Springfield Township
City Zoning Code
City Zoning Code
ARTICLE VI
General Provisions and Design Requirements 1
§ 35-21 DRAINAGE.
[Ord. No. 2003-18]
For residential developments, the requirements of the New Jersey Residential Site Improvement Standards (RSIS) shall apply.
All streets shall be provided with manholes, catch basins and pipes where the same may be necessary for proper drainage.
a.
The system shall be adequate to carry off the storm water and natural drainage water which originates within the watershed affected by the development. No storm water runoff or natural drainage water shall be so diverted as to overload existing drainage systems to create flooding.
c.
Drainage design shall be in accordance with accepted engineering practices for the sizing of drainage structures. All calculations shall be submitted to the Township Engineer for review.
d.
Specifications for drainage structures must be in accordance with New Jersey State Highway Standard Specifications as amended.
e.
Drainage inlets shall be located at all intersections, with inlets on both sides of a street at intervals of not more than 400 feet or such shorter distances as required to prevent the flow of surface water from exceeding the capacity of the drainage inlet. Access manholes or inlets shall be placed at pipe junctions, grade changes or other locations as appropriate.
f.
Lots shall be graded away from on-site buildings. In addition, drainage shall be provided in a manner which will prevent the collection of storm water in puddles or other unauthorized concentrations of flow and water shall not flow across adjacent property lines at greater than predevelopment rates.
g.
Approval of drainage structures shall be obtained from the appropriate municipal, County, State and Federal agencies and offices. Where required, each applicant shall make application to the State Department of Environmental Protection, the Union County Department of Engineering, Construction Services and Code Enforcement and the Township Engineer. Final approval shall not be effective until letters of approval from the proper governmental authorities shall be furnished to the approving authority with a copy forwarded to the Township Engineer.
[Amended 12-18-2018 by Ord. No. 2018-24]
h.
When required by the municipality and as indicated on an approved development plan, a drainage easement shall be provided to the Township where a tract or lot is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream. The drainage easement shall conform substantially with the lines of such watercourse and provide a ten-foot access strip along at least one side of the watercourse. In any event, the easement shall be consistent with any minimum widths and locations as shown on any adopted Official Map or Master Plan.
§ 35-22.1 Fences.
[Ord. No. 2003-18; Ord. No. 2010-38; Ord. No. 2013-07 § 1(C); Ord. No. 2015-22 § I(A), (B); amended 4-13-2021 by Ord. No. 2021-08; 6-14-2022 by Ord. No. 2022-18]
a.
Permit. No fence shall be erected without the issuance of a zoning permit.
b.
Materials and Placement.
1.
All permitted fences shall be situated on a lot in such a manner that a finished side of the fence shall face adjacent properties.
2.
No fence shall be erected of barbed wire, razor ribbon, metal spikes, electrified materials or otherwise constructed of any material or in any manner which may be dangerous to persons or animals.
3.
No chain-link fences are permitted in any residential zones.
c.
Height and Location.
1.
No fence serving a residential use shall be permitted in the front yard of any residence and no fence shall be over six feet in height from the front corners of any residence principal building to the rear of the lot line, and no fence except a living fence shall be over six feet in height from the rear of the principal building to the rear lot line. Where principal residential structures encroach into the required front yard, four-foot-tall open fencing may be placed so as not to extend beyond the front corner of the residence. On corner lot and through lot frontages not coincident with the front entrance of a residence, front yard fencing shall be permitted as long as it is four foot maximum in height and at least 51% open. If a solid (less than 51% open) fence or fence taller than four feet is desired on corner lots or through lots, the setback shall be 10 feet and solid fences screened adequately from public view with four-foot-tall landscaping.
[Amended 4-28-2020 by Ord. No. 2020-10; 4-13-2021 by Ord. No. 2021-08]
2.
Fences in any nonresidential district shall not exceed six feet in height and shall not be located in a front yard.
3.
Fencing for tennis courts shall be permitted in all zone districts, provided said fencing does not exceed 15 feet in height and further provided the fence is located in a rear yard and meets the rear and side yard setback required of principal buildings in the district.
4.
Public and quasi-public uses may erect security fences in the side and rear yards of a lot provided that such fencing does not exceed 15 feet in height.
5.
Garden - Deer fences shall be permitted in residential zones, provided they are intended to protect a garden, are no higher than 12 feet, are located in the rear yard, are a minimum of five feet off of the property line. Such fence is to be pervious to light and constructed of large mesh wire or netting.
§ 35-22.2 Sight Triangles.
[Ord. No. 2003-18]
On a corner lot within the triangular area determined as provided in this section, no wall, fence, structure or other object shall be erected to a height in excess of two feet; no vehicle, object or other obstruction of a height in excess of two feet shall be permitted within the corner clearance area; and no hedge, shrub or other growth shall be maintained at a height in excess of two feet, except that trees whose branches are trimmed away to a height of at least seven feet above the curb level shall be permitted. Such triangular area or "sight triangle" is defined as that area bounded by the intersecting street lines and the straight line connecting "sight points," one each located on the two intersecting street centerlines. Such points shall be 350 feet from the intersection with a municipal road, 400 feet from the intersection with a County road along such County road and 500 feet from the intersection with a State highway along such highway. Where County roads and State highways intersect, the distance shall be 75 feet along the road or highway having the lower traffic volume. Sight points for local roads shall be 20 feet from the extension of the curbline or edge of pavement of the adjacent roadway. In addition, no object or other obstruction shall be so located along any straight or curved roads as to reduce the line of sight along said road to less than 400 feet. (See Exhibits)[1]
[1]
Editor's Note: The exhibit referred to herein may be found in Appendix B as an attachment to this chapter.
§ 35-23.1 General Requirements.
[Ord. No. 2003-18]
a.
Off-street parking spaces for the storage or parking of passenger vehicles of occupants, employees and patrons of principal buildings and structures hereafter erected and enlarged shall be provided and kept available in private garages or on paved or otherwise approved surface parking areas in amounts not less than specified herein. The parking and storage of trailers and boats is regulated in § 3-11 of the Township Ordinances.
b.
All minimum requirements for off-street parking and truck loading spaces shall be met at the time of construction, enlargement, or change of use and change of tenancy of any principal building or structure.
c.
No required parking area or off-street truck loading space shall be encroached upon by buildings, storage or any other use.
d.
Nothing in this section shall prevent the repair, reconstruction or rebuilding and continued use of a nonconforming structure, provided said structure is not enlarged and the parking requirements are not increased.
e.
Where more than one use exists on a lot, the required parking for each use shall be calculated separately and the sum of all of the required parking shall be provided.
f.
When the required number of parking spaces calculated as provided herein results in the requirements of a fractional space, it shall be construed as requiring a full space.
g.
Garages and parking decks in nonresidential zone districts shall meet the principal building setbacks required in said districts. Detached garages in residential zones shall meet the accessory building setbacks required in said district. Garages shall be further subject to the regulations pertaining to accessory buildings prescribed in Subsection 35-15.5b.
h.
In all districts, required parking areas for residential uses shall be on the same lot with the principal building. Required parking areas for all other uses shall be on the same lot with the building or use served.
i.
The approving authority may waive, in whole or in part, the requirements for parking areas stipulated in Subsection 35-23.1 in the case of any building, structure or use hereafter erected or enlarged on any lot, which lot is within 500 feet of a public parking area owned or operated by the Township, which distance shall be measured in a straight line between the nearest point of such parking area.
j.
All parking areas should provide sufficient levels of handicapped parking spaces in accordance with all applicable State of New Jersey requirements. Said handicapped parking spaces may be used to meet the off-street parking requirements of Subsection 35-23.2.
k.
The parking of equipment such as bulldozers, tractors and other construction related equipment and vehicles in residential zones shall be prohibited.
§ 35-23.2 Off-Street Parking Requirements.
[Ord. No. 2003-18; amended 6-11-2024 by Ord. No. 2024-08]
a.
Unless otherwise permitted by this chapter, off-street parking shall be provided on a lot in accordance with the following schedule:
Principal Permitted Use | Off-Street Parking Requirements (Number of Spaces) |
|---|---|
Apartment buildings | Per RSIS |
Community residences and community shelters | Per RSIS |
Single family dwellings not in the S-60 district | Per RSIS, provided that at least 2.0 shall be provided in a garage |
Single family dwellings in the S-60 district. | Per RSIS, provided that at least 1.0 shall be provided in a garage |
Senior citizen housing | Per RSIS |
Townhouse dwellings | Per RSIS |
Auditorium, church or other place of worship, parish house, Sunday school and church school; indoor movie theater. | 1.0 per each 3.0 seats of maximum capacity, with benches and pews deemed to have a capacity of 1.0 person for each 22 inches in length |
Automobile service station | 1.0 per pump island plus 4.0 per bay work area plus adequate vehicles storage areas to be determined by the approving authority |
Bank | 4.0 per indoor teller window for uses with drive-up windows; 8.0 per teller window for uses without drive-up windows |
Business, professional, administrative and other nonmedical office and studio | 1.0 per 250 square feet of gross floor area |
Child care center | The floor area occupied by child care centers shall be excluded from this requirement when calculating parking and floor area ratio requirements |
Health club | 1.0 per 150 square feet of gross floor area |
Home occupation | Requirement determined in accordance with appropriate use as identified in this section, or as determined by approving authority |
Industrial uses excluding warehousing | 1.0 per 500 square feet gross floor area |
Medical office | 1.0 per each 200 square feet of gross floor area |
Motel | 1.0 per guest room plus 5.0 per 1,000 square feet of gross floor area devoted to banquet rooms, meeting rooms and similar uses |
Public, private, and parochial schools | Grades K — 10 :1.5 per classroom, but not less than one per teacher and staff Grades 11 — 12: 1.75 per classroom, but not less than one per teacher and staff |
Other public and public utility uses. | As determined by the approving authority |
Quasi-public use | 1.0 per 300 square feet of gross floor area or as determined by the approving authority if there is no building |
Restaurant | 1.0 per each 60 square feet of floor area devoted to patron use, or 1,0 per each 2.5 seats, inclusive of counter and waiting areas, whichever is greater |
Retail and personal service stores and shops | 1.0 per each 200 square feet of gross floor area |
Warehouse | 1.0 per 1,000 square feet gross floor area |
§ 35-23.3 Required Off-Street Truck Loading and Unloading Spaces.
[Ord. No. 2003-18]
a.
Every nonresidential use which has a floor area of 7,500 square feet or more devoted to such use shall be provided with off-street truck loading and unloading spaces at the rear of the building in accordance with the following schedule:
Square Feet of Floor Area Devoted to Such Use | Minimum Required Number of Off-Street Truck Loading and Unloading Spaces |
|---|---|
7,500 to 25,000 square feet | 1 |
25,000 to 40,000 square feet | 2 |
40,000 to 100,000 square feet | 3 |
Each additional 60,000 square feet | 1 additional |
§ 35-23.4 Minimum Design Standards for all Parking and Truck Loading Areas.
[Ord. No. 2003-18]
a.
Minimum widths of access aisles shall be related to the angle of parking stalls and use of one-way or two-way traffic as follows:
Parking Angle | Aisle Width | Traffic Direction |
|---|---|---|
0" | 12 feet | One-way |
0" | 18 feet | Two-way |
30" | 12 feet | One-way |
45" | 15 feet | One-way |
60" | 18 feet | One-way |
90" | 24 feet | Two-way |
Where the angle of parking differs on the two sides of an aisle, the larger aisle width shall prevail. |
b.
An off-street parking space shall provide a minimum width of nine feet and a minimum length of 18 feet measured perpendicular to the width along the angle of parking, except that parallel off-street parking spaces, shall measure nine feet by 23 feet.
c.
All parking areas shall be designed to permit each vehicle to enter and exit all parking spaces without requiring the moving of any other vehicles. Stacked or tandem parking is prohibited. No parking area shall be designed so as to require a vehicle to back directly onto a public street when leaving a stall.
d.
An off-street truck loading and unloading space shall have minimum width of 12 feet, a minimum length of 25 feet and a minimum clear height of 14 feet. The access from the street to the loading space shall also have a minimum clear height of 14 feet.
e.
Driveways, parking areas and off-street truck loading and unloading spaces shall be suitably paved, drained and lighted and appropriately planted and fenced for the protection of adjacent properties in such accordance with all applicable provisions of this chapter. Such areas shall be arranged for the safe, adequate and convenient ingress and egress of vehicles and pedestrians. All such facilities shall be maintained in good condition by the owner.
f.
Where a portion of the parking area is located on the ground level underneath any floor of the building, that portion of the parking area, excluding access driveways, which is underneath the building shall be fully enclosed so that it is no visible from any street. The walls used to enclose said portion of the parking area shall be of similar material to match the rest of the principal building.
g.
All parking spaces shall be identified by the use of hairpin pavement markings, a minimum of 18 inches in width.
§ 35-23.5 Required Buffer Areas and Setbacks.
[Ord. No. 2003-18]
a.
A ten-foot deep buffer area shall be maintained between any parking or loading areas located in the O, N-C, G-C, 1-20 or 1-40 Districts which abut the S-120, S-75, S-60, M-R, or AH Zones, or an existing residential use, unless in conflict with another section of this ordinance. Said buffer strip shall separate the above mentioned areas by means of a six-foot high fence of closely spaced wood materials, and the planting of appropriately spaced evergreen plantings to create an effective screen. Fencing shall be located in the buffer area in such a manner that planting will be provided facing residential properties, or as determined by the approving authority. Unless otherwise permitted by the approving authority, the buffer area shall be located on the nonresidential property.
b.
No driveway or parking area in any nonresidential district shall be located closer than five feet to a side or rear property line.
§ 35-23.6 Access.
[Ord. No. 2003-18]
a.
Required parking areas and truck loading spaces shall have access to a public street by a driveway on the same lot, which driveway(s) shall have a minimum width of 24 feet except that one way driveways may provide a width of 15 feet and driveways for single family residential uses shall be governed by Subsection 35-15.1c.
b.
In any nonresidential district, no driveway shall be designed so that nonresidential traffic passes a residential district to gain access to the nonresidential use or passes through a residential district to reach a collector or arterial street.
c.
Adequate driveway width and turning radii shall be provided on nonresidential and multifamily residential properties to insure adequate and safe passage of emergency vehicles.
§ 35-23.7 Paving Specifications.
[Ord. No. 2003-18]
a.
The minimum compacted thickness of roadway material for nonresidential development shall be as follows. The standards for residential development shall be as required in the RSIS.
Minimum Thickness | |||
|---|---|---|---|
Type of Street Mix I-5 | Dense Graded Aggregate Base Course (inches) | Bituminous Stabilized Base Course Mix I-2 (inches) | Bituminous Concrete Surface Course (inches) |
Parking Lots | 4 | 3 | 2 |
Minor Roads | 4 | 4 | 2 |
Major Roads | 4 | 5 | 2 |
Arterial Roads | 4 | 5 | 2 |
b.
When subgrade conditions are deemed unsuitable, underdrains shall be installed when and where directed by the Township Engineer.
c.
All off-street parking areas shall have adequate pavement markings and/or signage to indicate traffic flow and parking spaces.
d.
All off-street parking and loading areas shall be provided with curbing so that vehicles cannot be driven onto required perimeter landscaped areas, buffer zones and street rights-of-way and so that each parking and loading areas has controlled entrances and exits and drainage control. The requirements for vertical curbing specified in this section may be waived in favor of flush curbing if deemed appropriate for drainage purpose by the Township Engineer.
§ 35-23.8 Refuse and Recycling Storage.
[Ord. No. 2003-18]
a.
Refuse and recycling storage areas shall be required of all multifamily residential and nonresidential uses. Said areas shall be suitably dimensioned to accommodate all on-site storage receptacles, and shall be designed to provide separate areas for refuse and recyclable materials.
b.
All refuse and recycling storage areas shall be located atop a reinforced concrete pad of at least six inch thickness, and shall be surrounded by a six-foot high solid or slatted fence of appropriate materials.
c.
No refuse and recycling storage areas shall be permitted in a front yard, nor shall any such storage area be permitted to obstruct access to parking stalls, driveways or building entrances.
§ 35-24.1 Landscaping.
[Ord. No. 2003-18]
a.
Landscaping is to be provided as part of all development applications and is to be integrated into building arrangements, topography, parking, buffering and other site features. Landscaping may include trees, bushes, shrubs, ground cover, berms, flowers, sculpture, art and similar materials, and shall be designed to provide aesthetic, buffering, climatological, environmental, ornamental, and other similar functions. All landscaping plans shall be prepared by a New Jersey certified landscape architect, or other individual deemed suitably qualified by the approving authority.
b.
Street trees shall be provided in all developments at intervals of not more than 50 feet. Said trees shall be planted along both sides of streets where appropriate and shall be of types, sizes and locations conducive to healthy growth. All street trees shall be planted two feet outside of the street right-of-way.
c.
In addition to street trees, other tree plantings may be required on all sites, with said trees to be selected from the following groups unless substitutions are approved by the approving authority.
d.
Shade trees shall meet all of the following requirements:
1.
All trees shall provide a two to 2 1/2 inch caliper as measured four feet above the ground.
2.
All trees must be grown in certified nurseries, have straight trunks, and be properly staked.
3.
All trees shall be balled and burlapped, well-branched and with a good root system. Backfill shall consist of 50% humus for each tree, and each tree shall be thoroughly watered and properly pruned at the time of planting.
e.
The approving authority may allow a credit for existing trees against the street tree planting requirement of this chapter.
f.
The planting of shrubbery, bushes, flowers and similar plantings shall be designed to serve decorative and ornamental functions as well as screening and buffering. Junipers, yews and similar plants shall be used largely for screening and buffering, while hollies, rhododendron, azaleas, barberries and similar plants shall be used at highly visible locations such as front yards, building entrances, pedestrian walkways and adjacent to ground signs. The use of flower beds and planters shall be strongly encouraged.
g.
All parking areas providing at least 10 parking stalls shall provide the following landscaping features:
1.
5% of the interior portion of said parking areas, excluding all perimeter landscaping and required buffer areas, shall be landscaped, and no more than 15 parking stalls shall exist in a continuous row without a landscaping break.
2.
In addition to the shade tree requirements of Subsection 35-24.1b, parking lots shall provide one shade tree for each 10 parking stalls.
3.
The ends of all parking rows shall be separated from access aisles by a landscaped island at least four feet in width.
4.
The use of tree diamonds shall be prohibited unless deemed necessary by the approving authority.
5.
Evergreen and other appropriate plantings shall be required to separate parking areas from public rights-of-way.
h.
Sidewalks shall be a maximum of six feet in width, and all developed properties containing sidewalks in excess of said width shall be required to remove the excess sidewalk and replace same with landscaping designed in accordance with the provisions of this section.
i.
All loading areas and storage areas for refuse and recycling shall be landscaped in a manner that sufficiently screens the view of the loading area and vehicles from any public right-of-way and residential property. Landscaping in this instance may include berms, fencing, wall or a combination thereof, or any other screening material required by the approving authority or this chapter.
j.
All landscape plans shall provide a two year replacement guarantee for all new plantings and all existing trees and other vegetation to be retained after construction. The plans shall also note that all tree removal shall be in conformance with the requirements of the Township tree removal ordinance. The landscaping plan is required to be maintained for the life of the project.
k.
All landscape plans shall be subject to a post-development inspection by the Township Engineer.
l.
The approving authority shall reserve the right to impose additional landscaping requirements after due consideration of the size and type of proposed development; the extent of existing vegetation to be removed during construction; and the nature of surrounding land uses.
§ 35-24.2 Natural Features.
[Ord. No. 2003-18]
a.
Natural features such as trees, views, natural terrain and water bodies shall be preserved whenever possible in any development. The approving authority may, at its discretion, reduce the landscaping requirements of this chapter to reflect existing trees and other vegetation retained as part of any site development.
b.
Natural fertility of the soil shall be preserved and on-site soil shall be disturbed as little as possible. Top soil moved during the course of construction shall be redistributed evenly over the tract after construction is completed, with said areas then stabilized by approved seeding, sodding and plantings.
c.
During the design, planning and construction of any development, a conscious effort shall be made to preserve existing vegetation on the site. The municipal agency may, at its discretion, require special vegetation protection techniques, including snow fencing, to minimize site disturbance during construction. The municipal agency shall reserve the right to require the transplanting of unique or extraordinary trees that would otherwise be destroyed by site development.
§ 35-25.1 Lighting Requirements.
[Ord. No. 2003-18]
a.
Street lighting shall be of a style and number specified by the approving authority and may be required at all roadway intersections, culs-de-sac and elsewhere as deemed necessary for safety reasons. The costs of all equipment and installation of said street lights shall be borne by the developer.
b.
All parking areas, driveways, walkways, building entrances, loading areas and similar locations serving multifamily residential and all nonresidential uses shall be adequately illuminated for safety and security purposes. The lighting of intersections, driveways and similar locations shall provide an average illumination of 0.6 footcandle, while all parking areas shall provide an average illumination of 0.4 footcandle. Illumination levels of other areas to be lighted shall be determined by the approving authority after due consideration of the subject application.
c.
All outdoor lighting shall be arranged and shielded so as to minimize undesirable lighting impacts such as glare, driver distraction, unnecessary illumination and night glow. Automatic shut-off or dimming devices shall be required for all light fixtures after 10:00 p.m., or 1/2 hour after the closing of any nonresidential use, whichever is later, with the exception of security lighting. Lighting serving residential uses shall be permitted throughout the night.
d.
Where appropriate, wall-mounted light fixtures shall be preferred over pole-mounted fixtures provided the required illumination levels can be met. When pole-mounted fixtures are required within parking areas, said poles shall be located within landscaped islands; no such pole shall be permitted to be located directly within a parking lot.
e.
No light fixture shall provide a mounting height in excess of 18 feet, or the height of the principal building, whichever is less.
f.
The fixture style of any lighting shall be subject to the approval of the approving authority.
g.
All lighting plans shall be subject to a post-development lighting inspection by the Township Engineer.
h.
The approving authority shall reserve the right to modify lighting requirements or impose additional lighting requirements after due consideration of the size and type of the proposed development; the location and intensity of nearby street lighting, and the nature of surrounding land uses.
§ 35-26 LOT CONFIGURATION.
[Ord. No. 2003-18]
a.
Insofar as practical, side lot lines shall be either at right angles or radial to street lines.
b.
All lots shall be suitable for their intended use. Where the suitability of a lot for its intended use is in question due to locational, environmental or other planning characteristics, the approving authority may withhold approval of said lot or lots.
c.
Each lot must front on an approved street.
d.
Concrete monuments shall be located and installed in accordance with Township requirements and the New Jersey Map Filing Act.
e.
No development requiring the vacation of a street or the acquisition of public lands shall be taken before an approving authority until said vacation or acquisition has been agreed to by the Township.
§ 35-30.1 General Guidelines.
[Ord. No. 2003-18; Ord. No. 2013-07 § 1(D)]
a.
All new buildings should relate harmoniously to the natural features of the site and to existing buildings and other substantial structures in the vicinity that have a visual relationship to the proposed building or buildings. The achievement of such relationship may include the enclosure of space in conjunction with other existing buildings or other proposed buildings and/or the creation of focal points with respect to avenues of approach, terrain features or other buildings. In particular areas, building height and orientation may have to be adjusted in order to maintain such relationships or to preserve visual access to community focal points either natural or man-made.
b.
The selection of building design elements with respect to materials, fenestration, color, texture, etc., should ensure that such treatment is harmonious with the colonial heritage of the Township.
c.
Building additions and renovations should be designed to reflect the existing building in terms of scale, materials, arrangement of windows, and color. Additions and renovations are encouraged that are sympathetic to the original building yet traditional in spirit.
d.
Appearance of the side and rear elevations of building shall receive architectural treatment comparable to that of any proposed front facade if parking or public access routes are provided next to the buildings, or if the side or rear facades are in the view of the general public.
e.
New buildings should, where appropriate, strengthen the particular urban design features of its locale by, for example, framing a view corridor, enclosing an open space area, or continuing a particular design feature or statement. New construction should respect the existing street pattern to preserve the adjacent streetscape and reinforce it where possible and appropriate.
§ 35-30.2 Building, Massing and Scale.
[Ord. No. 2003-18]
a.
Large, horizontal buildings of less than four stories in height should be broken down into segments having vertical orientation.
b.
Buildings with expansive blank walls are prohibited.
c.
Buildings should be designed to be "wall dominated" in that the roofs are visually less dominant in the total design. Roof forms should be similar to those predominantly found on adjacent buildings. Mansard roofs shall be finished with the same or comparable materials used on the corresponding facade.
d.
A human scale should be achieved at ground level and along street frontages and entryways through the use of such scale elements as windows, doors, columns, plazas, awnings and canopies.
e.
In new infill construction, the alignments of proposed facades shall be consistent with the existing setback of nearby buildings and shall be harmonious with the existing sidewalk pattern. In cases of irregular setbacks, new construction shall conform to ordinance requirements.
§ 35-30.3 Facade Treatment.
[Ord. No. 2003-18; Ord. No. 2013-07 § 1(E)]
a.
Multi-tenant buildings shall provide uniform store fronts, doorways, windows, awnings and other design features for all ground floor tenants. Upper floors of said buildings shall at a minimum be coordinated with the ground floor through common materials and colors.
b.
New construction should use windows of similar sizes and shapes or incorporate other facade elements that establish the same pattern of other buildings in its context. Window and door sizes and shapes should not be significantly altered by any building renovation. Mirrored glass shall be prohibited.
c.
In new construction, dominant zones and horizontal lines that establish those zones should be included in the design. Such lines include the tops of display windows, sign fascias, cornices and belt or soldier courses.
d.
Rhythms which carry through a block such as store front patterns, window spacing, entrances, canopies or awnings, etc., should be incorporated into new or renovated facades.
e.
In all building renovations and expansions, fire escapes shall be prohibited on the principal facade(s) of a building, or on any facade facing a public street, unless otherwise required by the fire subcode.
f.
Where appropriate, facade renovations should be in accordance with the original architectural style of the building. Original details should be retained; when it becomes necessary to introduce new features they should harmonize with existing features. If windows and doors must be replaced, new materials shall match the original design.
g.
New facades in the O, N-C and G-C zones shall be of a traditional design and appearance.
h.
Historical architectural styles that do not have a design relationship to the rest of the building are prohibited. Surface detailing should be integrated with the structure rather than applied for decorative purposes.
i.
The use of creative lighting schemes to highlight building facades and related areas of a site shall be encouraged. The use of traditional style lanterns and similar fixtures also shall be encouraged. Exterior neon lights and lighting generating glare and unnecessary night glow impacts shall be prohibited.
§ 35-30.4 Building Materials and Texture.
[Ord. No. 2003-18]
a.
Repair and restoration of existing building materials deemed to be of architectural and/or historical value shall be strongly encouraged.
b.
Where appropriate, building renovations shall incorporate elements of the original facade into the renovation design.
c.
The use of brick, stone, clapboard, shakes and other facade materials consistent with traditional architectural styles shall be required of all buildings in the 0, N-C and G-C Zones in the Township.
§ 35-30.5 Other Requirements.
[Ord. No. 2003-18]
a.
The use of street furniture (benches, tables, trash receptacles, etc.) shall be encouraged throughout the Township, provided the materials used are consistent with the overall concept of the building design.
b.
Awnings shall be encouraged on all retail buildings in the Township. All awnings shall be constructed and installed so that the awning complements the overall building design. No awning shall extend more than four feet from the building facade. No awning frame shall be less than eight feet above the ground, and no valance shall be closer than 7 1/2 feet from the ground.
c.
Where applicable, buildings shall be painted with colors generally consistent with traditional architectural design. The painting of buildings with bold patterns, checks, or stripes is prohibited.
§ 35-31 SIGNS. [1]
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance No. 2003-18.
§ 35-31.1 Purpose.
[Ord. No. 2008-11 § I, 35-31.1]
The purpose of this chapter is to promote the public health, safety and general welfare through a comprehensive system of reasonable, consistent and nondiscriminatory sign standards and requirements. These sign regulations are intended to:
a.
Enable the identification of places of residence and business.
b.
Allow the communication of information necessary for the conduct of commerce and the presentation of information.
c.
Lessen hazardous situations, confusion and visual clutter caused by proliferation, improper placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic.
d.
Enhance the attractiveness, aesthetics and economic well-being of the Township as a place to live, work and conduct business.
e.
Protect the public from the dangers of unsafe signs.
f.
Permit signs that are compatible with their surroundings and aid orientation, and preclude placement of signs in a manner that conceals or obstructs adjacent land uses or signs.
g.
Encourage signs that are appropriate to the zoning district in which they are located and consistent with the category of use to which they pertain.
h.
Establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains.
i.
Preclude signs from conflicting with the principal permitted use of the site or adjoining sites.
j.
Regulate signs in a manner so as to not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians.
k.
Require signs to be constructed, installed and maintained in a safe and satisfactory manner.
§ 35-31.2 Construction Permits.
[Ord. No. 2008-11 § I, 35-31.2; Ord. No. 2013-07 § 1(F)]
No outdoor sign or structure, except for residential name plates no larger than one square foot, as defined herein, shall be erected, hung, placed, or relocated unless written application has been made to the Zoning Officer and a permit therefor has been duly issued by him upon payment of the established fee. Temporary signs shall also require a permit from the Zoning Officer.
§ 35-31.3 Sign Measurements.
[Ord. No. 2008-11 § I, 35-31.3]
a.
Computation of Sign Area. The area of a sign shall be computed as the total square foot content of the background upon which the lettering, illustration or display is presented. If there is no background, the sign area shall be computed, as the product of the largest horizontal width and the largest vertical height of the lettering, illustration or total display. This shall not be construed to include any supporting members which are used solely for such purpose. For signs with two sides, the maximum sign area shall be permitted on each side. Signs with more than two sides are prohibited.
b.
Computation of Sign Height. The height of a sign shall be computed as the largest vertical height of the background upon which the lettering, illustration, or display is presented. If there is no background, the height shall be the largest vertical height of the lettering, illustration, or total display. If the letters, illustrations, or displays are attached directly to the face of a building, the height of the sign shall be the height of the largest letter, illustration, or total display, whichever is greatest.
§ 35-31.4 General Sign Provisions.
[Ord. No. 2008-11 § I, 35-31.4; Ord. No. 2013-07 § 1(G), (H); amended 5-10-2022 by Ord. No. 2022-11]
a.
No sign shall be placed in such a position that it will cause confusion or danger to street traffic by obscuring the view of drivers or pedestrians, or by simulating official directional or warning signals maintained by any governmental body, railroad, or public utility concerned with the protection of public health or safety. This shall include, but not be limited to, any sign visible from the public right-of-way which uses an arrow device, flashing lights, or any depiction of stop signs, traffic signals, or other traffic safety devices. No sign shall be placed in any sight triangle required by the Township unless specifically permitted by the approving authority.
b.
No sign or any part of any sign shall be moving or give the illusion of movement.
c.
All illuminated signs shall be either indirectly lighted or of the diffused lighting type. No sign shall be lighted by means of flashing or intermittent illumination. This shall include Electronic Message Centers (EMCs), which are also referred to as digital signs or computer-controlled electronic signs that change copy or images more frequently than once per minute. All lights used for the illumination of any use or building or the area surrounding them or for the illumination of display of merchandise or products of business establishments shall be completely shielded from the view of vehicular traffic using the road or roads abutting such business properties. Floodlights or spot lights used for the illumination of any sign, whether or not such floodlights or spot lights are attached to or separate from the building, shall not project above the highest elevation of the front wall of the building nor more than 18 feet above the street level of the premises, whichever is less. Illuminated signs shall be so arranged as to reflect the light and glare away from the adjoining premises or from an adjoining street. All commercial establishments with the exception of those in the H-C Zone shall turn illuminated signs off no later than 1/2 hour after closing or 10:00 p.m., whichever is later.
d.
No sign shall be placed on any roof or above the highest point of any facade and no sign shall be placed on any mansard roof, so that it projects above the top of the mansard.
e.
Signs must be constructed of durable materials, maintained in good condition, and not allowed to become dilapidated. All signs shall be properly affixed to an approved structure and no signs shall be attached to trees, utility poles, or similar supports unless permitted by the approving authority.
f.
No sign type shall be the principal use on a property, except where billboards as a use are permitted within specific zones. Any billboard that is located on a property shall conform to the requirements of this Section 35-31 and Subsection 35-41.2(l). Advertising signs which are not freestanding billboards and do not exceed 24 square feet in area may be located on fences surrounding Township ball fields, provided that said signs face toward the field.
g.
Portable signs are prohibited.
h.
No sign, other than directional and public safety signs, shall be erected within the street right-of-way without the specific approval of the Township.
i.
No approval or permit shall be issued for any sign to be located on any property containing nonconforming signs until such nonconforming signs have been removed or replaced.
j.
No sign shall emit an audible signal of any kind.
k.
No sign shall be erected, or enlarged which is not in conformance with this chapter.
l.
Inflatable signs are prohibited.
m.
Neon, argon, or similar tubular gaseous illuminated signs shall be permitted only pursuant to the following regulations:
1.
Those signs which are located in the interior of a building, but are intended to be viewed from the outside, are limited to one sign per window and shall be no larger than six square feet, or 15% of the total window area, whichever is less.
2.
Those signs located on the exterior of the building, shall be counted in the overall regulated sign area, and shall be shielded by a translucent diffusing cover in order to minimize glare.
§ 35-31.5 Special Sign Provisions.
[Ord. No. 2008-11 § I, 35-31.5; Ord. No. 2010-37; Ord. No. 2013-07 § 1(I)]
a.
Home Occupation Signs. Where permitted, home occupation signs shall not exceed four square feet in area and shall not be illuminated. Such signs shall be placed a minimum of five feet from the property line. No more than one such sign shall be permitted per property.
b.
Public Announcement Signs.
c.
Real Estate Signs. A real estate sign shall be temporary advertising the sale, rental, or lease of the premises or portions thereof, and shall be nonilluminated. Such signs in residential districts shall not exceed four square feet, and in all other districts shall not exceed nine square feet with the exception of the H-C Zone, where said signs shall have a maximum size of 32 square feet. No more than one real estate sign shall be permitted per property. These provisions shall further apply to all signs announcing that the premises or portion thereof have been sold, rented, or leased.
d.
Removal of Signs. Removal of business signs shall be within 14 days of the closing of such business and shall be the responsibility of the owner of the property. Real estate signs shall be removed within seven days after the signing of a sale transaction or the execution of a lease.
e.
Flags. Flags of government entities shall be permitted in all zone districts except that no more than three flags shall be permitted per property. No flag pole shall exceed 35 feet in height. No flag advertising commercial activities or entities shall be permitted.
g.
Direction and Safety Signs. Directional and safety signs shall be provided as required by the approving authority, and shall not be included in any sign area computation. No directional or safety sign shall contain advertising material of any kind.
h.
Construction Signs. One construction sign not exceeding 32 square feet in area in nonresidential zones, and six square feet in residential zones shall be permitted on all authorized construction sites to advertise the name of the development, the contractors involved, participating vendors, and/or similar information. No such sign shall be permitted prior to the acquisition of a construction permit for the site and all such signs shall be removed upon substantial completion of the construction project. Such signs shall be located a minimum of 10 feet from the front property line.
i.
Help Wanted Signs. Temporary "Help Wanted" signs shall be permitted at all nonresidential land uses provided said sign does not exceed two square feet in area.
j.
Temporary Signs. Temporary signs, including banners and pennants, shall be permitted for special public and semi-public events and for private grand openings and special sales events. One temporary sign used by a business shall not be used more than twice in any calendar year with each use limited to not more than 30 days. No temporary sign shall exceed the maximum area permitted for permanent signs in that zone. Temporary signs shall require a permit from the Construction Official. No banner shall be affixed to a freestanding sign.
§ 35-31.6 Signs in Single-Family Residential Districts.
[Ord. No. 2008-11 § I, 35-31.6]
a.
One nameplate sign may be placed anywhere within a front yard of a single-family residence.
b.
One additional nonilluminated freestanding sign, no larger than two square feet in area and no higher than four feet, located at least five feet from the front lot line shall be allowed.
c.
No permanent window or door mounted signs are permitted.
§ 35-31.7 Signs in Multifamily Residential Districts.
[Ord. No. 2008-11 § I, 35-31.7]
a.
One nonilluminated or ground lighted sign for each entrance of a complex may be permitted provided such sign does not exceed 20 square feet in area or four feet in height and contains only the name of the apartment development or building, the street address, the location of the manager, and the presence or lack of available vacant dwelling units. Such signs shall be located a minimum of 10 feet from the front property line.
§ 35-31.8 Signs in Commercial Districts.
[Ord. No. 2008-11 § I, 35-31.8; Ord. No. 2013-07 § 1(J); amended 5-10-2022 by Ord. No. 2022-11]
In the O, N-C, G-C, and H-C Zones, no sign shall be permitted unless in accordance with the following:
a.
Wall signs shall meet the following requirements:
1.
No business establishment shall be permitted more than one wall sign, except that uses located on corner or through lots shall be permitted one wall sign for each facade facing a public street. The total sign area for the sign or signs permitted on the face of any wall shall not exceed 10% of the area of the face of the wall upon which such sign or signs are attached, nor shall the length of said sign or signs exceed 60% of the width of the wall on which it is located. On the secondary street frontage on a corner lot in the O and N-C Zones, the maximum area of signage shall not exceed 5% of the wall area nor 40% of the width of the wall to which it is attached.
2.
No sign shall extend further than 15 inches from the face of the building upon which it is attached, provided, however, that where a sign extends more than three inches from the face of said wall, the bottom of said sign shall not be closer than 10 feet from the ground level below said sign.
3.
The maximum height of any single wall sign shall not exceed five feet.
4.
Businesses with additional public entrances facing a rear or side parking lot shall be permitted an additional wall mounted sign no larger than six square feet identifying that entrance.
5.
A wall-mounted billboard must also comply with the requirements of Subsection 35-41.2(l).
b.
Freestanding signs shall meet the following requirements:
1.
Unless otherwise provided, one freestanding sign shall be permitted for each lot.
2.
The principal building must provide a fifty-foot front yard setback.
3.
The vertical distance from the finished grade at the base of the sign stanchion to the highest point on the sign, and the vertical clearance at the bottom of the sign, shall meet the following standards:
(a)
Shopping centers with three or more businesses located in the H-C Zone shall not exceed a distance of 27 feet and shall have a minimum clearance from the ground of seven feet.
(b)
Individual businesses and shopping centers with less than three businesses located in the H-C Zone shall not exceed a distance of 22 feet and shall have a minimum clearance from the ground of seven feet.
(c)
Freestanding signs for all businesses located in the O, N-C and G-C Zones shall not exceed a distance of 12 feet.
4.
Each sign must be set back both a minimum of 10 feet from the front lot line and a minimum of 15 feet from the edge of the pavement.
5.
The area shall not exceed the following standards:
(a)
Shopping centers with three or more businesses located in the H-C Zone shall be permitted a total sign area of no more than 200 square feet.
(b)
Individual businesses and shopping centers with less than three businesses located in the HC Zone shall be permitted a total sign area of no more than 75 square feet per business.
(c)
The maximum area for freestanding signs located in the 0, N-C and G-C Zones shall not exceed 24 square feet.
6.
All signs must comply with the side yard requirements for principal buildings in the zone in which the sign is located.
7.
Properties located on the Center Island of Route 22 in the H-C zone shall be permitted two freestanding signs provided one is located on each road frontage.
8.
It is recognized that automobile dealerships located along Route 22 in the H-C zone have unique circumstances and conditions that require sign regulations which are different from other commercial enterprises located on that highway. They generally occupy more land area, have larger road frontages and are sometimes occupied by multiple franchises. Given these circumstances and mindful of the municipal goal to control and regulate sign clutter, the following regulations are proposed specifically for freestanding signs for automobile and truck dealerships located on Route 22.
(a)
Each automobile dealership shall be permitted one freestanding sign for each 100 feet of road frontage along Route 22, provided that the number of freestanding signs shall not exceed the number of different franchises located on the property and that the freestanding signs are separated by at least 100 feet.
(b)
The maximum area of any single freestanding sign shall be 75 square feet.
(c)
Any single freestanding sign shall not exceed a vertical distance from the finished grade at the base of the sign stanchion to the highest point on the sign of 22 feet and shall have a minimum clearance from the ground of seven feet.
(d)
Freestanding signs must be set back both a minimum of 10 feet from the front lot line and a minimum of 15 feet from the edge of the pavement.
(e)
All signs must comply with the side yard requirements for principal buildings in the zone.
(f)
All signs located on automobile and truck dealerships shall be limited to advertising only goods and services offered on the premises.
9.
The setback, size area, and height restrictions contained in this paragraph b shall not apply to a freestanding billboard, which shall instead be subject to the setback, size area, and height restrictions set forth in Subsection 35- 41.2(l).
c.
Window and door signs shall be permitted at all business establishments provided said signs cover no more than 20% of the windows or door area.
d.
In addition to other permitted signs, banks shall be allowed two signs indicating the availability of automatic teller machine services, provided neither sign exceeds six square feet in area and all such signs are facade mounted.
e.
In addition to other permitted signs, service stations may be permitted an unlimited number of all purpose signs indicating product availability, prices, services offered, and similar information provided that the aggregate area of said signs does not exceed 48 square feet. The freestanding sign regulations for commercial zones shall apply to service stations.
§ 35-31.9 Signs in the Industrial Districts.
[Ord. No. 2008-11 § I, 35-31.9; amended 5-10-2022 by Ord. No. 2022-11]
In the 1-20 and 1-40 Districts, signs shall be permitted in accordance with the following:
a.
Wall signs, including billboards, may be permitted as regulated in Subsection 35-41.2(l) and Subsection 35-31.8(a) herein.
b.
One freestanding sign may be permitted provided no sign shall be more than five feet in height and 25 square feet in area.
c.
The sign must be set back a minimum of 10 feet from the front lot line.
d.
The setback, size area, and height restrictions contained in paragraphs b and c of this subsection shall not apply to a freestanding billboard, which shall instead be subject to the setback, size area, and height restrictions set forth in Subsection 35-41.2(l).
§ 35-31.10 Design Standards.
[Ord. No. 2008-11 § I, 35-31.10]
a.
The use of carved or sandblasted, painted wood signs shall be encouraged on all appropriate properties in the O, N-C, and G-C Zones and other appropriate locations in the Township.
b.
Sign lighting shall be arranged and shielded to reflect light and glare away from adjoining properties and area travelers. Freestanding signs shall be lighted from ground mounted sources only, unless internal illumination is possible, and all such lighting of signs shall be shielded with appropriate landscape elements.
c.
Internally lighted signs shall provide a dark background and light lettering, in no case shall internally lighted signs use stark white graphics of any kind. Whenever necessary, the approving authority shall require a sample of the material to be used for any sign.
d.
Freestanding and ground-mounted signs shall be supported by one or more columns or uprights which are firmly embedded in the ground. Exposed guy wires, chains, piping, conduit or similar materials shall not be used to support any freestanding or ground mounted sign.
e.
New sign plans for existing development shall recognize the provisions of this chapter relating to nonconforming signs and shall consolidate and improve existing signs whenever possible. All changes to existing signs shall conform to all applicable subsections of this section.
f.
The total area of all columns, beams, bases, and design enhancement features used in connection with a sign shall not exceed the total area of the subject sign. For example, where a freestanding sign of 24 square feet of message area is proposed, the framing and support columns of that sign cannot exceed 24 square feet for a total gross area of sign and support features of 48 square feet.
g.
Wall signs for multi-occupancy structures shall use uniform sign sizes, colors, graphics and shapes whenever possible.
h.
In addition to the sign size restrictions established by this chapter, the depth of any freestanding sign or related support or design enhancement feature shall not exceed two feet.
i.
The applicant shall submit sufficient information to ensure compliance with all of the standards of this chapter.
§ 35-32 STREETS, CURBS AND SIDEWALKS.
All design standards for residential development shall comply with the requirements of the new jersey residential site improvement standards, which shall supersede these requirements.
§ 35-32.1 Streets.
[Ord. No. 2003-18]
a.
All developments shall be served by paved public streets and all new street shall be graded and provided with an all weather base and pavement with an adequate crown and shall meet Township specifications and standards.
b.
The arrangements of new streets constructed or to be constructed in subdivisions shall be such as to provide for the logical extension of any existing or mapped streets.
c.
No development showing reserve strips controlling access to another area, either developed or undeveloped, shall be approved except where the control and disposal of land comprising such strips has been given to the Governing Body after recommendation by the approving authority.
d.
Developments that adjoin or include existing streets that do not conform to the widths shown on the Master Plan or Official Map or to the street width requirements of this chapter shall include the dedication of the additional width along one or both sides of said road. If the subdivision is along one side of the street only, 1/2 of the required extra width shall be dedicated.
e.
The right-of-way and pavement widths shall not be less than the following:
Street Type | Right-of-Way | Pavement Width |
|---|---|---|
Arterial Streets | 80 feet | (Determined individually) |
Collector Streets | 60 feet | 36 feet |
Minor Streets | 50 feet | 30 feet |
f.
The right-of-way width for internal roads and alleys in multifamily, commercial and industrial developments shall be determined on an individual basis and shall in all cases be, of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and provide maximum access for firefighting equipment.
g.
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60°. No more than two streets shall meet or intersect at any one point and the centerlines of both intersecting streets shall pass through a common point. Measuring from this common point, any two intersections shall be spaced a minimum of 125 feet apart. The block corners at intersections shall be rounded at the curbline with a curve having a radius of not less than 20 feet. All intersections shall observe the sight triangle requirements of this chapter.
h.
Where streets have a reverse curve, a tangent of at least 100 feet in length shall be required.
i.
Grades of arterial and collector streets shall not exceed 12%. No street shall have a minimum grade of less than 1/2 of 1%.
j.
All changes in grade where the algebraic difference in grade is 1% or greater shall be connected by vertical curves of sufficient length to provide a smooth transition and proper sight distance, but not so great as to create drainage problems.
k.
When connecting street lines deflect from each other at any point by more than 10° and not more than 45°, they shall be connected by a curve with a radius of not less than 100 feet.
l.
Cul-de-sac streets may be used to discourage through traffic. Where cul-de-sac streets are used, they shall be located so that they drain towards their entrances and shall be no longer than 1,000 feet to the point of tangency. They shall provide a turn-around at the end and the minimum right-of-way at the turn-around shall be a radius of at least 50 feet and tangent whenever practicable to the right side of the street.
m.
All driveways or other off-street parking areas shall have driveway aprons extending from the curb line to the street side of the sidewalk and shall meet the same construction specifications as the street. Continuous open driveways in excess of 25 feet resulting in the elimination of curbing along Township streets shall be prohibited.
n.
No street shall have a name which will duplicate or so nearly duplicate the name of an existing street that confusion results. The continuation of an existing street shall have the same name.
o.
The length, width or acreage of blocks shall be determined with due regard to the limitations and opportunities of topography and shall be sufficient to allow all of the area, yard and parking requirements for the uses permitted and regulated in this chapter to be met as well as providing for convenient access, circulation control and safety of street traffic.
p.
Where extra width has been dedicated for the widening of existing streets, lots shall begin at such new line and all setbacks shall be measured from such new line.
q.
Where the property to be subdivided is next to or includes a railroad right-of-way, suitable provisions shall be made for considerations such as road crossings, screening, buffers, freight access, warning signals and signs in recognition of the relationship between the railroad and the subdivision.
§ 35-32.2 Street Name Signs.
[Ord. No. 2003-18]
a.
Street name signs meeting Township specifications as to size, material and location shall be installed at the intersection of all streets and at appropriate curves on curvilinear and similar streets.
b.
Where traffic control signs are deemed necessary by the municipal agency and Township Engineer for Township or County roads or for State highways, the proper Township, County or State official shall be so informed in order that the proper agency may evaluate the necessity of the installation at its own expense.
c.
All street name and traffic control signs shall be installed and maintained free of visual obstruction.
§ 35-32.3 Curbs.
[Ord. No. 2003-18]
a.
Curbing and gutters shall be required along all streets adjacent to or within a development.
b.
The minimum standards regarding the width of gutters, height of curbing, base material, surface material, slope, depth of gutters crossing intersections, and the installation of catch basins, shall be according to the requirements of the Township, the Township Engineer and, in the case of County roads or State highways, the proper County or State official.
c.
Curbs and gutters shall be adequate to handle the maximum water run-off from tributary lands.
§ 35-32.4 Sidewalks.
§ 35-33 UTILITIES.
[Ord. No. 2003-18]
All public services shall be connected to an approved public utilities system. The developer shall arrange with the servicing utility for the underground installation of the utilities' distribution supply lines and service connections in accordance with the provisions of the applicable Standard Terms and Conditions incorporated as a part of its tariff as the same are then on file with the State of New Jersey Board of Regulatory Commissioners (BRC), provided, however, that lots which abut existing streets where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from those overhead lines, but any new service connections for the utilities overhead lines shall be installed underground. In the case of existing overhead utilities, should a road widening or an extension of service or other such condition occur as a result of the development and necessitate the replacement or relocation of such utilities, such replacement or relocation shall be underground. Any installation to be performed by a serving utility shall not be exempt from any provisions of this chapter requiring performance guarantees and inspection and certification by the Township Engineer.
§ 35-34 AFFORDABLE HOUSING.
[Ord. No. 2003-18; amended 5-23-2017 by Ord. No. 2017-08; 11-13-2017 by Ord. No. 2017-16;4-18-2017 by Ord. No. 2017-06; 5-23-2017 by Ord. No. 2017-08]
Purpose; reporting. The following are provisions addressing the Township's constitutional obligation to provide for its fair share of low- and moderate-income housing, as directed by the Superior Court of New Jersey and consistent with N.J.A.C. 5:93-1 et seq.,[1] as amended and supplemented, N.J.A.C. 5:80-26.1 et seq., as amended and supplemented, and the New Jersey Fair Housing Act of 1985. This section is intended to provide assurances that very-low-, low- and moderate-income units ("affordable units") are created with controls on affordability over time and that qualified very-low-, low- and moderate-income households shall occupy those units. This section shall apply to all affordable housing units constructed in the Township of Springfield, except where inconsistent with applicable New Jersey law, and to the extent necessary to ensure compliance with that obligation, shall take precedence over all other sections of the Township's Revised General Ordinances.
a.
The Springfield 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 Housing Element and Fair Share Plan has been endorsed by the Township Committee. This section implements and incorporates the adopted and endorsed Housing Element and Fair Share Plan and addresses the requirements of N.J.A.C. 5:93-1 et seq.,[2] as amended and supplemented, N.J.A.C. 5:80-26.1 et seq. as amended and supplemented, and the New Jersey Fair Housing Act of 1985, as well as the terms of the Township's settlement of its Declaratory Judgment action with respect to its third round fair share obligation.
[2]
Editor's Note: The provisions of N.J.A.C. 5:93-1 et seq. expired 10-16-2016.
b.
The Township shall file annual monitoring reports regarding the status of the implementation of its Court-approved Housing Element and Fair Share Plan. The report shall be posted on the municipal web site and shall be available to the public at the Springfield Township Hall, Township Clerk's Office, 100 Mountain Avenue, New Jersey, 07081. A copy of the report shall also be provided to the Fair Share Housing Center. In addition, in accordance with the Fair Housing Act, the Township shall undertake the actions in the following two provisions:
1.
For the midpoint realistic opportunity review due on 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 Fair Share Housing Center, 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 and whether the mechanisms to meet unmet need should be revised or supplemented. Such posting shall invite any interested party to submit comments to the municipality, with a copy to Fair Share Housing Center, regarding whether any sites no longer present a realistic opportunity and should be replaced and whether the mechanisms to meet unmet need should be revised or supplemented. Any interested party may by motion request a hearing before the court regarding these issues.
2.
For the review of very-low-income housing requirements required by N.J.S.A. 52:27D-329.1, within 30 days of the third anniversary of the agreement, and every three years thereafter, the Township shall post on its municipal website, with a copy provided to Fair Share Housing Center, a status report as to its satisfaction of its very-low-income requirements, including the family very-low-income requirements referenced herein. Such posting shall invite any interested party to submit comments to the municipality and Fair Share Housing Center on the issue of whether the municipality has complied with its very-low-income housing obligation under the terms of this settlement.
[1]
Editor's Note: The provisions of N.J.A.C. 5:93-1 et seq. expired 10-16-2016.
§ 35-34.1 Definitions.
The following terms when used in this section shall have the meanings given in this subsection:
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.).
Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.[1]
The entity designated by the Township to administer affordable units in accordance with this section, N.J.A.C. 5:93,[2] and UHAC (N.J.A.C. 5:80-26).
A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which new restricted units in an affordable housing development are affordable to low- and moderate-income households.
A sales price or rent level that is within the means of a low- or moderate-income household as defined within N.J.A.C. 5:93-7.4,[3] and, in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.
A development included in or approved pursuant to the Housing Element and Fair Share Plan or otherwise intended to address the Township's fair share obligation, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable housing development.
Any mechanism in a municipal Fair Share Plan prepared or implemented to address the Township's fair share obligation.
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.
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 wherein the unit is situated are 62 years of age or older; or 2) at least 80% of the units are occupied by one person who is 55 years of age or older; or 3) the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
A structure in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central heat and common areas. Alternative living arrangements include, but are not limited to: transitional facilities for the homeless; Class A, B, C, D and E boarding homes as regulated by the State of New Jersey Department of Community Affairs; residential health care facilities as regulated by the New Jersey Department of Health; group homes for the developmentally disabled and mentally ill as licensed and/or regulated by the New Jersey Department of Human Services; and congregate living arrangements.
A facility that is licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
A household that has been certified by an administrative agent as a low-income household or moderate-income household.
The Council on Affordable Housing, as established by the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that requires 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.
Any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land included in a proposed development including the holder of an option to contract to purchase, or other person having an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.
A development containing both affordable units and market-rate units. This term includes, but is not limited to: new construction, the conversion of a nonresidential structure to residential use and the creation of new affordable units through the gut rehabilitation or reconstruction of a vacant residential structure.
A household with a total gross annual household income equal to 50% or less of the regional median income by household size.
A restricted unit that is affordable to a low-income household.
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 and load-bearing structural systems.
Housing not restricted to low- and moderate-income households that may sell or rent at any price.
The median income by household size for the applicable housing region, as adopted annually by COAH or other entity approved by the Court.
A household with a total gross annual household income in excess of 50% but less than 80% of the regional median income by household size.
A restricted unit that is affordable to a moderate-income household.
Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor's deed to a class A beneficiary and the transfer of ownership by court order.
A process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).
The maximum housing value in each housing region affordable to a four-person household with an income at 80% of the regional median as defined by duly adopted Regional Income Limits published annually by COAH or a successor entity.
The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.
The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program. In assisted living residences, rent does not include charges for food and services.
A dwelling unit, whether a rental unit or an ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.
The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26 et seq.
A restricted unit that is affordable to a very-low-income household.
A household with a total gross annual household income equal to 30% or less of the regional median income by household size.
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.
§ 35-34.2 Applicability.
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 Springfield pursuant to the Township's most recently adopted Housing Element and Fair Share Plan. Additionally, the provisions of this section regarding the very-low-income housing requirement (and definition thereof), income distribution (and definitions thereof) and bedroom distribution shall apply to all 100% affordable housing developments created using federal low-income housing tax credit financing.
b.
In addition, any property in the Township that is currently zoned for nonresidential uses and that is subsequently rezoned for residential purposes or receives a zoning change or a use variance to permit residential development, or receives a zoning change or a density variance to permit higher density residential development, and provided such residential development provides a sufficient compensatory benefit in terms of the density of development permitted, shall provide an affordable housing set-aside of 15% if the affordable units will be for rent and 20% if the affordable units will be for sale. The determination of a "sufficient compensatory benefit" shall be made by the reviewing authority based upon prevailing legislation and/or case law.
c.
The following sections shall apply to all developments that contain low- and moderate-income housing units, including any currently unanticipated future developments that will provide low- and moderate-income housing units.
§ 35-34.3 Range of Affordability of Low- and Moderate-Income Housing.
[Amended 11-13-2017 by Ord. No. 2017-16]
a.
The average price or rent of purchased low- and moderate-income units within an inclusionary development shall be, as best as practicable, affordable to households at 57.5% of median income as contained in Subsection 35-34.2.
b.
In devising a range of affordability for purchased housing, as required in Subsection a above, the development shall provide moderate-income sales units to be available for at least three different prices and low-income sale units to be available for at least two different prices.
c.
In averaging 57.5% under Subsection a above, developers and/or municipal sponsor of rental units may establish one rent for a low-income unit and one rent for a moderate-income unit for each bedroom distribution.
d.
At least 1/2 of the low- and moderate-income units constructed in a development shall be affordable to low-income households.
§ 35-34.4 Phasing Schedule for Inclusionary Zoning.
In inclusionary developments the following schedule shall be followed:
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 |
§ 35-34.5 New Construction.
a.
Low/moderate split and bedroom distribution of affordable housing units:
1.
The fair share obligation shall be divided equally between low- and moderate-income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low-income unit. At least 13% of all restricted rental units shall be very-low-income units (affordable to a household earning 30% or less of median income). The very-low-income units shall be counted as part of the required number of low-income units within the development.
2.
In each affordable development, at least 50% of the restricted units within each bedroom distribution shall be low-income units.
3.
Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:
(a)
The combined number of efficiency and one-bedroom units shall be no greater than 20% of the total low- and moderate-income units;
(b)
At least 30% of all low- and moderate-income units shall be two-bedroom units;
(c)
At least 20% of all low- and moderate-income units shall be three-bedroom units; and
(d)
The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.
4.
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. This standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit.
b.
Accessibility requirements:
2.
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:
(a)
An adaptable toilet and bathing facility on the first floor;
(b)
An adaptable kitchen on the first floor;
(c)
An interior accessible route of travel on the first floor;
(d)
An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door, on the first floor; and
(e)
If not all of the foregoing requirements in Subsection b2(a) through (d) 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 b2(a) through (d) above have been satisfied, then an interior accessible route of travel shall not be required between stories within an individual unit; and
(f)
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,[2] or evidence that the Township has collected funds from the developer sufficient to make 10% of the adaptable entrances in the development accessible:
(1)
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.
(2)
To this end, the builder of restricted units shall deposit funds within the Township's Affordable Housing Trust Fund sufficient to install accessible entrances in 10% of the affordable units that have been constructed with adaptable entrances.
(3)
The funds deposited under Subsection b2(f)(2) above shall be used by the Township for the sole purpose of making the adaptable entrance of an 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.
(4)
The developer of the restricted units shall submit a design plan and cost estimate to the Construction Official of the Township for the conversion of adaptable to accessible entrances.
(5)
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,[3] and that the cost estimate of such conversion is reasonable, payment shall be made to the Township's Affordable Housing Trust Fund in care of the Township Treasurer who shall ensure that the funds are deposited into the Affordable Housing Trust Fund and appropriately earmarked.
[3]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
(6)
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.[4]
[4]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
[2]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
d.
Maximum rents and sales prices.
[Amended 11-5-2018 by Ord. No. 2018-17]
1.
In establishing rents and sales prices of affordable housing units, the administrative agent shall follow the procedures set forth in the UHAC, utilizing the most recently published regional weighted average of the uncapped Section 8 income limits published by the Department of Housing and Urban Development ("HUD") and using the following calculation procedures approved by the Court.
2.
Income limits for all units that are part of the Township's Housing Element and Fair Share Plan and for which income limits are not already established through a federal program exempted from the UHAC pursuant to N.J.A.C. 5:80-26.1 shall be updated by the Township annually within 30 days of the publication of determinations of median income by HUD as follows:
(a)
Regional income limits shall be established for the region in which the Township is located 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 number of 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.
(b)
The income limits are the result of applying the percentages set forth in Subsection d2(a) above to HUD's determination of median income for the fiscal year 2018, and shall be utilized until the Township updates the income limits after HUD has published revised determinations of median income for the next fiscal year.
(c)
The regional asset limit used in determining an applicant's eligibility for affordable housing pursuant to N.J.A.C. 5:80-26.16(b)(3) shall be calculated by the Township annually by taking the percentage increase of the income limits calculated pursuant to Subsection d2(a) above over the previous year's income limits, and applying the same percentage increase to the Regional Asset Limit from the prior year. In no event shall the Regional Asset Limit be less than that for the previous year.
3.
In establishing sale prices and rents of affordable housing units, the Township's administrative agent shall follow the procedures set forth in UHAC, utilizing the regional income limits established pursuant to the process defined above.
4.
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 rental units shall be affordable to households earning no more than 52% of median income.
5.
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, provided that at least 13% of all low- and moderate-income rental units shall be affordable to very-low-income households, which very-low-income units shall be part of the low-income requirement.
6.
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 sales prices for each bedroom type, and low-income ownership units must be available for at least two different sales prices for each bedroom type.
7.
In determining the initial sales prices and rent levels for compliance with the affordability average requirements for restricted units other than assisted living facilities and age-restricted developments, the following standards shall be used:
(a)
A studio shall be affordable to a one-person household;
(b)
A one-bedroom unit shall be affordable to a one-and-one-half-person household;
(c)
A two-bedroom unit shall be affordable to a three-person household;
(d)
A three-bedroom unit shall be affordable to a four-and-one-half-person household; and
(e)
A four-bedroom unit shall be affordable to a six-person household.
8.
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 used:
9.
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.
10.
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 size household, including an allowance for tenant paid utilities, 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.
11.
The resale prices 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 determined pursuant to the above methodology. In no event shall the maximum resale price established by the administrative agent be lower than the last recorded purchase price.
12.
The rent levels of very-low-, low- and moderate-income units may be increased annually based on the percentage increase in the Housing Consumer Price Index for the Northeast Urban Area, upon its publication for the prior calendar year. This increase shall not exceed 9% in any one year. Rents for units constructed pursuant to low-income housing tax credit regulations shall be indexed pursuant to the regulations governing low-income housing tax credits.
§ 35-34.6 Utilities.
a.
Affordable units shall utilize the same type of heating source as market units within an inclusionary development.
b.
Tenant-paid utilities included in the utility allowance shall be set forth in the lease and shall be consistent with the utility allowance approved by DCA for its Section 8 program.
§ 35-34.7 Occupancy Standards.
In referring certified households to specific restricted units, the administrative agent shall, to the extent feasible and without causing an undue delay in the occupancy of a unit, strive to:
§ 35-34.8 Control Periods for Restricted Ownership Units and Enforcement Mechanisms.
a.
Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5, 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 the 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.
b.
The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.
c.
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.
d.
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.
e.
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.
f.
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.
§ 35-34.9 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:
a.
The initial purchase price for a restricted ownership unit shall be approved by the administrative agent.
b.
The administrative agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.
c.
The master deeds of inclusionary developments shall provide no distinction between the condominium or homeowner association fees and special assessments paid by low- and moderate-income purchasers and those paid by market purchasers.
d.
The owners of restricted ownership units may apply to the administrative agent to increase the maximum sales price for the unit on the basis of anticipated capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom. See § 35-34.13.
§ 35-34.10 Buyer Income Eligibility.
a.
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.
b.
Notwithstanding the foregoing, however, the administrative agent may, upon approval by the Township Committee, and subject to the Court's approval, permit moderate-income purchasers to buy low-income units in housing markets if the administrative agent determines that there is an insufficient number of eligible low-income purchasers to permit prompt occupancy of the units. All such low-income units to be sold to moderate-income households shall retain the required pricing and pricing restrictions for low-income units.
c.
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.
d.
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 eligible monthly income.
§ 35-34.11 Limitations on Indebtedness Secured by Ownership Unit; Subordination.
a.
Prior to incurring any indebtedness to be secured by a restricted ownership unit, the owner shall apply to the administrative agent for a determination 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.
b.
With the exception of first purchase money mortgages, 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 the unit, as such price is determined by the administrative agent in accordance with N.J.A.C. 5:80-26.6(b).
§ 35-34.12 Capital Improvements to Ownership Units.
a.
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 made since the purchase of the unit. Eligible capital improvements shall be those that render the unit suitable for a larger household or that add an additional bathroom. In no event shall the maximum sales price of an improved housing unit exceed the limits of affordability for the larger household.
b.
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.
§ 35-34.13 Control Periods for Restricted Rental Units.
a.
Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, 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 the 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.
b.
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 Union County Clerk. A copy of the filed document shall be provided to the administrative agent within 30 days of the receipt of a certificate of occupancy.
c.
A restricted rental unit shall remain subject to the affordability controls of this section despite the occurrence of any of the following events:
§ 35-34.14 Rent Restrictions for Rental Units; Leases.
a.
A written lease shall be required for all restricted rental units and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each restricted rental unit shall be provided to the administrative agent.
b.
No additional fees or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the administrative agent.
c.
Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the applicable restricted unit and shall be payable to the administrative agent to be applied to the costs of administering the controls applicable to the unit as set forth in this section.
d.
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.
§ 35-34.15 Tenant Income Eligibility.
a.
Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as may be amended and supplemented, and shall be determined as follows:
1.
Very-low-income rental units shall be reserved for households with a gross household income less than or equal to 30% of median income.
2.
Low-income rental units shall be reserved for households with a gross household income less than or equal to 50% of median income.
3.
Moderate-income rental units shall be reserved for households with a gross household income less than 80% of median income.
b.
The administrative agent shall certify a household as eligible for a restricted rental unit when the household is a very-low-income household, 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:
1.
The household currently pays more than 35% (40% for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;
2.
The household has consistently paid more than 35% (40% for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;
3.
The household is currently in substandard or overcrowded living conditions;
4.
The household documents the existence of assets with which the household proposes to supplement the rent payments; or
5.
The household documents 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.
§ 35-34.16 Municipal Housing Liaison.
a.
The Township shall appoint a specific municipal employee to serve as a Municipal Housing Liaison responsible for administering the affordable housing program, including affordability controls, the affirmative marketing plan, monitoring and reporting, and, where applicable, supervising any contracted administrative agent. The Township shall adopt an Ordinance creating the position of Municipal Housing Liaison. The Township shall adopt a Resolution appointing a Municipal Housing Liaison. The Municipal Housing Liaison shall be appointed by the governing body and may be a full- or part-time municipal employee. The Municipal Housing Liaison shall be approved by the Court and shall be duly qualified through a training program sponsored by Affordable Housing Professionals of New Jersey before assuming the duties of Municipal Housing Liaison.
b.
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Township, including the following responsibilities which may not be contracted out to the administrative agent:
1.
Serving as the Township's primary point of contact for all inquiries from the State, affordable housing providers, administrative agents and interested households;
2.
Monitoring the status of all restricted units in the Township's Fair Share Plan;
3.
Compiling, verifying and submitting annual monitoring reports as may be required by the Court;
4.
Coordinating meetings with affordable housing providers and administrative agents, as needed; and
5.
Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing at least annually and more often as needed.
c.
Subject to the approval of the Court, the Township shall designate one or more administrative agent(s) to administer newly constructed affordable units in accordance with UHAC. An operating manual for each affordable housing program shall be provided by the administrative agent(s) to be adopted by resolution of the governing body and subject to approval of the Court. The operating manual(s) shall be available for public inspection in the office of the Township Clerk, in the office of the Municipal Housing Liaison, and in the office(s) of the administrative agent(s). The Municipal Housing Liaison shall supervise the contracting administrative agent(s).
§ 35-34.17 Administrative Agent.
The administrative agent shall be an independent entity serving under contract to and reporting to the municipality. The fees of the administrative agent shall be paid by the owners of the affordable units for which the services of the administrative agent are required. The administrative agent shall perform the duties and responsibilities of an administrative agent as set forth in UHAC, including those set forth in Sections 5:80-26.14, 16 and 18 thereof, which includes:
a.
Affirmative marketing:
1.
Conducting an outreach process to affirmatively market affordable housing units in accordance with the affirmative marketing plan of the Township 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.
b.
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 Appendices 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 when referring households for certification to affordable units.
c.
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 Union 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.
d.
Resales and rerentals:
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- and moderate-income households regarding the availability of restricted units for resale or rerental.
e.
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 Township of an owner's intent to sell a restricted unit; and
4.
Making determinations on requests by owners of restricted units for hardship waivers.
f.
Enforcement:
1.
Securing annually from the Township 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.
The posting annually in all rental properties, including two-family homes, of 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 Township'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.
g.
Additional responsibilities:
1.
The administrative agent shall have the authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.
2.
The administrative agent shall prepare monitoring reports for submission to the Municipal Housing Liaison in time to meet any monitoring requirements and deadlines imposed by the Court.
3.
The administrative agent shall attend continuing education sessions on affordability controls, compliance monitoring, and affirmative marketing at least annually and more often as needed.
§ 35-34.19 Affirmative Marketing Requirements.
a.
The Township shall adopt by resolution an affirmative marketing plan, subject to approval of the Court, that is compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented.
b.
The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units which are being marketed by a developer, sponsor or owner of affordable housing. The affirmative marketing plan is 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 marketing activities toward Housing Region 2 and is required to be followed throughout the period of restriction.
c.
The affirmative marketing plan shall provide a regional preference for all households that live and/or work in Housing Region 2, comprised of Morris, Essex, Union and Warren Counties.
d.
The Township 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 implement the affirmative marketing plan to assure the affirmative marketing of all affordable units.
e.
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.
f.
The affirmative marketing plan shall describe the media to be used in advertising and publicizing the availability of housing. In implementing the affirmative marketing plan, the administrative agent shall consider the use of language translations where appropriate.
g.
The affirmative marketing process for available affordable units shall begin at least four months (120 days) prior to the expected date of occupancy.
h.
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; Township Hall and the Springfield Free Public Library; and the developer's rental office. Applications shall be mailed to prospective applicants upon request. In addition, specific notice of the availability of affordable housing units shall be provided by the administrative agent to the following community and regional organizations: Fair Share Housing Center, 510 Park Boulevard, Cherry Hill, New Jersey 08002; the Latino Action Network, P.O. Box 943, Freehold, New Jersey 07728; East Orange NAACP, P.O. Box 1127, East Orange, New Jersey 07019; Newark NAACP, P.O. Box 1262, Newark, New Jersey 07101; Morris County NAACP, P.O. Box 2256, Morristown, New Jersey 07962; and Elizabeth NAACP, P.O. Box 6732, Elizabeth, New Jersey 07206.
[Amended 11-13-2017 by Ord. No. 2017-16]
i.
The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner.
§ 35-34.20 Enforcement of Affordable Housing Regulations.
a.
Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner, developer or tenant, the Township shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, a requirement for household recertification, acceleration of all sums due under a mortgage, recuperation of any funds from a sale in violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.
b.
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 Township may take the following action(s) against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:
1.
The Township 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 adjudged 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:
(a)
A fine of not more than $500 per day or imprisonment for a period not to exceed 90 days, or both, provided that each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not a continuation of the initial offense;
(b)
In the case of an owner who has rented a low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Township Affordable Housing Trust Fund of the gross amount of rent illegally collected;
(c)
In the case of an owner who has rented a 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.
2.
The Township may file a court action in the Superior Court seeking a judgment that would result in the termination of the owner's equity of other interest in the unit, in the nature of a mortgage foreclosure. Any such 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- or moderate-income unit.
(a)
The judgment shall be enforceable, at the option of the Township, 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 his right to possession terminated as well as his title conveyed pursuant to the Sheriff's sale.
(b)
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 Township 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 Township in full as aforesaid, the violating owner shall be personally responsible for the full 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 Township 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 Township 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 Township. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the Township, whether such balance shall be paid to the owner or forfeited to the Township.
(c)
Foreclosure by the Township 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.
(d)
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 Township 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.
(e)
Failure of the low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the Township shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the Township, 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.
(f)
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.
§ 35-34.21 Appeals.
Appeals from all decisions of an administrative agent appointed pursuant to this section shall be filed in writing with the Court.