Every lot shall have yards as required in the zone district in which said lot is located unless otherwise provided by this subsection. All front yards must face upon a dedicated public street and shall be of the size required for the particular zone district in which the lot is located; provided, however, that on streets less than fifty (50) feet in width, the required front yard shall be increased by one-half () the difference between the width of the street and fifty (50) feet; and provided further, that any lot which abuts a street with a proposed right-of-way greater than fifty (50) feet in width as shown on the Master Plan of the Borough of Roseland, adopted pursuant to N.J.S.A. 40:55D-28 shall have a front yard setback measured from the nearest line of the proposed building or structure to the proposed right-of-way line shown on said Master Plan.
No open space which has been counted or included as part of a side yard, rear yard, front yard, court or other open space as required by this chapter for one (1) building or lot may, by reason of change of ownership or for any other reason, be counted or included in order to comply with the yard, court or other open space requirement of any other building or lot.
All yards on corner lots abutting any street shall be construed as front yards and shall be subject to the front yard setback requirements of the zone in which said lot falls. All yards other than front yards of a corner lot shall be -construed as side yards and shall conform to the side yard setback requirement of the zone in which said lot falls; provided, however, nothing contained in this subsection shall be construed to permit a building closer to any property line than that as permitted and regulated in this subsection.
The height limitations required in each zone district shall not apply to church steeples. Church buildings, hospitals for humans, public school buildings and structures, masts flag poles, household receiving antennas, or any municipally owned leased or operated building, structure or use, shall not exceed fifty (50) feet in height or the height limitation set for the zone district in which it is located, whichever is greater.
In the OB-1, OB-2, OB-3 and RM zones, rooftop appurtenances, such as HVAC systems or elevator towers, may exceed the allowed height by no more than ten (10) feet if such structures do not cover more than twenty-five (25%) percent of the roof area, are not intended for human habitation and are screened in a manner consistent architecturally with the proposed building. (Ord. No. 23-1990; Ord. No. 13-2000; Ord. No. 6-2001 § X)
a. No driveway shall be located within five (5) feet of a side lot line unless it is a common driveway for attached duplex or multifamily dwelling. No driveway pavement area shall be wider than one-half () the width of a lot.
b. See also Article V, Section 30-508 for additional parking lot and driveway design standards.
a. Permitted Principal Uses.
1. Single family detached dwelling in the R-1, R-2, R-3, R-4 only.
2. Townhouses in the R-5 and R-6 Districts only.
3. Garden apartment units in the R-6 District only.
4. Public parks and playgrounds.
6. Open space in all districts, including the R-2A district.
b. Permitted Accessory Uses and Structures.
1. Accessory structures shall be limited to pools (in-ground or above ground), cabanas, decks, sheds (not exceeding 150 square feet), and detached garages (as permitted by subsection 30-403.7a,3 of this article). The total number of accessory structures per single family lot shall not exceed three (3).
2. Signs as permitted and regulated.
3. Not more than two (2) roomers or boarders per dwelling unit.
4. Private, noncommercial swimming pool, tennis court or racquetball court.
5. Fences and/or walls.
6. Private, noncommercial greenhouses.
7. Home occupations.
c. Permitted Conditional Uses.
1. Public and private schools.
2. Church or other place of worship.
3. Municipal uses.
4. Board of Education Uses.
5. Public utility facilities.
6. Residential professional offices
d. Lot, Yard and Height Regulations.
See Schedule I.
e. Townhouse Standards.
Townhouses shall be allowed in the R-5 and R-6 Zones only, subject to the following requirements:
1. Tract and Lot Area. Minimum tract size for townhouse uses shall be five (5) acres.
2. Height. No building shall exceed a maximum of thirty-five (35) feet in height.
3. Yards. No building containing a single-family attached dwelling unit shall be closer than fifty (50) feet to any abutting street right-of-way line nor closer than fifty (50) feet to any other property line. Accessory structures and parking are permitted in the side and rear yard provided no accessory structure or parking area shall project closer than twenty (20) feet to any property line.
4. Minimum Distance Between Buildings. There shall be a minimum distance between dwelling structures as provided in the following schedule:
5. Density. The average density of any parcel of land shall not exceed six (6) single-family attached dwellings for every acre of the tract of land so developed. Building coverage shall not exceed twenty (20%) percent of the tract.
6. Units per Structure. No structure shall contain more than eight (8) single-family attached dwellings.
7. Rooms. All single-family attached dwellings shall contain at least one (1) bedroom separate from the living area.
8.Off-Street Parking. See Section 30-520.
9. Lighting. Reasonable yard lighting shall be provided to illuminate the premises at night. All wiring shall be laid underground. All lighting fixtures shall be so arranged so that the direct source of light is not visible from any residential areas as approved by the Board.
10. Partition Walls. There shall be between each single-family attached dwelling a firewall which shall be constructed pursuant to the following specifications as verified by the Construction Official. Such noncombustible wall shall have a sound transmission classification (STC) of not less than fifty-two (52) based on the laboratory test procedure specified in the ASTM (American Society of Testing Materials) recommended practice E-90-66T.
11. Landscaping. All outdoor areas shall be landscaped as approved by the Board. All parking and service areas shall be adequately screened and shielded from adjacent residential areas and located on the site as approved by the Board. Interior development roads and pedestrian walks shall be provided with shade trees. Open spaces adjacent to and between buildings, border strips along interior development roads, and areas along the sides of pedestrian walks shall be graded and seeded to provide a thick stand of grass or other plant material ground cover. Approaches to single family attached dwelling structures and entrance areas shall be attractively shrubbed.
Top soil shall not be removed from the site during construction but shall be stored and redistributed to areas within the development most exposed to view by occupants and the public and such areas shall be stabilized against erosion by seeding or planting.
12. Utilities. Every dwelling must be connected to the public sanitary sewer and water systems, as approved by the Board. Fire hydrants shall be installed by the developer in adequate numbers and at locations recommended by the Borough Engineer. All utilities such as electricity, telephone and the like shall be installed underground. Adequate provision for storm drainage must be made as approved by the Board after consultation with the Borough Engineer.
13. Traffic. The Board shall require entrances and exits to the site at locations and widths that will minimize traffic congestion and result in the best vehicular and pedestrian circulation pattern both on and abutting the site. The Board may require the applicant to submit a traffic engineering study prepared by a licensed professional traffic engineer which will indicate the impact that the development of the site will have on surrounding roads. This traffic study shall include the following elements:
(a) Estimated peak hourly traffic to be generated by the proposal.
(b) Assignment of estimated peak hourly traffic by percentage and volume to surrounding streets.
If the results of the survey indicate necessary off-site improvements of existing Borough streets, the applicant shall contribute a pro rated share of such improvements as determined by the Board.
14. Guarantees. The applicant shall furnish to the Board, as a condition of final site plan approval, agreements, covenants, master deeds, bylaws and other instruments deemed necessary by the Board to effectively guarantee and verify that:
(a) The lands designated for open spaces and all common elements the condominium will be properly preserved and maintained in perpetuity.
(b) That the condominium will meet all common expenses and properly assume all obligations and normal incidents of ownership.
f. Garden Apartment Standards.
Garden apartments shall be allowed in the R-6 Zone only, subject to the requirements below. Customary accessory uses to the above permitted uses are also permitted.
2. Project Size. There shall be at least sixty (60) dwelling units within each garden apartment project or any development section thereof.
3. Density. The number of dwelling units m the overact development area shall not exceed an average of ten (10) dwelling units per acre. Building coverage shall not exceed twenty (20%) percent of the tract.
4. Units per Structure. No structure shall contain more than twelve (12) dwelling units.
5. Utilities. Every garden apartment development must be connected to the public sanitary sewer and water systems, as approved by the Borough Engineer. Fire hydrants shall be installed by the developer in adequate numbers and at locations as approved by the Board Telephone and electric wiring shall be laid underground.
6. Height. No building containing garden apartment units shall exceed thirty-five (35) feet in height.
7. Frontage. Every lot shall have a frontage of not less than one hundred (100) feet measured along the front street right-of-way line.
8. Setback. No building, structure or parking area shall be located within fifty (50) feet of any pre-existing public street as of the time of the initial application. Every building or structure shall have a minimum setback of twenty-five (25) feet from all interior development roads and shall have a setback of fifty (50) feet from adjoining property lines bounding the development area. Accessory structures and parking in the side and rear yards are permitted provided no accessory structure or parking area shall project closer than twenty (20) feet to any property line.
9. Minimum Distance Between Buildings. There shall be a minimum distance between dwelling structures as provided in the following schedule:
10. Superintendent. Each garden apartment project shall have a building superintendent residing on the premises.
11. Landscaping. All open spaces in any garden apartment project shall be adequately landscaped and maintained in good condition after approval by the Board. All parking and service areas shall be so screened that adjacent residential areas are shielded from said parking or service areas, and all ingress and egress driveways to and from said parking and service areas shall only be located within the R-6 Zone District.
12. Lighting and Wiring. Yard lighting shall be provided during the hours of darkness to provide illumination for the premises and all interior sidewalks, walkways and parking areas thereon. All electrical and telephone wiring shall be laid underground and all lighting fixtures shall be so arranged that the direct source of light is not visible from any street or adjacent residential areas.
13. Parking. All garden apartment development shall meet the off-street parking provisions of Section 30-520.
14. Location. No dwelling unit or any portion thereof shall be located below the first story or above the second story of any garden apartment structure.
15. Facilities. Each dwelling unit shall contain complete cooking, toilet and bathing facilities; provided, however, that any garden apartment dwelling unit containing more than two (2) bedrooms shall have at least one and one-half (1 1/2) baths. For the purpose of administering this subsection, a half bath shall consist of at least a toilet and a sink.
All bedrooms shall be separately partitioned and enclosed.
Each garden apartment dwelling structure shall contain a readily accessible interior storage area in the basement of at least ,five hundred (500) cubic feet per dwelling unit. The height of any such storage area shall not be less than seven (7) feet.
Each garden apartment dwelling structure shall contain separately partitioned clothes washing and drying areas of at least ten (10) square feet of floor area per dwelling unit.
16. Driveways. Private driveways, where approved by the Board, shall provide adequate access and circulation within the development as well as relative to public thoroughfares and shall be in harmony with the proposals of the Master Plan, the Official Map, and the requirements of the Board. All drives, access roadways and sidewalks shall be properly paved, curbed and drained as, approved by the Borough Engineer and shall comply with the requirements of the ordinances of the Borough of Roseland. All driveways shall have a minimum pavement width of twenty-four (24) feet between curbs. However, access roadways shall have a minimum pavement width of thirty (30) feet between curbs. Private access roadways, where necessary, shall be designated as Emergency Vehicle Routes. Curb parking along these routes shall be prohibited and the prohibition enforced by the Borough.
(Ord. No. 20-1993; Ord. No. 23-1997 § II; Ord. No. 3-2000; Ord. No. 6-2001 §§ VII- IX)
g. Conversion of Residential Density.
Nonresidential floor area may be substituted for residential density in the R-2A Zone, subject to the requirements below:
1. Both the OB-1 and the R-2A portions of a lot shall be under the same ownership.
2. F.A.R. on the R-2A portion shall be eighteen (18%) percent.
3. The R-2A portion shall be deed restricted against any further development.
(Ord. No. 20-1993; Ord. No. 23-1997 § II; Ord. No. 13-2000; Ord. No. 6-2001 §§ VII-IX)
The Borough of Roseland recognizes its obligation under the New Jersey Fair Housing Act to provide for its own indigenous need and its fair share of the regional need of low and moderate income (affordable) housing. According to data developed by the New Jersey Council on Affordable Housing (COAH), Roseland's precredited housing need is two hundred sixty (260) housing units consisting of an indigenous need of three (3) units and an inclusionary component of two hundred fifty-seven (257) units. Due to a lack of available, developable, vacant land, the Borough has sought an adjustment of the inclusionary component from COAH.
a. Permitted Principal Uses and Densities.
Properties in the AH Districts may be developed only for townhouses and apartments subject to the following requirements and limitations:
1. In the R-7/AH-1 District, properties may be developed only for townhouses at a maximum density of six (6) housing units per acre, exclusive of any State or Federally designated wetland or other wetland area confirmed by professional investigation and any area containing slopes exceeding a grade of fifteen (15%) percent and subject to other requirements and limitations as may be imposed by this chapter, provided, however, that not less than thirty-six (36) housing units shall be designated for occupancy by low and moderate income households less any units as may be transferred under a regional contribution agreement. The units designated for low and moderate income households may be either townhouses or apartments.
2. In the R-8/AH-2 District, properties may be developed only for townhouses at a maximum density of six (6) housing units per acre, exclusive of any State or Federally designated wetland or other wetland area confirmed by professional investigation and any area containing slopes exceeding a grade of fifteen (15%) percent, and subject to other requirements and limitations as may be imposed by the chapter provided, however, that not less than twenty (20%) percent of the total number of housing units shall be designated for occupancy by low and moderate income senior citizen households. The units designated for low and moderate income senior citizen households may be either townhouses or apartments.
3. In the R-9/AH-3 District, properties may be developed only for townhouses at a maximum density of six (6) housing units per acre, exclusive of any State or Federally designated wetland or other wetland area confirmed by professional investigation and any area containing slopes exceeding a grade of fifteen (15%) percent, and subject to other requirements and limitations as may he imposed by this chapter provided, however, that not less than twenty (20%) percent of the total number of housing units shall be designated for occupancy by low and moderate income households.
b. Permitted Accessory Uses.
The following accessory uses are permitted in all AH Districts:
1. Private garages.
2. Buildings for storage of maintenance equipment.
3. Off-street parking as regulated in Section 30-520.
4. Signs in accordance with subsection 30-403.17.
5. Private recreation buildings and facilities, including swimming pools intended for use by residents of the premises.
c. Required Conditions.
The following zoning standards shall apply to development in the AH Districts:
1. Minimum lot area - fifteen (15) acres.
2. Minimum setback from streets and tract boundary - fifty (50) feet.
3. Maximum building coverage - twenty (20%) percent of site.
4. Maximum height of building - No building shall exceed a height of two and one-half (2-1/2) stories or thirty-five (35) feet.
5. Maximum Number of Dwelling Units per Building:
Townhouses-eight (8); Apartments - sixteen (16); Townhouses and apartments-twelve (12).
6. Parking - Adequate provision shall be made for off-street parking in accordance with all applicable provisions of Section 30-520 of this chapter.
7. Dispersal of Low and Moderate Income Housing Units: In the R-8/AH-2 and R-9/AH-3 Districts, low and moderate income housing units shall be interspersed with market rate units both throughout the development and within individual buildings. No building shall be devoted-exclusively to low and moderate income housing units. In buildings containing low and moderate income housing units, not more than seventy-five (75%) percent of the total number of units shall be low and moderate income housing units.
d. Minimum Distances Between Buildings.
There shall be a minimum distance between dwelling structures as provided in the following schedule:
*Note: Not less than (50) feet if driveway is located between buildings.
e. Accessory Buildings.
1. Setbacks. Accessory buildings shall meet the street and property line setbacks of the principal building. Swimming pools, tennis courts and other surfaced recreation facilities shall be at least one hundred (100) feet from a residential property line and at least fifty (50) feet from any other property line.
2. Height. The maximum height of an accessory building shall be sixteen (16) feet. Clubhouses shall be governed by height limitations for principal buildings.
3. Design. Architectural design and materials used in the construction of accessory buildings shall conform to those used in the construction of principal buildings.
f. Open Space and Recreation.
Exclusive of internal roadways and parking areas, there shall be provided a minimum, of thirty (30%) percent of the entire tract for common open spaces and recreation facilities, of which not less than five (5%) percent of the entire tract shall be developed for active recreation purposes appropriate for the needs of the anticipated population of the development.
g. Low and Moderate Income Housing Requirements.
1. Not less than fifty (50%) percent of the low and moderate income units in each development shall be made affordable and sold or rented to low income households.
2. In the R-7/AH-1 and R-9/AH-3 Districts, at least thirty-five (35%) percent of the low and thirty-five (35%) percent of the moderate income units shall be two (2) bedroom units. At least fifteen (15%) percent of the low and fifteen (15%) percent of the moderate income units shall be three (3) bedroom units, and no more than twenty (20%) percent of the low and twenty (20%) percent of the moderate income units shall be efficiency or studio units. In the R-8/AH-2 District, low and moderate income units need contain no more than one (1) bedroom; provided, however, that no more than twenty (20%) percent of the low and twenty (20%) percent of the moderate income units shall be efficiency or studio units.
3. Minimum floor area requirements for low and moderate income housing units shall be as follows:
4. All buildings containing low and moderate income units shall be comparable to those containing market units in terms of architectural design and quality of building materials. All site amenities, including recreation facilities, shall be available to low and moderate income households to the same extent that they are available to households occupying market units.
h. Phasing.
A.developer shall submit a phasing schedule for the construction of low and moderate income units. At least half the lower income units in each phase shall be low income units.
Affordable housing units shall be constructed at a rate no less rapid than the following:
i. Occupancy Selection.
1. The Administrator shall designate an application period during which applications to purchase or rent units will be accepted.
2. Applications shall be accepted only if submitted on an application form prepared and approved by the Administrator. Applications shall be co completely filled out and notarized. Knowingly or intentionally making any false statement on a form shall be grounds for disqualifying an applicant even if the applicant is otherwise eligible. The following information shall be required to determine income eligibility for low and moderate income housing:
(a) A copy of IRS Form 1040 (Tax Computation form) for each of the three (3) years prior to the date of the application and a verified statement of income and assets on a form prepared by the Administrator.
(b) A- letter .from. cur-rent employers) stating present annual income or tour (4) consecutive paystubs dated within one hundred twenty (120) days of the interview date.
(c) A letter or appropriate reporting form verifying benefits, including but not limited to, social security or pension.
(d) A letter or appropriate reporting form verifying any other sources of income claimed by the applicant household.
(e) Reports that verify income from assets to be submitted by banks or other financial institutions managing trust funds, money market accounts, stocks or bonds.
(f) Reports that verify assets that do not earn regular income such as real estate and savings with delayed earnings provisions.
3. The Administrator shall determine whether the applicant meets the income and other requirements established in these regulations. The review process shall also involve a credit background report. To be an eligible applicant, the applicant shall have an acceptable credit history such that there is a realistic possibility that he will be approved for a mortgage.
4. The Administrator will determine which eligible applicants shall be offered the opportunity to purchase or rent units. Selection from among the eligible applicants shall be on a random basis subject only to the priority schedule established herein.
j. Eligibility.
Sale or rental of low and moderate income dwelling units shall be on the basis of income of applying eligible households.
1. All applicants for the purchase or rental of low and moderate income units shall meet the income qualifications established within this subsection at the time the application is filed and shall be qualified at the time of taking title or occupancy.
2. Where the number of applicants exceeds the number of low and moderate income units available, the sale or rental of such units shall be determined by lottery.
3. Appeals. In the event that an applicant is determined to be ineligible for a low or moderate income unit by the Administrator, the applicant may submit additional proofs and request reconsideration by the Affordable Housing Board. Such request for reconsideration shall be made within five (5) days of receipt of notice of denial by the applicant.
4. Waiting List. The Administrator may establish a waiting list for the remaining eligible applicants in the manner established herein. After all the units are occupied, the Administrator or the Affordable Housing Board may choose to accept new applications. If an applicant is deemed eligible, the applicant shall be placed on the waiting list at the bottom of the particular priority classification for which the applicant qualifies. The Administrator or the Affordable Housing Board shall periodically recertify the applicants on the waiting list to ensure that the list remains current and that the applicants are still qualified for the units to which they applied.
k. Income Eligibility Standards.
1. The Affordable Housing Board shall adopt income eligibility ceilings for low and moderate income units for various sized households based upon United States Department of Housing and Urban Development "uncapped median income by family size" for the PMSA in which Roseland is located. No applicant with a household income in excess of these ceilings shall be eligible to rent the low and moderate income units.
2. Upon periodic publication of updated income standards by the United States Department of Housing and Urban Development, the Administrator shall modify its income eligibility ceilings accordingly.
3. Income shall include all sources of income, whether taxable or nontaxable including Social Security and pensions.
4. Imputed Income. For the purpose of determining eligibility and rents, interest on the present value of real property and extraordinary personal property owned by the applicant shall be imputed at the interest rate on ninety (90) day Treasury Bills at the end of the most recent calendar quarter.
5. The income and assets of all members of the household as well as the income and assets of any individual who is expected to occupy the unit for which the household is seeking to qualify shall be included in the determination of eligibility and of rents. The form used for verification of household income shall include an affidavit attesting that the application contains the complete income of all current or anticipated household members.
l. Initial Sales and Rental Price.
1. All units offered for sale or rent are to be affordable to a cross-section of low and moderate income households: with respect to low income households, that shall include households earning between thirty-five (35%) percent and fifty (50%) percent of median, adjusted for household size; and with respect to moderate income households, that shall include households earning between fifty (50%) percent arid-eighty (8-0-%) percent of median, adjusted for household size.
2. The average price of low and moderate income units shall be, as best as practicable, affordable to household at fifty-seven and one-half (57.5%) percent of median annual income as contained in N.J.A.C. 5:92-12.4.
The following distribution of prices for every twenty (20) low and moderate income units is established:
For initial occupancy, priority shall be given to households within a particular income category with flexibility based on N. J. Housing and Mortgage Finance Agency affordability controls criteria.
3. For purposes of assuring affordability of housing units to low and moderate income households of varying sizes, it shall be assumed that housing units of different sizes will be occupied by households of different optimum sizes as follows:
4. Sales prices shall be considered affordable where the household purchasing the unit will not spend more than twenty-eight (28%) percent of gross household income for mortgage payments, property taxes, insurance, and homeowners association fees, if any. In making these calculations, the following considerations shall govern:
(a) Mortgage payments shall be determined on the basis of a thirty (30) year fixed rate mortgage at interest rates realistically obtainable from at least two (2) major lenders active in Essex County.
(b) Property taxes shall be determined by applying the equalized property tax rate in Roseland Borough currently in effect to the proposed selling price of the units.
(c) The developer shall use the best available assumptions to determine the insurance and homeowners association fees to be applied to the units.
5. Rental prices shall be considered affordable where the household renting the unit will not spend more than thirty (30%) percent of gross household income for rent, excluding utilities. Maximum rent shall be calculated as a percentage of the uncapped Section 8 income limit or other recognized standard adopted by the COAH that applies to the rental housing unit.
6. The Administrator shall submit all prices, including (where applicable) the proposed stratification, proposed affordability level, and documentation for all elements as set forth above to the Affordable Housing Board which may modify the prices where necessary to comply with this rule. No representation with respect to the price of any low and moderate income unit may be made by the Administrator until that price has been approved by the Affordable Housing Board.
m. Procedure for Resale Transaction.
1. All resale transactions of affordable housing units shall be administered by the Affordable Housing Board. From the date on which the Affordable Housing Board receives a notice of intent to sell by the owner of a low and moderate income unit, the Affordable Housing Board shall have the exclusive right to purchase the unit or to refer prospective purchasers to that unit for a period of ninety (90) days unless waived in writing by the Affordable Housing Board. In the event that a contract for the unit is executed within the ninety (90) day period set above and the prospective buyer is unable to close, the period during which the Affordable Housing Board shall have the exclusive right to market the unit is automatically extended for a period of twenty-one (21) days from the date it is notified of the buyer's inability to close.
2. In the event that no contract has been entered into for the unit at the end of a ninety (90) day period the owner of the unit may seek approval to sell the unit directly. The Affordable Housing Board may choose not to purchase the unit only if, in its judgment, there is no purchaser willing to pay the resale price as determined here. If the Affordable Housing Board chooses at that point not to purchase the unit, it shall authorize the applicant to sell the unit as follows unless it determines that the failure to enter into a contract was the result of negligence, absence of good faith effort or lack of cooperation on the part of the seller:
(a) In the case of a low income unit, to a low income buyer (unless sale to a moderate income buyer would not cause low income owners to be less than fifty (50%) percent of all low and moderate income owners in the Borough of Roseland) or
(b) In the case of a moderate income unit, to a low or moderate income buyer.
(c) Any subsequent sales shall be fully subject to the resale restrictions contained in these regulations. The deed to the above income purchaser shall specifically contain a deed restriction establishing that it is subject to all such controls.
n. Calculation of Resale Price.
The resale price of the unit shall be the base price increased pursuant to paragraph n,1. and n, 2., less any reductions pursuant to paragraph n, 3. herein.
1. Percentage Increase in Household Income. The price approved by the Affordable Housing Board at which the seller acquired the property shall be the base price. The base price shall be multiplied by one hundred (100) plus the percentage increase in the H.U.D. uncapped median income by family size for the P.M.S.A. in which Roseland Borough is located from the time of acquisition of the property to the date that notice of intent to sell is given to the Affordable Housing Board divided by one hundred (100). For example, if the base price is $30,000.00 and the median income at the time of the acquisition is $32,000.00 and at the time of the resale transaction has increased twenty-five (25%) percent to $40,000.00 then the resale price is as follows:
100/1 25/100 = 1.25
$30,000. x 1.25 = $37,500.
2. Improvements. In addition, the seller shall be entitled to add to the selling price of the unit the cost of an eligible capital improvement which, pursuant to N.J.A.C. 5:92-12.8, renders the unit suitable for a larger household.
Upon request of an owner of a low or moderate income unit, the Affordable Housing Board shall consider within thirty (30) days whether to grant prior approval of any improvement and to approve a specific dollar amount up to the amount actually expended for that improvement.
3. Deductions for Repairs Made Necessary by Owner. The Affordable Housing Board shall upon notice from the owner of an intent to sell have an inspection of the unit made. In the event that, as a result of the inspection, the Affordable Housing Board determines that the unit is in need of substantial repairs with respect to plumbing, heating, roof, electrical, structural or foundation defects or that the unit has been left in an infested condition, the Affordable Housing Board shall submit in writing to the owner a list of violations and/or necessary repairs. The estimated cost of any required repair or improvement not completed by the owner prior to the date of closing shall be deducted from the resale price, and the cost to complete these repairs shall be then placed in an escrow account to cover the cost of the repairs.
4. If the seller elects to retain his own attorney, that fee shall be borne by him.
o. Exempt Sales.
The following transactions shall not be deemed sales for the purpose of these regulations and the owner of the unit may receive a statement of exemption from the Affordable Housing Board. Transfer of ownership of an affordable sales unit between husband and wife or between a former husband and wife as the result of a judicial decree of divorce; this shall not include a sale to a third party as a result of divorce. A grant of exemption shall not eliminate the resale control restriction set forth in these regulations. Any subsequent sale shall be subject to all of the terms of these regulations.
p. Rental Increases.
All rerental transactions shall be administered by the Affordable Housing Board. The rents of affordable housing units may increase annually based on the percentage increase in median income for each housing region as determined from the uncapped Section 8. income limits, published by HUD, or other recognized standard adopted by the COAH that applies to the rental housing unit.
q. Repairs.
Repairs may be performed after review and approval by the Administrator.
r. Rental of Low and Moderate Income Sales Unit.
No owner of a lower income unit may lease the unit to another without prior written approval of the Affordable Housing Board which shall not be granted except when justified by particular and unusual circumstances. Any owner seeking such approval shall submit a written request to the Affordable Housing Board setting forth the particular circumstances of the case including the reasons for the request to rent and the proposed duration of the tenancy. In the event the Affordable Housing Board approves the request, it shall notify the owner of the unit. The owner shall rent the unit only to- a qualified low or moderate-income tenant for the period approved by the Affordable Housing Board at a rent affordable to a low or moderate income tenant, whichever is applicable. If such permission is granted, the running of time for duration of controls as defined in paragraph u. below shall be suspended.
s. Conversion of Rental Units to Sales Units.
Rental units may be converted for sale as condominium or fee simple units, but any sale of converted units shall continue to be restricted to persons meeting the income eligibility standards as set for the particular unit until the end of the restriction period set forth in paragraph v. below, unless COAH otherwise requires.
t. Exemption from Rent Control Ordinances.
All rental units, both market and lower income, shall not be subject to any rent control ordinance which may be adopted in the Borough of Roseland during the time period in which affordable housing price controls are effective.
u. Duration of Controls.
Except as otherwise provided in these regulations, all units subject to the provisions of this Article shall be subject to resale and rental controls for a period of twenty (20) years from the date of acquisition of the unit by any purchaser or lessee except as provided in paragraph r. above. Rehabilitation units shall be subject to affordability controls for at least ten (10) years.
All lower income dwelling units shall be covered by covenant to ensure that in all initial sales and rentals, and in all subsequent resales and rerentals, the units will continue to remain available and affordable to the lower income households for which they were intended for the period specified in this subsection in accordance with the requirements and standards established by COAH.
v. Expiration of Controls.
At the end of any twenty (20) year period (or ten (10) year period for rehabilitated units) of controls, the low and moderate income restrictions established in these regulations shall expire except as provided herein. In the event of the first sale of a low and moderate income unit after the controls expire, the unit may be sold to any purchaser at fair market value. However, at closing, ninety (90%) percent of the difference between the fair market value of the unit at the time of closing and the price at which the unit could be sold if it were subject to resale controls shall be paid to the Affordable Housing Board; the funds received by the Affordable Housing Board shall be dedicated by the Borough solely for the purpose of promotion of low and moderate income housing. The Affordable Housing Board may have an appraiser determine whether the unit is in fact being sold for fair market value.
For example, if the unit could be sold for $60,000.00 subject to the resale controls and the fair market value is $110,000.00, the difference is $50,000.00. Ninety (90%) percent of $50,000.00 equals $45,000.00. This payment shall be paid to the Affordable Housing Board on the day of closing of the first sale after the resale controls expire.
w. Foreclosure.
Any mortgage for a low and moderate income unit shall contain a provision requiring the holder of a mortgage on the property to inform the Affordable Housing Board at any time that the purchaser of a unit is forty-five (45) days or more in arrears on payment of his mortgage payments. The Affordable Housing Board shall further be notified by the mortgagee in the event of institution of a foreclosure action.
The Affordable Housing Board shall at all times have the right to intervene in any foreclosure action. In addition, the Affordable Housing Board shall have the right to advance and pay all sums necessary to cure any arrears, to cure any other default or exercise any right of redemption or pay and satisfy any first mortgage or other lien so that the unit may be preserved and retained as a low and moderate income unit. All sums advanced by the Affordable Housing Board shall become a lien against the unit and shall have a higher priority than any lien except that of a first mortgage and tax or other liens held by any government agencies. The Affordable Housing Board is required to advance and pay all sums necessary to cure any default or exercise any right of redemption unless in its judgment there is no other purchaser willing to pay the resale price as determined in paragraph o. above.
x. Foreclosure Exemption from Resale Controls.
In the event of a foreclosure by an institutional first mortgagee, the unit shall be exempt from all further resale restrictions provided that the following conditions have been satisfied:
1. The first mortgage did not exceed one hundred (100%) percent of the authorized sales price of the unit by the current occupant (unless written authorization was given by the Affordable Housing Board for the owner to enter into a mortgage for a higher amount).
2. The Affordable Housing Board has been given both notice of the default by the mortgagee, as well as notice of the institution of foreclosure. In addition, the Affordable Housing Board has not exercised its rights to cure the default.
3. The lender who is the foreclosing mortgagee is the successful bidder at a sheriff's sale and takes title by deed from the sheriff; or the Affordable Housing Board has given written approval for a deed in lieu of foreclosure.
y. Second Mortgages.
No second mortgage shall be placed upon the property without the prior written approval of the Affordable Housing Board. The sum of the first and second mortgage shall not exceed ninety-five (95%0) percent of the resale value of the unit provided herein. In determining whether to grant an approval for the second mortgage, the Affordable Housing Board shall consider the need for the second mortgage and the impact that the second mortgage shall have upon the ability of the Affordable Housing Board to maintain this unit as a low and moderate income unit. Under no circumstances shall a foreclosure of a second mortgage constitute grounds for eliminating the resale controls provided for in this regulation. Prior written approval shall be denied unless second mortgages are specifically authorized by the COAH regulations and the application is consistent with those regulations.
z. Sale of Personal Items.
Items of personal property which arc not permanently affixed to the unit (e.g. refrigerator, freezer, washer, dryer) and which are not included when the unit was purchased may be the subject of separate negotiations between the parties subsequent to the signing of the contract for the purchase of the house. Any agreed price for the purchase of any item or items of personal property shall be reasonable considering the original cost, nature, age and condition of the item. The price to be paid for items of personal property shall not be used as a mechanism to avoid or circumvent the limitations on the resale price of the unit itself. In no event shall the right to purchase the unit be conditioned upon the buyer's willingness to agree to purchase any item or items of personal properties of the seller.
No certificate of occupancy for a low or moderate income unit shall be issued until the developer shall have submitted and have approved by the Affordable Housing Board Attorney, a deed restriction encompassing all the provisions of these regulations.
No certificate of occupancy shall be issued for a resale unit unless the Affordable Housing Board shall certify that the resale complies with the terms of these regulations.
No low and moderate income unit may be occupied by an initial purchaser or resale purchaser without a certificate of occupancy.
bb. Affirmative Marketing.
The Administrator shall develop and implement an affirmative marketing program for affordable housing units that shall include the following:
1. An announcement that specifies eligibility requirements, and a request for application for low and moderate income units shall be placed in the following newspapers:
The Star Ledger
The Progress
2. Newspaper articles announcing the availability of low and moderate income housing units shall be submitted to the foregoing newspapers.
3. The availability and eligibility requirements of low and moderate income housing shall be announced to the Essex County Division of Housing and Community Development, the Essex County Division of Welfare, the Essex County Division on Aging, local church groups and other appropriate local and areawide groups and the cable television local access channel.
4. The purchase and rental of affordable housing units shall be prioritized as per paragraph j. above.
5. The marketing program will commence at least ninety (90) days before issuance of either temporary or permanent certificates of occupancy and shall continue until all low and moderate income housing units are under contract of sale and/or lease.
cc. Waiver.
In the event of a special hardship or in the event that a minor technical modification of these regulations is necessary to effectively implement the policy of this subsection, the Affordable Housing Board may waive or modify those regulations relating to occupancy selection, sale or resale prices, or income eligibility standards provided that such waiver of modification is (a) consistent with the intent of these regulations and the Development Regulations; and (b) does not violate the COAH policy, regulations or statute.
dd. Regional Contribution Agreement (RCA).
In the event that the Borough enters into a Regional Contribution Agreement (RCA) with another municipality for the transfer to that municipality of any portion of its precredited fair share housing obligation, the number of market units to be constructed in a development from which units are transferred may be increased by the number of low and moderate income units so transferred provided that there is a written agreement allowing this between the Borough and the developer.
ee. Funding.
In any inclusionary development, the developer shall be responsible to pay a pro rata share of all affordable housing related costs incurred by the Borough, including, but not limited to, administrative costs, overhead, legal fees and all other costs. These responsibilities for payment, at the discretion of the Mayor and Council, may be included in any payments made by the developer pursuant to a developer's agreement, or otherwise, for affordable housing purposes; provided however that no credit shall be given for payments made pursuant to a developer's agreement, for costs associated with administering initial and subsequent sales or other dispositions of affordable units. The pro rata share of payment due from the developer shall be based on the ratio between the total number of affordable units designated to be built in the affordable housing zone of a developer and the total number of affordable housing units designated to be built in all affordable zones in the Borough.
ff. In the event of any inconsistencies between regulations contained within this subsection and any other regulations contained within the Land Development Ordinance, the regulations set forth in this subsection shall prevail.
(Ord. No. 20-1993; Ord. No. 9-1999)
