Howell Township City Zoning Code
ARTICLE XX
Affordable Housing
§ 188-176 Purpose.
A.
The Township of Howell has been in the process of having its Final Housing Element and Fair Share Plan approved by the New Jersey Council on Affordable Housing (COAH) in accordance with the requirements of Southern Burlington County NAACP vs. Twp. of Mount Laurel, 92 NJ 158 (1983) and the Fair Housing Act of New Jersey.
B.
Certain affected property owners and/or developers have intervened in these proceedings as party objectors or otherwise participating parties; and the Township of Howell and these various party objectors and otherwise participating parties have reached agreement concerning the Final Housing Element and Fair Share Plan and development of the lands in question, and have entered into formal binding stipulations of settlement and agreements implementing their agreement, which stipulations and agreements are on file in the office of the Township Clerk and are incorporated herein by reference, and supersede any provision of this article to the contrary.
C.
In implementing the various stipulations and agreements aforesaid, it is necessary to amend and supplement the provisions of this Chapter 188 to provide, among other things, for new, modified or supplemental zoning requirements, to provide for certain affordability controls and resale/rerental controls and similar matters required under regulations of the New Jersey Council on Affordable Housing to assure the development and continuation of low- and moderate-income housing at the sites designated for such purposes, to provide for regulations concerned with accessory apartments and to provide a mechanism for the receipt and use of case contributions by developers to further the development of low- and moderate-income housing in the Township of Howell.
D.
Therefore, the Township Council of the Township of Howell does establish the foregoing as the purpose and basis for the adoption of this article.
§ 188-177 Site and zoning designation; modifications; exceptions.
[Amended 10-20-2003 by Ord. No. O-03-37]
The following site and zoning designations are hereby made, subject to the zoning requirements, as modified herein, for the purposes of this article:
D.
Site 5.
(1)
Site 5 is a fourteen-acre tract designated as Block 138, Lot 42, on the Howell Township Tax Map. The Zoning Map of the Township of Howell, as amended, is hereby further amended to provide that Site 5 (Block 138, Lot 42 of the Howell Township Tax Map) is designated as a portion of the R-4 Garden Apartments Zone.
(2)
The requirements of the R-4 Garden Apartments Zone, including bulk requirements, are hereby specifically modified as follows. The following modifications shall supersede any inconsistent provision in ordinance concerning the R-4 Garden Apartments Zone, and shall nullify, to the degree necessary, any existing provision of said zoning requirements that would prevent the implementation of any of the following specific modifications. The following modifications are further subject to all terms and conditions of any stipulation resolving objections and developer's agreement on file in the office of the Township Clerk. The modifications are as follows:
(a)
Maximum density: 180 housing units with all units for low- and moderate-income housing under the regulations of the New Jersey Council on Affordable Housing. A maximum of 16 units per structure shall be permitted.
(b)
Maximum building height: 30 feet measured from the ground to the eave of the roof of each housing unit.
(c)
Parking requirements: Maximum 1 1/2 parking spaces per housing unit.
(3)
Special Mount Laurel requirements: as set forth in § 188-178 hereof, and subject to the terms and conditions of stipulations and developer's agreements on file in the office of the Township Clerk, regulations of the New Jersey Council on Affordable Housing, as amended, and any modification and/or approval received by the Township of Howell from the New Jersey Council on Affordable Housing.
K.
Site 11.
(1)
Site 11 is a tract of 7.7 acres located at the southwest corner of the intersection of New Jersey Highway No. 9 and Strickland Road and is designated as Block 139, Lot 11.02, on the Howell Township Tax Map.
(2)
The Zoning Map, Howell Township, as amended, is further amended to provide that Site 11 (Block 139, Lot 11.02) is designated as a portion of the Moderate- and Low-Income Housing Zone (ML7).
(3)
Special Mount Laurel requirements: as set forth in § Section 14-47 hereof, and subject to regulations of the New Jersey Council on Affordable Housing, as amended, and any modifications and/or approval received by the Township of Howell from the New Jersey Council on Affordable Housing.
(4)
The requirements of the ML7 Zone, including bulk requirements, are specifically modified below. The following modifications shall supersede any inconsistent provision in this chapter concerning the ML7 Zone and shall nullify, to the degree necessary, any existing provisions of said zoning requirements that would prevent the implementation of any of the specific modifications. The following modifications are further subject to the Council on Affordable Housing granting the petition of the Township to amend its Housing Element and Fair Share Plan. The modifications are as follows:
(b)
(c)
Required accessory uses: Off-street parking at a rate 6/10 of a parking space per dwelling unit.
(d)
Area, yard and building requirements.
L.
Friendship Gardens (Block 78.10, Lot 25.03).
[Added 11-15-2004 by Ord. No. O-04-63]
(1)
This senior rental development was part of the Township's 1989 first round certified Housing Element and Fair Share Plan and is eligible to receive from COAH 99 age-restricted credits plus 12 age-restricted rental bonuses.
(2)
The Zoning Map of the Township of Howell, as amended, is hereby further amended to provide that Friendship Gardens (Block 78.10, Lot 25.03) is designated as a portion of the HD-1 Zone District.
§ 188-178 Special Mount Laurel requirements.
[Amended 3-7-2016 by Ord. No. O-16-04]
The following requirements shall govern the construction of any low- and moderate-income housing under regulations of the New Jersey Council on Affordable Housing, including, but not limited to, N.J.A.C. 5:92-12, 5:92-14 and 5:92-15 and any further requirements provided by way of court order as a result of litigation bearing docket number MON-2525-15, at any site or portion of site set forth in § 188-177 hereof, subject to the terms and conditions of any stipulation and developer's agreement on file in the office of the Township Clerk. To the degree not inconsistent with regulations of the New Jersey Council on Affordable Housing, as amended, and any stipulation and developer's agreement on file in the office of the Township Clerk, the requirements for off-street parking, floor area, open space, recreation areas, road widths and rights-of-way requirements provided in this chapter shall govern the development of sites set forth in § 177-176 hereof.
A.
Resale and rental of lower-income housing.
(1)
All lower-income dwelling units shall be required to have covenants and deed restrictions running with the land to control the resale price or sublease of for sale of low- and moderate-income units or to employ other legal mechanisms which shall be approved by the Township Attorney and will, in his opinion, ensure that such housing will remain affordable to persons of lower income for at least 20 years.
(2)
The owner of all rental units shall provide legal documentation, to be approved by the Township Attorney, to assure that rental units will remain affordable to persons of lower income for at least 20 years.
(3)
Administrative mechanism. The Township shall contract with the New Jersey Housing and Mortgage Finance Agency so that the latter shall be responsible for assuring that low- and moderate-income housing units remain affordable to low- and moderate-income households.
(4)
Initial pricing. Maximum housing cost (for sale or rent) shall be calculated as a percentage of the uncapped HUD Section 8 income limit for Monmouth County, and as set forth in rules and regulations of New Jersey Council on Affordable Housing [N.J.A.C. 5:92-12.4(a)] hereinafter.
(5)
The price of an owner-occupied housing unit and the rents of affordable housing units may increase annually based on the percentage increase in median income for Monmouth County as determined from the uncapped Section 8 income limits, published by HUD, or other recognized standard adopted by the New Jersey Council on Affordable Housing that applies to the rental housing unit.
(6)
The developer shall submit a resale-rerental plan for the affordable units to the Township Council and the Township Attorney, and such plan shall be approved by the Township Council and Township Attorney prior to the issuance of any building permits.
B.
Phasing of affordable units. Within inclusionary developments, low- and moderate-income housing units shall be built in accordance with the following schedule:
Minimum Percentage of Low- and Moderate-Income Units Completed | Percentage of Market Housing Units Completed |
|---|---|
0 | 25 |
10 | 25+1 unit |
50 | 50 |
75 | 75 |
100 | 90 |
C.
Bedroom mix.
(1)
Requirements.
(a)
The following bedroom mix, unless waived or modified by the New Jersey Council on Affordable Housing, shall apply to the total number of affordable units in each project:
(b)
In the event the rules of the Council on Affordable Housing shall provide for a bedroom mix different than the foregoing, the requirements of the Council shall control, and the foregoing shall be deemed modified to comply therewith.
(2)
There shall be two spaces per unit except where common parking is provided in which case there shall be spaces according to the following schedule:
D.
Open space and recreational area requirement. Not less than the 30% of the project area shall be devoted to open space as defined in this chapter and not less than 10% shall be designated for active recreation space such as swimming pool; clubhouse; court sports; softball, baseball or field sports areas; tot-lots; picnic areas; and exercise areas. Parking areas for recreational areas shall be provided based upon the size of the facilities provided.
E.
Governmental subsidies. Howell Township shall take such steps as are necessary to assist the developer in obtaining state and/or federal subsidies for low- and moderate-income housing when such subsidies are sought by the applicant as a means to provide such housing.
F.
Required storage area or garage. Each housing unit shall provide individual and secured storage facilities containing not less than 200 cubic feet. A private garage containing less than 180 square feet may be substituted for the storage area requirement and would count as 1/2 parking space.
G.
Marketing and administration.
[Amended 11-15-2004 by Ord. No. O-04-63]
(1)
Affirmative marketing plan.
(a)
Howell Township, Monmouth County, has 12 cumulative fair-share obligations (1987-1999) of 1,109 units, of which 955 provide new affordable housing opportunities. This chapter will apply to all developments that contain low- and moderate-income units that are listed below and any future developments that may occur:
Description |
RSL Investments/Countryside Place |
Strickland Road age-restricted rental units |
Friendship Gardens age-restricted rental units |
(b)
The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age or number of children, to housing units which are being marketed by a developer/sponsor, municipality and/or designated administrative agency of affordable housing. The plan will address the requirements of N.J.A.C. 5:93-11. In addition, the plan prohibits discrimination in the sale, rental, financing or other services related to housing on the basis of race, color, sex, religion, handicap, age, familial status/size or national origin. Howell Township is in the housing region consisting of Monmouth, Ocean and Mercer Counties. The affirmative marketing program is a continuing program and will meet the following requirements:
[1]
All newspaper articles, announcements and requests for applications for low- and moderate-income units will appear in the Asbury Park Press and The Star Ledger.
[2]
The primary marketing will take the form of at least one press release sent to the above newspaper and a paid display advertisement in said newspaper. Additional advertising and publicity will be on an "as needed" basis.
[3]
The advertisement will include: the street address; direction to housing units; number of bedrooms per unit; range of selling prices/rents; size of units; household income limits and location of applications, including business hours and where/how applications may be obtained.
[4]
All newspaper articles, announcements and requests for applications for low- and moderate-income housing will appear in the following neighborhood-oriented weekly newspapers within the region.
Tri-Town News |
The Howell Times |
The News Transcript |
[5]
The following regional radio will be used:
Radio Station WOBM - AM and FM |
Radio Station WJLK - FM |
Radio Station WADB - AM |
[6]
The following is the location of applications, brochure(s), and/or poster(s) used as part of the affirmative marketing program, including specific employment centers within the region:
Howell Township Municipal Building Preventorium Road |
Howell Township Municipal Building Old Tavern Road |
Developer's sales/rental office on site |
Howell Township Senior Center Preventorium Road |
Howell Township Division of Youth and Family Services Howell Human Services building on Adelphia Road |
[7]
The following is a list of community contact person(s) and/or organization(s) in Monmouth, Ocean and Mercer Counties that will aid in the affirmative marketing program with particular emphasis on contacts that will reach out to groups that are least likely to apply for housing within the region: County Board of Social Services.
[8]
Applications will be mailed to prospective applicants upon request.
[9]
Additionally, applications will be sent to the chief administrative employees of each of the following agencies in the counties of Monmouth, Ocean and Mercer:
(2)
Administration of affordable housing program.
(a)
For purposes of this subsection the term "Housing Officer" is defined as the employee, consultant, authority or government or other agency charged with the responsibility of administering the affordable housing program of the Township of Howell.
(b)
Howell Township is ultimately responsible for administering the affordable housing program. Howell Township has delegated this responsibility to the Housing Officer. The Housing Officer will income qualify low- and moderate-income households; place income-eligible households in low- and moderate-income units upon initial occupancy; provide for the initial occupancy of low- and moderate-income units with income-qualified households; continue to qualify households for reoccupancy of units as they become vacant during the period of affordability controls; assist with advertising and outreach to low- and moderate-income households if in contract; and enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:93-9.
(c)
The Housing Officer will provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, responsibilities of home ownership, rental lease requirements and landlord/tenant law.
(d)
The types of activities to be undertaken by the Housing Officer after the completion of initial occupancy of sales and rental units in order to fill vacancies resulting from normal turnover shall include:
[1]
Insuring a sufficient supply of income-eligible applicants by continuing to implement the marketing plan throughout the housing region, as outlined herein. At a minimum, the Township shall maintain a current pool of at least five income-eligible applicants for each low- and moderate-income unit.
[2]
Contacting each income-eligible applicant annually to request updated information regarding income and family size.
(e)
As units become available, the Housing Officer shall select eligible applicants for the units, as described in N.J.A.C. 5:93-11.4(b) through (d), until the units are occupied by low- and moderate-income households.
(f)
Howell Township, by and through its Housing Officer, will comply with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 12.1.
(g)
Households who live or work in the COAH-established housing region may be given preference for sales and rental units constructed within that housing region. Applicants living outside the housing region will have an equal opportunity for units after regional applicants have been initially serviced. Howell Township intends to comply with N.J.A.C. 5:93-11.7.
(h)
Developers of low- and moderate-income housing units may assist in the marketing of the affordable units in their respective developments if so designated by Howell Township.
(i)
The marketing program will commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program will continue until all low- and moderate-income housing units are initially occupied and for as long as affordable units are deed restricted and occupancy or reoccupancy of units continued to be necessary.
H.
Accessory apartment requirements.
(1)
Purpose. This section provides conditions and controls for the development of accessory apartments in single-family homes, and specifically by the terms of this section, such use is to be permitted in all single-family dwelling units served by water and sewer facilities within any residential zoning district in the Township of Howell, wherein the Township Planning Board is hereby authorized to issue a special use permit. The purpose of this section is:
(a)
To provide for the legal and orderly development of accessory apartments;
(b)
To provide homeowners with the means of obtaining needed rental income, companionship, security and services, thereby enabling them to remain more comfortable in their homes and neighborhoods;
(c)
To meet the housing needs to persons with low- and moderate-income; and
(d)
To protect the stability, property values and single-family character of neighborhoods and to continue to protect the health, welfare and safety of the general public.
(2) ACCESSORY APARTMENT
Definitions. As used in this section, the following terms shall have the meanings indicated:
A self-contained residential dwelling unit, containing its own kitchen, sanitary facilities and private entrance, which is created within an existing single-family home, or through the conversion of an existing accessory building on the same site, or by addition to an existing single-family home or accessory building.
(3)
Conditions and requirements. The following conditions and requirements shall govern the establishment of accessory apartments under this section:
(a)
Adequate off-street parking must be provided for both the principal and accessory uses on the subject property as determined under § 188-106 hereof. Adequate turnaround areas shall be provided to prevent vehicles from having to back into any roadway.
(b)
Where there is combined primary and accessory apartment use, the primary unit shall be occupied by the owner of the lot on which the dwelling or dwellings, as primary or accessory use, are located.
(c)
Exterior appearance. The principal dwelling and accessory apartment must, to the degree reasonably feasible, retain the appearance of a single-family residence. No additional entrances shall be permitted on the front of the principal dwelling. Dual access on a hallway to the outside is permitted. No unit shall be located above the second floor.
(d)
Size requirements. The net floor area of the accessory apartment shall be at least 400 square feet. The sizes of bedrooms in the apartment shall comply with the standards of the New Jersey State Housing Code.
[1]
The net floor area of the accessory apartment shall not exceed the following percentage of the area of the single-family house or the following fixed amount, as the case may be:
If the area of the house is: | The net floor area of the apartment shall not exceed: |
|---|---|
Less than 3,000 square feet | 40% or 1,000 square feet, whichever is less |
3,000 or more but less than 5,000 square feet | 30% or 1,200 square feet, whichever is less |
5,000 square feet or more | 20% or 1,500 square feet, whichever is less |
[2]
For the purposes of this subsection, the area of the single-family house shall be the total area of all of the stories of the house, measured from the outside faces of the exterior walls, including the areas of enclosures and additions to the house that are proposed to be made for the purpose of an accessory apartment. It shall also include the area of basements. The area of the single-family house shall not include roofed but unenclosed areas, such as porches and carports. Also for the purposes of this subsection, the net floor area of the accessory apartment shall not include any hall providing the unit with access to the outdoors. The accessory apartment is limited to a maximum of two bedrooms.
[3]
The accessory apartment must be available to low- or moderate-income tenants for a period of at least 10 years.
[4]
The accessory apartment must conform with all applicable standards of health, building, zoning and other codes and regulations.
[5]
Accessory apartments shall not be permitted on lots of less than 20,000 square feet in size. The use shall be considered for zoning purposes an existing family use.
[7]
The following are hereby established as the regulations governing the controls on affordability and occupancy:
[a]
As a condition of any resolution granting a conditional use permit for an accessory apartment, the Planning Board shall require the recording of a deed in the County Clerk's office, to appear in the chain of title, which shall set forth deed restrictions restricting occupancy to low- or moderate-income households and in conformity with the regulations below. The deed restriction shall be effective for a minimum of 10 years.
[b]
Rents, excluding utilities, may not exceed 30% of the gross monthly income of the appropriate household size. Median income household size shall be established by the most recently published income limits promulgated by the New Jersey Council on Affordable Housing. The following criteria shall apply in determining rental amounts:
[c]
The owner of an accessory apartment may submit the name of a proposed tenant to the agency administering § 188-178 hereof. In the event that the proposed tenant is certified eligible, the owner may enter into a leasing agreement for rental which is consistent with the restrictions set forth above. In the event that the owner does not have a proposed tenant, or the proposed tenant is not certified eligible, the agency shall advise the owner of the names and addresses of eligible tenants, appropriate in size for the unit, from the agencies waiting list. No owner shall rent an accessory apartment to anyone who has not been certified eligible by the agency.
[d]
Commencing one year after the initial renting of the unit, the unit owner shall certify to the agency administering § 188-178 hereof, name(s) and address(es) of each tenant who has occupied the unit during the past 12 months, the beginning and ending dates of their tenancy and that the tenant(s) were certified eligible by the agency at the time of their initial occupancy of the unit.
[e]
The agency administering § 188-178 hereof shall administer the accessory apartments so that not more than 50% of the number set forth above shall be rented to moderate-income households, and not less than 50% of the number set forth above shall be rented to low-income households. This requirement shall be administered on a first-come-first-served basis.
[8]
The construction and modification of any accessory apartment shall be in accordance with the requirements of the Uniform Construction Code of New Jersey, including the requirement to obtain a building permit and certificate of occupancy.
I.
Range of affordability for purchased housing.
(1)
Developers shall offer average pricing for affordable units which will, as best as practicable, result in units being affordable to households at 57.5% of median income. To achieve this goal, the following distribution of prices shall be adhered to, to the extent practicable, for each 20 affordable units:
Proposed Pricing Stratification | |
|---|---|
Low | 1 at 40% through 42.5% of median income |
3 at 42.6% through 47.5% of median income | |
6 at 47.6% through 50% of median income | |
Moderate | 1 at 50.1% through 57.5% of median income |
1 at 57.6% through 64.5% of median income | |
1 at 64.6% through 68.5% of median income | |
1 at 68.6% through 72.5% of median income | |
2 at 72.6% through 77.5% of median income | |
4 at 77.6% through 80% of median income |
(2)
For initial occupancy, priority shall be given to households which fall within the median income categories set forth above.
J.
Special provisions relating to group homes on Block 26, Lot 7.03; and Block 84.08, Lot 74.01, the Strickland Road Senior Project (Block 139, Lot 11.02 - Site 11), and Friendship Gardens (Block 78.10, Lot 25.03). Subchapter 9, entitled "Controls on Affordability," of Chapter 93, entitled "Substantive Rules of the New Jersey Council on Affordable Housing for the Period Beginning June 6, 1994,"[1] are hereby incorporated herein and made a part hereof as though fully set forth herein at length with respect to the two group homes located on Block 26, Lot 7.03 and Block 84.08, Lot 74.01, respectively, and the Strickland Road Senior Project located on Block 139, Lot 11.02 (Site 11). This subsection shall supersede § 188-178 of this chapter with respect to those projects identified herein.
[Added 11-15-2004 by Ord. No. O-04-63]
[1]
Editor's Note: See N.J.A.C. 5:93 et seq.
K.
Occupancy Preference. In accordance with N.J.S.A. 52:27D-311(j), the Township and developer or residential development owner may enter into an agreement to provide a preference for affordable housing to low- to moderate-income veterans who served in time of war or other emergency, as defined in Section 1 of P.L.1963, c. 171 (N.J.S.A. 54:4-8.10), of up to 50% of the affordable units in that particular project. This preference shall be established in the applicant selection process for available affordable units so that applicants who are veterans who served in time of war or other emergency, as referenced in this subsection, and who apply within 90 days of the initial marketing period shall receive preference for the rental of the agreed-upon percentage of affordable units. After the first 90 days of the initial one-hundred-twenty-day marketing period, if any of those units subject to the preference remain available, then applicants from the general public shall be considered for occupancy. Following the initial one-hundred-twenty-day marketing period, previously qualified applicants and future qualified applicants who are veterans who served in time of war or other emergency, as referenced in this subsection, shall be placed on a special waiting list as well as the general waiting list. The veterans on the special waiting list shall be given preference for affordable units as the units become available, and whenever the percentage of preference-occupied units falls below the agreed upon percentage. Any agreement to provide affordable housing preferences for veterans pursuant to this subsection shall not affect a municipality's ability to receive credit for the unit from the council, or its successor.
[Added 3-7-2016 by Ord. No. O-16-04]