Ocean Township City Zoning Code
ARTICLE III
LAND USE PROCEDURES
§ 21-7 PURPOSE.
[Adopted 1-8-1992 by Ord. No. 1564]
It is the intent of this section that the procedural requirements of the Municipal Land Use Law (MLUL) (N.J.S.A. 40:55D-1 et seq.) govern the Land Use and Development Procedures of the Township of Ocean. There are, however, several instances where the MLUL requires a municipality to make choices among alternatives. This chapter identifies the choices made by the Township of Ocean. The Municipal Land Use Law should be referenced for all other provisions.
§ 21-8 REQUIREMENTS FOR SUBMITTAL OF APPLICATION FOR DEVELOPMENT.
[Adopted 1-8-1992 by Ord. No. 1564, amended 3-19-1997 by Ord. No. 1770]
An application for development, as defined in the Municipal Land Use Law, shall be required as provided for in this chapter.
§ 21-9 FEES.
[Adopted 1-8-1992 by Ord. No. 1564, amended 12-12-1992 by Ord. No. 1610, 11-20-1995 by Ord. No. 1716, 8-21-1996 by Ord. No. 1746, 9-18-1996 by Ord. No. 1748, 12-4-1996 by Ord. No. 1754, 3-19-1997 by Ord. No. 1770, 6-2-1999 by Ord. No. 1831, 12-24-2000 by Ord. No. 1873, 10-24-2001 by Ord. No. 1901, 12-18-2006 by Ord. No. 2059, 3-19-2007 by Ord. No. 2066, 1-7-2008 by Ord. No. 2083, 11-9-2009 by Ord. No. 2140, 12-5-2011 by Ord. No. 2177b; 9-23-2021 by Ord. No. 2366; 9-23-2021 by Ord. No. 2366; 2-22-2024 by Ord. No. 2455]
The Municipal Agency shall charge fees as set forth hereinafter which shall be non-refundable and which shall be for the purpose of offsetting in-house administrative, clerical, and technical costs, exclusive of expenses for professional consultants, such as legal, planning, engineering, and other professional fees, costs, and expenses. Such professional fees shall be designated as escrow fees and as referred to hereinafter.
The Township shall furnish a copy of the fee schedule upon request.
a.
Site Plans.
Preliminary | ||
|---|---|---|
Acres | Per Acre | |
0-2 | $1,000 | $1,000 |
2-10 | $1,800 plus | $1,000 |
10-25 | $5,000 plus | $800 |
25-100 | $8,000 plus | $700 |
100 & up | $15,500 plus | $600 |
Final | ||
|---|---|---|
Acres | Per Acre | |
0-2 | $500 | $500 |
2-10 | $700 plus | $700 |
10-25 | $1,700 plus | $600 |
25-100 | $2,800 plus | $575 |
100 & up | $6,600 plus | $550 |
Amended Site Plan | $1,500 |
Minor Site Plan | $1,500 |
Minor Site Plan Subcommittee Review If required by the Planning Administrator: | $750 |
Extension of Site Plan Approval Pursuant to N.J.S.A. 40:55D-52 | $1,500 |
Trash and Recyclables Materials Storage Area | $500 |
Flag Pole Plan | $150 |
$500 |
WAIVER: |
|---|
The site plan fee may be waived by the Township Council by resolution upon application by nonprofit corporations devoted to recreational purposes under Title 15 of the Revised General Statutes of New Jersey and applications by the Fire Districts and Sewerage Authority within the Township of Ocean. |
b.
Subdivisions.
Classification (Required on all Subdivisions) | $500 | |
Amended Subdivision | $850 | |
Minor (2 to 4 lots) | $1,000 plus | $250 per lot |
Major Preliminary | $850 plus | $250 per lot |
Final | $500 plus | $250 per lot |
c.
Variances.
N.J.S.A. 40:55D-68 | (Certification of Use) | $1,500 |
N.J.S.A. 40:55D-70a | (Appeals) | $1,500 |
N.J.S.A. 40:55D-70b | (Interpretations) | $1,500 |
N.J.S.A. 40:55D-70c | (Hardship) | |
Single Family Residential | $1,500 | |
All others | $1,500 | |
N.J.S.A. 40:55D-70d | (Use) | |
Single family residential, per unit | $1,500 | |
Multifamily residential/Townhouse, per unit | $1,500 | |
Commercial and Industrial | $1,500 |
d.
Conditional Uses: $1,500.
e.
Official Map Appeals: $1,000.
f.
Appeals to governing body: $1,000.
h.
Whenever an application for development shall include more than one request or action, the total accumulated fees of each separate action shall be charged.
i.
Professional Review Fees. The Municipal Agency may require the payment of fees into an escrow account for the purpose of reimbursing the Township for direct fees, costs, charges, and expenses of professional consultants retained by or on behalf of the Township, its boards, or agencies and employees and staff of the Township, its boards or agencies in reviewing and testifying and/or assisting the Township in the processing of applications pursuant to the ordinances of the Township and/or assisting the Township in the evaluation, planning, and proper design of municipal services and facilities in order to meet the needs of the proposed project. Such escrow account will be based upon the following schedules:
Site Plans: | |
Major (Preliminary and/or Final) |
Total Initial Escrow Fee | ||||
|---|---|---|---|---|
ACRE | 0-2 | $3,500 | ||
2-10 | $5,000 | |||
10-25 | $7,000 | |||
25-100 | $11,000 | |||
100 & up | $15,000 | |||
Minor Site Plan | $2,500 | |||
Minor Site Plan Subcommittee Review if required by the Planning Administrator | $1,500 | |||
Amended Site Plan | $1,500 | |||
Extended Site Plan Approval (Pursuant to N.J.S.A. 40:55D-52) | $1,000 | |||
Subdivision: | ||||
Amended Subdivision: | $1,500 | |||
Minor | (2 to 4 lots) | $2,500 | ||
Major | (5 to 12 lots) | $3,500 | ||
(13 to 24 lots) | $4,500 | |||
(25 to 50 lots) | $5,500 | |||
(51 and up) | $11,000 | |||
N.J.S.A. 40:55D-67 | (Conditional Use) | $1,500 | ||
N.J.S.A. 40:55D-68 | (Certification of Use) | $1,500 | ||
N.J.S.A. 40:55D-70a | (Appeals) | $1,500 | ||
N.J.S.A. 40:55D-70b | (Interpretations) | $1,500 | ||
N.J.S.A. 40:55d-70c | (Bulk Variance) Nonresidential | $1,500 | ||
N.J.S.A. 40:55d-70d | (Use Variance) | $2,500 | ||
No professional reviews will be undertaken until the escrow has been established. If, in the judgment of the Planning Board or Board of Adjustment, additional funds are required after 75% of the original escrow account has been exhausted, these monies shall be paid to the appropriate account or accounts. |
j.
Inspection of Improvements. The fee for inspection for improvements for site plans, subdivisions, and single lot residential development shall be calculated at the rate of 5% of the cost of improvements or $500, whichever is greater.
For those developments for which the fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the fees. When the balance on deposit drops to 10% of the fee because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall make additional deposits of 25% of the fees. The Municipal Engineer shall not perform any inspections if sufficient funds to pay for those inspections are not on deposit.
k.
Special Meetings for Planning Board or Board of Adjustment.
If the Board of Adjustment or Planning Board is requested to, and decides to hear an application at one or more special meetings, the applicant(s) shall pay an additional $3,500 for each special meeting at which the matter is heard.
Should a requested special meeting be held at any location other than in the Public Meeting Room at Town Hall, the applicant(s) shall be responsible for any and all additional expenses incurred by the Township of Ocean as a result of having to re-locate said meeting. The amount of such costs shall be provided to the applicant and shall be paid, in escrow, prior to the scheduling of said special meeting.
[Amended 8-9-1916 by Ord. No. 2277]
l.
Conceptual Review. At the request of a developer, the Planning Board shall grant an informal review of a concept plan for development for which the developer intends to prepare and submit an application for development. The fees for such an informal review are:
Application Fee | $500 |
Escrow for Professional Review | $500 |
The amount of any fees for such an informal review shall be a credit toward fees for review of the application for development if applied for within 180 days of such an informal review. |
m.
Legal Reviews by Township Attorney.
Guarantee Review: | (per review) |
|---|---|
Review of performance guarantee by Township Attorney | $250 |
Review of maintenance guarantee by Township Attorney | $250 |
Guarantee Review | (per review) |
Preparation of developer's agreements by Township Attorney | $500 |
Preparation of extension to developer's agreement | $150 |
Miscellaneous reviews Master Deed, Certificate of Incorporation, Bylaws, Unit Deeds, etc. | $250 |
n.
Site Plan Charges Computation. In cases where only a portion of a parcel or site are to be involved in the proposed site plan, the site area charge shall be based upon an area extending 20 feet outside the limits of all construction, including grading and landscaping as well as all other areas of the site the Township Engineer believes are reasonably affected by the development application. The 20 feet around the disturbed area shall not extend beyond the property lines. The Township may still require reasonable improvements and upgrading to the portions of the site not within the disturbed or affected areas.
o.
Reviews and Inspections by the Township Engineer.
1.
Grading Plans.
Structures over 200 sf including but not limited to Pools/Tennis Courts/Sports Courts/additions/decks/patios | ||
$350 | for the original submittal and site visit | |
$75 | for each re-submittal or re-inspection | |
$250 | for the final as-built submittal and site visit | |
$75 | for each final as-built re-submittal or re-inspection | |
Single Lot, Residential | ||
$350 | For the original submittal and site visit | |
$75 | for each re-submittal or re-inspection | |
$300 | for the final as-built submittal and site visit | |
$75 | for each final as-built re-submittal or re-inspection | |
2.
Miscellaneous Inspections.
$150 | Driveways with new curb cuts or aprons |
$150 | Curb Installation |
$150 | Sidewalk Installation in Right-of-Way |
$75 | for each re-inspection |
p.
Zoning Permits. Zoning permits shall be required for the following items:
Single family homes | $150 |
Single family additions | $100 |
Inground pools (w/fence) | $100 |
Above ground pools/spas/hot tubs | $75 |
Fences | $75 |
Demolition | $75 |
Dumpsters/storage containers/PODS® | $75 |
Decks | $75 |
Sheds/driveways/patios/pads | $75 |
Generators/ac condensers | $75 |
Commercial building | $250 |
Commercial addition | $150 |
Tenant fit up/interior renovations | $150 |
Signage | $100 |
Commercial accessory structures/buildings | $150 |
q.
Zoning Letters.
Residentially-zoned property: | $150 |
All others | $250 |
r.
Stormwater Detention and Retention Systems. Fees for inspection and management of stormwater detention and retention systems shall be as listed in Schedule I Stormwater Management Fund Calculation as provided at the end of subsection 21-55.14
s.
All Zoning application fees are non-refundable.
§ 21-9A.1 Purpose.
[Added 5-16-2011 by Ord. No. 2167]
a.
In Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules.
b.
Pursuant to P.L. 2008, c. 46, Section 8 (N.J.S.A. 52:27D-329.2) and the Statewide Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7), COAH was authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of a court of competent jurisdiction may retain fees collected from nonresidential development.
[Amended 1-30-2020 by Ord. No. 2331]
c.
In Re: Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable Housing, 221 N.J. 1 (2015), also known as "the Mount Laurel IV decision," the Supreme Court remanded COAH’s duties to the Superior Court. As a result, affordable housing development fee collections and expenditures from the municipal affordable housing trust funds to implement municipal third-round fair share plans through July 7, 2025, are under the Court’s jurisdiction and are subject to approval by the Court.
[Amended 1-30-2020 by Ord. No. 2331]
d.
This section, codified as § 21-9A, establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH’s regulations and in accordance with P.L. 2008, c. 46, Sections 8 and 32 through 38. Fees collected pursuant to this section shall be used for the sole purpose of providing low- and moderate-income housing. This section shall be interpreted within the framework of COAH’s rules on development fees, codified at N.J.A.C. 5:93-8.
[Added 1-30-2020 by Ord. No. 2331]
§ 21-9A.2 Basic Requirements.
[Added 5-16-2011 by Ord. No. 2167; amended 1-30-2020 by Ord. No. 2331]
a.
The Township’s Development Fee Ordinance, which originally received Court approval in 2011, remains effective pursuant to the Superior Court’s jurisdiction in accordance with N.J.A.C. 5:93-8.
b.
At such time that the Court approves the Township’s Third-Round Housing Element and Fair Share Plan and its third-round spending plan, the Township may begin spending development fees in conformance with N.J.A.C. 5:93-8.
§ 21-9A.3 Definitions.
[Added 5-16-2011 by Ord. No. 2167]
The following terms, as used in § 21-9A, shall have the following meanings:
Shall mean 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.
Shall means the New Jersey Council on Affordable Housing established under the Act which had primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the state.
[Amended 1-30-2020 by Ord. No. 2331]
Shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
Shall mean money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.
Shall mean 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 (C. 54:1-35a through C. 54:1-35c).
Shall mean those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
§ 21-9A.4 Residential Development Fees.
[Added 5-16-2011 by Ord. No. 2167; amended 1-30-2020 by Ord. No. 2331; 1-9-2025 by Ord. No. 2492]
a.
Imposed Fees.
1.
Within all zoning districts, residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1.5% of the equalized assessed value for residential development, provided no increased density is permitted.
2.
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers may be required to pay a development fee of 6% of the equalized assessed value for each additional unit that may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.
Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1 1/2% of the equalized assessed value on the first two units; and the specified higher percentage up to 6% of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.
b.
Eligible Exactions, Ineligible Exactions and Exemptions for Residential Development.
1.
Affordable housing developments, developments where the developer is providing for the construction of affordable units elsewhere in the municipality, and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.
2.
Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.
3.
Development fees shall be imposed and collected when an existing residential structure is demolished and replaced. However, owner-occupied residential structures demolished and replaced as a result of a fire, flood or natural disaster shall be exempt from paying a development fee.
4.
Developers of new single-family detached dwelling units built on an infill lot or as part of a minor subdivision shall pay a development fee.
5.
Except as enumerated above, development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, or is expanded. The development fee shall be calculated on the increase in the equalized assessed value of the improved or expanded structure.
§ 21-9A.5 Nonresidential Development Fees.
[Added 5-16-2011 by Ord. No. 2167]
a.
Imposed Fees.
1.
Unless otherwise prohibited by law, within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new nonresidential construction on an unimproved lot or lots.
2.
Nonresidential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for nonresidential purposes.
3.
Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the preexisting land and improvement and the equalized assessed value of the newly improved structure, i.e. land and improvement, at the time final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the nonresidential development fee shall be zero.
b.
Eligible Exactions, Ineligible Exactions and Exemptions for Nonresidential Development.
1.
The nonresidential portion of a mixed-use inclusionary or market rate development shall be subject to the 2.5% development fee, unless otherwise exempted below.
2.
The 2.5% fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.
3.
Nonresidential developments shall be exempt from the payment of nonresidential development fees in accordance with the exemptions required pursuant to P.L. 2008, c. 46, as specified in the Form N-RDF "State of New Jersey Nonresidential Development Certification/Exemption" Form. Any exemption claimed by a developer shall be substantiated by that developer.
4.
A developer of a nonresidential development exempted from the nonresidential development fee pursuant to P.L. 2008, c. 46 shall be subject to it at such time as the basis for the exemption no longer applies, and shall make the payment of the nonresidential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the nonresidential development, whichever is later.
5.
If a property which was exempted from the collection of a nonresidential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid nonresidential development fees under theses circumstances may be enforceable by Ocean Township as a lien against the real property of the owner.
§ 21-9A.6 Collection Procedures.
[Added 5-16-2011 by Ord. No. 2167]
a.
Upon the granting of a preliminary, final or other applicable approval, for a development, the applicable approving authority shall direct its staff to notify the Construction Official responsible for the issuance of a building permit.
b.
For nonresidential developments only, the developer shall also be provided with a copy of Form N-RDF "State of New Jersey Nonresidential Development Certification/Exemption" to be completed as per the instructions provided. The developer of a nonresidential development shall complete Form N-RDF as per the instructions provided. The Construction Official shall verify the information submitted by the nonresidential developer as per the instructions provided in the Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.
c.
The Construction Official responsible for the issuance of a building permit shall notify the local Tax Assessor of the issuance of the first building permit for a development which is subject to a development fee.
d.
Within 90 days of receipt of that notice, the municipal Tax Assessor, based on the plans filed, shall provide an estimate of the equalized assessed value of the development.
e.
The Construction Official responsible for the issuance of a final certificate of occupancy notifies the local Assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.
f.
Within 10 business days of a request for the scheduling of a final inspection, the municipal Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.
g.
Should Ocean Township fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b of section 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).
[Amended 1-30-2020 by Ord. No. 2331]
h.
50% of the development fee shall be collected at the time of issuance of the building permit. The remaining portion shall be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.
i.
Appeal of Development Fees.
1.
A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest bearing escrow account by Ocean Township. Appeals from a determination of the Board may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
2.
A developer may challenge nonresidential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest bearing escrow account by Ocean Township. Appeals from a determination of the Director may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.
§ 21-9A.7 Affordable Housing Trust Fund.
[Added 5-16-2011 by Ord. No. 2167]
a.
A separate, interest-bearing Housing Trust Fund has been established and will continue to be maintained by the Chief Financial Officer for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.
[Amended 1-30-2020 by Ord. No. 2331]
b.
The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:
1.
Payments in lieu of on-site construction of affordable units;
2.
Developer contributed funds to make 10% of the adaptable entrances in a townhouse or other multi-story attached development accessible;
3.
Rental income from municipally operated units;
4.
Repayments from affordable housing program loans;
5.
Recapture funds;
6.
Proceeds from the sale of affordable units; and
7.
Any other funds collected in connection with Ocean Township's affordable housing program.
c.
Ocean Township has previously provided COAH with written authorization, in the form of a three-party escrow agreement between the municipality, Investor's Bank, and COAH, to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:93-8. COAH-approved the tri-party escrow agreement in 2015. The Superior Court shall now have such jurisdiction to direct the disbursement of the Township’s trust funds per N.J.A.C. 5:93-8.
[Amended 1-30-2020 by Ord. No. 2331]
d.
All interest accrued in the Housing Trust Fund shall only be used on eligible affordable housing activities approved by the Court.
[Amended 1-30-2020 by Ord. No. 2331]
§ 21-9A.8 Use of Funds.
[Added 5-16-2011 by Ord. No. 2167]
a.
The expenditure of all funds shall conform to a spending plan approved by the Court. Funds deposited in the Housing Trust Fund may be used for any activity approved by the Court to address Ocean Township's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, or regional housing partnership programs, conversion of existing nonresidential buildings to create new affordable units, green building strategies designed to be cost saving and in accordance with accepted national or state standards, purchase of land for affordable housing, improvement of land to be used for affordable housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, administration necessary for implementation of the Housing Element and Fair Share Plan, or any other activity as permitted pursuant to N.J.A.C. 5:93-8.16 and specified in the approved spending plan.
[Amended 1-30-2020 by Ord. No. 2331]
b.
Funds shall not be expended to reimburse Ocean Township for past housing activities.
c.
At least 30% of all development fees collected and interest earned shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. 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.
1.
Affordability assistance programs may include down payment assistance, security deposit assistance, low interest loans, rental assistance, assistance with homeowners' association or condominium fees and special assessments, and assistance with emergency repairs.
2.
Affordability assistance to households earning 30% or less of median income may include buying down the cost of low or moderate-income units in the municipal Fair Share Plan to make them affordable to households earning 30% or less of median income.
3.
Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
d.
Ocean Township may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:93-816.
[Amended 1-30-2020 by Ord. No. 2331]
e.
No more than 20% of all revenues collected from development fees, may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or objecting to the Council's regulations and/or action are not eligible uses of the Affordable Housing Trust Fund.
§ 21-9A.9 Monitoring.
[Added 5-16-2011 by Ord. No. 2167; amended 1-30-2020 by Ord. No. 2331]]
a.
On or about June 25 of each year through 2025, Ocean shall provide annual reporting of trust fund activity to the DCA, COAH, or NJLGS, or other entity designated by the State of New Jersey, with a copy provided to the Fair Share Housing Center and posted on the municipal website, using forms developed for this purpose by the DCA, COAH, or NJLGS. This reporting shall include an accounting of all Housing Trust Fund activity, including the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with Ocean Township's housing program, as well as to the expenditure of revenues and implementation of the plan approved by the Court.
§ 21-9A.10 Ongoing Collection of Fees.
[Added 5-16-2011 by Ord. No. 2167; amended 1-30-2020 by Ord. No. 2331]
a.
The ability for Ocean Township to impose, collect and expend development fees shall expire with its Court-issued judgment of compliance unless Ocean Township has filed an adopted Housing Element and Fair Share Plan with the Superior Court or other appropriate jurisdiction, has filed a declaratory action seeking a judgment of repose, and has received the Court's approval of its Development Fee Ordinance. If Ocean Township fails to renew its ability to impose and collect development fees prior to the expiration of its judgment of compliance, it may be subject to forfeiture of any or all funds remaining within its municipal trust fund. Any funds so forfeited shall be deposited into the New Jersey Affordable Housing Trust Fund established pursuant to Section 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320). Ocean Township shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its judgment of compliance, nor shall Ocean Township retroactively impose a development fee on such a development. Ocean Township shall not expend development fees after the expiration of its judgment of compliance.
§ 21-9A.11 Nonresidential Fee Provisions.
[Added 5-16-2011 by Ord. No. 2167]
This ordinance and the provisions set forth in Subsections 21-9A.1 through 21-9A.10 above are being adopted in accordance with Section 8 of P.L. 2008, c. 46 (N.J.S.A. 52:27D-329.2(a)) and the policies, procedures and requirements of the New Jersey Council on Affordable Housing ("COAH"). Pursuant to COAH's requirements for approval of a municipal development fee ordinance and the model ordinance promulgated by COAH, the Township is required to, and has, included provisions for the assessment and collection of nonresidential development fees. Notwithstanding the inclusion of such provisions as required by COAH, the Township notes and acknowledges that recently there have been legislative enactments impacting upon the collection of nonresidential development fees, including but not limited to, Sections 32 through 38 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.1 through 40:55D-8.7), known as the "Statewide Nonresidential Development Fee Act," and Sections 36 through 41 of P.L. 2009, c. 90, known as the "Economic Stimulus Act of 2009." The Township shall continue to abide by the applicable law concerning the collection of nonresidential development fees.
§ 21-9B.1 General Program Purposes, Procedures.
[Added 10-13-2016 by Ord. No. 2281]
a.
Affordable Housing Obligation.
1.
This § 21-9B of the Township’s Comprehensive Land Development Ordinance sets forth regulations regarding the very-low-, 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 et seq., 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) as reflected in the terms of a settlement agreement between the Township and the Fair Share Housing Center (“FSHC”) 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 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 very-low-, low-, and moderate-income households.
[Amended 1-30-2020 by Ord. No. 2331]
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.
[Amended 1-30-2020 by Ord. No. 2331]
3.
The Township of Ocean Planning Board has adopted a Housing Element and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1, et seq. The Plan has also been endorsed by the Township Council of the Township of Ocean. The Fair Share Plan describes the ways the Township shall address its fair share for low- and moderate-income housing as previously determined by the Council on Affordable Housing ("COAH"), to be determined by the Superior Court and documented in the Township's Housing Element and Fair Share Plan.
4.
This section implements and incorporates the Fair Share Plan and addresses the requirements of N.J.A.C. 5:93, as may be amended and supplemented.
5.
The Township of Ocean shall comply with the following monitoring and reporting requirements regarding the status of the implementation of its Court-approved Housing Element and Fair Share Plan:
[Amended 1-30-2020 by Ord. No. 2331]
(a)
Beginning on June 25, 2020, and on every anniversary of that date through June 25, 2025, the Township agrees to provide annual reporting of its Affordable Housing Trust Fund activity to the New Jersey Department of Community Affairs (“NJDCA”), Council on Affordable Housing (“COAH”), or Local Government Services (“NJLGS”), or other entity designated by the State of New Jersey, with a copy provided to FSHC and posted on the municipal website, using forms developed for this purpose by the NJDCA, COAH, or NJLGS. The reporting shall include an accounting of all Affordable Housing Trust Fund activity, including the source and amount of funds collected and the amount and purpose for which any funds have been expended.
(b)
Beginning on June 25, 2020, and on every anniversary of that date through June 25, 2025, the Township agrees to provide annual reporting of the status of all affordable housing activity within the municipality through posting on the municipal website with a copy of such posting provided to FSHC, using forms previously developed for this purpose by COAH or any other forms endorsed by the Special Master and FSHC.
(c)
By July 1, 2020, as required pursuant to N.J.S.A. 52:27D-313, the Township will post on its municipal website, with a copy provided to FSHC, a status report as to its implementation of its plan and an analysis of whether any unbuilt sites or unfulfilled mechanisms continue to present a realistic opportunity. Such posting shall invite any interested party to submit comments to the municipality, with a copy to FSHC, regarding whether any sites no longer present a realistic opportunity. Any interested party may by motion request a hearing before the Court regarding these issues.
(d)
By June 25, 2022, and every third year thereafter, as required by N.J.S.A. 52:27D-329.1, the Township will post on its municipal website, with a copy provided to FSHC, a status report as to its satisfaction of its very-low-income requirements, including its family very -low-income requirements. Such posting shall invite any interested party to submit comments to the municipality and FSHC on the issue of whether the municipality has complied with its very-low-income and family very-low-income housing obligations.
6.
Applicability.
[Added 1-30-2020 by Ord. No. 2331]
(a)
The provisions of this section shall apply to all affordable housing developments and affordable housing units that currently exist and that are proposed to be created within the Township of Ocean pursuant to the Township's most recently adopted Housing Element and Fair Share Plan.
(b)
Moreover, this section shall apply to all developments that contain very-low-, low- and moderate-income housing units, including any currently unanticipated future developments that will provide very-low-, low- and moderate-income housing units.
(c)
Projects receiving federal low-income housing tax credit financing shall comply with the income and bedroom distribution requirements of UHAC at N.J.A.C. 5:80-26.3 (with the exception that the UHAC requirement for 10% of the affordable units in rental projects being required to be at 35% of median income be modified as required by the statutory requirement, N.J.S.A. 52:27D-329.1, to 13% of affordable units in such projects shall be required to be at 30% of median income) and the length of the affordability controls applicable to such projects shall be not less than a 30 year compliance period, plus a fifteen-year extended use period.
7.
Township-wide mandatory set-aside.
[Added 1-30-2020 by Ord. No. 2331]
(a)
A multifamily development providing a minimum of five new housing units created through a municipal rezoning; Zoning Board use or density variance; redevelopment plan or rehabilitation plan that provide for densities at or above six units per acre is required to include an affordable housing set-aside of 20% if the affordable units will be for sale and 15% if the affordable units will be for rent.
(b)
At least 50% of the affordable units in each development shall be affordable to low-income housing. At least 13% of all affordable units in rental developments shall be affordable to very-low-income households.
(c)
All such affordable units, including bedroom distribution, shall be governed by the controls on affordability and affirmatively marketed in conformance with UHAC, N.J.A.C. 5:80-26.1 et seq., or any successor regulation, and all other applicable law.
(d)
No subdivision shall be permitted or approved for the purpose of avoiding compliance with this requirement. Developers cannot, for example, subdivide a project into two lots and then make each of them a number of units just below the threshold.
(e)
This requirement does not give any developer the right to any such rezoning, variance or other relief, or establish any obligation on the part of the Township of Ocean to grant such rezoning, variance or other relief.
(f)
This Township-wide mandatory set-aside requirement does not apply to any sites or specific zones otherwise identified in the Township’s settlement agreement with FSHC or Fair Share Plan, for which density and set-aside requirements shall be governed by the specific standards as set forth therein. The Township shall maintain this mandatory set-aside provision through at least July 7, 2025, at which time the Township may determine to extend the applicability of the provision.
b. ACCESSORY APARTMENT ACT ADAPTABLE ADMINISTRATIVE AGENT AFFIRMATIVE MARKETING AFFORDABILITY AVERAGE AFFORDABLE AFFORDABLE DEVELOPMENT AFFORDABLE HOUSING DEVELOPMENT AFFORDABLE HOUSING PROGRAM(S) AFFORDABLE UNIT AGE-RESTRICTED UNIT AGENCY ALTERNATIVE LIVING ARRANGEMENT ASSISTED LIVING RESIDENCE CERTIFIED HOUSEHOLD COAH or THE COUNCIL DCA DEFICIENT HOUSING UNIT DEVELOPER DEVELOPMENT DEVELOPMENT FEE EQUALIZED ASSESSED VALUE FAIR SHARE PLAN GREEN BUILDING STRATEGIES HOUSING ELEMENT INCLUSIONARY DEVELOPMENT LOW-INCOME HOUSEHOLD LOW-INCOME UNIT MAJOR SYSTEM MARKET-RATE UNITS MEDIAN INCOME MODERATE-INCOME HOUSEHOLD MODERATE-INCOME UNIT NON-EXEMPT SALE RANDOM SELECTION PROCESS REGIONAL ASSET LIMIT REHABILITATION RENT RESTRICTED UNIT SPECIAL MASTER UHAC VERY LOW-INCOME HOUSEHOLD VERY LOW-INCOME UNIT WEATHERIZATION
Definitions. As used in §§ 21-9A and 21-9B of this chapter, the following terms shall have the following meanings:
[Amended 1-30-2020 by Ord. No. 2331]
Shall mean a self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing home, or through the conversion of an existing accessory structure on the same site, or by an addition to an existing home or accessory building, or by the construction of a new accessory structure on the same site.
Shall mean the Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.).
Shall mean constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.
Shall mean the entity responsible for the administration of affordable units in accordance with this section 21-9B, N.J.A.C. 5:91, N.J.A.C. 5:93 and N.J.A.C. 5:80-26.1 et seq.
Shall mean a regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
Shall mean the average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households per N.J.A.C. 5:80-26.3.
Shall mean, a sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:93-7.4; in the case of an ownership unit, that the sales price for this 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.
Shall mean a housing development all or a portion of which consists of restricted units.
Shall mean 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.
Shall mean any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair share obligation.
Shall mean a housing unit proposed or created pursuant to the Act, and approved for crediting by the Court, and/or funded through an affordable housing trust fund.
Shall mean 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.
Shall mean the New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).
Shall mean 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.
Shall mean 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.
Shall mean a household that has been certified by an administrative agent as a very-low-income household, a low-income household or moderate-income household.
Shall mean the New Jersey Council on Affordable Housing, as established by the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.), which had primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the state.
Shall mean the State of New Jersey Department of Community Affairs.
Shall mean a housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load bearing structural systems.
Shall mean 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.
Shall mean 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.
Shall mean money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:97-8.3.
Shall mean 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).
Shall mean 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.
Shall mean those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.
Shall mean 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 and establishes the Township's fair share obligation.
Shall mean 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.
Shall mean a household with a total gross annual household income equal to 50% or less of the median regional household income by household size.
Shall mean a restricted unit that is affordable to a low-income household.
Shall mean the primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load bearing structural systems.
Shall mean housing not restricted to low- and moderate-income households that may sell or rent at any price.
Shall mean the median income by household size for the applicable housing region, as adopted annually by the Township pursuant to this section, by COAH or a successor entity approved by the Court
Shall mean a household with a total gross annual household income in excess of 50% but less than 80% of the regional median household income by household size.
Shall mean a restricted unit that is affordable to a moderate-income household.
Shall mean 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.
Shall mean 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).
Shall mean 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 duly adopted regional income limits published annually by COAH or a successor entity.
Shall mean the repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
Shall mean 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.
Shall mean 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.
Shall mean 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.
Shall mean the Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.
Shall mean a household with a total gross annual household income equal to 30% or less of the regional median household income by household size.
Shall mean a restricted unit that is affordable to a very low-income household.
Shall mean building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for purposes of a rehabilitation program.
c.
New Construction. The following requirements shall apply to all new or planned developments that contain very-low, 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 very-low, low- and moderate-income units whether developed in a single phase development, or in a multi-phase development:
Maximum Percentage of Market-Rate Units Completed | Minimum Percentage of Low- and Moderate-Income Units Completed |
|---|---|
25 | 0 |
25+1 | 10 |
50 | 50 |
75 | 75 |
90 | 100 |
2.
Design.
[Amended 1-30-2020 by Ord. No. 2331]
3.
Payments-in-lieu and off-site construction. The standards for the collection of payments-in-lieu of constructing affordable units or standards for constructing affordable units off-site, shall be in accordance with N.J.A.C. 5:93-8.10(c).
4.
Utilities. Affordable units shall utilize the same type of heating source as market units within the affordable development.
5.
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 N.J.A.C. 5:93-2.20, 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 development, at least 50% of the restricted units shall be affordable to low-income households. Also, at least 50% of the restricted units within each bedroom distribution shall be low-income units.
(c)
Within rental developments, of the total number of affordable rental units, at least 13% shall be affordable to very-low-income households.
(d)
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 affordable units may be allocated among two and three bedroom units at the discretion of the developer.
(e)
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.
6.
Accessibility requirements.
(a)
The first floor of all restricted townhouse dwelling units and all restricted units in all other multistory buildings shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7, and the following:
[Amended 1-30-2020 by Ord. No. 2331]
(b)
All restricted townhouse dwelling units and all restricted units in other multistory buildings in which a restricted dwelling unit is 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;
(5)
If not all of the foregoing requirements in Subsection c6(b)(1) through (4) can be satisfied, then an interior accessible route of travel must be provided between stories within an individual unit, but if all of the terms of Subsection c6(b)(1) through (4) above have been satisfied, then an interior accessible route of travel shall not be required between stories within an individual unit; and
[Added 1-30-2020 by Ord. No. 2331[2]]
[2]
Editor's Note: This ordinance also redesignated former Subsection c6(b)(5) as Subsection c6(b)(4).
(6)
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, or evidence that the Township has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:
(i)
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.
(ii)
To this end, the builder of restricted units shall deposit funds within the Township of Ocean's affordable housing trust fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.
(iii)
The funds deposited under Subsection 6(b)(6)(ii) 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.
(iv)
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 Ocean.
(v)
Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall be made to the Township of Ocean's affordable housing trust fund in care of the Chief Financial Officer who shall ensure that the funds are deposited into the affordable housing trust fund and appropriately earmarked.
(vi)
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.
7.
Maximum rents and sales prices. In conjunction with realistic market information, the following criteria shall be used in determining maximum rents and sale prices:
(a)
In establishing rents and sales prices of affordable housing units, the administrative agent shall follow the procedures set forth in UHAC, utilizing the most recently published regional weighted average of the uncapped Section 8 income limits published by HUD and the calculation procedures as approved by the Court and detailed herein. "Regional income units shall be established for the region that the Township is located within (i.e., Region 4) 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 the Township's housing region. 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.”
[Amended 1-30-2020 by Ord. No. 2331]
(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 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 both low-income and moderate-income units.
(1)
Very-low Income. 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 1 1/2 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 sales prices and rents for compliance with the affordability average requirements for restricted units in assisted-living facilities and age-restricted developments, the following standards shall be met:
[Amended 1-30-2020 by Ord. No. 2331]
(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, homeowner and private mortgage insurance and condominium or homeowner 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 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)
The rent 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 United States. This increase shall not exceed 9% in any one year. Rent increases for units constructed pursuant to low-income housing tax credit regulations shall be indexed pursuant to the regulations governing low-income housing tax credits.
[Amended 1-30-2020 by Ord. No. 2331]
(k)
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.
d.
Condominium and Homeowners' association Fees. For any affordable housing unit that is part of a condominium association and/or homeowners' 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.
§ 21-9B.2 Affordable Unit Controls and Requirements.
[Added 10-13-2016 by Ord. No. 2281]
a.
Purpose. The requirements of this Subsection 21-9B.2 apply to all developments that contain affordable housing units, including any currently unanticipated future developments that will provide low- and moderate-income housing units.
b.
Affirmative Marketing.
1.
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.
2.
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 4 and is required to be followed throughout the period of deed restriction.
[Amended 1-30-2020 by Ord. No. 2331]
3.
The affirmative marketing plan shall provide a regional preference for all households that live and/or work in COAH Housing Region 4, comprised of Mercer, Monmouth and Ocean counties.
4.
The municipality has the ultimate responsibility for adopting the affirmative marketing plan and for the proper administration of the affirmative marketing program, including initial sales and rentals and resales and rerentals. 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.
[Amended 1-30-2020 by Ord. No. 2331]
5.
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.
6.
The affirmative marketing process for available affordable units shall begin at least four months (120) days prior to the expected date of occupancy.
[Amended 1-30-2020 by Ord. No. 2331]
7.
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 Ocean.
8.
Applications for affordable housing shall be available in several locations, including, at a minimum, the County Administration Building and/or the County Library for each county within the housing region; the municipal administration building and the municipal library in the municipality in which the units are located; and the developer's rental office. Applications shall be mailed to prospective applicants upon request.
[Added 1-30-2020 by Ord. No. 2331]
9.
In addition to other affirmative marketing strategies, the administrative agent shall provide specific notice of the availability of affordable housing units in Ocean Township, and copies of the application forms, to the following entities: Fair Share Housing Center, the New Jersey State Conference of the NAACP, the Latino Action Network, STEPS, OCEAN, Inc., the Greater Red Bank, Asbury Park/Neptune, Bayshore, Greater Freehold, Greater Long Branch, and Trenton Branches of the NAACP, and the Supportive Housing Association.
[Added 1-30-2020 by Ord. No. 2331]
c.
Occupancy Standards.
1.
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:
2.
Additional provisions related to occupancy standards (if any) shall be provided in the municipal Operating Manual.
e.
Control periods for restricted ownership units and enforcement mechanisms.
[Amended 1-30-2020 by Ord. No. 2331]
1.
Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each restricted ownership unit shall remain subject to the requirements of this section for a period of at least 30 years, until Ocean Township takes action to release the unit from such requirements; prior to such action, a restricted ownership unit must remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented.
2.
The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.
3.
Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each successive sale during the period of restricted ownership, the administrative agent shall determine the restricted price for the unit and shall also determine the nonrestricted, fair market value of the unit based on either an appraisal or the unit’s equalized assessed value without the restrictions in place.
4.
At the time of the initial sale of the unit, the initial purchaser shall execute and deliver to the administrative agent a recapture note obligating the purchaser (as well as the purchaser’s heirs, successors and assigns) to repay, upon the first nonexempt sale after the unit’s release from the restrictions set forth in this section, an amount equal to the difference between the unit’s nonrestricted fair market value and its restricted price, and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit.
5.
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.
6.
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 following the removal of the restrictions provided under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
f.
Price Restrictions for Restricted Ownership Units, Homeowner Association Fees and Resale Prices. Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:
1.
The initial purchase price for a restricted ownership unit shall be approved by the Administrative Agent.
2.
The Administrative Agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.
3.
The method used to determine the condominium association fee amounts and special assessments shall be indistinguishable between the low- and moderate-income unit owners and the market unit owners.
4.
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. In no event shall the maximum sales price of an improved housing unit exceed the limits of affordability for the larger household.
[Amended 1-30-2020 by Ord. No. 2331]
5.
Upon the resale of a restricted ownership unit, all items of property that are permanently affixed to the unit or were included when the unit was initially restricted (for example, refrigerator, range, washer, dryer, dishwasher, wall-to-wall carpeting) shall be included in the maximum allowable resale price. Other items may be sold to the purchaser at a reasonable price that has been approved by the administrative agent at the time of the signing of the agreement to purchase. The purchase of central air conditioning installed subsequent to the initial sale of the unit and not included in the base price may be made a condition of the unit resale, provided the price, which shall be subject to ten-year, straight-line depreciation, has been approved by the administrative agent. Unless otherwise approved by the administrative agent, the purchase of any property other than central air conditioning shall not be made a condition of the unit resale. The owner and the purchaser must personally certify at the time of closing that no unapproved transfer of funds for the purpose of selling and receiving property has taken place at the time of or as a condition of resale.
[Added 1-30-2020 by Ord. No. 2331]
g.
Buyer Income Eligibility.
1.
Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, such that low-income ownership units shall be reserved for households with a gross household income less than or equal to 50% of median income and moderate-income ownership units shall be reserved for households with a gross household income less than 80% of median income.
2.
The Administrative Agent shall certify a household as eligible for a restricted ownership unit when the household is a 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, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 33% of the household's certified monthly income.
3.
Notwithstanding the foregoing, the administrative agent may, upon approval by the Township Committee, and subject to the Court's approval, permit a moderate-income purchaser to buy a low-income unit if and only if the administrative agent can demonstrate that there is an insufficient number of eligible low-income purchasers in the housing region to permit prompt occupancy of the unit and all other reasonable efforts to attract a low-income purchaser, including pricing and financing incentives, have failed. Any such low-income unit that is sold to a moderate-income household shall retain the required pricing and pricing restrictions for a low-income unit.
[Added 1-30-2020 by Ord. No. 2331]
4.
A certified household that purchases a restricted ownership unit must occupy it as the certified household’s principal residence and shall not lease the unit; provided, however, that the administrative agent may permit the owner of a restricted ownership unit, upon application and a showing of hardship, to lease the restricted unit to another certified household for a period not to exceed one year.
[Added 1-30-2020 by Ord. No. 2331]
h.
Limitations on Indebtedness Secured by Ownership Unit; Subordination.
1.
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, and the administrative agent shall issue such determination prior to the owner incurring such indebtedness.
[Amended 1-30-2020 by Ord. No. 2331]
2.
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).
i.
Control periods for restricted rental units.
1.
Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and each restricted rental unit shall remain subject to the requirements of this section for a period of at least 30 years, until Ocean Township takes action to release the unit from such requirements. Prior to such action, a restricted rental unit must remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented.
[Amended 1-30-2020 by Ord. No. 2331]
2.
Rehabilitated renter-occupied housing units that are improved to code standards shall be subject to affordability controls for a period of 10 years.
3.
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 Monmouth. A copy of the filed document shall be provided to the Administrative Agent within 30 days of the receipt of a Certificate of Occupancy.
4.
A restricted rental unit shall remain subject to the affordability controls of this section, despite the occurrence of any of the following events:
j.
Rent restrictions for rental units; leases.
[Amended 1-30-2020 by Ord. No. 2331]
1.
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.
2.
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.
3.
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.
4.
No rent control ordinance or other pricing restriction shall be applicable to either the market units or the affordable units in any development in which at least 15% of the total number of dwelling units are restricted rental units in compliance with this section.
k.
Tenant Income Eligibility.
1.
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:
[Amended 1-30-2020 by Ord. No. 2331]
(a)
Very low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of regional median income by household size.
(b)
Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of regional median income by household size.
(c)
Moderate-income rental units shall be reserved for households with a gross household income less than 80% of regional median income by household size.
2.
The Administrative Agent shall certify a household as eligible for a restricted rental unit when the household is a very low-income, low-income household 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:
(a)
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;
(b)
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;
(c)
The household is currently in substandard or overcrowded living conditions;
(d)
The household documents the existence of assets with which the household proposes to supplement the rent payments; or
(e)
The household documents reliable anticipated 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.
[Amended 1-30-2020 by Ord. No. 2331]
l.
Conversions. Each 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.
m.
Alternative living arrangements.
[Added 1-30-2020 by Ord. No. 2331]
1.
The administration of an alternative living arrangement shall be in compliance with N.J.A.C. 5:93-5.8 and UHAC, with the following exceptions:
2.
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.
3.
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.
§ 21-9B.3 Administration.
[Added 10-13-2016 by Ord. No. 2281]
a.
Unnecessary Cost-Generating Features. Section 14(b) of the Fair Housing Act, N.J.S.A. 52:270-301 et seq. incorporates the need to eliminate unnecessary cost-generating features from Ocean Township's land use ordinances. Accordingly, the Township will eliminate development standards that are not essential to protect the public welfare and to expedite or fast-tract municipal approvals/denials on inclusionary development applications. Ocean Township will adhere to the components of N.J.A.C. 5:93-10.1 - 10.3.
b.
Municipal Housing Liaison.
1.
The Township shall appoint a Municipal Housing Liaison by duly adopted resolution of the Township Council, subject to the approval by the Superior Court.
[Amended 1-30-2020 by Ord. No. 2331]
2.
The Municipal Housing Liaison must be either a full-time or part-time employee of the Township of Ocean.
3.
The Municipal Housing Liaison must meet the requirements for qualifications, including initial and periodic training found in N.J.A.C. 5:93.
4.
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Township of Ocean, 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 Ocean's Fair Share Plan;
(e)
Compiling, verifying and submitting annual reports as required by the Court and this section;
[Amended 1-30-2020 by Ord. No. 2331]
(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.
c.
Administrative agent.
[Amended 1-30-2020 by Ord. No. 2331]
1.
The Township shall designate by resolution of the Township Council, subject to the approval of the Court, one or more administrative agents to administer and to affirmatively market the affordable units in accordance with N.J.A.C. 5:93, UHAC and this section.
2.
An operating manual for each program 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, the Municipal Housing Liaison, and in the office(s) of the administrative agent(s).
3.
The administrative agent(s) 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 at least annually and more often as needed.
(b)
Affirmative marketing:
(1)
Conducting an outreach process to affirmatively market affordable housing units in accordance with the Affirmative Marketing Plan of the Township of Ocean and the provisions of N.J.A.C. 5:80-26.15; and
(2)
Providing counseling or contracting to provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
(c)
Household certification:
(1)
Soliciting, scheduling, conducting and following up on interviews with interested households;
(2)
Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate-income unit;
(3)
Providing written notification to each applicant as to the determination of eligibility or noneligibility;
(4)
Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set forth in Appendixes J and K of N.J.A.C. 5:80-26.1 et seq.;
(5)
Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located; and
(6)
Employing a random selection process as provided in the Affirmative Marketing Plan of the Township of Ocean when referring households for certification to affordable units.
(d)
Affordability controls:
(1)
Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;
(2)
Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;
(3)
Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the Somerset County Register of Deeds or Somerset County Clerk's office after the termination of the affordability controls for each restricted unit;
(4)
Communicating with lenders regarding foreclosures; and
(5)
Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
(e)
Records retention;
(f)
Resale and rerental:
(1)
Instituting and maintaining an effective means of communicating information between owners and the administrative agent regarding the availability of restricted units for resale or rerental; and
(2)
Instituting and maintaining an effective means of communicating information to low- (or very-low-) and moderate-income households regarding the availability of restricted units for resale or rerental.
(g)
Processing requests from unit owners:
(1)
Reviewing and approving requests for determination from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership that the amount of indebtedness to be incurred will not violate the terms of this section;
(2)
Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the depreciated cost of central air-conditioning systems;
(3)
Notifying the municipality of an owner's intent to sell a restricted unit; and
(4)
Making determinations on requests by owners of restricted units for hardship waivers.
(h)
Enforcement, although the ultimate responsibility for retaining controls on the units rests with the municipality:
(1)
Securing annually from the municipality a list of all affordable housing units for which tax bills are mailed to absentee owners, and notifying all such owners that they must either move back to their unit or sell it;
(2)
Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the administrative agent;
(3)
Posting annually, in all rental properties (including two-family homes), a notice as to the maximum permitted rent together with the telephone number of the administrative agent where complaints of excess rent or other charges can be made;
(4)
Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;
(5)
Establishing a program for diverting unlawful rent payments to the municipality's Affordable Housing Trust Fund; and
(6)
Creating and publishing a written operating manual for each affordable housing program administered by the administrative agent, to be approved by the Township Committee and the Court, setting forth procedures for administering the affordability controls.
(i)
Preparation of monitoring reports for submission to the Municipal Housing Liaison in time to meet the Court-approved monitoring and reporting requirements in accordance with the deadlines set forth in this section; and
(j)
The administrative agent shall, as delegated by the Township Council, have the authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.
d.
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 Ocean 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.
e.
Appeals. Appeals from all decisions of an Administrative Agent designated pursuant to this section shall be filed in writing to the Township.
§ 21-10 APPLICATION ON FILE PRIOR TO HEARINGS.
[Adopted 1-8-1992 by Ord. No. 1564]
Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 21 days before the date of the hearing during normal business hours in the office of the Administrative Officer. This requirement may be reduced by the Municipal Agency, at the request of the applicant, for revisions of plans and documents previously submitted as a part of the application, but in no case shall the any documents be on file for a period of time less than that required by the Municipal Land Use Law.
§ 21-11 NOTICE OF APPLICATIONS. (N.J.S.A. 40:55D-12).
[Adopted 1-8-1992 by Ord. No. 1564, amended 12-12-1992 by Ord. No. 1610, 3-16-2009 by Ord. No. 2111; 10-13-2022 by Ord. No. 2398; N.J.S.A. 40:55D-12]
Public notice of a hearing on an application for development, including appeals of determinations of administrative officers and for requests for interpretations pursuant to N.J.S.A. 40:55D-70, shall be given by the applicant at least 10 days prior to the date of the hearing except for, extension of preliminary or final site plan and subdivision approval, minor subdivisions, and the final subdivisions and minor site plans submitted to the Minor Site Plan Committee. Public notice shall be required in the event relief is requested on applications undertaken by the Planning Board in lieu of the Zoning Board of Adjustment. Public notice shall be given by publication in the official newspaper of the municipality, it there be one, or in a newspaper of general circulation in the municipality.
§ 21-12 WHEN APPLICATION FOR DEVELOPMENT DEEMED COMPLETE; WAIVER OF DEFECTS. (N.J.S.A. 40:55D-10.3)
[Adopted 1-8-1992 by Ord. No. 1564]
An application for development shall be complete for purposes of commencing the applicable time period for action by a Municipal Agency when so certified by the Administrative Officer. In the event that the Administrative Officer does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless:
a.
The application lacks information indicated on the checklist adopted by ordinance contained in the Land Development Ordinance of the Township of Ocean and provided to the applicant; and
b.
The Administrative Officer has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation. The Municipal Agency may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Municipal Agency.
§ 21-13 APPEAL TO GOVERNING BODY.
[Adopted 1-8-1992 by Ord. No. 1564]
Any interested party may appeal to the governing body any final decision of the Board of Adjustment approving an application for development pursuant to N.J.S.A. 40:55D-70d of the Municipal Land Use Law as amended. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to N.J.S.A. 40:55D-10i. The appeal to the governing body shall be made by serving the Township Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and name and address of his attorney if represented. Such appeal shall be decided by the governing body only upon the record established before the Board of Adjustment.
§ 21-14 PLANNING BOARD MEMBERSHIP.
[Adopted 1-8-1992 by Ord. No. 1564]
a.
There is hereby established a Planning Board of nine members consisting of four classes pursuant to N.J.S.A. 40:55D-23.
b.
There shall be two alternate members to the Planning Board pursuant to N.J.S.A. 40:55D-23.1.
c.
Minor Site Plan Committee of Planning Board.
A Minor Site Plan Committee shall be appointed by the Chairman of the Planning Board and shall consist of at least three members of the Planning Board. The jurisdiction of the Minor Site Plan Committee shall be as set forth in this chapter, § 21-6, Definitions.
[Added 12-12-1992 by Ord. No. 1610]
§ 21-15 ZONING BOARD OF ADJUSTMENT.
[Adopted 1-8-1992 by Ord. No. 1564, amended 8-3-2005 by Ord. No. 2025]
A Zoning Board of Adjustment is hereby established and shall consist of seven members and four alternates. Members shall be residents of the municipality who shall be appointed by the governing body and who shall not hold any elective office or position under the municipality.
§ 21-16 ZONE CHANGE REQUESTS.
[Adopted 1-8-1992 by Ord. No. 1564]
a.
Procedures.
1.
Any developer requesting a zone change shall file with the Township Clerk a request for same and simultaneously deposit with the Township Clerk an escrow amount for fees as hereinafter set forth.
2.
The application shall include a statement giving the following:
(a)
Name and address of applicant;
(b)
The name of the amendment or other alterations sought to the development regulations;
(c)
A brief narrative statement concerning the impact and effect which the proposed amendment would have on the goals and objectives of the Master Plan;
(d)
A brief narrative statement concerning whether and how the proposed amendment will further any of the purposes of the Municipal Land Use Law;
(e)
A brief narrative statement concerning whether and how the proposed amendments affect the general health, safety and welfare concerns of the municipality;
(f)
A brief narrative statement concerning why the purposes sought to be advanced by the amendment could not be addressed in a statutory recognized application for development;
(g)
Applicant shall affix to the document or statement provided any specific language which he seeks adopted as an amendment which shall be presented in an ordinance format and specifically address each section of the existing development regulations sought to be amended;
(h)
Applicant shall further provide the specific language which he seeks adopted as an amendment;
(i)
If the proposed amendment or alteration affects specific property within the Township the document shall in addition to the above:
(1)
Contain the address, block and lot description, size, dimensions and current zoning district of the property;
(2)
Shall further contain a narrative statement concerning whether or not the applicant is the owner and if not whether the owner consents to the application;
(3)
Shall also contain a narrative description of all uses and/or physical features currently in existence on the property in question and on all properties within 200 feet from any point of the property and the impact which the proposed amendment will have on these existing uses or physical features;
(4)
Further shall contain a narrative description of the impact which the proposed amendment will have on any regional or indigenous need for low and moderate-income housing.
b.
Fees. The fee to be charged for a zone change request shall be determined in the following manner:
1.
The developer upon the filing of a zone change request shall deposit with the Township Clerk adequate funds of no less than $2,000 to cover the costs of professional services in connection with the review of said zone change request including but not limited to reports of the Township Planner, and fees of the Township Attorney, Planning Board Attorney, and any other professional whose services are deemed necessary with respect to review of the zone change request.
2.
All monies required under this section shall be deposited by the Township Clerk in an escrow account and all disbursements to professional consultants and experts required to review the zone change request shall be charged against said account. No professional reviews will be undertaken until the escrow has been established. If, in the judgment of the Township Clerk, additional funds are required after 75% of the original escrow account has been exhausted, these monies shall be paid into the appropriate account or accounts. In order to expedite the processing of all the zone change requests, the Township Clerk shall notify the developer immediately upon the depletion of 75% of the funds in the escrow account.
3.
Any of the aforesaid deposit remaining in the account upon completion of the review procedure shall be returned to the developer.
4.
No Township agency shall review and/or take action on a zone change requires unless all fees required have been deposited by the developer.