Hainesport City Zoning Code
ARTICLE IX
Low- and Moderate-Income Housing
[Added 10-14-1986 by Ord. No. 1986-11-9]
[1]
Editor's Note: See also Ch. 44, Affordable Housing.
§ 104-57 Purpose.
The purpose of this article is to assure opportunities to provide the Township's fair share of low- and moderate-income (LM) housing.
§ 104-58 Definitions.
[Added 11-10-1992 by Ord. No. 1992-1-4]
As used in this article, the following terms shall have the meanings indicated:
COAH
The New Jersey Council on Affordable Housing.
DEVELOPMENT FEES
Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in COAH's rules.
EQUALIZED ASSESSED VALUE
The value of a property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of building permit may be obtained by the Tax Assessor utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the Municipal Tax Assessor.
JUDGMENT OF REPOSE
A judgment issued by the Superior Court approving a municipality's plan to satisfy its fair share obligation.
SUBSTANTIVE CERTIFICATION
A determination by the Council approving a municipality's housing element and fair share plan in accordance with the provisions of the Act[1]and the rules and criteria as set forth herein. A grant of substantive certification shall be valid for a period of six years in accordance with the terms and conditions contained therein.
[1]
Editor's Note: See the Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
§ 104-59 Required participation.
[Amended 4-12-1994 by Ord. No. 1994-4-3; 3-28-2000 by Ord. No. 2000-1-3]
This section of the Hainesport Township Code sets forth regulations regarding low- and moderate-income housing units in Hainesport Township that are consistent with the provisions of N.J.A.C. 5:93 et seq. as effective on June 6, 1994.[1] These rules are pursuant to the Fair Housing Act of 1985[2]and Hainesport's constitutional obligation to provide for its fair share of low- and moderate-income housing.
A.
Hainesport Township's new construction or inclusionary component will be divided equally between low- and moderate-income households as per N.J.A.C. 5:93-2.20.
B.
Except for inclusionary developments constructed pursuant to low-income tax credit regulations:
(1)
At least half of all units within each inclusionary development will be affordable to low-income households.
(2)
At least half of all rental units will be affordable to low-income households.
(3)
At least 1/3 of all units in each bedroom distribution pursuant to N.J.A.C. 5:93-7.3 will be affordable to low-income households.
C.
Inclusionary developments that are not restricted to senior citizens will be structured in conjunction with realistic market demands so that:
(1)
The combination of efficiency and one-bedroom units is at least 10% and no greater than 20% of the total low- and moderate-income units.
(2)
At least 30% of all low- and moderate-income units are two-bedroom units.
(3)
At least 20% of all low- and moderate-income units are three-bedroom units.
(4)
Low- and moderate-income units restricted to senior citizens may utilize a modified bedroom distribution. At a minimum, the number of bedrooms will equal the number of senior citizen low- and moderate-income units within the inclusionary development.
D.
In conjunction with realistic market information, the following criteria will be used in determining maximum rents and sale prices:
(1)
Efficiency units will be affordable to one-person households.
(2)
One-bedroom units will be affordable to 1.5-person households.
(3)
Two-bedroom units will be affordable to three-person households.
(4)
Three-bedroom units will be affordable to 4.5-person households.
(5)
Median income by household size will be established by a regional weighted average of the uncapped Section 8 income limits published by HUD as per N.J.A.C. 5:93-7.4(b).
(6)
The maximum average rent and price of low- and moderate-income units within each inclusionary development will be affordable to households earning 57.5% of median income.
(7)
Moderate-income sales units will be available for at least three different prices, and low-income sales units will be available for at least two different prices.
(8)
For both owner-occupied and rental units, the low- and moderate-income units will utilize the same heating source as market units within an inclusionary development.
(9)
Low-income units will be reserved for households with a gross household income less than or equal to 50% of the median income approved by COAH; moderate-income units will be reserved for households with a gross household income less than 80% of the median income approved by COAH as per N.J.A.C. 5:93-9.16.
(10)
The regulations outlined in N.J.A.C. 5:93-9.15 and 5:93-9.16 will be applicable for purchased and rental units.
E.
For rental units, developers and/or municipal sponsors may establish one rent for a low-income unit and one for a moderate-income unit for each bedroom distribution. Gross rents, including an allowance for tenant-paid utilities, will be established so as not to exceed 30% of the gross monthly income of the appropriate household size as per N.J.A.C. 5:93-7.4(a). The tenant-paid utility allowance will be consistent with the utility allowance approved by HUD for use in New Jersey.
F.
For-sale units.
(1)
The initial price of a low- and moderate-income owner-occupied single-family housing unit will be established so that, after a down payment of 5%, the monthly principal, interest, homeowner and private mortgage insurances, property taxes (based on the restricted value of the low- and moderate-income unit) and condominium or homeowner fees do not exceed 28% of the eligible gross monthly income.
(2)
Master deeds of inclusionary developments will regulate condominium or homeowner association fees or special assessments of low- and moderate-income purchasers at 100% of those paid by market purchasers. This percentage is consistent with the requirements of N.J.A.C. 5:93-7.4(e). Once established within the master deed, the percentage will not be amended without prior approval from COAH.
[Amended 5-23-2000 by Ord. No. 2000-10-5]
(3)
Hainesport Township will follow the general provisions concerning uniform deed restriction liens and enforcement through certificates of occupancy or reoccupancy on sale units as per N.J.A.C. 5:93-9.3.
(4)
Hainesport Township will require a certificate of reoccupancy for any occupancy of a low- or moderate-income sales unit resulting from a resale as per N.J.A.C. 5:93-9.3(c).
(5)
Municipal, state, nonprofit and seller options regarding sale units will be consistent with N.J.A.C. 5:93-9.5 through 5:93-9.8. Municipal rejection of repayment options for sale units will be consistent with N.J.A.C. 5:93-9.9.
(6)
The continued application of options to create, rehabilitate or maintain low- and moderate-income sale units will be consistent with N.J.A.C. 5:93-9.10.
(7)
Eligible capital improvements prior to the expiration of controls on sale units will be consistent with N.J.A.C. 5:93-9.11.
(8)
The regulations detailed in N.J.A.C. 5:93-9.12 through 5:93-9.14 will be applicable to low- and moderate-income units that are for-sale units.
G.
In zoning for inclusionary developments, the following is required:
(1)
Low- and moderate-income units will be built in accordance with N.J.A.C. 5:93-5.6(d):
Minimum Percent of Low- and Moderate-Income Units Completed | Percent of Market Housing Units Completed |
|---|---|
0% | 25% |
10% | 25% + 1 unit |
50% | 50% |
75% | 75% |
100% | 90% |
100% |
(2)
A design of inclusionary developments that integrates low- and moderate-income units with market units is encouraged as per N.J.A.C. 5:93-5.6(e).
H.
A development fee ordinance was approved by COAH and adopted by Hainesport Township on July 28, 1992. See Ordinance No. 1992-1-4.[3]
[3]
Editor's Note: See now Ch. 44, Affordable Housing, § 44-33, Affordable housing development fees.
I.
To provide assurances that low- and moderate-income units are created with controls on affordability over time and that low- and moderate-income households occupy these units, Hainesport Township will designate the Township Administrator with the responsibility of ensuring the affordability of sales and rental units over time. The Township Administrator will be responsible for those activities detailed in N.J.A.C. 5:93-9.1(a).
(1)
In addition, the Township Administrator will be responsible for utilizing the verification and certification procedures outlined in N.J.A.C. 5:93-9.1(b) in placing households in low- and moderate-income units.
(2)
Newly constructed low- and moderate-income sale units will remain affordable to low- and moderate-income households for at least 30 years. The Township Administrator will require all conveyances of newly constructed units to contain the deed restriction and mortgage lien adopted by COAH and referred to as "Technical Appendix E" as found in N.J.A.C. 5:93.
(3)
Housing units created through the conversion of a nonresidential structure will be considered a new housing unit and will be subject to thirty-year controls on affordability. The Township Administrator will require COAH's appropriate deed restriction and mortgage lien.
J.
Regarding rehabilitated units:
(1)
Rehabilitated owner-occupied single-family housing units that are improved to code standard will be subject to affordability controls for at least six years.
K.
Regarding rental units:
(1)
Newly constructed low- and moderate-income rental units will remain affordable to low- and moderate-income households for at least 30 years. The Township Administrator will require the deed restriction and lien and deed of easement referred to as "Technical Appendix H" as found in N.J.A.C. 5:93.
(2)
Affordability controls in accessory apartments will be for a period of at least 10 years, except if the apartment is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls on affordability will extend for 30 years.
(3)
Alternative living arrangements will 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 10 years, except if the alternate living arrangement is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls on affordability will extend for 30 years.
L.
Section 14(b) of the Fair Housing Act,[4] N.J.S.A. 52:27D-301 et seq., incorporates the need to eliminate unnecessary cost-generating features from the Hainesport Township land use ordinances. Accordingly, Hainesport Township will eliminate development standards that are not essential to protect the public welfare and to expedite or fast track municipal approvals/denials on inclusionary development applications. Hainesport Township will adhere to the components of N.J.A.C. 5:93-10.1 through 5:93-10.3.
[4]
Editor's Note: See N.J.S.A. 52:27D-314, Subsection b.
M.
Uniform affordable housing production based upon growth share.
[Amended 5-23-2006 by Ord. No. 2006-7-5]
(1)
Applicability.
(a)
This section of the land use regulation of Hainesport sets forth mechanisms by which developers shall provide for a fair share of affordable housing based on growth that is associated with development taking place within Hainesport.
(b)
Residential development. Except as exempted in Subsection M(2), all residential development in all residential zones that results in the construction of new market-rate dwelling units shall be subject to the growth share provisions of this section.
(c)
Nonresidential development. Except as exempted in Subsection M(2), all nonresidential development in all nonresidential zones that results in an increase in gross floor area of any existing nonresidential structure or the construction of a new nonresidential structure shall be subject to the growth share provisions of this section.
(2)
Exemptions.
(a)
Developments that received preliminary or final approval from the Planning Board and/or Board of Adjustment, as applicable, prior to the effective date of this section.
(b)
Residential developments of fewer than nine units shall not be required to comply with this section but shall be subject to the Township's Affordable Housing Fee Ordinance.[5]
[5]
Editor's Note: See Ch. 44, Affordable Housing.
(c)
Nonresidential developments that are projected to create fewer than 25 jobs using COAH standards set forth in Appendix E to its substantive regulations shall not be required to comply with this section, but shall be subject to the Township's Affordable Housing Fee Ordinance.
(3)
Residential growth share provisions.
(a)
All residential development which results in the construction of new market-rate dwelling units in Hainesport in any residential zone shall provide one affordable unit for every eight market-rate units constructed.
(b)
All residential development in Hainesport consisting of nine or more residential units shall provide one affordable housing unit on site for every eight market-rate units.
(c)
For developments that result in a number of market-rate residential units not evenly divisible by nine, the developer may construct the additional affordable unit on site or, alternatively, the developer may make a payment in lieu of constructing the additional affordable unit. If the developer selects the latter option, the amount of said payment shall be established by subtracting any whole multiples of nine from the total number of residential units being created, dividing any remaining number of units by eight and multiplying the resulting fraction by the higher of $35,000 or such amount as shall be derived from an analysis of the subsidy required to create an affordable housing unit in Hainesport.
(d)
All residential development in any residential zone consisting of fewer than nine residential units may provide one affordable unit on site or may make a payment in lieu of constructing the proportionate fraction of the affordable housing unit required. If the developer selects the latter option, the amount of said payment shall be established by dividing the number of market-rate units by eight and multiplying the resulting fraction by the higher of $35,000 or such amount as shall be derived from an analysis of the subsidy required to create an affordable housing unit in Hainesport.
(e)
As an alternative to fulfilling the affordable housing requirements set forth in Subsection M(3)(b) through (d) above, developers of residential units in any residential zone may seek the written authorization of the Township either to construct an affordable housing unit elsewhere in the Township or purchase an existing residential unit elsewhere in the Township in accordance with any reconstruction (gut rehabilitation) program, buydown program, and/or municipally sponsored rental program which the Township may devise in accordance with N.J.A.C. 5:94-1 et seq.[6] If the developer fails to secure written authorization or if the Township does not adopt such a program, then the residential developer shall construct the non-age-restricted affordable unit on site.
[6]
Editor's Note: The Substantive Rules of the New Jersey Council on Affordable Housing for the Period Beginning December 20, 2004, N.J.A.C. 5:94-1 et seq., expired on 9-11-2016.
(f)
All residential development not subject to the provisions of Subsection M(3)(a) through (e) above shall be subject to the provisions of development fees as set forth in the applicable Township ordinances adopted and in effect regarding the same.[7]
[7]
Editor's Note: See Ch. 44, Affordable Housing.
(4)
Nonresidential growth share provisions.
(a)
All nonresidential development in any nonresidential zone that results in an increase in gross floor area of any existing nonresidential building or the construction of a new nonresidential building in Hainesport shall provide one affordable unit for every 25 jobs that result from the application of standards adopted by COAH (presently found in Appendix E of N.J.A.C. 5:94-1 et seq.) and based on use groups as defined by the International Building Code (IBC) which has been incorporated by reference into the Uniform Construction Code (UCC).
(b)
All nonresidential developments in any nonresidential zone shall provide one unit of affordable housing for every 25 jobs projected to be created by new or expanded development. Determinations of the number of jobs created shall be based on the new or expanded floor area in the development and the conversion factors, by use group, published by COAH as Appendix E in N.J.A.C. 5:94-1 et seq.
[1]
Subject to the developer first securing prior written authorization from the Township, nonresidential developers in any nonresidential zone shall either construct an affordable housing unit elsewhere in the Township or shall purchase an existing residential unit elsewhere in the Township in accordance with any reconstruction (gut rehabilitation) program, buydown program and/or municipally sponsored rental program the Township may devise in accordance with N.J.A.C. 5:94-1 et seq. If the developer fails to secure such written authorization or if the Township does not adopt such a program, then the nonresidential developer shall construct the non-age-restricted affordable unit on site.
[2]
Subject to the developer first securing prior written authorization from the Township, nonresidential developers in any nonresidential zone shall make a payment in lieu of constructing the affordable units. The amount of said payment shall be determined by establishing the number of jobs to be created in a development by using the conversion factors published by COAH as Appendix E in N.J.A.C. 5:94-1 et seq., dividing by 25 to determine the number of affordable housing units required and multiplying the resulting figure by the higher of $35,000 or such amount as shall be derived from an analysis of the subsidy required to create an affordable housing unit in Hainesport. If the developer fails to secure such written authorization, then the nonresidential developer shall construct the non-age-restricted affordable unit on site.
(c)
For developments that result in a number of jobs not evenly divisible by 25, the developer may construct the additional affordable unit off site in accordance with Subsection M(4)(b)[1] above or, alternatively, the developer may make a payment in lieu of constructing an additional affordable unit. If the developer selects the latter option, the amount of said payment shall be established by subtracting any whole multiples of 25 from the total number of jobs being created, dividing any remaining number of jobs by 25 and multiplying the resulting fraction by the higher of $35,000 or such amount as shall be derived from an analysis of the subsidy required to create an affordable housing unit in Hainesport.
(d)
All nonresidential development in any nonresidential zone creating fewer than 25 jobs may provide one affordable unit off site in accordance with Subsection M(4)(b)[1] above or may make a payment in lieu of constructing an affordable housing unit. If the developer selects the latter option, the amount of said payment shall be established by dividing the number of jobs by 25 and multiplying the resulting fraction by the higher of $35,000 or such amount as shall be derived from an analysis of the subsidy required to create an affordable housing unit in Hainesport.
(5)
Mixed-use district growth share provisions.
(a)
In the Mixed-Use District, residential development shall comply with Subsection M(3), Residential growth share provisions.
(b)
Nonresidential development in the Mixed-Use District shall comply with Subsection M(4), Nonresidential growth share provisions.
(6)
General provisions for constructing affordable units.
(a)
Affordable housing units being constructed on site or off site shall meet the requirements of Hainesport's Affordable Housing Ordinance[8] and shall be in conformance with COAH's third-round rules at N.J.A.C. 5:94-1 et seq. and the Uniform Housing Affordability Controls at N.J.A.C. 5:80-26.1 et seq., including, but not limited to, requirements regarding phasing schedule, controls on affordability, low-/moderate-income split, heating source, maximum rent and/or sales prices, affordability average, bedroom distribution, and affirmative marketing.
[8]
Editor's Note: See Ch. 44, Affordable Housing.
(b)
To the greatest extent possible, affordable housing units being provided within inclusionary developments shall be disbursed throughout inclusionary developments and shall be located within buildings designed to be architecturally indistinguishable from the market-rate units otherwise being constructed within the development. To that end, the scale, massing, roof pitch and architectural detailing (such as the selection of exterior materials, doors, windows, etc.) of the buildings containing the affordable housing units shall be similar to and compatible with that of the market-rate units.
(c)
Single-family attached buildings in the form of semidetached (side-by-side) units or duplex (over and under) units, triplex and quadplex buildings shall be deemed to be permitted uses in the underlying zone when created for the purpose of meeting the growth share obligation on site and shall conform to the bulk standards set forth in the Township's R-10 Density Residential Zone.
(7)
Payment-in-lieu provisions.
(a)
Any payment in lieu amount of the higher of $35,000 or such amount as shall be derived from an analysis of the subsidy required to create an affordable housing unit in Hainesport. This analysis shall be on file in the office of the Clerk.
(b)
All payment in lieu of constructing affordable housing shall be deposited by Hainesport into an affordable housing trust fund to be established by Hainesport in conformance with regulations established by COAH and shall at all times be identifiable from development fees. These funds shall be used by Hainesport in accordance with regulations established by COAH to create new affordable housing opportunities within the physical boundaries of the Township and shall not be used to fund regional contribution(s).
[1]
Editor's Note: The Substantive Rules of the New Jersey Council on Affordable Housing for the Period Beginning on June 6, 1994, N.J.A.C. 5:93-1.1 et seq., expired 10-16-2016.
[2]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
§ 104-60 Monitoring and controlling level of affordability.
A.
All LM-income units shall require an application and issuance of a certificate of occupancy prior to being occupied or reoccupied. None of the LM-income housing units shall be permitted to be occupied unless the applications for occupancy include assurances that the purchasers and renters qualify by income for the unit they intend to occupy and that all subsequent purchasers and renters of such units shall also qualify for occupancy by income, adjusted for the date of the subsequent transaction.
B.
The period for controlling the level of affordability through sales prices and rent levels of an identified lower-income unit shall be 20 years from the date of the first certificate of occupancy for the identified unit, except that the period for controlling rehabilitated, owner-occupied single-family units shall be at least six years and units converted from nonresidential structures and rehabilitated, renter-occupied units shall be at least 10 years. The time periods set forth above during which the units then controlled are subject to the restrictions cited shall automatically be continued for extensions of five years at a time unless at least 90 days prior to the time when the time period cited shall expire, is scheduled to expire, or any extensions thereof, the governing body for the Township adopts a resolution certifying that the need for the restrictions no longer exists.
C.
No unit identified as a LM-income housing unit shall, during this twenty-year period, be occupied unless a certificate of occupancy is issued. No certificate of occupancy shall be issued unless the unit is covered by a deed or lease that contains a covenant running to the developer and the Township that specifies that:
(1)
The Township Planning Board shall be notified before each sale, or change in tenant in the case of renter-occupied units, of each identified LM-income unit.
(2)
Each subsequent purchaser or tenant of an identified LM-income unit shall certify with appropriate income data that the occupant's household income is within the then qualifying LM-income limits, as applicable, and the certification shall be submitted to the Township Planning Board.
(3)
The monthly cost of purchasing an identified LM-housing unit shall not exceed 28% of the household's gross monthly income for principal and interest, taxes, condominium fees and insurance; a single owner may not own more than the maximum number of LM housing than that which is set by the enforcing agency of this article by resolution.
(4)
The monthly cost of renting an identified LM-income housing unit shall not exceed 30% of the household's gross monthly income for rent, excluding utilities.
(5)
The maximum qualifying income of a household shall be as set forth on the most recent United States Department of Housing and Urban Development Family Income Limits.
(6)
A purchaser of an identified LM-income housing unit shall be entitled to sell the unit, provided that the sales price of the unit shall not exceed the original sales price, plus the original sales price multiplied by 75% of the percentage increase in the consumer price index between the date of purchase and the date of resale, plus reimbursement for documented outlays for reasonable improvements, plus reasonable costs incurred in selling the unit, or that identified LM-income rental units shall continue to be offered as rental units for at least 20 years; thereafter they may be sold at prices affordable to moderate-income households subject to such resale price controls as set forth above, with the period of controls on the level of affordability for a sales unit being 10 years from the date of the sale of that unit.
(7)
Failure of a developer to comply with these requirements shall be cause for denial of certificates of occupancy to market-level units in the development for which such certificates have not already been issued.
(8)
Every occupant of an identified LM-income rental unit shall, on or before April 15 of each year, file with the manager of the rental units an annual statement of income and expense of occupancy for the household for the previous year. The manager shall submit an annual report to the Township Planning Board certifying the monthly rent levels of all LM-income units and the household incomes of each such unit. The report shall indicate those units and households consistent with, and those inconsistent with, the provisions of this article. Where the household income grows to a point where it exceeds the maximum allowed, the household shall thereafter continue to pay 30% of its income for rent, excluding utilities, with that portion of the rent above the maximum permitted under this article being deposited with the Township, except that 10% of the excess rent may be retained by the owner of the unit. The funds deposited with the Township shall be placed in an account identified as the "Affordable Housing Trust Fund" for use in other programs to benefit LM-income housing objectives, including land acquisition for LM-income housing, or rehabilitation, or interest payments on loans to lower-income households, or sewer, water or other utilities, road, drainage or other improvements serving lower-income housing, or similar purposes to be determined by the agency designated to enforce the provisions of this article in order that their use directly benefits the creation of LM-income units within the Township.
§ 104-61 Maximum intensity of development and required set-asides.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
In any R-1, R-2 or R-3 District, the actual construction of LM-income units shall be required on all tracts existing as of January 1, 1986, proposed for development into five or more units. The maximum gross density shall be eight units per acre, except that when the total number of LM-income housing from all developments shall equal the Township's fair share of the regional housing obligation, the maximum gross density on any remaining undeveloped land in the R-1, R-2 or R-3 District shall revert to the per-acre density permitted under this chapter with no obligation for developing LM-income housing units. For those developments which have been approved for the construction of LM-income units, the developer, when the Township's fair share of the regional obligation has been constructed, shall have the right to convert those units proposed as LM-income units into market units, provided that the developer shall make a contribution to the Affordable Housing Trust Fund equal in amount to that sum required by this article's enforcement agency by regulation. If Hainesport Township's fair share is determined by the New Jersey Council on Affordable Housing to have increased above that provided, the restrictions of this article shall again apply until the new requirements are met.
A.
Bulk and design requirements. The total number of units permitted on a tract will be based on the permitted gross density outlined above. Within the tract, however, the net density on that portion of the tract being developed may be higher, as set forth in § 104-66 and in accordance with other site criteria as set forth in § 104-66. All LM-income housing shall be designed as an integral part of any land development in which it is to be placed and be architecturally compatible with market units so as to eliminate the vast differences in their exterior appearance from the market units to the extent possible. To the extent that those standards are not modified by the provisions contained in § 104-66 or through the application of waiver provisions set forth in § 104-63 below, the design and improvements standards set forth within this chapter shall control the development of lands pursuant to the provisions of this article.
B.
Contributions in lieu of obligations. Any developer seeking to develop lands within the Township of Hainesport who desires to develop those lands without providing LM-income housing pursuant to the provisions of this article may develop in accordance with the existing provisions of this chapter, provided that a contribution is made to the Affordable Housing Trust Fund in an amount sufficient to account for the proposed development's fair share responsibility set in accordance with the rules and regulations to be adopted by the agency designated to enforce the provisions of this article.
§ 104-62 Apartment conversions; rehabilitation units.
A.
In the R-1, R-2 and R-3 Districts, an existing detached single-family dwelling meeting the following conditions may be converted with the approval of the agency enforcing the provisions of this article and the Township Planning Board so as to contain no more than one apartment unit as an accessory use:
[Amended 4-12-1994 by Ord. No. 1994-4-3]
(1)
One unit shall be occupied by the owner of the structure.
(2)
One unit shall be occupied by at least one person age 52 or more.
(3)
One unit shall be occupied by a household qualifying as a LM-income household and the rent for that unit shall not exceed what is permitted for a LM-income household under the terms of this article.
(4)
The additional unit shall be accommodated in the original structure without an enlargement of the structure.
(5)
The additional unit shall be no more than a one-bedroom unit, the size of which shall not be less than 400 square feet nor more than 800 square feet or 30% of the floor area of the original house, whichever is smaller.
(6)
The original structure shall contain at least 1,600 square feet, excluding basement area.
(7)
The exterior appearance of the structure shall not be altered from that of a single-family dwelling.
(8)
Reasonable on-site and off-site parking meeting the needs generated by the site shall be provided.
(9)
The lot shall be at least one acre in size and have an approved adequate water supply and sewage disposal system.
B.
Rehabilitation units. Owners of property within the Township of Hainesport owning substandard units may qualify for grants to assist in the rehabilitation of those units, provided that the substandard units in question meet the standards which the agency charged with the enforcement of this article provides and the owner agrees in a legally binding fashion to make the unit available upon its rehabilitation for LM-income housing for a period of time which the agency charged with the enforcement of this article shall set by regulation, but in no event less than six years.
§ 104-63 Waivers for lower-income housing.
The agency which enforces the provisions of this article, when acting on an application which includes the construction of LM-income housing, may waive portions of the design standards set forth in § 104-66, provided that the developer proves to the satisfaction of the approving authority that any waivers, if granted, shall not create health and safety concerns for either the Township or the future residents of the development, and provided further that the developer shall satisfy the approving authority that any such waiver(s) shall reduce construction costs and that the savings therefrom are being passed on to buyers and renters of the LM-income housing in the form of reduced housing costs. If reduced housing costs do not result, the standard provisions of this article shall apply.
§ 104-64 Administration.
The Planning Board for the Township of Hainesport, or a commission designated by it, shall administer and enforce the provisions of this article and in this connection shall have the authority to adopt rules and regulations, not inconsistent with the provisions of this article, to further its provisions. Without limiting the general authority conferred, these rules and regulations may cover:
A.
Restriction on the number of LM-income units that may be owned by one individual.
B.
Provisions on the process under which recipients of the LM-income units are selected.
C.
Establishment of a fund based on fees received from developers whose twenty-percent obligation results in a fractional unit requirement to establish a rehabilitation program for substandard housing units within the community.
D.
Establishment of fees, amounts of contributions and other funds deemed needed to enforce the provisions of this article.
E.
Requirements covering rehabilitation of substandard units in the Township and restrictions geared to preserve them for LM-income families.
F.
Requirements to implement the rules, regulations and requirements of the New Jersey Council on Affordable Housing.
§ 104-65 (Reserved) [1]
[1]
Editor's Note: Former § 104-65, Development fees, added 11-10-1992 by Ord. No. 1992-1-4, as amended, was moved to Ch. 44, Affordable Housing, and amended by 3-13-2018 by Ord. No. 2018-2. See now § 44-33, Affordable housing development fees.
§ 104-65.1 Down payment assistance program.
[Added 9-11-2012 by Ord. No. 2012-8-9]
A.
There is established a down payment assistance program, funded by developer fees, payable only from the Township's Housing Trust Fund and administered through the Township of Hainesport affordable housing program, for purchasers who seek to purchase low- or moderate-income units as part of said program. The low- or moderate-income units that are being purchased under this program must be in full compliance with all Uniform Housing Affordability Controls (UHAC) regulations and the rules adopted by the New Jersey Council on Affordable Housing (COAH). Prospective homeowners will not receive direct funds. The assistance dollars will be supplied to the appropriate entity/entities. The down payment assistance program is initially funded with $92,000 from the Township's Affordable Housing Trust Fund, which amount may be modified by resolution of the Township Committee. A Hainesport Township down payment assistance grant is not available to those individuals or households that have been awarded down payment and/or closing cost assistance grants and/or loans from any other governmental sources, including, but not limited to, Burlington County's First-Time Homebuyer Program.
B.
Purchasers seeking a down payment assistance grant through this program must make application to the Hainesport Township Affordable Housing Liaison ("Housing Liaison"). The down payment assistance shall be a grant, as necessary to allow the applicant to qualify for a mortgage, up to a maximum amount of $15,000 per applicant. The availability of funding is contingent upon the sufficiency of funds allocated to this program by the Township and funds in the Township's Housing Trust Fund. Approval of a grant shall be as documented in a resolution adopted by the Township Committee of the Township of Hainesport in a form substantially similar to Appendix A hereto.[1]Funding of the grant program shall automatically cease should prior grants that have been made reach the amount reserved to fund the program in the Township's COAH-approved trust account spending plan. A copy of the grant application is attached as Appendix B[2] and can be obtained by applicants from the Housing Liaison or may be downloaded from the Hainesport Township website. The Housing Liaison maintains an office in the Hainesport Township Municipal Building, 1401 Marne Highway, Hainesport, NJ 08036 (609-267-2730), and may be reached during regular business hours.
[1]
Editor's Note: Appendix A is on file in the Township offices.
[2]
Editor's Note: Appendix B is on file in the Township offices.
C.
The contents and terms, conditions and obligations of all appendix exhibits are incorporated by reference herein as if set forth herein at length.
D.
Qualification and eligibility for this program.
(1)
Individuals/households must make an application with the Housing Liaison and be pre-certified, meaning that the applicant demonstrates to the reasonable satisfaction of the Housing Liaison that there is a very high likelihood that with the receipt of the grant provided herein, the applicant will be able to pay all of the required expenses related to owning his/her affordable home.
(2)
Qualified individuals/households must have incomes not exceeding low- or moderate-income guidelines as applicable for Burlington County per the New Jersey Fair Housing Act,[3] as periodically published and updated by the New Jersey Department of Community Affairs.
[3]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
(3)
The home that is being purchased must be an affordable unit that is being marketed for sale by the Township's administrative agent. Applicants must contact the administrative agent to ascertain the location and cost of all affordable units that are currently on the market. Applicants may do so prior to securing written confirmation from the Township that a down payment assistance grant will be made available to them.
(4)
The home/unit to be purchased must meet HUD housing quality standards as documented in a HUD-compliant home inspection report.
(5)
Applicants must be deemed creditworthy by the Housing Liaison, and the amount of the principal of the first purchase money mortgage must not exceed three times the applicant's gross annual income. By submitting a grant application, applicants automatically consent to allowing the Housing Liaison to run a credit report and to secure employment verification. Applicants are responsible for paying for the credit report.
(6)
All grant recipients must occupy the property as their principal residence and own no other real estate.
(7)
All grant recipients must attend a prepurchase homebuyer education class administered by a HUD-certified housing counseling agency prior to closing on an affordable housing unit. The Housing Liaison will supply applicants with a list of HUD-certified counseling agencies in the area, and applicants may select the counseling agency that they wish to use. A certificate of completion from the HUD-certified housing counseling agency must be presented to the Housing Liaison before funds will be provided for down payment assistance. The cost of this counseling will be deducted from the down payment assistance grant amount.
(8)
If the Township Committee determines that an applicant qualifies for the grant of up to $15,000, the Township Committee will adopt a resolution, in the form of Appendix A, which will be supplied by the Housing Liaison to the administrative agent as evidence that the deposit is available.
(9)
If a grant is awarded, the funds will be made available by the Township at closing to the appropriate title company and/or attorney trust account.
(10)
The Township's affordable housing administrative agent handles and administers the sale and purchase of affordable housing units in Hainesport. The grant award will expire if the applicant does not execute an agreement to purchase an affordable unit within six months of the date of the resolution confirming the grant award and will expire immediately if the administrative agent determines that the applicant fails to qualify to purchase the affordable unit under applicable governmental regulations or due to inability to secure first purchase money mortgage financing.
(11)
Individuals and/or households purchasing affordable homes shall only be permitted to receive one down payment assistance grant. A down payment assistance grant through the Hainesport program is not available to individuals and/or households that have been awarded down payment and/or closing cost assistance grants/loans from any other governmental sources, including, but not limited to, Burlington County's First-Time Homebuyer Program.
§ 104-66 Design standards.
A.
Zoning standards.
(1)
Frontage.
(a)
Detached single-family: 70 feet.
(b)
Townhouse:
[1]
Midblock: 16 feet.
[2]
End unit: 26 feet.
[3]
Corner unit: 31 feet.
(c)
Duplex:
[1]
Midblock: 35 feet.
[2]
Corner lot: 40 feet.
(d)
Manufactured housing: HUD minimum property standards.
(2)
Front yard setback.
(a)
Detached single-family: 35 feet.
(b)
Townhouse: 20 feet.
(c)
Duplex: 35 feet.
(d)
Manufactured housing: HUD minimum property standards.
(e)
Apartment building: 25 feet.
(3)
Side yard setback.
(a)
Detached single-family: 10 feet.
(b)
Townhouses:
[1]
End unit (with access easement): 10 feet.
[2]
Corner lot: 15 feet.
(c)
Duplex:
[1]
Midblock: 10 feet.
[2]
Corner lot: 15 feet.
(d)
Manufactured housing: HUD minimum property standards.
(e)
Apartments:
[1]
Building to building: twenty-five feet.
[2]
Building to side lot line: 10 feet.
[3]
Building to driveway or street: 15 feet.
(4)
Rear yard.
(a)
Detached single-family: 20 feet.
(b)
Townhouse: 20 feet.
(c)
Duplex: 20 feet.
(d)
Apartments:
[1]
Rear building to rear building: 50 feet.
[2]
Rear building to end building: 40 feet.
[3]
Rear building to rear lot: 25 feet.
(e)
Manufactured housing: HUD minimum property standards.
(5)
Height, all units: 40 feet.
(6)
Lot area.
(a)
Detached single-family: 6,500 square feet.
(b)
Townhouse: 1,600 square feet.
(c)
Duplex: 3,500 square feet.
(d)
Manufactured housing: 4,000 square feet.
(7)
Density.
(a)
Gross, units per acre: eight.
(b)
Net, units per acre:
[1]
Detached single-family: five.
[2]
Townhouses: eight.
[Amended 11-24-1998 by Ord. No. 1998-20-10]
[3]
Duplexes: six.
[Amended 11-24-1998 by Ord. No. 1998-20-10]
[4]
Manufactured housing: six.
[5]
Apartments/condominiums: 10.
[Amended 11-24-1998 by Ord. No. 1998-20-10]
B.
Improvement standards.
(1)
Streets.
Standard | Arterial/ Industrial | Collector No Frontage/ Frontage | Minor |
|---|---|---|---|
Right-of way width | 60 feet | 50 feet/56 feet | 50 feet |
Cartway width | 40 feet | 34 feet/40 feet | 36 feet |
FABC | 2 inches | 2 inches | 2 inches |
Stabilized base | 6 inches | 6 inches | 5 inches |
Quarry blend stone (CBR 20) | 6 inches | 6 inches | 6 inches |
Parking | No | No/Yes | Both sides |
Minimum pavement slope | 0.75% | 0.75% | 0.75% |
Maximum pavement slope | 4.0% | 4.0% | 10.0% |
Sidewalk | * | Yes | Yes |
Underdrains | As required for high water table | ||
* NOTE: None required on industrial streets. At the Board's discretion on arterial streets. | |||
(2)
Parking lots.
(a)
Aisle width:
[1]
Twenty-four feet for ninety-degree parking.
[2]
Eighteen feet for sixty-degree parking (one-way).
[3]
Fifteen feet for forty-five-degree parking (one-way).
[4]
Twelve feet for parallel parking.
(b)
Stall size:
[1]
Ten feet by 20 feet for nose-in parking.
[2]
Ten feet by 18 feet where overhang is available.
[3]
Ten feet by 15 feet for compact parking, 40% maximum.
[4]
Eight feet by 22 feet for parallel parking
(c)
Pavement design: two inches FABC over six inches quarry blend stone.
(3)
Cul-de-sac.
(a)
Maximum length: 600 feet.
(b)
Turnaround diameter:
[1]
Right-of-way: 110 feet.
[2]
Cartway: 92 feet.
(4)
Curbing. There shall be concrete vertical curb measuring six inches by eight inches by 18 inches along all streets and at entrances to all parking lots. Concrete will be New Jersey Department of Transportation (NJDOT) Class B. For roadway slopes less than 0.75%, monolithic curb and gutter must be used. Concrete wheel stops may be used in parking lots.
(5)
Parking capacity.
(a)
Detached single-family: three (two driveway and one garage).
(b)
Townhouses: two on lot, plus 0.25 overflow, plus 0.25 phantom.
(c)
Duplex: three (two driveway and one garage).
(d)
Manufactured housing: two on lot, plus 0.25 overflow, plus 0.25 phantom.
(6)
Storm drainage.
(a)
Inlet design:
[1]
Inlet in sloping roadway: five-year storm design.
[2]
Inlet at low point with relief of flooding available at no greater than six inches: ten-year storm design.
[3]
Inlet at low point without relief at six inches: twenty-five-year storm.
(b)
Piping: reinforced concrete pipe Class III when cover is two feet or greater; Class IV when cover is between one foot and two feet; minimum pipe size 18 inches.
(c)
Detention basin design. All basins should be designed with a positive outflow and shall be capable of detaining runoff from a developed site which exceeds the predeveloped conditions. The applicant shall be required to verify that runoff is contained during two-year, ten-year and fifty-year storm events. An emergency spillway shall be provided in addition to the positive outfall piping with the spillway invert set at the 100-year storm elevation. That spillway shall be adequately stabilized with either sod, riprap or concrete.
(7)
Landscaping which will provide the following minimums:
(a)
Single-family areas: one shade tree for every 30 feet of roadway length on each side of the street. Trees shall be set back from the sidewalk a minimum of six feet. Trees with shallow root systems shall be avoided.
(b)
Multifamily areas: approximately one tree per unit, plus foundation shrubbery.
(c)
Seed mix for lawns shall be based upon soil tests of existing or borrowed topsoil.
(d)
Buffer plantings shall be required in all buffer areas separating residential from commercial or industrial uses or residential from arterial roadways. Buffers shall consist of a double wall of evergreen trees of a type approved by the reviewing board and planted on ten-foot centers within each individual row. The minimum height of trees after shearing shall be five feet to six feet.
(8)
Streetlighting. All streetlighting shall be provided with underground wiring. Luminaires shall have a twenty-five-foot mounting height. Light standards shall be staggered from one side of the street to the other and shall be located at a spacing no greater than 300 feet when measured along the center line of the road. In addition, light standards shall be required at all intersections. Midblock luminaires shall be 50 watts, high-pressure sodium, and at intersections, 100 watts, high-pressure sodium, except on arterial streets. For arterial streets, luminaires shall be 100 watts, high-pressure sodium at midblock and 250 watts, high-pressure sodium at intersections.
(9)
Utilities. All utilities, including communications and cable television wiring, shall be underground.
(10)
Recreation.
(a)
Twenty-five percent open space or a contribution to the Affordable Housing Trust Fund in an amount to be established by rules and regulations of the agency charged with the enforcement of this article, to be paid where it is determined that the provision of open space, due to the number of units contemplated, is impracticable or inappropriate, shall be required for all developments. This open space may be included in calculations for gross density, but not in calculations for net density.
(b)
Active requirements: per § 104-97B(2) of this chapter.
C.
Guaranties and fees.
(1)
Performance bonds shall be required for all developments and shall be based on an improvement bond estimate calculated by the reviewing board's engineer. The improvement bond shall be calculated at the rate of 120% of the estimated value of construction. When a significant portion of the improvements have been completed, the applicant may request reduction of the bond. Based on the engineer's recommendation, the reviewing board may recommend reduction of the bond to the Township Committee. Bond reductions will be limited to a maximum of 85% of any individual item found on the bond estimate. Bonds may be released by the Township Committee based on recommendations of the reviewing board which shall have received a report from the reviewing board's engineer certifying satisfactory completion of all items. Bonds will only be released after the applicant has satisfied the following three requirements:
(a)
A two-year fifteen-percent maintenance bond has been posted.
(b)
All escrowed billings have been paid to date.
(c)
All outstanding taxes have been paid.
(2)
Inspection escrows must be posted at the time of bonding and shall be calculated at 6% of the bond cost. If the escrow fee shall exceed $5,000, the Township shall deposit those escrow moneys in an interest-bearing account, the location to be made known to the applicant. If the interest amount for one year shall exceed $100 that interest shall be applied to the escrow account or returned to the applicant (at his or her option), less 33% retained by the Township for administrative costs.
