Mantua Township City Zoning Code
ARTICLE VIII
Exceptions, Modifications and Development Alternatives
§ 230-65 Conditional uses.
A.
Standards for approval. Before a construction permit or certificate of occupancy shall be issued for any conditional use as permitted by this chapter, application shall be made to the Planning Board. The review by the Planning Board of a conditional use shall include any required site plan review pursuant to this chapter. Public notice and a hearing shall be required as stipulated by this chapter. In deciding applications for conditional use, the Planning Board shall consider the following standards in addition to those which may be enumerated in the applicable sections of this chapter:
(1)
The use should be suitable for the property intended by virtue of topography, impact on the natural environment and compatibility with surrounding land uses.
(2)
The surrounding neighborhood should not be adversely affected by unreasonable impacts generated by the proposed conditional use. In particular, the Board should consider the following impacts:
(a)
Traffic generated by the proposed use should:
[1]
Not cause a local residential street to reach a level of service of C or worse, if it is not already at level of service C or worse, as defined by the generally accepted methods of the Transportation Research Board.
[2]
Not cause any other street to reach a level of service of D or worse, if it is not already at level of service D or worse, as defined by the generally accepted methods of the Transportation Research Board.
[3]
Not create a hazardous traffic condition as determined by a professional transportation engineer or planner.
(b)
Environmental impact.
[1]
All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety devices against the hazards of fire and explosion, and adequate fire-suppression equipment shall be installed and maintained in an operable condition in accordance with the regulations of the Fire Marshal's office, the Construction Official and the regulations of applicable local, county, state and federal agencies.
[2]
No activity shall be permitted which results in an electrical disturbance adversely affecting the operation of any equipment beyond the building in which the disturbance is created.
[3]
There shall be no emission at any point from any chimney or otherwise which can cause damage to human health, to animals or vegetation, or to other forms of property; or which will cause any excessive soiling at any point.
[4]
There shall be no discharge at any point into any private or public sewerage system or into any stream or into the ground of any materials in such a way or of such temperature as to contaminate or otherwise cause the emission of hazardous materials, except as regulated by applicable local, state or federal agencies.
[5]
Sound levels.
[a]
No activity or use shall produce a sound-pressure level on adjacent property in excess of the level permitted in the following table:
Octave Band Frequency (cycles per second) | ||||
|---|---|---|---|---|
Greater Than | Less Than or Equal To | Residential District (decibels) | Nonresidential District (decibels) | |
20 | 75 | 72 | 79 | |
75 | 150 | 67 | 74 | |
150 | 300 | 59 | 66 | |
300 | 600 | 52 | 59 | |
600 | 1,200 | 46 | 53 | |
1,200 | 2,400 | 40 | 47 | |
2,400 | 4,800 | 34 | 41 | |
4,800 | — | 32 | 39 | |
[b]
The maximum permitted sound levels for residential districts shall apply between the hours of 7:00 a.m. and 6:00 p.m. and shall be reduced by six decibels in each octave band for any other time of day. For the purposes of this section, "decibels" shall mean A-weighted decibels.
[6]
Vibrations.
[a]
No activity or operation shall produce, at any point along the lot line, continuous earthborne vibrations greater than the maximum displacement as permitted in the following table:
Frequency (cycles per second) | ||||
|---|---|---|---|---|
Greater Than | Less Than or Equal To | Residential District Displacement (inches) | Nonresidential District Displacement (inches) | |
0 | 10 | 0.0004 | 0.0020 | |
10 | 20 | 0.0002 | 0.0010 | |
20 | 30 | 0.0001 | 0.0006 | |
30 | 40 | 0.0001 | 0.0004 | |
40 | 50 | 0.0001 | 0.0003 | |
50 | — | 0.0001 | 0.0002 | |
[b]
Discrete pulses that do not exceed 100 impulses per minute may not produce more than twice the displacement specified in the table.
[7]
No activity or use shall produce a strong, dazzling light or reflection of same beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not be a nuisance to adjoining properties, dwellings, streets or districts or from adjacent buildings within an industrial park. In no event shall a lighting intensity greater than 0.125 footcandle, measured at grade, be permitted beyond the subject lot lines.
[8]
No operation shall release materials capable of becoming odorous, either by bacterial decomposition or chemical reaction, that cause or will cause odorous matter or vapor to be generated so as to be readily discernible without instruments from any point along the boundaries of each lot.
[9]
All fabricating, manufacturing or assembling activities shall be conducted entirely within enclosed buildings.
(3)
The Board may consider the effect that the grant of the conditional use would have on the logical extension of public utilities and streets.
B.
Procedures for approval of conditional uses.
(1)
The Planning Board may attach any reasonable conditions to its grant of a conditional use.
(2)
The Planning Board shall render a decision on an application for a conditional use within 95 days of submission of a complete application.
(a)
This time period shall be concurrent with the review of a site plan application.
(b)
An approval may be conditioned upon receipt of a favorable recommendation from the County Planning Board or other appropriate agency.
(c)
Failure to render a timely decision shall be deemed an approval, as required by N.J.S.A. 40:55D-67.
C.
Conditional use regulations (principal and accessory uses).
[Amended 9-24-2002]
(1)
A church, synagogue or similar place of religious worship, provided that:
(a)
The use occurs on a lot of three acres or more in area.
(b)
Each lot used for this purpose shall have a minimum street frontage, lot width and lot depth of 300 feet.
(c)
No structure shall be provided within 75 feet of a public street or property line.
(d)
The maximum permitted building coverage shall not exceed 20%.
(e)
The maximum permitted impervious coverage shall not exceed 40%.
(f)
The 25 feet closest to the property line or the public street shall be bermed and landscaped so as to screen the use from view.
(g)
The maximum height of any structure shall not exceed 35 feet, except that a steeple may extend to a height of 55 feet.
(2)
A cemetery or memorial park, provided that:
(a)
The use occurs on a lot of 10 acres or more in area, except as modified below.
(b)
Each lot used for this purpose shall have a minimum street frontage of 200 feet.
(c)
No structure shall be provided within 75 feet of a public street or property line; provided, however that graves and headstones not exceeding five feet in height may be placed not less than 50 feet from a public street or property line.
(d)
The 25 feet closest to the property line or the public street shall be bermed and landscaped so as to screen the use from view.
(e)
The maximum permitted building coverage shall not exceed 20%.
(f)
The maximum permitted impervious coverage shall not exceed 50%.
(g)
The maximum height of any structure shall not exceed 25 feet.
(i)
Crematories shall only be permitted on tracts of 25 acres or more and shall be designed so that chimneys are not located within 500 feet of any street or property line.
(3)
Public and private schools of elementary, middle and/or high school grade, licensed by the State of New Jersey, provided that:
(a)
The use occurs on a lot of five acres or more in area.
(b)
Each lot used for this purpose shall have a minimum street frontage and lot width of 300 feet.
(c)
No structure shall be provided within 100 feet of a public street or property line.
(d)
The maximum permitted building coverage shall not exceed 20%.
(e)
The maximum permitted impervious coverage shall not exceed 60%.
(f)
The 25 feet closest to the property line or the public street shall be bermed and landscaped so as to screen the use from view.
(g)
The maximum height of any structure shall not exceed 35 feet.
(h)
A landscape buffer of not less than 25 feet in width shall be provided adjacent to any street line or property line.
(4)
Public utility uses, provided that:
(a)
For purposes of this chapter, the term "public utility uses" shall include such uses as telephone equipment centers, power substations and other utilities serving the public, such as sewage treatment plants, but shall exclude dumps and sanitary landfills.
(b)
The proposed installation in a specific location must be reasonably necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located.
(c)
Upon testimony provided by the applicant, the board of jurisdiction may require a lot area smaller than the minimum lot size for the respective zoning district; however, in no case shall the lot area be less than 900 square feet.
(d)
The design of any building in connection with such facilities must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding area.
(e)
Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electric power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Safety Code in effect at the time of the construction.
(f)
Landscape buffering, including shrubs, trees and lawns, shall be provided and maintained as required under § 230-31.
(g)
Off-street parking shall be provided as determined by the Planning Board during site plan review.
(5)
Home occupations, subject to the following conditions. In the case of more than one home occupation per dwelling, these regulations shall apply to the sum of all such uses:
(a)
The home occupation may not employ more than one person who is not a member of the household residing in the dwelling.
(b)
The home occupation must be of a nature that will not generally generate traffic caused by clients or customers visiting the dwelling.
(c)
The residential exterior appearance of the structure shall not be altered.
(d)
Not more than 20% of the total floor area of the dwelling may be devoted to the home occupation use.
(e)
There shall be no outdoor storage or display of materials, products or equipment.
(f)
One off-street parking space must be provided in addition to those required for the dwelling if a nonresident person is employed in conjunction with the home occupation use.
(7)
Satellite dish antennas.
(a)
The dish must be placed in a rear yard area. Rooftop installation is specifically prohibited.
(b)
The dish must be screened by landscaping to a height of no less than four feet along all sides, except that a clear passage may be maintained for the minimum width necessary to achieve line-of-sight contact with the satellites to be served.
(c)
No more than one such satellite dish antenna shall be permitted per lot.
(8)
Soil removal.
(a)
Soil mining or soil removal operations shall be specifically prohibited as a principal permitted use in all zoning districts of the Township of Mantua.
(b)
Soil removal shall be allowed as a conditional accessory use within all zoning districts of the Township, provided that each of the following conditions are satisfied:
[1]
The removal of soil is incidental to the development of a principal permitted use for which final approval has been granted by the Township Planning Board or Zoning Board of Adjustment and for which building permits have been issued.
[3]
The soil to be removed is only that soil which is necessary to provide for the development of the site in conformity with the natural terrain and topography of the land to be developed.
[4]
The development plans set forth a stormwater management plan which meets acceptable engineering standards.
[5]
Sufficient soil will be left on the site to provide for the following: at least a depth of two feet of arable soil throughout the site not proposed for impervious coverage, which shall include at least four inches of topsoil and sufficient suitable soil for the planting of all shrubbery and landscaping on site.
(c)
In making its determination, the Planning Board or Zoning Board of Adjustment shall be guided by the standard that the removal of soil within a residential or nonresidential district within the Township shall be limited to only that minimal amount which may be necessary to reasonably develop the land in question without necessarily providing one-hundred-percent utilization of all land on site for building plots. The plan of development must conform with the natural terrain and topography of the site rather than making the land itself conform to the developer's plan of development.
(9)
Day-care center.
(a)
The use shall occur on a tract with a minimum area of one acre.
(b)
Each lot used for this purpose shall have a minimum street frontage of 150 feet.
(c)
No structure shall be provided within 50 feet of a public street or property line.
(d)
The maximum permitted building coverage shall not exceed 20%.
(e)
The maximum permitted impervious coverage shall not exceed 50%.
(f)
The 25 feet closest to the property line or the public street shall be bermed and landscaped so as to screen the use from view.
(g)
The maximum height of any structure shall not exceed 35 feet.
(h)
A minimum interior area of 40 square feet per person must be provided for the day-care use on the first floor, exclusive of hallways, closets, bathrooms, kitchens and related areas.
(i)
A minimum outdoor play or recreation area of 100 square feet per person must be provided within a fenced area located within the rear or side yard area.
(j)
The use must be licensed by appropriate state and local officials.
(k)
Care may not be provided for more than 18 hours within any one day.
(10)
Governmental use or building, including but not limited to a municipal administrative or public safety facility, community center or library, provided that:
(a)
The minimum lot area for this use shall be five acres.
(b)
The minimum street frontage shall be 300 feet.
(c)
The minimum lot width shall be 300 feet.
(d)
The minimum front yard shall be 100 feet.
(e)
The minimum side yard (each) shall be 50 feet.
(f)
The minimum rear yard shall be 50 feet.
(g)
The maximum building height shall be 35 feet.
(h)
The maximum permitted impervious coverage is 70%.
(i)
The maximum building coverage permitted, including all principal and accessory buildings located on a site, is 20%.
(11)
Convalescent home, nursing home or similar facility, provided that:
(a)
The minimum lot area for this use shall be five acres.
(b)
The minimum street frontage shall be 300 feet.
(c)
The minimum lot width shall be 300 feet.
(d)
The minimum front yard shall be 100 feet.
(e)
The minimum side yard (each) shall be 50 feet.
(f)
The minimum rear yard shall be 50 feet.
(g)
The maximum building height shall be 35 feet.
(h)
The maximum permitted impervious coverage is 70%.
(i)
The maximum building coverage permitted, including all principal and accessory buildings located on a site, is 20%.
(12)
Service stations, provided that:
(a)
The use shall occur on a tract with a minimum area of 20,000 square feet and shall have a minimum street frontage of 150 feet.
(b)
Reserved.
[Amended 12-02-2019 by Ord. No. O-16-2019]
(c)
All appliances, pits, storage areas and trash facilities other than gasoline filling pumps or air pumps shall be within a building. Gasoline filling pumps and air pumps shall be permitted within the required front yard space of a service station but shall be no closer than 50 feet to any future street line. All lubrication, repair or similar activities shall be performed in a fully enclosed building, and no dismantled parts shall be displayed outside of an enclosed building.
(d)
No junked motor vehicle or part thereof or motor vehicles incapable of normal operation upon the highway shall be permitted on the premises of any service station. It shall be deemed prima facie evidence of violation of this chapter if more than three motor vehicles incapable of operation are located at any one time upon the premises not within a closed and roofed building; except, however, that a number not exceeding six motor vehicles may be located upon any service station premises outside of a closed or roofed building for a period of time not to exceed seven days, provided that the owners of said motor vehicles are awaiting their repair or disposition.
(e)
The 25 feet closest to the property line or the public street shall be landscaped.
(f)
The exterior display and parking of motor vehicles, trailers, boats or other similar equipment for sale shall not be permitted as part of a service station.
(13)
Car washes, provided that:
(a)
All mechanical activities must be conducted within a totally enclosed building.
(b)
Drainage from inside the building(s) shall be fed into a sanitary sewer system. No dry well or septic tank will be permitted in connection with said drainage. Additionally, an oil and gas separator will be required.
(c)
The 25 feet closest to the property line or the public street shall be bermed and landscaped so as to screen the use from view.
(d)
Off-street parking shall be provided in accordance with the following schedule: three access lanes for each mechanized car-wash entrance, with each lane having a minimum capacity for 12 vehicles; one separate space for each waxing, upholstery cleaning or similar specialized service area; and one space for every one employee. All vehicle entrances shall be from the rear of the building, and all parked and waiting vehicles shall be accommodated on the lot.
(14)
Self-service storage facilities, subject to the following additional standards:
(a)
Off-street parking shall be provided at the office at the rate of two spaces per 100 storage units, plus two spaces for the manager's apartment.
(b)
One ten-foot-wide parking/loading lane shall be provided adjacent to each bay of storage buildings, exclusive of required aisle widths.
(c)
The minimum aisle width, exclusive of parking/travel lanes, shall be 15 feet for one-way traffic flow and 24 feet for two-way traffic flow.
(d)
Self-service storage facilities shall not exceed one story in height.
(e)
Self-service storage facilities shall be designed so that the exterior of the development is composed of solid masonry walls, unbroken by garage doors, or by a decorative fence. Chain-link fences are specifically prohibited. No portion of the facility shall be unprotected by either a solid wall or fence.
(f)
Each facility will be heavily landscaped to lessen the impact of the severe exterior wall or fence.
(g)
One resident manager's apartment shall be required for on-site supervision.
(h)
The facility shall agree to include in each lease a prohibition on the storage of toxic, explosive, hazardous or illegal materials.
(15)
Anchor store, provided that:
[Added 5-23-2006 by Ord. No. O-04-2006]
(a)
The store(s) shall be separated from each other by at least 300 feet in all directions.
(b)
The front facade of any single tenant store shall be limited to a maximum of 300 feet.
(c)
Single tenant buildings and multitenant buildings shall have no single store user larger than 125,000 square feet.
(d)
All exterior building elevations that face public streets and/or customer parking areas shall be designed so that there are no large expanses of blank walls. This requirement can be met by employing the use of architectural features, including but not limited to the following: doors, windows, pilasters, columns, horizontal and vertical offsets, material and color variations, decorative cornices, awnings, canopies, murals and graphics. In order to assure conformance with this requirement, exterior building elevations must be reviewed and approved as a part of the overall final site plan review process.
(e)
If a store remains empty for a period of 12 consecutive months, the owner and/or lessee shall work with the Township Committee to create a plan for the removal or adaptive re-use of the principal structure.
(f)
Vacancy maintenance requirements:
[1]
The owner shall provide security patrols on the site to deter vandalism or other illegal activities on the property.
[2]
Stores that have been closed shall be maintained at the standard of the occupied store prior to closure; this includes all parking lot surfaces and landscaping.
[3]
Building fenestration, including doors and windows, shall not be boarded up.
§ 230-66 General exceptions and modifications.
A.
Christmas tree sale. The annual sale of Christmas trees is permitted in any zone between December 1 and December 25, inclusive.
B.
Height limits. Except for single- and two-family dwellings as permitted in this chapter, penthouses or roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building, skylights, spires, cupolas, flagpoles, chimneys or similar structures may be erected above the height limits prescribed by this chapter, but in no case more than 10% more than the maximum height permitted for the use in the district; except that farm silos have no height restrictions.
C.
Parking of commercial vehicles in residential zones. One commercial vehicle of a rated capacity not exceeding one ton, on four wheels, owned or used by a resident of the premises, shall be permitted to be regularly parked or garaged on a lot in any residential district. The provisions of this chapter must be met on the single lot for which the use is accessory to the main use of the premises. This provision shall not be deemed to limit the number of commercial trucks or cars used on a farm or construction equipment which is used on the site for construction purposes.
D.
Public election voting places. The provisions of this chapter shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.
E.
Public utility lines. Public utility lines for the transportation and distribution and control of water, electricity, gas, oil, steam, telegraph and telephone communications and their supporting members, other than buildings or structures, shall not be required to be located on a lot, nor shall this chapter be interpreted as to prohibit the use of a property in any zone for the above uses.
§ 230-67 Planned developments.
A.
Types and locations.
(1)
Planned residential communities are permitted on tracts of land at least 75 acres in area where indicated on the Zoning Map.
B.
Planned residential communities.
(2)
Accessory uses permitted:
(b)
Private residential toolsheds, not to exceed 15 feet in height.
(c)
Boats on trailers and campers to be parked or stored only and located in rear or side yards only. Their dimensions shall not be counted in determining total building coverage, and they shall not be used for temporary or permanent living quarters while situated on a lot.
(d)
Usual recreational facilities.
(e)
Off-street parking and private garages.
(f)
Fences and walls not exceeding six feet in height in rear and side yard areas. (See § 230-49.)
[Amended 8-9-1994; 12-13-1994]
(g)
Signs.
(h)
Residential agriculture.
(i)
Home occupations.
(3)
Maximum building height. No detached dwelling shall exceed 35 feet and 2 1/2 stories in height, and no townhouse or garden apartment building shall exceed 35 feet and 3 1/2 stories in height, except as provided in § 230-66B of this chapter.
(4)
Maximum number of dwelling units permitted. Planned residential communities shall be developed at an overall density of five dwelling units per gross acre.
(5)
Area and yard requirements.
(a)
Detached dwelling units shall meet the following requirements:
[2]
Accessory building minimum.
[Amended 11-10-1998]
[a]
Distance to side line: 10 feet, except for buildings 100 square feet or less in gross floor area which may be located within three feet of a property line.
[Amended 12-02-2019 by Ord. No. O-16-2019]
[b]
Distance to rear line: 10 feet, except for buildings 100 square feet or less in gross floor area which may be located within three feet of a property line.
[Amended 12-02-2019 by Ord. No. O-16-2019]
[c]
Distance to other building: six feet.
(b)
Minimum distances between townhouses and/or garden apartments shall be measured away from the front, side and rear of each building. The total minimum distance between the buildings shall be the sum of two abutting setback distances. The minimum setback distances shall be 15 feet from the front of any building; 15 feet from the side of any building; and 25 feet from the rear of any building. No portion of any building shall be closer to any portion of any other building than the combined distances of the abutting setback requirements for each building, provided that the corner of the building offset at more than a 20° angle from a line drawn parallel to another building shall be considered a side of a building. In addition, no building shall be located closer than 50 feet to the right-of-way line of any arterial street, 40 feet to the right-of-way line of any collector street, 25 feet to the right-of-way line of any local street or 10 feet to any parking area.
(6)
Minimum off-street parking. Each individual use shall provide parking spaces according to the following minimum provisions. No parking area or driveway shall be located within six feet of any property line.
§ 230-68 Adult community developments.
[Added 12-12-1995; amended 4-24-2001]
A.
Intent. The intent of the adult community (AC) development provisions are to promote residential development on appropriately located larger tracts of land especially designed to meet the special housing needs of older persons, with special emphasis on their particular physical and social needs. The property assembled for these developments shall be of sufficient size to permit the unified development of tracts of land with primary access to the principal arterial or collector roads within the Township.
B.
Design and conceptual review.
(1)
Adult community developments are encouraged and required to use innovative design and planning in order to encourage a built environment which reflects the character of a hamlet or village. The architectural styles and themes must allow for a diversity of designs typical of older Town centers. The development should consist of harmonious groupings of buildings and other land uses, including the arrangement of circulation, parking and open space, contained in an integral cohesive plan, reflecting sensitivity to the community and the natural resources available.
(2)
Designs must create a recognizable community center which emphasizes pedestrian circulation, attractive civic spaces, squares, greens and parks, with a special sense of neighborhood identity. Environmentally sensitive open space and wildlife habitats must be preserved and protected while allowing and encouraging residents to appreciate these resources with well-planned and low-impact access, e.g., trails through stream corridors.
(3)
In order to assure the goals and objectives of the adult community development standards, developers must participate in an informal conceptual review process with the Planning Board. The meeting before the Board will not require public notification, and plans must be submitted at least 14 days prior to the meeting. The plans must include a sketch plan of lots, streets and pedestrianways, the identification of environmentally sensitive areas and preliminary architectural designs.
C.
Age and occupancy requirements.
(1)
The following age and occupancy requirements shall apply to all dwelling units in an AC development:
[Amended 9-19-2016 by Ord. No. O-10-2016]
(a)
Permanent residents must be at least 55 years of age, except that a spouse under 55 years may occupy a unit together with his or her spouse who is at least 55 years of age. "Permanent residents" are defined as people who live in the units more than 90 days in any twelve-month period or more than 90 consecutive days at any time.
(b)
A maximum of one child, age 19 or older, may also reside as a permanent resident with his or her parent or parents or as otherwise required by N.J.S.A. 40:55D-66.
(c)
In no event, however, shall there be more than four permanent residents in any one unit.
(2)
Applicants for AC developments must present documentation verifying that the proposed development and its associated or accessory use, facilities and services meet the requirements of the applicable federal laws and regulations governing housing for older persons which allow exemptions from prohibitions against discrimination because of familial status.
D.
Uses.
(1)
Principal permitted uses on the land and in buildings shall be as follows:
[Amended 12-02-2019 by Ord. No. O-16-2019]
(2)
Accessory uses permitted. The following accessory uses are permitted by right in this district:
(a)
Private residential toolsheds not to exceed 10 feet in height and 100 square feet in area and located within three feet of the primary structure.
(b)
Storage of boats, trailers or campers on a separate lot specifically designed and buffered to minimize any impact from such a use. Storage of these recreational vehicles is prohibited on individual lots.
(c)
Common recreational, social, educational, health and dining facilities, such as a swimming pool, tennis court, shuffleboard court, bicycling trail, hiking trail, nature trail, sports or play area and community building.
(d)
Off-street parking and private garages.
(e)
Fences and walls not exceeding six feet in height in rear and side yard areas.
(f)
Signs.
(g)
Gardening for the exclusive benefit of residents.
(h)
Home occupations.
(3)
Accessory uses not permitted: Private swimming pools are not permitted.
E.
Bulk and design requirements.
[Amended 12-02-2019 by Ord. No. O-16-2019]
(1)
The maximum number of dwelling units shall be four dwelling units per gross acre.
(2)
AC developments are only permitted on tracts of land at least 90 acres in area.
(3)
Detached dwelling units shall meet the following requirements:
(a)
Principal building minimum.
[1]
The following minimum standards may be applied to a maximum of 40% of the single-family detached lots in an AC development:
[a]
Lot area, minimum: 5,000 square feet.
[b]
Lot frontage, minimum: 50 feet.
[c]
Lot width, minimum: 50 feet.
[d]
Lot depth, minimum: 100 feet.
[e]
Side yard, aggregate: 15 feet.
[f]
Side yard, minimum: five feet.
[g]
Front yard, minimum: 20 feet.
[h]
Rear yard, minimum: 20 feet, including decks and patios.
[i]
Patios and Decks:
At grade patios can be installed within 15 feet of the rear setback line.
Elevated patios and decks are only permitted where the yard opens up to open space on perimeter lots of the development, or where there is a minimum of 25 feet of open space between the adjoining rear lot. On decks, all exposed deck posts and joists must be clad in white vinyl. Deck boards must be composite material. Railings must be white PVC or black aluminum/wrought iron.
[Added 12-02-2019 by Ord. No. O-16-2019]
[2]
The following minimum standards shall apply to all other single-family detached lots in an AC development:
[a]
Lot area: 5,500 square feet.
[b]
Lot frontage, minimum: 55 feet.
[c]
Lot width, minimum: 55 feet.
[d]
Lot depth, minimum: 100 feet.
[e]
Side yard, aggregate: 15 feet.
[f]
Side yard, minimum: five feet.
[g]
Front yard, minimum: 20 feet.
[h]
Rear yard, minimum: 20 feet.
[i]
Patios and Decks:
At grade patios can be installed within 15 feet of the rear setback line.
Elevated patios and decks are only permitted where the yard opens up to open space on perimeter Tots of the development, or where there is a minimum of 25 feet of open space between the adjoining rear lot. On decks, all exposed deck posts and joists must be clad in white vinyl. Deck boards must be composite material. Railings must be white PVC or black aluminum/wrought iron.
[Added 12-02-2019 by Ord. No. O-16-2019]
(4)
Development buffer. The entire perimeter of an AC development shall be buffered either by existing natural vegetation or a landscaped buffer area a minimum of 25 feet in width and in accordance with § 230-31, Landscape and buffer standards. The natural vegetation may be acceptable if it meets or exceeds the requirements of the landscaped buffer.
F.
Minimum off-street parking. The standards for residential units shall be the same as provided in the Residential Site Improvement Standards (N.J.A.C. 5:21-4.14 et seq.). Nursing homes and assisted living facilities shall provide 3/4 of a space per bed, plus one space for every employee on the largest shift.
§ 230-69 Affordable housing.
[Amended 8-9-1994; 4-10-2023 by Ord. No. O-4-2023]
A.
Affordable housing obligation: general program purposes; procedures.
(1)
This section of the Township Code sets forth regulations regarding the low- and moderate-income housing units in the Township consistent with the provisions known as the "Substantive Rules of the New Jersey Council on Affordable Housing," N.J.A.C. 5:93.1 et seq.,[1] and the Uniform Housing Affordability Controls ("UHAC"), N.J.A.C. 5:80-26.1 et seq., except where modified by the requirements for very-low-income housing as established in P.L. 2008, c. 46 (the "Roberts Bill," codified at N.J.S.A. 52:27D-329.1 et seq.), such that the statutory requirement to provide very-low-income units equal to 13% of affordable units approved and constructed after July 17, 2008, to be affordable to households at 30% of the regional median income overrides the UHAC requirement that 10% of all low- and moderate-income units must be affordable at 35% of the regional median income, and the Township's constitutional obligation to provide a fair share of affordable housing for low- and moderate-income households.
[1]
Editor's Note: So in original. The provisions of N.J.A.C. 5:93 expired on 10-16-2016.
(2)
This section is intended to assure that very-low-, low- and moderate-income units ("affordable units") are created with controls on affordability over time and that very-low-, low- and moderate-income households shall occupy these units. This section shall apply to all inclusionary developments and 100% affordable developments (including those funded with low-income housing tax credit financing) except where inconsistent with applicable law.
B. ACT ADAPTABLE ADMINISTRATIVE AGENT AFFIRMATIVE MARKETING AFFORDABILITY AVERAGE AFFORDABLE AFFORDABLE HOUSING DEVELOPMENT AFFORDABLE HOUSING PROGRAM(S) AFFORDABLE UNIT AGE-RESTRICTED UNIT AGENCY ALTERNATIVE LIVING ARRANGEMENT ASSISTED LIVING RESIDENCE CERTIFIED HOUSEHOLD COAH DCA DEVELOPER DEVELOPMENT DEVELOPMENT FEE EQUALIZED ASSESSED VALUE FAIR SHARE PLAN HOUSING ELEMENT INCLUSIONARY DEVELOPMENT LOW-INCOME HOUSEHOLD LOW-INCOME UNIT MARKET-RATE UNITS MEDIAN INCOME MODERATE-INCOME HOUSEHOLD MODERATE-INCOME UNIT MUNICIPAL HOUSING LIAISON NONEXEMPT SALE RANDOM SELECTION PROCESS REGIONAL ASSET LIMIT REHABILITATION RENT RESTRICTED UNIT SPECIAL MASTER UHAC VERY-LOW-INCOME HOUSEHOLD VERY-LOW-INCOME UNIT
Definitions. As used herein the following terms shall have the following meanings:
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.).
Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.[2]
A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households.
A sales price or rent within the means of a very-low-, low- or moderate-income household as defined in N.J.A.C. 5:93-7.4;[5] in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.
A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable development for which all or a portion of the units are income restricted for very-low-, low- and/or moderate-income households.
Any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.
A housing unit proposed or created pursuant to the Act, credited pursuant to N.J.A.C. 5:93,[6] and/or funded through an affordable housing trust fund.
A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that: 1) all the residents of the development where the unit is situated are 62 years or older; or 2) at least 80% of the units are occupied by one person that is 55 years or older; or 3) the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
A structure in which households live in distinct bedrooms yet share kitchen and plumbing facilities, central heat and common areas. Alternative living arrangement includes, but is not limited to: transitional facilities for the homeless; Class A, B, C, D, and E boarding homes as regulated by the New Jersey Department of Community Affairs; residential health-care facilities as regulated by the New Jersey Department of Health; group homes for the developmentally disabled and mentally ill as licensed and/or regulated by the New Jersey Department of Human Services; and congregate living arrangements.
A facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
A household that has been certified by an Administrative Agent as a very-low-, low- or moderate-income household.
The Council on Affordable Housing, as established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
The State of New Jersey Department of Community Affairs.
Any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development, including the holder of an option to contract or purchase, or other person having an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.
Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:93-8.[7]
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 54:1-35c).
The plan that describes the mechanisms, strategies and the funding sources, if any, by which the Township proposes to address its affordable housing obligation as established in the Housing Element, including the draft ordinances necessary to implement that plan, and addresses the requirements of N.J.A.C. 5:93-5.[8]
The portion of the Township's Master Plan, required by the Municipal Land Use Law ("MLUL"), N.J.S.A. 40:55D-28b(3) and the Act, that includes the information required by N.J.A.C. 5:93-5.1[9] and establishes the Township's fair share obligation.
A development containing both affordable units and market-rate units. This term includes, but is not necessarily limited to: new construction, the conversion of a nonresidential structure to residential and the creation of new affordable units through the reconstruction of a vacant residential structure.
A household with a total gross annual household income equal to 50% or less of the median household income.
A restricted unit that is affordable to a low-income household.
Housing not restricted to low- and moderate-income households that may sell or rent at any price.
The median income by household size for the applicable county, as adopted annually by COAH or approved by the NJ Superior Court.
A household with a total gross annual household income in excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income household.
A municipal employee responsible for oversight of the municipal affordable housing program, including overseeing the administration of affordability controls, the affirmative marketing plan, monitoring and reporting and, where applicable, supervising any contracted Administrative Agent.
Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a Class A beneficiary and the transfer of ownership by court order.
A process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).
The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as defined by adopted/approved regional income limits.
The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.
A dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as may be amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.
An expert appointed by a judge to make sure that judicial orders are followed. A master's function is essentially investigative, compiling evidence or documents to inform some future action by the Court.
Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.
A household with a total gross annual household income equal to 30% or less of the median household income for the applicable housing region.
A restricted unit that is affordable to a very-low-income household.
[2]
Editor's Note: See now N.J.A.C 5:23-3.14(b).
[3]
Editor's Note: So in original. The provisions of N.J.A.C. 5:91 expired on 4-2-2008.
[4]
Editor's Note: So in original. The provisions of N.J.A.C. 5:93 expired on 10-16-2016.
[5]
Editor's Note: So in original. The provisions of N.J.A.C. 5:93 expired on 10-16-2016.
[6]
Editor's Note: So in original. The provisions of N.J.A.C. 5:93 expired on 10-16-2016.
[7]
Editor's Note: So in original. The provisions of N.J.A.C. 5:93 expired on 10-16-2016.
[8]
Editor's Note: So in original. The provisions of N.J.A.C. 5:93 expired on 10-16-2016.
[9]
Editor's Note: So in original. The provisions of N.J.A.C. 5:93 expired on 10-16-2016.
C.
Administration of affordable units. The following requirements shall apply to all new or planned developments that contain low- and moderate-income housing units.
(1)
Phasing. Final site plan or subdivision approval shall be contingent upon the affordable housing development meeting the following phasing schedule for low- and moderate-income units, whether developed in a single-phase development or in a multiphase development:
Maximum Percentage of Low-Market-Rate Units Completed | Minimum Percentage of Moderate-Income Units Completed |
|---|---|
25% | 0% |
25% + 1 unit | 10% |
50% | 50% |
75% | 75% |
90% | 100% |
100% |
(2)
Design. In inclusionary developments, low- and moderate-income units shall be integrated with the market units.
(3)
Utilities. Affordable units shall utilize the same type of heating source as market units within the affordable development.
(4)
Low/Moderate Split and Bedroom Distribution of Affordable Housing Units:
(a)
The fair share obligation shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit.
(b)
In each affordable housing development, the total number of units within each bedroom distribution shall have at least 50% of the restricted units for low-income households, with at least 13% affordable to very-low-income households.
(c)
Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:
[1]
The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;
[2]
At least 30% of all low- and moderate-income units shall be two-bedroom units;
[3]
At least 20% of all low- and moderate-income units shall be three-bedroom units; and
[4]
The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.
(d)
Affordable developments that are age-restricted shall be structured such that the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the inclusionary development. The standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit.
(5)
Accessibility requirements:
(a)
The first floor of all new restricted townhouse dwelling units and all restricted multistory dwelling units attached to at least one other dwelling unit shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.[10]
[10]
Editor's Note: See now N.J.A.C 5:23-3.14(b).
(b)
All restricted townhouse dwelling units and all restricted multistory dwelling units attached to at least one other dwelling unit shall have the following features:
[1]
An adaptable toilet and bathing facility on the first floor;
[2]
An adaptable kitchen on the first floor;
[3]
An interior accessible route of travel on the first floor:
[a]
An interior accessible route of travel shall not be required between stories within an individual unit;
[4]
An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door, on the first floor; and
[5]
An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7,[11] or evidence that the Township has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:
[a]
Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed.
[b]
To this end, the builder of restricted units shall deposit funds within the Township of Mantua's Affordable Housing Trust Fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.
[c]
The funds deposited under Subsection C(5)(b)[5][b] herein shall be used by the Township for the sole purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
[d]
The developer of the restricted units shall submit a design plan and cost estimate for the conversion from adaptable to accessible entrances to the Construction Official of the Township of Mantua.
[e]
Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meets the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7,[12] and that the cost estimate of such conversion is reasonable, payment shall be made to the Township of Mantua's Affordable Housing Trust Fund in care of the Municipal Treasurer, who shall ensure that the funds are deposited into the Affordable Housing Trust Fund and appropriately earmarked.
[i]
Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is site impracticable to meet the requirements. Determinations of site impracticability shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.[13]
[13]
Editor's Note: See now N.J.A.C 5:23-3.14(b).
[12]
Editor's Note: See now N.J.A.C 5:23-3.14(b).
[11]
Editor's Note: See now N.J.A.C 5:23-3.14(b).
(6)
Maximum rents and sales prices.
(a)
In establishing rents and sales prices of affordable housing units, the Administrative Agent shall follow the procedures set forth in UHAC and by the Superior Court, utilizing the regional income limits established.
(b)
The maximum rent for restricted rental units within each affordable development shall be affordable to households earning no more than 60% of median income, and the average rent for restricted very-low-, low- and moderate-income units shall be affordable to households earning no more than 52% of median income.
(c)
The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for very-low-, low- and moderate-income units.
[1]
At least 13% of all low- and moderate-income rental units shall be affordable to households earning no more than 30% of median income.
(d)
The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70% of median income, and each affordable development must achieve an affordability average of 55% for restricted ownership units; in achieving this affordability average, moderate-income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type.
(e)
In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units other than assisted living facilities, the following standards shall be met:
[1]
A studio or efficiency unit shall be affordable to a one-person household;
[2]
A one-bedroom unit shall be affordable to a one-and-one-half person household;
[3]
A two-bedroom unit shall be affordable to a three-person household;
[4]
A three-bedroom unit shall be affordable to a four-and-one-half person household; and
[5]
A four-bedroom unit shall be affordable to a six-person household.
(f)
In determining the initial rents for compliance with the affordability average requirements for restricted units in assisted living facilities, the following standards shall be met:
(g)
The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowners' and private mortgage insurance and condominium or homeowners' association fees do not exceed 28% of the eligible monthly income of the appropriate size household as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(h)
The initial rent for a restricted rental unit shall be calculated so as not to exceed 30% of the eligible monthly income of the appropriate household size as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(i)
The price of owner-occupied very-low-, low-and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the Administrative Agent be lower than the last recorded purchase price.
(j)
Income limits for all units for which income limits are not already established through a federal program exempted from the Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26.1 et seq. shall be updated by the Township annually within 30 days of the publication of determinations of median income by HUD as follows:
[1]
Regional income limits shall be established for Region 5 based on the median income by household size, which shall be established by a regional weighted average of the uncapped Section 8 income limits published by HUD. To compute this regional income limit, the HUD determination of median county income for a family of four is multiplied by the estimated households within the county according to the most recent decennial census. The resulting product for each county within the housing region is summed. The sum is divided by the estimated total households from the most recent decennial census in Region 5. This quotient represents the regional weighted average of median income for a household of four. The income limit for a moderate-income unit for a household of four shall be 80% of the regional weighted average median income for a family of four. The income limit for a low-income unit for a household of four shall be 50% of the HUD determination of the regional weighted average median income for a family of four. The income limit for a very-low-income unit for a household of four shall be 30% of the regional weighted average median income for a family of four. These income limits shall be adjusted by household size based on multipliers used by HUD to adjust median income by household size. In no event shall the income limits be less than those for the previous year.
[2]
The income limits calculated each year shall be the result of applying the percentages set forth in Subsection C(6)(j)[1] above to HUD's determination of median income for the relevant fiscal year, and shall be utilized until the Township updates the income limits after HUD has published revised determinations of median income for the next fiscal year.
[3]
The Regional Asset Limit used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)3 shall be calculated by the Township annually by taking the percentage increase of the income limits calculated pursuant to Subsection C(6)(j)[1] above over the previous year's income limits, and applying the same percentage increase to the Regional Asset Limit from the prior year. In no event shall the Regional Asset Limit be less than that for the previous year.
(k)
The rent levels of very-low-, low- and moderate-income units may be increased annually based on the percentage increase in the Housing Consumer Price Index for the Northeast Urban Area, upon its publication for the prior calendar year. This increase shall not exceed 9% in any one year. Rents for units constructed pursuant to low-income-housing tax credit regulations shall be indexed pursuant to the regulations governing low-income-housing tax credits.
(l)
Tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance approved by DCA for its Section 8 program.
(7)
Condominium and homeowner's association fees.
(a)
For any affordable housing unit that is part of a condominium association and/or homeowner's association, the master deed shall reflect that the association fee assessed for each affordable housing unit shall be established at 100% of the market-rate fee.
(8)
Affordable unit controls and requirements.
(a)
The requirements of this section apply to all developments that contain affordable housing units, including any currently unanticipated future developments that will provide very-low-, low- and moderate-income housing units.
(9)
Affirmative marketing.
(a)
The Township shall adopt by resolution an affirmative marketing plan, subject to approval of the Superior Court, compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented.
(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 race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The affirmative marketing plan is also intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward COAH Housing Region 5 and covers the period of deed restriction.
(c)
The affirmative marketing plan shall provide a regional preference for all households that live and/or work in COAH Housing Region 5, comprised of Burlington, Camden and Gloucester Counties.
(d)
The Administrative Agent designated by the Township shall assure the affirmative marketing of all affordable units is consistent with the affirmative marketing plan for the municipality.
(e)
The Township shall add to the list of community and regional organizations in its affirmative marketing plan, pursuant to N.J.A.C. 5:80-26.15(f)(5), FSHC; Fair Share Housing Development; Camden County NAACP; the Latino Action Network; Willingboro NAACP; Southern Burlington County NAACP; Burlington County Community Action Program; and the Supportive Housing Association and shall, as part of its regional affirmative marketing strategies during its implementation of this plan, provide notice to those organizations of all available affordable housing units. The Township also agrees to require any other entities, including developers or persons or companies retained to do affirmative marketing, to comply with this subsection.
(f)
In implementing the affirmative marketing plan, the Administrative Agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
(g)
The affirmative marketing process for available affordable units shall begin at least four months prior to the expected date of occupancy.
(h)
The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner, unless otherwise determined or agreed to by the Township of Mantua.
(10)
Occupancy standards.
(a)
In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the Administrative Agent shall strive to:
(b)
Additional provisions related to occupancy standards (if any) shall be provided in the municipal operating manual.
(11)
Selection of occupants of affordable housing units.
(12)
Control Periods for Restricted Ownership Units and Enforcement Mechanisms.
(a)
Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5, and each restricted ownership unit shall remain subject to the controls on affordability for a period of at least 30 years, until the municipality takes action to release the controls on affordability.
(b)
Rehabilitated owner-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of 10 years.
(c)
The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.
(d)
The affordability controls set forth in this section shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units.
(e)
A restricted ownership unit shall be required to obtain a continuing certificate of occupancy or a certified statement from the Construction Official stating that the unit meets all code standards upon the first transfer of title that follows the expiration of the applicable minimum control period provided under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
(13)
Price Restrictions for Restricted Ownership Units, homeowners' Association Fees, Resale Prices and Restriction on Lease of Affordable Units.
(a)
Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1 et seq., as may be amended and supplemented, including:
[1]
The initial purchase price for a restricted ownership unit shall be approved by the Administrative Agent.
(b)
The Administrative Agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.
(c)
The method used to determine the condominium association fee amounts and special assessments shall be indistinguishable between the very-low-, low- and moderate-income unit owners and the market unit owners.
(d)
The owners of restricted ownership units may apply to the Administrative Agent to increase the maximum sales price for the unit on the basis of capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom.
(e)
As per the Township's Court-approved spending plan, the Affordable Housing Trust Fund will be utilized to incentivize owners to extend affordability controls in the Villages at Berkeley. Any units where controls are extended under this program shall be subject to the controls outlined in this section.
(f)
Owners of restricted ownership units shall not offer the restricted unit for lease.
(14)
Buyer income eligibility.
(a)
Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1 et seq., as may be amended and supplemented, such that very-low-income units shall be reserved for households with a gross household income less than or equal to 30% of median income for Region 5, low-income ownership units shall be reserved for households with a gross household income less than or equal to 50% of median income for Region 5 and moderate-income ownership units shall be reserved for households with a gross household income less than 80% of median income for Region 5.
(b)
The Administrative Agent shall certify a household as eligible for a restricted ownership unit when the household is a very-low-income household, low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, taxes, homeowners' and private mortgage insurance and condominium or homeowners' association fees, as applicable) does not exceed 33% of the household's certified monthly income.
(15)
Limitations on indebtedness secured by ownership unit; subordination.
(a)
Prior to incurring any indebtedness to be secured by a restricted ownership unit, the Administrative Agent shall determine in writing that the proposed indebtedness complies with the provisions of this section.
(b)
With the exception of original purchase money mortgages, during a control period neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the maximum allowable resale price of that unit, as such price is determined by the Administrative Agent in accordance with N.J.A.C. 5:80-26.6(b).
(16)
Control periods for restricted rental units.
(a)
Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, and each restricted rental unit shall remain subject to the controls on affordability for a period of at least 30 years, until the municipality takes action to release the controls on affordability.
[1]
Restricted rental units created as part of developments receiving 9% low-income-housing tax credits must comply with a control period of not less than a thirty-year compliance period plus a fifteen-year extended use period.
(b)
Rehabilitated renter-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of 10 years.
(c)
Deeds of all real property that include restricted rental units shall contain deed restriction language. The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or seller with the records office of the County of Gloucester. A copy of the filed document shall be provided to the Administrative Agent within 30 days of the receipt of a certificate of occupancy.
(d)
A restricted rental unit shall remain subject to the affordability controls of this section, despite the occurrence of any of the following events:
(17)
Price Restrictions for Rental Units; Leases.
(a)
A written lease shall be required for all restricted rental units, except for units in an assisted living residence, and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be provided to the Administrative Agent.
(b)
No additional fees or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the Administrative Agent.
(c)
Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit and shall be payable to the Administrative Agent to be applied to the costs of administering the controls applicable to the unit as set forth in this section.
(18)
Tenant income eligibility.
(a)
Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as may be amended and supplemented, and shall be determined as follows:
[1]
Very-low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of median income.
[2]
Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of median income.
[3]
Moderate-income rental units shall be reserved for households with a gross household income less than 80% of median income.
(b)
The Administrative Agent shall certify a household as eligible for a restricted rental unit when the household is a very-low-income, a low-income or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:
[1]
The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;
[2]
The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;
[3]
The household is currently in substandard or overcrowded living conditions;
[4]
The household documents the existence of assets with which the household proposes to supplement the rent payments; or
[5]
The household documents proposed third-party assistance from an outside source such as a family member in a form acceptable to the Administrative Agent and the owner of the unit.
(c)
The applicant shall file documentation sufficient to establish the existence of the circumstances in Subsection C(18)(b)[1] through [5] above with the Administrative Agent, who shall counsel the household on budgeting.
(19)
Conversions.
(a)
Each affordable housing unit created through the conversion of a nonresidential structure shall be considered a new housing unit and shall be subject to the affordability controls for a new housing unit.
(20)
Alternative living arrangements.
(a)
The administration of an alternative living arrangement shall be in compliance with N.J.A.C. 5:93-5.8[14] and UHAC, with the following exceptions:
[1]
Affirmative marketing (N.J.A.C. 5:80-26.15); provided, however, that the units or bedrooms may be affirmatively marketed by the provider in accordance with an alternative plan approved by the Court;
[2]
Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3).
[14]
Editor's Note: So in original. The provisions of N.J.A.C. 5:93 expired on 10-16-2016.
(b)
With the exception of units established with capital funding through a twenty-year operating contract with the Department of Human Services, Division of Developmental Disabilities, alternative living arrangements shall have at least thirty-year controls on affordability in accordance with UHAC, unless an alternative commitment is approved by the Court.
(c)
The service provider for the alternative living arrangement shall act as the Administrative Agent for the purposes of administering the affirmative marketing and affordability requirements for the alternative living arrangement.
D.
Municipal Housing Liaison.
(1)
The position of Municipal Housing Liaison for the Township of Mantua is hereby established. The Municipal Housing Liaison shall be appointed by duly adopted resolution of the Township Mayor and Committee and be subject to the approval of the Superior Court.
(2)
The Municipal Housing Liaison must be either a full-time or part-time employee of the Township of Mantua.
(4)
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Township of Mantua, including the following responsibilities which may not be contracted out to the Administrative Agent:
(a)
Serving as the municipality's primary point of contact for all inquiries from the state, affordable housing providers, Administrative Agents and interested households;
(b)
The implementation of the affirmative marketing plan and affordability controls;
(c)
When applicable, supervising any contracting Administrative Agent;
(d)
Monitoring the status of all restricted units in the Township of Mantua's Fair Share Plan;
(e)
Compiling, verifying and submitting annual reports as required by the Superior Court;
(f)
Coordinating meetings with affordable housing providers and Administrative Agents, as applicable; and
(g)
Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing as offered or approved by the Superior Court.
E.
Administrative Agent.
(2)
Developers of affordable housing units shall utilize the Township's appointed Administrative Agent for the administration of affordable units, unless specifically authorized to do otherwise by the Township Mayor and Committee or Planning or Zoning Board. All administration costs, including those of the Administrative Agent, shall be paid by the developer.
(3)
An operating manual shall be provided by the Administrative Agent(s) to be adopted by resolution of the governing body and subject to approval of the Superior Court. The operating manuals shall be available for public inspection in the office of the Municipal Clerk and in the office(s) of the Administrative Agent(s).
(4)
The Administrative Agent shall perform the duties and responsibilities of an Administrative Agent as are set forth in UHAC and which are described in full detail in the operating manual, including those set forth in N.J.A.C. 5:80-26.14, 5:80-26.16 and 5:80-26.18 thereof, which includes:
(a)
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Superior Court;
(b)
Affirmative marketing;
(c)
Household certification;
(d)
Affordability controls;
(e)
Records retention;
(f)
Resale and re-rental;
(g)
Processing requests from unit owners; and
(h)
Enforcement, although the ultimate responsibility for retaining controls on the units rests with the municipality.
(5)
The Administrative Agent shall, as delegated by the Township Mayor and Committee, have the authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.
F.
Enforcement of affordable housing regulations.
(1)
Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant, the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.
(2)
After providing written notice of a violation to an owner, developer or tenant of a low- or moderate-income unit and advising the owner, developer or tenant of the penalties for such violations, the municipality may take the following action against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:
(a)
The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations governing the affordable housing unit. If the owner, developer or tenant is found by the Court to have violated any provision of the regulations governing affordable housing units, the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the Court:
[1]
A fine of not more than $500 or imprisonment for a period not to exceed 90 days, or both. Each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense;
[2]
In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Township of Mantua Affordable Housing Trust Fund of the gross amount of rent illegally collected;
[3]
In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the Court.
(b)
The municipality may file a court action in the Superior Court seeking a judgment, which would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the low- and moderate-income unit.
(3)
Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the low- and moderate-income unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorney's fees. The violating owner shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale.
(4)
The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the municipality for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in full as aforesaid, the violating owner shall be personally responsible for and to the extent of such deficiency, in addition to any and all costs incurred by the municipality in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the municipality for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the municipality for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the owner or forfeited to the municipality.
(5)
Foreclosure by the municipality due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.
(6)
If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the municipality may acquire title to the low- and moderate-income unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low- and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.
(7)
Failure of the low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- and moderate-income unit as permitted by the regulations governing affordable housing units.
(8)
The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner.
G.
Appeals. Appeals from all decisions of an Administrative Agent designated pursuant to this section shall be filed in writing with the Township.
§ 230-70 Fair share affirmative marketing.
[Added 6-9-1998]
A.
The Township of Mantua has prepared a housing element and fair share plan in response to its affordable housing obligation as determined by the Council on Affordable Housing (COAH). This section shall apply to all developments that contain proposed low- and moderate-income units that may be constructed or rehabilitated in the Township.
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 of affordable housing. It is a continuing program and covers the period of deed restriction. The plan shall 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. Mantua Township is in the housing region consisting of Burlington, Gloucester and Camden Counties. The affirmative marketing program is a continuing program and shall meet the following requirements:
(1)
All newspaper articles, announcements and requests for applications for low- and moderate-income units shall appear in the Gloucester County Times and any other daily regional publications as described by the developer. (One major newspaper is sufficient as long as the combined outreach efforts attract sufficient applicants.)
(2)
The primary marketing shall take the form of at least one press release sent to the publications described by the developer above and a paid display advertisement in the Gloucester County Times. Additional advertising and publicity shall be on an as-needed basis.
(3)
The advertisement shall include a description of the:
(5)
The following regional radio and/or cable television station(s) shall be used:
(a)
Comcast (local channel).
(6)
The following are locations where applications, brochures, signs and/or posters used as part of the affirmative marketing program should be placed:
(7)
The following is a listing of community contact persons and/or organizations which 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:
(a)
Robert Broughton (Gloucester County Community Development).
(8)
Quarterly flyers and applications shall be sent to each of the following agencies for publication in their journals and for circulation among their members:
(a)
Board of Realtors in Burlington, Camden and Gloucester Counties.
(9)
Applications shall be mailed to prospective applicants upon request.
(10)
Additionally, quarterly informational circulars and applications shall be sent to the chief administrative employees of each of the following agencies in the Counties of Burlington, Camden and Gloucester: welfare or social services board; rental assistance office (local office of the Department of Community Affairs); office on aging; housing authority; library and area community action agencies.
(11)
All developers of low- and moderate-income housing units shall be required to affirmatively market the affordable units in their respective developments.
(12)
The developer of low- and moderate-income housing units has the responsibility to contract on its own with the Affordable Housing Management Service (AHMS) of the New Jersey Department of Community Affairs (DCA) to administer COAH's provisions for affirmative marketing; to income qualify low- and moderate-income households; to place income-eligible households in low- and moderate-income units upon initial occupancy; to continue to qualify households for reoccupancy of units as they become vacant during the period of affordability controls; to assist with advertising and outreach to low- and moderate-income households; and to enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1. The following service providers have agreed to perform counseling services to low- and moderate-income households on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements and landlord/tenant law.
(13)
Households who live or work in Burlington, Camden and Gloucester Counties may be given preference for the sales and rental units constructed within the housing region. Applicants living outside the housing region shall have an equal opportunity for the units after regional applicants have been initially serviced.
(14)
The marketing program shall commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program shall continue until all low- and moderate-income housing units are initially occupied and for so long as affordable units are deed restricted and occupancy or reoccupancy of units continues to be necessary.
(15)
The developer shall make available to the Mantua Township Planning Coordinator and/or the Municipal Planning Consultant any and all information required by COAH to comply with its monitoring and reporting requirements as noted in N.J.A.C. 5:93-11.6 and 5:93-12:1.
C.
Administrative agent fees The developer shall assume all costs for the affirmative marketing and initial sales and rental transactions associated with the low- and moderate-income housing development. The developer's administrative agent shall have all of the responsibilities as set forth in this section and shall follow the same procedures for affirmative marketing, qualifying individuals and households and recording of property instruments as described herein for the Township's administrative agent. After the initial sales and rental transactions, the administrative agent may assume the duties of the developer's administrative agent for any resales or rerentals. The administrative agent shall charge a reasonable fee to the program seller(s)/owner(s) for which the services of the administrative agent are required. The administrative agent shall perform the duties and responsibilities of an administrative agent as set forth in the Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26 et seq., including those set forth in N.J.A.C. 5:80-26.14, 5:80-26.16 and 5:80-26.18 thereof.
[Added 4-18-2022 by Ord. No. O-01-2022]
§ 230-71 Mandatory affordable housing set-aside requirements.
[Added 4-10-2023 by Ord. No. O-6-2023[1]]
A.
Background.
(1)
The State of New Jersey has a longstanding and well-established commitment to maximizing the opportunities for the development of housing affordable for very-low-, low-, and moderate-income households.
(2)
The provision of "safe, decent and attractive housing that [lower-income households] can afford serves the community's interest in achieving an integrated, just and free society and promotes the general welfare of all citizens." De Simone v. Greater Englewood Hous. Corp., 56 N.J. 428, 441 (1970).
(3)
Notably, in the Mount Laurel decisions, the New Jersey Supreme Court held that the state's Constitution makes it "plain beyond dispute that proper provision for adequate housing of all categories of people is certainly an absolute essential in promotion of the general welfare required in all local land use regulation." S. Burlington Cty. NAACP v. Mount Laurel, 67 N.J. 151, 179 (1975) (Mount Laurel I).
(4)
The Court thus found that "each . . . municipality [must] affirmatively . . . plan and provide, by its land use regulations, the reasonable opportunity for an appropriate variety and choice of housing, including, of course, low and moderate cost housing, to meet the needs, desires and resources of all categories of people who may desire to live within its boundaries." S. Burlington Cty. NAACP v. Mount Laurel, 67 N.J. 151, 179 (1975) (Mount Laurel I).
(5)
The New Jersey Legislature itself affirmed this commitment when it enacted the Fair Housing Act of 1985, which established that it is in the state's interest to "maximize the number of low and moderate units by creating new affordable housing and by rehabilitating existing, but substandard, housing in the State." N.J.S.A. 52:27D-302.
(6)
Accordingly, the New Jersey Supreme Court has determined that "[a]ffordable housing is a goal that is no longer merely implicit in the notion of the general welfare. It has been expressly recognized as a governmental end and codified under the FHA." Holmdel Builders Ass'n v. Holmdel, 121 N.J. 550, 567 (1990).
(7)
Since then, New Jersey's courts have consistently recognized that "[t]he public policy of this State has long been that persons with low and moderate incomes are entitled to affordable housing," and furthermore that those policies do not end when a municipality has satisfied its minimum obligation under the FHA because "'[t]here cannot be the slightest doubt that shelter, along with food, are the most basic human needs.'" Homes of Hope, Inc. v. Eastampton Tp, Land Use Planning Bd., 409 N.J. Super. 330, 337 (App. Div. 2009) (quoting Mount Laurel I, 67 N.J. at 178).
B.
Affordable housing set-aside. A mandatory affordable housing set-aside requirement shall apply beginning with the effective date of this section to any residential development, including the residential portion of a mixed-use project, which consists of five or more new residential units at six units per acre or higher, or equivalent, which results, in whole or in part, from: i) a municipal rezoning or zoning amendment adopted after the effective date of this section, April 10, 2023; ii) any variance pursuant to N.J.S.A. 40:55D-70d, including but not limited to any use variance or a density variance increasing the permissible density or FAR; and iii) the adoption of a new or amended redevelopment plan or rehabilitation plan. The set-aside shall be 20% where the affordable units are provided for for-sale and 15% where the affordable units are provided for rental.
C.
Additional incentives for affordable housing. A developer subject to the mandatory affordable housing set-aside may request, and the appropriate approving authority may, at its discretion, grant, additional incentives for affordable housing, including but not limited to a density bonus, a reduction in the off-street parking spaces otherwise required, and/or a reduction in the minimum setback requirements.
D.
Other terms applicable. The following terms shall apply to any residential development subject to the mandatory affordable housing set-aside:
(1)
All subdivision and site plan approvals of qualifying developments shall be conditioned upon compliance with the provisions of the mandatory affordable housing set-aside.
(2)
No subdivision shall be permitted or approved for the purpose of avoiding compliance with the mandatory affordable housing set-aside. A developer may not, for example, subdivide a project into two lots and then plan each of them to produce a number of units below the threshold. The approving authority may impose any reasonable conditions to ensure such compliance.
(3)
In the event the number of affordable housing units to be provided includes a fraction, the number shall be rounded up if the fractional amount is 0.5 or greater and rounded down if the fractional amount is less than 0.5. The developer shall provide a payment in lieu of constructing affordable units for the fraction of a unit less than 0.5. The payment in lieu shall be based on the amounts established in N.J.A.C. 5:97-6.4(c).[2]
[2]
Editor's Note: So in original. The provisions of N.J.A.C. 5:97 expired on 6-2-2015.
(4)
All affordable units created shall fully comply with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC"), including but not limited to the required bedroom and income distribution, with the sole exception that 13% of the affordable units shall be required to be restricted for very-low-income households earning 30% or less of the median income pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. ("FHA").
(5)
At least 50% of the affordable units within each bedroom distribution shall be affordable to low-income households, inclusive of the at least 13% of units affordable to very-low-income households.
(6)
The very-low-income affordable units shall be proportionately distributed within each bedroom distribution. In a family non-age-restricted development, at no time shall the number of one-bedroom very-low-income units exceed the number of three-bedroom very-low-income units.
(7)
Affordable units shall be integrated with the market-rate units on-site, and the affordable units shall not be concentrated in separate buildings or in separate areas from the market-rate units. In buildings with multiple dwelling units, this shall mean that the affordable units shall be generally distributed within each building with market-rate units. The affordable units shall also be of the same type as the market-rate units (e.g., if the market-rate units are non-age-restricted family units, the affordable units shall be non-age-restricted family units as well). The residents of the affordable units shall have full and equal access to all of the amenities, common areas, and recreation areas and facilities as the residents of the market-rate units.
(8)
Affordable units shall be subject to affordability controls of at least 30 years from the date of initial occupancy and affordable deed restrictions as otherwise provided for by UHAC, with the sole exception that very low income shall be defined as at or below 30% of median income pursuant to the Fair Housing Act, and the affordability controls shall remain unless and until the municipality, in its sole discretion, takes action to extend or release the unit from such controls after at least 30 years.
(10)
Affordable units shall be affirmatively marketed in accordance with UHAC and applicable law. The affirmative marketing shall include posting of all affordable units on the New Jersey Housing Resource Center website in accordance with applicable law.
(11)
The mandatory affordable housing set-aside shall not give any developer the right to any rezoning, variance, redevelopment designation or redevelopment or rehabilitation plan approval, or any other such relief, or establish any obligation on the part of the municipality to grant such rezoning, variance, redevelopment designation, redevelopment or rehabilitation plan approval, or other such or further relief.
(12)
No developer may make a payment in lieu of constructing affordable units on-site, except for fractional units as noted in Subsection D(3), above.
(13)
Nothing in this section precludes the municipality from imposing an affordable housing set-aside in a development not required to have a set-aside pursuant to this section.
E.
Severability. If any subsection, sentence, clause or phrase of this section is, for any reason, held by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the remaining portions of this section, and they shall remain in full force and effect and shall be deemed valid and effective.
F.
Inconsistencies. In the event of any inconsistencies between the provisions of this section and any prior ordinance of the municipality, the provisions hereof shall be determined to govern and those inconsistent provisions shall be repealed to the extent of such inconsistency.
[1]
Editor's Note: This ordinance also repealed former § 230-71, Provision of affordable housing pursuant to cycle three "growth share" regulations, added 3-22-2005 by Ord. No. O-4-2005.