Mendham Township City Zoning Code
§ 500-8
Reuse and Reconstruction of Existing Building Overlay Zone.
[Added 3-25-2008 by Ord. No. 4-2008; amended 12-23-2014 by Ord. No. 12-2014; 10-25-2016 by Ord. No. 17-2016; 2-27-2018 by Ord. No. 3-2018]
A.
Alternate reuse of existing buildings. In addition to the uses permitted in the underlying R-10 Zone, any combination of the following uses are permitted as a conditional use provided that the standards of § 500-4F(2)(h), Reuse and reconstruction of existing buildings, are met:
(1)
Principal permitted uses.
(a)
Governmental uses.
(b)
Churches, houses of worship, and related religious uses.
(c)
Elementary, intermediate and high schools teaching academic subjects.
(d)
Public assembly hall or theater ancillary to Subsection A(1)(a), (b), or (c) above.
(e)
Non-profit office uses.
(f)
Assisted living facility.
(g)
Hospice.
(h)
Intermediate care facility.
(i)
Long-term care facility.
(j)
Residential units.
(k)
Day care facility.
(l)
Gymnasium use in the existing gymnasium building.
(m)
Residences for onsite employees of the uses located in the Reuse and Reconstruction of Existing Buildings Overlay District.
(n)
Administrative offices for building owners.
(2)
Permitted accessory uses. Any use normally accessory and incidental to the principal permitted use.
(3)
Affordable housing obligation.
(a)
The developer using this overlay option shall either construct affordable housing units off-site or make a payment in lieu of construction, such election shall be made prior to the approval of the first construction permit. The number of affordable units to be constructed off-site or the amount of payment in lieu of construction shall be equal to 5% of the total number of dwelling units proposed in the project. In the alternative, the developer may elect to pay a "development fee" equal to three quarters of one percent (0.0075) of the equalized assessed value of the new and/or reconstructed units at the site consistent with applicable Council on Affordable Housing (COAH) regulations.
(b)
Payment of the fee.
[1]
Developers shall pay 50% of the estimated development fee to the Township at the issuance of building permits. At the issuance of certificates of occupancy for each unit, the appropriate development fee shall be based on the percent of equalized assessed value of the development and the remaining portion of the fee, as appropriate, shall be paid. The developer shall be responsible for paying the difference between the fee calculated at building permit and paid at issuance of a certificate of occupancy.
[2]
In the event any of the conditions described in N.J.A.C. 5:97-8-13(a)[1] occur, the Council shall be authorized, on behalf of the municipality, to direct the manner in which all funds in the affordable housing trust fund shall be expended. Such revenues shall immediately become available for expenditure once the Council has notified the Municipal Clerk and Chief Financial Officer that such a condition has occurred. In furtherance of the foregoing, Mendham Township shall, in establishing its housing trust fund pursuant to N.J.A.C. 5:97-8.1, ensure that the Township has provided written authorization, in the form of an escrow agreement, to permit the Council to direct the disbursement of such revenues from the account following the delivery to the bank of the aforementioned written notification provided by the Council to the Township's Clerk and Chief Financial Officer.
[1]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, N.J.A.C. 5:97 expired on 6-2-2015.
[3]
Fees shall be collected and held in escrow until COAH has approved the Township Affordable Housing Plan or other use is approved.
[4]
Imposed and collected developer's fees that are challenged shall be placed in an interest-bearing escrow by Mendham Township. If all or a portion of the contested fees are returned to the developer, the accrued interest on the returned amount shall also be returned.
[5]
Payment and collection shall be as prescribed in Form N-RDF or any authorized replacement.
(4)
Housing trust fund.
(a)
There is hereby created an interest-bearing housing trust fund to be maintained in a designated depository institution approved by the Township Committee for the purpose of receiving the development fees from residential (and nonresidential) developers. All development fees paid by developers pursuant to this subsection shall be deposited in this fund. No money shall be expended from the housing trust fund unless the expenditure conforms to a spending plan approved by COAH.
(b)
If COAH determines that the Township of Mendham is not in conformity with COAH's rules on development fees, COAH is authorized to direct the manner in which all development fees collected pursuant to this section shall be expended. Such authorization is pursuant to this subsection, COAH's rules on development fees and the written authorization from the Township Committee to the depository for the fund.
(c)
In establishing the housing trust fund, the Township shall provide written authorization, in the form of a three-party escrow agreement among the Township, the bank and COAH, to permit COAH to direct the disbursement of funds as provided for in N.J.A.C. 5:97-8.13(b).[2] This three-party escrow agreement shall be submitted to COAH within seven days from the opening of the trust fund account. All interest accrued in the housing trust fund shall be affordable housing activities approved by COAH.
[2]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, N.J.A.C. 5:97 expired on 6-2-2015.
(5)
Use of funds.
(a)
Money deposited in a housing trust fund may be used for any activity approved by COAH for addressing the Township's low- and moderate-income housing obligation. Such activities may include, but are not necessarily limited to: housing rehabilitation, new construction, regional contribution agreements, the purchase of land for low- and moderate-income housing, extensions and/or improvements of roads and infrastructure to low- and moderate-income housing sites; assistance designed to render units to be more affordable to low- and moderate-income households, and administrative costs necessary to implement Mendham Township's housing element. The expenditure of all money shall conform to a spending plan approved by COAH.
(b)
At least 30% of the revenue collected shall be devoted to render units more affordable. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of median income by region. Examples of such activities include, but are not limited to, down payment assistance, low-interest loans, rental assistance, and rehabilitation.
(c)
No more than 20% of the revenues shall be expended on administrative costs necessary to develop, revise or implement the housing element. Examples of eligible administrative activities include: personnel, consultant services, space costs, consumable supplies, and rental or purchase of equipment.
(d)
Development fee revenues are not to be expended to reimburse Mendham Township for housing activities that preceded first- or second-round substantive certification.
(e)
Mendham Township shall complete and return to COAH all monitoring forms included in the annual monitoring report related to the collection of development fees from residential and nonresidential developers, payment in lieu of constructing affordable housing on-site and funds from the sale of units with extinguished controls, and the expenditure of revenues and implementation of the plan certified by COAH. All monitoring reports shall be completed on forms designed by COAH.
B.
Permitted departure from the requirements and conditions of the Reuse and Reconstruction of Existing Buildings Overlay Zone.
(1)
Demolition of buildings and structures allowed upon showing of certain conditions. In the case of a residential unit development, in a townhouse configuration, located within the Overlay District, the Planning Board or in certain cases, the Board of Adjustment may allow for the demolition of existing buildings and structures, upon the demonstration (as determined by the reviewing body) of (one or more) some or all of the following factors.
(a)
Findings allowing for the demolition of certain buildings and structures within the R-10 overlay zone.
[1]
The structures are obsolete.
[2]
The structures present no economic value.
[3]
The cost to re-adapt, re-purpose and re-use the structures exceeds the utility to be gained thereby.
[4]
The structures do not lend themselves to the approved project.
[5]
Any other reasons acceptable to the reviewing body. (Any other reason related to the viability of the repurposing or reuse of the structure.)