Clinton Township City Zoning Code
ARTICLE XXII
AH-3 Affordable Housing District
§ 165-149 Purpose.
[Added 10-22-1990 by Ord. No. 436-90]
The purpose of this Article XXII is to establish regulations and standards controlling the development of land in specified areas of the Township with provisions for the construction of low- and moderate-income housing units or contributions of funds to support the development, redevelopment, and rehabilitation of low and moderate income housing units, in accordance with the provisions set forth below and in accordance with the provisions of the New Jersey Fair Housing Act.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
§ 165-150 Permitted principal uses.
A.
One-family dwellings as permitted and regulated in the Schedule of Zoning Requirements.
B.
Two-family dwellings as permitted and regulated in the Schedule of Zoning Requirements.
C.
Three- and four-family dwellings as permitted and regulated in the Schedule of Zoning Requirements.
[Added 10-22-1990 by Ord. No. 436-90]
§ 165-151 Permitted accessory uses.
Permitted accessory uses shall be as follows:
A.
Private garages.
B.
Buildings for storage of maintenance equipment.
C.
Off-street parking as hereinafter regulated.
E.
Private recreation buildings and facilities, including ancillary indoor and outdoor private recreational amenities, intended for use by residents of the development.
F.
Gazebos and similar outdoor landscape structures.
[Added 10-22-1990 by Ord. No. 436-90]
G.
Residential swimming pools subject to the following conditions:
[Added 5-27-2009 by Ord. No. 982-09]
(1)
A zoning permit is required for residential swimming pools.
(2)
Residential swimming pools shall be designed so that there are no adverse impacts on topography, structures or stormwater management of the subject property or adjacent properties, as determined by the Township Engineer. Prior to seeking a permit for the construction of a residential swimming pool, an existing conditions plan, prepared by a professional land surveyor, shall be submitted that depicts existing and proposed topography, existing and proposed buildings and site improvements within the subject property and within 20 feet of the lot lines on adjacent properties.
(3)
Residential swimming pools shall be designed to comply with § 165-72C(7), Critical geologic formation area investigation program, which provides a process for evaluating the potential impacts of, and technical requirements for, development in Critical Geological Formation Areas, except that a Phase I Checklist shall not be required. Compliance with § 165-72C(7) shall be determined by the Township Geotechnical Consultant, who shall act in place of the Planning Board during this process. Studies undertaken pursuant to § 165-72C(7) should be informed by the Checklist I documentation produced during the development of the original subdivision. Conditions D.1.b.(1)-(7),(10)-(12) of Clinton Township Planning Board Resolution 2001-12 for the Water's Edge subdivision governing construction on the site shall apply.
(4)
Residential swimming pools shall be designed to comply with § 165-72H, Geologic hazards reevaluation, compliance and enforcement, which provides a process for evaluating and addressing specific geologic hazards that are not identified during the geologic investigation program but are discovered during construction. Compliance with § 165-72H shall be determined by the Township Geotechnical Consultant, who shall act in place of the Planning Board during this process.
(5)
Swimming pools are not permitted on the following lots, as set forth on the "Tax Map Clinton Township," dated October 1962, revised January 19, 2004, the development of which is impacted by an existing NJ Water Supply Authority grouting easement:
§ 165-152 Required conditions.
The following zoning standards shall apply to development in the AH-3 District:
A.
Permitted development. Development of the AH-3 Zone shall not exceed 187 dwelling units, including any units for occupancy by low and moderate income households as required by § 165-153.
B.
Minimum tract area: 35 acres.
C.
Minimum building setback from existing streets and tract boundaries: 50 feet, exclusive of gazebos, roads and garden furniture.
D.
Maximum building coverage: 15% of gross tract area for principal buildings, excluding structures with roofs but without walls, such as open porches attached to dwelling units and excluding permitted accessory buildings, all of which shall combine with principal buildings for a total building coverage not to exceed 20% of the gross tract area.
E.
Maximum impervious coverage. 50% of gross lot area.
[Amended 5-27-2009 by Ord. No. 982-09]
F.
Maximum height of building. No building shall exceed a height of 2 1/2 stories or 25 feet at the highest elevation around the foundation nor 3 1/2 stories or 35 feet at the lowest elevation around the foundation.
G.
Accessory buildings. The requirements of § 165-143G shall be met, except that gazebos and other garden furniture may be located no closer than 10 feet to tract boundary lines.
H.
Off-street parking. Off-street parking shall conform to all applicable provisions of Part 6, Subdivision and Site Plan Review.
I.
Minimum roadway setback from tract boundaries. No new roadway shall be located closer than 10 feet to tract boundaries, except where such roadway intersects with an existing street.
[Added 10-22-1990 by Ord. No. 436-90]
§ 165-153 Low- and moderate-income housing requirements.
[Added 10-22-1990 by Ord. No. 436-90]
The developer of lands within the AH-3 District shall either:
A.
Provide at least 10% of the total number of dwelling units to be limited to occupancy by low- and moderate-income households according to § 165-143; or
B.
Provide to Clinton Township a cash contribution in the amount of $2,000 per approved dwelling unit, to be used for the development, redevelopment or rehabilitation of low and moderate income housing within Clinton Township, or through a regional contribution agreement approved by the Council on Affordable Housing.
§ 165-154 Open space requirements.
[Added 10-22-1990 by Ord. No. 436-90]
At least five acres of public open space shall be provided including at least three contiguous acres devoted to active recreation and approximately one acre at the southwest corner of the tract devoted to a Spruce Run Overlook Park, offering access to all Clinton Township residents. Pedestrian connections shall be provided between developed areas and all open space areas.
§ 165-155 Development fees.
[Added 3-25-1993 by Ord. No. 511-93; amended 10-27-1994 by Ord. No. 560-94; 12-12-2002 by Ord. No. 801-02; 6-14-2006 and 9-13-2006 by Ord. No. 908-06; 12-13-2006 by Ord. No. 918-06; 9-12-2012 by Ord. No. 1042-12]
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 Section 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 the Council or court of competent jurisdiction and have a COAH-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 with P.L.2008, c.46, Sections 8 and 32 through 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. 5:97-8.
C. AFFORDABLE HOUSING DEVELOPMENT COAH or THE COUNCIL DEVELOPER DEVELOPMENT FEE EQUALIZED ASSESSED VALUE GREEN BUILDING STRATEGIES
Definitions. The following terms, as used herein, 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 one-hundred-percent-affordable development.
The New Jersey Council on Affordable Housing established under the Act that has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning considerations in the state.
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.
The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with sections 1, 5, and 6 of P.L.1973, c.123 (N.J.S.A. 54:1-35a through N.J.S.A. 54:1-35c).
Those strategies that minimize the impact of development on the environment and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
D.
Residential development fees.
(1)
Imposed fees.
(a)
Within all zoning districts, 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 shall be required to pay a development fee of 1.5% of the equalized assessed value of the initial "by-right" number of units and 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.
Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees shall equal 1.5% of the equalized assessed value on the first two units, and 6.0% of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application. |
(2)
Eligible exactions, ineligible exactions and exemptions for residential development.
(a)
Affordable housing developments, developments where the developer is providing for the construction of affordable units elsewhere in the municipality, and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.
(b)
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.
(c)
Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use or is demolished and replaced, and not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.
(3)
Exemption. Owner-occupied residential structures demolished and replaced as a result of a fire, flood or natural disaster shall be exempt from paying a development fee.
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 two-and-one-half-percent development fee, unless otherwise exempted below.
(b)
The two-and-one-half-percent 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 said statute may from time to time be amended, and as specified in 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 the 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 developer as per the instructions provided in the Form N-RDF. The Township Tax Assessor shall verify any exemptions claimed and prepare estimated and final assessments in accordance with the instructions provided in Form N-RDF.
(3)
For all development:
(a)
The construction official responsible for the issuance of a building permit shall notify the Tax Assessor of the issuance of the first building permit for a development that is subject to a development fee.
(b)
Within 90 days of receipt of said notice, the Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.
(c)
The construction official responsible for the issuance of a final certificate of occupancy shall notify the Tax Assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.
(d)
Within 10 business days of a request for the scheduling of a final inspection, the Tax 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.
(e)
Should the Township fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b of Section 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).
(4)
Payment of development fees. Fifty percent of the estimated 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 any difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.
(5)
Appeal of development fees.
(a)
Residential. 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 the 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)
Nonresidential. 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 the 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 Affordable Housing Trust Fund to be maintained by the Township 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 the Township's affordable housing program.
(3)
Within seven days from the opening of the trust fund account, the Township shall provide COAH with written authorization, in the form of a three-party escrow agreement between the Township, the bank, and COAH to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b).
(4)
All interest accrued in the Affordable Housing Trust Fund shall only be used on eligible affordable housing activities approved by COAH.
H.
Use of funds.
(1)
The expenditure of all funds shall conform to a spending plan approved by COAH. Funds deposited in the Affordable Housing Trust Fund may be used for any activity approved by COAH to address the Township's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, or regional housing partnership programs, conversion of existing nonresidential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of the Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through 8.9 and specified in the approved spending plan.
(2)
Funds shall not be expended to reimburse the 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 Township's 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 Township's 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)
The 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. 5:96-18.
(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 Township employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council's regulations and/or action are not eligible uses of the Affordable Housing Trust Fund.
I.
Monitoring. The Township shall complete and return to COAH 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 the Township's affordable housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH. All monitoring reports shall be completed on forms designed by COAH.
J.
Ongoing collection of fees. The Township's ability to impose, collect and expend development fees shall expire with its substantive certification unless the Township has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned for substantive certification, and has received COAH's approval of its development fee ordinance. If the Township fails to renew its ability to impose and collect development fees prior to the expiration of substantive certification, it may be subject to forfeiture of any or all funds remaining within its Affordable Housing Trust Fund. Any funds so forfeited shall be deposited into the "New Jersey Affordable Housing Trust Fund" established pursuant to section 20 of P.L. 1985, c.222 (N.J.S.A. 52:27D-320). The Township shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its substantive certification or judgment of compliance, nor shall the Township retroactively impose a development fee on such a development. The Township shall not expend development fees after the expiration of its substantive certification or judgment of compliance.