and the City of Clifton, the State of New Jersey or a qualified nonprofit agency may purchase the subject affordable unit.

In addition to the possibilities of the affordable unit being purchased by the City of Clifton, the State of New Jersey or by a qualified nonprofit agency in accordance with the recapture provisions of Subsection J of this section, the City of Clifton may advance and pay sums necessary to continue the subject unit as an affordable unit under the terms of this section, subject to the following:

The term "surplus funds" is the total dollar amount paid to the sheriff in excess of the amount required to pay and satisfy the first mortgage, including the costs of foreclosure, even if junior creditors actually receive payment from said surplus funds to the exclusion of the owner.

The Affordable Housing Agency shall have a first priority lien to the full amount of the surplus funds, second only to the first mortgage of the subject unit and to any taxes or public assessments owed to a duly authorized governmental body, provided that the following:

The distribution and payment of moneys resulting from a foreclosure sale shall be subject to any and all applicable laws of the State of New Jersey.

All affordable units shall be available to appropriately sized low- and moderate-income certified households, irrespective of sex, age, race, color, religion, national origin or number of children.

The screening and interview process by the Affordable Housing Agency for income-eligible households that apply for low- and moderate-income units within Clifton shall be conducted in accordance with the procedures outlined in N.J.A.C. 5:93-11.4 of the Substantive Rules of COAH.

The following priority categories for certified households for all affordable units shall prevail in the City of Clifton and, within each priority category during each round of application selection, a random selection of the eligible certified households shall prevail:

The affirmative marketing plan for new affordable units shall provide the following information:

The marketing program portion of the affirmative marketing plan shall be designed to advertise and publicize to all segments of the income-eligible population throughout the housing region that the affordable units are available, and shall include the following:

The affirmative marketing plan shall begin at least four months prior to the expected occupancy of the subject affordable units, and there shall be at least one paid advertisement including at least the following information published in a newspaper of general circulation within the housing region during the first week of the marketing program:

The application forms for affordable units shall be made available at several locations, including, at the very least, the City of Clifton Municipal Building, the City libraries and the offices of the developer or sponsor of the affordable units; moreover, the application forms shall be mailed to prospective applicants upon request.

In its review of any site plan and/or subdivision submission which will contain any affordable units, the Planning Board or Zoning Board of Adjustment, as the case may be, shall condition any site plan and/or subdivision approval upon the approval by the Affordable Housing Agency of an affirmative marketing plan.

The Planning Board or Zoning Board of Adjustment, as the case may be, also shall condition the approval of any site plan and/or subdivision submission which will contain any affordable units upon the requirement that the cost of the marketing program to advertise the affordable units is to be the responsibility of the developer or sponsor.

The monitoring forms provided by COAH.

An evaluation of the income and demographic characteristics of each applicant for an affordable unit, as well as the income and demographic characteristics of each occupant of the unit.

An evaluation of any necessary adjustments in the affirmative marketing plan(s) and, if deemed not effective, the affirmative marketing plan(s) shall be required to be amended.

The owner must be a certified household or must agree to rent the house to be rehabilitated to either a low-income household or a moderate-income household.

The unit proposed to be rehabilitated must be a substandard housing unit as determined in writing by the City Construction Code Official upon inspection of the unit relative to the prevailing standards of the BOCA National Existing Structures Code.

The proposed rehabilitation activity shall be limited to the repair or replacement of a plumbing (including wells), heating, electricity, sanitary roof, plumbing (including septic systems) and/or a load-bearing structural system; the rehabilitation activity shall not include luxury improvements, the purchase of appliances or improvements that are strictly cosmetic.

The proposed rehabilitation activity shall be deemed by the City Construction Code Official, in writing, to be sufficient to remove the applicable existing health and safety code violation(s) and bring the unit up to the standards of the BOCA National Existing Structures Code.

The owner must agree, in writing, to comply with all of the applicable requirements of this Affordable Housing Ordinance.

Each owner who receives financial assistance under the provisions of the City of Clifton Housing Rehabilitation Program shall prepare and be bound by an affordable housing document in accordance with Subsection G of this section.

The affordable housing document shall be the legal instrument setting forth the terms, restrictions and provisions applicable to the subject affordable unit and which shall constitute the restrictive covenants running with the land with respect to the subject affordable unit.

The affordable housing document (lien) shall take effect as soon as the Affordable Housing Agency has approved the application and money has been made available for the rehabilitation activity. The affordable housing document shall remain in effect for six years in the case of an owner-occupied unit and 10 years in the case of a rental unit; and any sale of the unit shall not affect the lien.

Each owner who rents a unit to a low- or moderate-income household shall agree to be bound by the provisions governing the maximum rental charges for all affordable units specified in Subsection F(4) of this section, and by the provisions governing the maximum rerental charges for all affordable units specified in Subsection F(5) of this section, as applicable.

The City of Clifton shall provide $10,000 per unit to be rehabilitated during the course of the Rehabilitation Program. No more than $2,000 may be expended per unit for administrative expenses, and an average of $8,000 shall be expended for the actual rehabilitation activity.

The City of Clifton shall provide sufficient dollars to fund 1/3 of its rehabilitation component of affordable units within one year of the date it received substantive certification from COAH.

During each subsequent year, for a period of four additional years, the City of Clifton shall provide sufficient dollars to fund 1/6 of its rehabilitation component of affordable units, provided that:

Interested owners will be able to secure information and application packets from the Affordable Housing Agency via the City Clerk by visiting the Clifton Municipal Building during the City Clerk's regularly scheduled office hours.

Interested owners shall submit a completed application to the Affordable Housing Agency via the City Clerk.

The Affordable Housing Agency shall review the application for completeness and, once an application is complete, determine whether the owner is eligible in accordance with the criteria set forth in Subsection N(1)(a) of this section.

Upon determination by the Affordable Housing Agency that the owner is eligible, the City Construction Code official shall inspect the subject unit to determine whether it meets the definition of a substandard housing unit under the provisions of this section, and whether or not the proposed description and cost of the work needed to improve the unit will meet the parameters of the Housing Rehabilitation Program. The Construction Code Official's determination shall be submitted in writing to the Affordable Housing Agency.

If the City Construction Code Official determines that the unit meets the definition of a substandard housing unit but recommends an amended description and cost estimate of the work necessary to rehabilitate the unit, the applicant will be asked to revise the application to satisfactorily address the comments the Construction Code Official.

If the City Construction Code Official determines that the unit meets the definition of a substandard housing unit and that the agreed-upon work plan to rehabilitate the unit is satisfactory, the Construction Code Official shall notify the Affordable Housing Agency in writing.

Once the Construction Code Official has notified the Affordable Housing Agency in writing that the agreed-upon work plan to rehabilitate the unit is satisfactory, the Affordable Housing Agency shall arrange for a low-interest loan in accordance with Subsection N(5) of this section hereinbelow. The rehabilitation work may begin as soon as the applicant and the appropriate representative of the Affordable Housing Agency have signed all necessary agreements.

During the course of the completion of the rehabilitation construction, the City Construction Code Official periodically shall inspect the unit to make certain that the construction is proceeding satisfactorily in accordance with the approved work plan.

After completion of the rehabilitation construction, the City Construction Code Official shall inspect the unit and, if the rehabilitation construction has been completed satisfactorily, shall certify in writing to the Affordable Housing Agency that the rehabilitation work has been completed in accordance with the approved work plan.

Should the City Construction Code Official find upon inspection that the rehabilitation work has not been completed in accordance with the approved work plan, the Construction Code Official shall so notify the Affordable Housing Agency, which will determine a suitable remedy.

Rental rehabilitation. The following terms shall apply to loans made for the rehabilitation of a unit that is owned by a household who does not qualify as a low- or moderate-income household, but who has agreed to rent the unit to a low- or moderate-income household:

Owner-occupied rehabilitation. The following terms shall apply to loans made for the rehabilitation of a unit that is owner-occupied by either a low-income household or a moderate-income household:

Priority for financial assistance. In the event that sufficient funds are not available to provide low-interest loans to every eligible owner, at least 50% of the available assistance shall be awarded to applications that will result in low-income units in preference to those that will result in moderate-income units.

At least one well-publicized public meeting to be held in the City of Clifton Municipal Building to discuss and explain the Housing Rehabilitation Program.

A large poster highlighting the main features of the Housing Rehabilitation Program, to be prepared and hung in the City of Clifton Municipal Building at all times.

The issuance of periodic press releases to the official newspapers of the City of Clifton regarding the Housing Rehabilitation Program in order to promote interest in the Housing Rehabilitation Program.

A Rehabilitation Manual summarizing the administration of the Housing Rehabilitation Program, which shall be mailed to all residents of the City of Clifton prior to March 31 of each calendar year included in the substantive certification of the City of Clifton by COAH. The Rehabilitation Manual shall comply with the rules of COAH, shall contain a sample copy of an affordable housing document (lien) and shall describe:

Within all districts, including: R-A1Residential, One-Family, 9,375 square feet; R-A2 Residential, One-Family, 6,600 square feet; R-A3 Residential, One-Family, 5,000 square feet; R-B1 Residential, One- and Two-Family; R-B2 Residential, One- and Two-Family and Garden Apartments; R-B3 Residential, One- and Two-Family and Multifamily Apartments; R-TH Residential, Townhouses; R-HR Residential, High-Rise Suburban Apartments; B-A Business and Professional Offices; B-A1 Business and Professional Offices and Existing Residential; B-B Neighborhood Retail Business; B-C General Business; B-D Intensive Business; PCD Planned Commercial Development; PCRD Planned Commercial and Residential District; M-1 Restricted Industrial and Research Laboratories; M-2 General Industrial; M-3 Special Industrial; PD-1 Planned Development No. 1; PD-2 Planned Development No. 2; PD-3 Planned Development No. 3; PDO-1 Planned Development Option No. 1; PDO-2 Planned Development Option No. 2; P-MU Planned Mixed Use Zone; PRC Planned Residential Community Cemeteries; PD-1(A) Planned Development No. 1(A); and PSRC Planned Senior Housing and Municipal Recreation Complex, together with such new districts as may be created from time to time, which do not have a set affordable housing obligation, residential developers shall pay a fee of 1% of the equalized assessed value for residential development, provided no increased density is permitted.

When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers may be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized.

Within all districts, including: R-A1 Residential, One-Family, 9,375 square feet; R-A2 Residential, One-Family, 6,600 square feet; R-A3 Residential, One-Family, 5,000 square feet; R-B1 Residential, One- and Two-Family; R-B2 Residential, One- and Two-Family and Garden Apartments; R-B3 Residential, One- and Two-Family and Multifamily Apartments; R-TH Residential, Townhouses; R-HR Residential, High-Rise Suburban Apartments; B-A Business and Professional Offices; B-A1 Business and Professional Offices and Existing Residential; B-B Neighborhood Retail Business; B-C General Business; B-D Intensive Business; PCD Planned Commercial Development; PCRD Planned Commercial and Residential District; M-1 Restricted Industrial and Research Laboratories; M-2 General Industrial; M-3 Special Industrial; PD-1 Planned Development No. 1; PD-2 Planned Development No. 2; PD-3 Planned Development No. 3; PDO-1 Planned Development Option No. 1; PDO-2 Planned Development Option No. 2; P-MU Planned Mixed Use Zone; PRC Planned Residential Community Cemeteries; PD-1(A) Planned Development No. 1(A); and PSRC Planned Senior Housing and Municipal Recreation Complex, together with such new districts as may be created from time to time, which do not have a set affordable housing obligation, nonresidential developers shall pay a fee of 2% of the equalized assessed value for nonresidential development.

If an increase in floor area ratio is approved pursuant to N.J.S.A. 40:55D-70d(4), then the additional floor area realized (above what is permitted by right under the existing zoning) will incur a bonus development fee of 6% of the equalized assessed value for nonresidential development. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base floor area for the purposes of calculating the bonus development fee shall be the highest floor area permitted by right during the two-year period preceding the filing of the variance application.

Affordable housing developments shall be exempt from development fees. All other forms of new construction shall be subject to development fees unless exempted below.

Developments that have received preliminary or final approval prior to the imposition of a municipal development fee shall be exempt from development fees unless the developer seeks a substantial change in the approval.

Development fees shall be imposed and collected when an existing structure is expanded or undergoes a change to a more intense use. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.

There is hereby created a separate, interest-bearing Housing Trust Fund in Valley National Bank for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls. All development fees paid by developers pursuant to this subsection shall be deposited into this fund.

Within seven days from the opening of the trust fund account, the City of Clifton shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, Valley National Bank and COAH, to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:94-6.16(b).

No funds shall be expended from the affordable Housing Trust Fund unless the expenditure conforms to a spending plan approved by COAH. All interest accrued in the Housing Trust Fund shall only be used on eligible affordable housing activities approved by COAH.

Funds deposited in the Housing Trust Fund may be used for any activity approved by COAH to address the municipal fair share. Such activities include, but are not limited to, rehabilitation, new construction, RCAs subject to the provisions of N.J.A.C. 5:94-4.4(d), ECHO housing, purchase of land for affordable housing, improvement of land to be used for affordable housing, purchase of housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, or administration necessary for implementation of the Housing Element and Fair Share Plan. The expenditure of all funds shall conform to a spending plan approved by COAH.

Funds shall not be expended to reimburse the City of Clifton for past housing activities.

After subtracting development fees collected to finance an RCA, a rehabilitation program or a new construction project that are necessary to address the City of Clifton's affordable housing obligation, at least 30% of the balance remaining 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.

The City of Clifton 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. 5:94-7.

No more than 20% of the revenues collected from development fees each year, exclusive of the fees used to fund an RCA, shall be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units and compliance with COAH's monitoring requirements. Development fee administrative costs are calculated and may be expended at the end of each year or upon receipt of the fees.

Said power of attorney shall be coupled with an interest in the subject matter thereof and shall run with an interest in the affordable unit and be binding upon the heirs, executors, personal representatives, administrators, successors and assigns of the owner of the affordable unit.

Said power of attorney is intended to deliver all the rights, title and interest of the owner of the affordable unit in and to said power; provided, however, that such power of attorney may only be exercised in accordance with the terms and intent of this Affordable Housing Ordinance and the rules and regulations of the Affordable Housing Agency, if any, provided that such rules and regulations also are consistent with the terms and intent of this section.

All applications for construction of new facades or changes to existing facades will include a facade design plan indicating overall facade design and notes describing the facade design intent. The facade design plan may be modified when an application for development is made to the City and approved.

All buildings for which development applications are made, whether for the whole building or a portion of the building, will treat the entire facade as related to the change proposed. To further this objective, all development applications will include an elevation showing the entire building facade, and each applicant will be required to demonstrate the relationship of the proposed change to the building facade plan.

Facades fronting on Main Avenue shall have a minimum of 50% of first floor building wall comprised of glass. Glass facades will display products or services characteristic of the business.

No auto-related use shall be located within 1,000 feet of another auto-related use, including but not limited to automobile body shops, gasoline service stations or automobile accessory stores.

No fast-food use shall be located within 500 feet of another fast-food use.

Restaurants, excluding fast-food restaurant uses, shall be permitted as principal uses subject to the following:

Provide guidelines which allow for the siting of cellular towers within the boundaries of the City of Clifton.

Provide for the ever expanding communications needs of the City of Clifton, its residents and business community.

Protect residential areas and land uses from potential adverse impacts of towers and antennas.

Encourage the location of towers in nonresidential areas.

Minimize the total number of towers throughout the community.

Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers.

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques.

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.

Consider the public health and safety of communication towers.

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

Applicants must provide camouflaging as defined by the term "alternative tower structure" or provide documentation as to why camouflage is not feasible.

The tower shall either maintain a galvanized steel finish or meet the applicable standards of the FAA. If the tower is not to be camouflaged by an alternative tower structure, the tower is to be painted a neutral color so as to reduce visual obtrusiveness.

Whether a tower is camouflaged or not at a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

Antennas or towers located on property owned, leased or otherwise controlled by the City of Clifton, provided that a license or lease authorizing such antenna or tower has been approved by the City of Clifton. However, the City may, as a condition of such lease, require site plan approval. The decision to extend such leases to an applicant shall be vested solely with the municipality and shall not be governed by this section.

Antennas or towers located in the M-1 and M-2 Zones so long as the requirements in Subsections D, G(2)(e)[1], G(2)(g) and I are met.

The Zoning Officer may administratively approve the uses listed in this subsection.

Each applicant for administrative approval shall apply to the Zoning Officer providing the information set forth in this section and a nonrefundable fee as established by resolution of the governing body of the municipality to reimburse the City of Clifton for the costs of reviewing the application.

The Zoning Officer shall review the application for administrative approval and determine if the proposed use complies with Subsections D, G(2)(d)[2] and G(2)(e)[2] of this section.

The Zoning Officer shall respond to each such application within 60 days after receiving it by either approving or denying the application. If the Zoning Officer fails to respond to the applicant within said 60 days, then the application shall be deemed to be approved.

In connection with any such administrative approval, the Zoning Officer may, in order to encourage shared use, administratively waive any zoning district setback requirements in Subsection G(2)(d) or separation distances between towers in Subsection G(2)(e) by up to 50%, but only for applications colocating on an already approved site.

In connection with any such administrative approval, the Zoning Officer may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.

Locating antennas on existing structures or towers consistent with the terms of Subsections F(2)(a)[1] and [2] below.

If the tower or antenna is not a permitted use under Subsection E of this section or permitted to be approved administratively pursuant to Subsection F of this section, then a conditional use permit shall be required for the construction of a tower or the placement of an antenna in all nonresidential zoning districts.

Applications for conditional use permits under this subsection shall be subject to the procedures and requirements of Article VI of this chapter, except as modified in this subsection.

In granting a conditional use permit, the Planning Board may impose conditions to the extent that the Planning Board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.

An applicant for a conditional use permit shall submit the information described in this subsection and a nonrefundable fee as established by the City Engineer and Attorney to reimburse the City of Clifton for the costs of reviewing the application.

Information required. In addition to any information required for applications for conditional use permits pursuant to Article VI of this chapter, applicants for a conditional use permit for a tower shall submit the following information:

Factors considered in granting conditional use permits for towers. In addition to any standards for consideration of conditional use permit applications pursuant to Article VI of this chapter, the Planning Board shall consider the following factors in determining whether to issue a conditional use permit, although the Planning Board may waive or reduce the burden on the applicant of one or more of these criteria if the Planning Board concludes that the goals of this section are better served thereby:

Availability of suitable existing towers, other structures or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following (although nothing should be construed to infer that meeting one, some or all of the following shall entitle the applicant to approval):

Setbacks. The following setback requirements shall apply to all towers for which a conditional permit is required; provided, however, that the Planning Board may reduce the standard setback requirements if the goals of this section would be better served thereby:

Separation. The following separation requirements shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the Planning Board may reduce the standard separation requirements if the goals of this section would be better served thereby.

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device.

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required:

The cabinet or structure shall not contain more than 100 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 40 feet in height, the related unmanned equipment structure shall be located on the ground and shall not be located on the roof of the structure.

If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.

Equipment storage buildings or cabinets shall comply with all applicable building codes.

In a front or side yard, provided that the cabinet or structure is not greater than six feet in height or 100 square feet of gross floor area and the cabinet/structure is located a minimum of 75 feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42 inches to 48 inches and a planted height of at least 36 inches.

In a rear yard, provided that the cabinet or structure is no greater than eight feet in height or 120 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 48 inches.

In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 72 inches.

Emergency generators shall be located below grade and suitably soundproofed so that noise volumes measured at all property lines do not exceed ambient levels. A nighttime restriction of 50 decibels measured at all lot lines shall be imposed.

Will not result in appreciable harmful effects to the environment.

Has been designed and conceived with a view toward the protection of the regional resources.

Will not place a disproportionate or excessive demand upon the total resources available for such proposal and for any future proposals.

Indicate the purpose and scope of the proposed project. Enumerate the benefits to the public which will result from the proposed project and describe the suitability of the site for the intended use.

A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed and the uses intended. The resident population, working population and visitor population shall be estimated. The compatibility of the proposed project shall be described in relation to the following:

Climate. The statement shall describe the climate conditions of the general areas of the proposed site, including data dealing with temperature, precipitation, humidity and wind direction and velocity. Specific weather conditions such as inversions and the frequency in which they may be anticipated shall be considered, together with any topographic features which influence weather.

Types of soils. Description of each soil type located in the site. Relative to the type of project proposed, a complete mapping of all soil types on the site shall be required indicating where the moderate and severe limitations exist.

Topography. Description of the topographic conditions within the site and extending 200 feet beyond the property lines. For a project located in the Steep Slope District, and where the proposed area of land disturbance encompasses slopes in excess of 15%, the following slope ranges shall be mapped for the entire site: 15.01% to 25%; 25% to 30%; and over 30%.

Geology. Description of the geologic formations and features associated with the site as well as depth to bedrock conditions. Delineation of those areas where bedrock is in close proximity to the surface, within two feet of the surface as well as major bedrock outcroppings. Areas which are particularly susceptible to landslides, subsidence or other earth movement should be located on any area map and described.

Vegetation and wildlife habitat. Description of the existing vegetation on the site. When required, sketch the location of major vegetation grouping such as woodland, open field and wetland as well as significant specimen trees. Describe existing wildlife species and habitat present. Contact the New Jersey Natural Heritage Program for an endangered and threatened species determination, and include the response as part of the environmental impact statement.

Surface water. Description of existing watercourses and water bodies that are partially, totally or immediately adjacent to the site and their relationship to the area of land disturbance. Existing surface runoff from the site shall be calculated using methods approved by the New Jersey Department of Environmental Protection. When the natural drainage pattern will be significantly altered, an analysis shall be conducted which will investigate flow, depth, capacity, and water quality of receiving waters. When required, floodplain areas shall be mapped in consultation with the New Jersey Department of Environmental Protection. Existing drainage structures shall be mapped, and the capacity of the drainage network shall be determined. Provide existing water quality characteristics of any on-site or adjacent watercourses and water bodies, including New Jersey Surface Water Quality Standards Classification. Where freshwater wetlands and open waters are present within or directly adjacent to the site, obtain a presence/absences or line verification letter of interpretation from the NJDEP Land Use Regulation Program and reference status in the EIS. There shall also be an indication of the two-, ten-, twenty-five-, fifty- and one-hundred-year flood levels for the area, as well as an identification of any Army Corps of Engineers or floodplain plan of tidelands of the proposed project.

Subsurface water. Description of the subsurface water conditions on the site, in terms of depth to groundwater and water quality characteristics where on-site wells are present or sites requiring New Jersey Department of Environmental Protection regulated groundwater remediation.

Unique, scenic and/or historic features. Description and a map of those portions of the site that are listed to have unique, scenic and/or historic qualities as listed on the City of Clifton's natural resource inventory report.

Existing development features. Description of any existing features on the site that are not considered to be part of the natural environment. This may include, but not necessarily be limited to, roads, housing units, accessory structures, and utility lines.

Air quality and noise quality. An analysis shall be conducted of existing air quality and noise levels as prescribed by the New Jersey Department of Environmental Protection or by the City of Clifton Code Chapter 327, entitled "Noise."

Identification of significant environmentally sensitive areas. The statement shall identify and show on a map any of the following which may be significantly impacted by the application, such as surface waters; marshlands, wetlands and estuaries; floodplains or flood-retention areas; groundwater recharge areas; steeply sloping lands; forests and woodlands; prime agricultural lands; habitats of rare and endangered species and sensitive geologic areas.

Soil erosion and sedimentation resulting from surface runoff.

Flooding and floodplain disruption, and wetlands and transition area disturbances.

Degrading of surface water quality by point sources and/or nonpoint sources (NPS), including stormwater runoff.

Groundwater pollution, underground injection or other potential discharge to groundwater.

Sewage disposal.

Solid waste disposal.

Destruction of vegetation, including compliance with § 433-30 of the Code of the City of Clifton, entitled "Tree Removal and Protection."[2]

Disruption of wildlife habitats.

Destruction of scenic and historic features.

Air quality degradation.

Contaminated site remediation.

Noise levels.

Energy utilization.

Effect on public services, such as schools, fire and police.

Traffic congestion.

Drainage plans which shall include, but not be limited to, soil erosion and sedimentation controls. Every effort should be made to limit off-site runoff to predevelopment levels. As applicable, document compliance with the New Jersey Stormwater Management Rules.

Sewage disposal techniques.

Water supply and water conservation proposals.

Site design techniques sensitive to the natural environment which should include innovative landscape, building and circulation design.

Energy conservation measures.

Noise reduction techniques.

Construction schedule.

Soil erosion control.

Light and air.