Morris Township City Zoning Code

RH-5: five times total tract area in acres.

RH-16: 16 times total tract area in acres.[2]

Front to front: 75 feet.

Rear to rear: 50 feet.

End to end: 30 feet.

RH-5: five times the area of tract in acres times 0.20.

RH-16: 16 times the area of tract in acres times 0.20.[4]

Low-income. Fifty percent of all lower-income units shall be affordable to families earning not more than 50% of the Newark PMSA median family income, adjusted for family size, as promulgated by COAH and as further adjusted by stratification requirements set forth elsewhere in this section.

Moderate-income. Fifty percent of all lower-income units shall be affordable to families earning not more than 80% of the Newark PMSA median family income, adjusted for family size, as promulgated by COAH and as further adjusted by stratification requirements set forth elsewhere in this section.

The developer shall not impose age restrictions upon the occupants of any low- and moderate-income unit, except as to publicly subsidized or not-for-profit senior citizen housing.

Median family income shall be recalculated on July 1 of each year based on material submitted by COAH.

Housing costs. Housing costs include:

Principal and interest. For purposes of determining housing costs, principal and interest costs shall be determined based upon a ninety-percent thirty-year fixed rate fully amortized mortgage. The interest rate shall be the interest rate prevailing in the area for such mortgage as indicated by the rates for such mortgages offered by at least three mortgage lending agencies or institutions who offer mortgages for residential real estate in Morris County and whose mortgages are available to purchasers in the subject development.

Unit size based upon bedrooms. For the purpose of determining sales prices and rental charges, the following table shall be used to determine family size based on the number of bedrooms:

Stratification. In order to provide a range of affordability for sales housing, the developer shall provide, to the extent practicable, the following distribution of prices for each 20 lower-income units:

All lower-income housing units within the RH-5 and RH-16 Zones shall be required to have covenants running with the land to control the resale price of for-sale units or to employ other legal mechanisms which shall be approved by the Township and will ensure that such housing will remain affordable to persons of lower income. Such controls shall remain in effect for at least 30 years from the date of initial sale, and for 30 years from the date of each subsequent resale of any low- or moderate-income unit that is resold during the thirty-year period following the date of initial sale. A lower-income housing unit may not be resold for a price greater than the initial sales price plus the initial sales price multiplied by the percentage increase in the consumer price index between the date of initial sale and the date of listing for resale with the Municipal Housing Liaison, plus the cost of reasonable capital improvements. The cost of capital improvements may be added to the resale price only where the improvements render the unit suitable for a larger household, the cost of the improvements has been determined to be reasonable by the HAC and the resale price, including the cost of the capital improvements, does not exceed the maximum price for which the unit could be resold if it had initially been constructed to accommodate the larger household.

Rental units shall remain affordable to lower-income households, as defined in Subsection A, for a period of at least 30 years from the date of initial rental. Rents may be increased annually based upon the change in median income as reported by the New Jersey Council on Affordable Housing. The owners of all rental units shall provide legal documentation, to be approved by the Township, to ensure that rental units remain affordable to lower-income households for at least 30 years from the date of initial rental.

In the event that no low- or moderate-income purchaser is found within 60 days after the unit is listed for sale with the Municipal Housing Liaison by notification in writing, the low-income unit may be sold to a moderate-income purchaser or, if none is available, to any interested purchaser and the moderate-income unit to any interested purchaser.[5]

Advertising; applications; waiting list.

The developer shall formulate and implement a written affirmative marketing plan acceptable to the HAC. The affirmative marketing plan shall be realistically designed to ensure that lower-income persons of all races and ethnic groups are informed of the housing opportunities in the development. The marketing plan shall include advertising and other similar outreach activities.

Rental units may be converted to condominium units after 15 years from the date of the initial rental, but any sale of condominium units shall be restricted to persons meeting moderate-income eligibility standards. After 30 years from the date of the issuance of the initial certificate of occupancy, including both rental and condominium occupancy, all such units may be sold or rented without restriction.

Schedule for phasing.

Any development in RH-5 and RH-16 Zoning Districts for which a general development plan (GDP), subdivision or site plan has been approved shall be considered a single development for purposes of this subsection, regardless of whether parts or sections of the development are sold or otherwise disposed of to persons or legal entities other than the one which received approval. All such approvals and conditions of approval shall run with the land. Any tracts or parcels sold shall include documentation satisfactory to the Township setting forth the requirements for low- and moderate-income housing units.

Notwithstanding any ordinance requirement of the Township of Morris, the applicable approving agency may waive the following fees when requested by the applicant at the time of application for every unit designated as lower-income housing:

The Township shall endorse and support any application or waiver of water connection and application fee.

To promulgate rules and regulations necessary to implement the policies and goals of this section. Such rules and regulations shall be in the form of recommendations and shall be forwarded to the Township Committee for consideration and adoption by ordinance.

To review and monitor the work of the Municipal Housing Liaison in order to assure that the rules and regulations pertaining to lower-income housing are being carried out.[8]

To approve the sale and resale prices and rentals of lower-income units.

To approve the installation of improvements or amenities within or as part of low or moderately priced housing units once the units are occupied, which would increase the resale price and rentals of such units, and to control the low and moderately priced dwelling unit resale price adjustments for homeowner-installed improvements.

To prepare and forward to the Township Committee of the Township of Morris such rules and regulations as it deems necessary or appropriate to implement the purposes of this section. Said rules and regulations shall be considered by the Township Committee, which shall have the authority to implement them, in whole or in part, by ordinance.

To hold hearings and hear appeals from families who believe themselves to be qualified for low- or moderate-income housing but have been rejected by the Municipal Housing Liaison.[9]

To publicize the Township's affordable housing program and encourage developers to build low- and moderate-income housing.

To hold hearings and make determinations involving the allocations of assessment or maintenance fee costs.

The HAC shall consist of seven members, all of whom shall be appointed by the Mayor with the advice and consent of the Township Committee. The membership of the HAC shall consist of two members of the Township Committee, one member of the Planning Board, two residents of the Township holding no other official position, the Municipal Housing Liaison, and a resident occupying lower-income housing. The Mayor shall annually designate one member to serve as Chairperson of the HAC.[10]

Attendance by four members shall constitute a quorum. Passage of any motion requires an affirmative vote by a majority of members present.

The initial term of office of HAC members shall be one, two or three years, to be designated by the Mayor in making the appointment.

The following transactions shall be deemed nonsales for purposes of this section, and the owner receiving title by virtue of any of the following transactions shall be entitled to receive from the Township a statement of exemption:

Such transfer of ownership by any of the above causes neither extinguishes the restrictions and applicability of this section to such affordable unit nor terminates any liens on the unit. Liens must be satisfied in full prior to the subsequent resale of the affordable unit, and all such subsequent resales are fully subject to the terms and provisions of this section.