[Amended 10-10-1991 by Ord. No. 464-91; 3-25-1993 by Ord. No. 509-93]

The developer of Lots 18 and 31 in the AH-1 District may substitute 37 market units for 37 low- and moderate-income units, provided that at least 145 low- and moderate-income units are constructed on-site, and provided further that the sum of $6,700 per unit is contributed to the Township's housing trust fund for each of the 37 low- and moderate-income units that are not constructed. The developers shall pay 50% of the contribution at the issuance of a building permit, and the remainder at the issuance of a certificate of occupancy, provided that the contributions will only be collected after the required 145 low- and moderate-income units are constructed.

The purpose of this Article XXI shall be the purpose as set forth in § 165-139.

[Amended 3-25-1993 by Ord. No. 509-93]

Principal uses shall be limited to the following:

A. One-family dwellings as permitted and regulated in the SR Residence District.

[Amended 6-14-2006 and 9-13-2006 by Ord. No. 908-06]

B. Multifamily dwellings, including rental housing, of which a minimum of 17.3% shall be limited to occupancy by low- and moderate-income senior citizen households.

The following accessory uses are permitted in the AH-2 District:

A. Private garages.

B. Buildings for storage of maintenance equipment.

C. Off-street parking as hereinafter regulated.

D. Signs as regulated in § 165-109, Signs, of this chapter.

E. Private recreation buildings and facilities, including swimming pools, intended for use by residents of the development.

[Amended 10-10-1991 bv Ord. No. 464-91]

The following zoning standards shall apply to development in the AH-2 District: A. Density. The density of any development shall not exceed 5.2 dwelling units per acre. [Amended 3-25-1993 by Ord. No. 509-93]

B. Minimum lot area: 25 acres.

C. Minimum setback from tract boundary lines: 75 feet.

D. Maximum building coverage: 15% of the gross tract area for principal buildings, excluding structures with roofs but without walls, such as open porches attached to dwelling units, and excluding permitted accessory buildings, all of which shall combine with principal buildings for a total building coverage not to exceed 20% of the gross tract area.

E. Maximum height of building. No building shall exceed 35 feet in height or 2 1/2 stories from the mean elevation of the finished grade of the foundation, except that apartment buildings shall not exceed 40 feet in height and three stories, provided that:

(1) A maximum of 60% of the total housing units of the development can be contained in three-story, forty-foot buildings.

(2) A three-story building shall include a sloped and variable roofline, within which a section of a three-story roof ridgeline cannot exceed an uninterrupted length of 50 feet.

(3) A maximum of 55% of the exterior elevation of any three-story building may exceed 35 feet.

(4) A three story building shall have a ground floor elevation that is at least 10 feet below the maximum elevation on the parcel.

(5) In the case of a stepped building, height shall be measured from the finished grade of the foundation of each building section occupying a common foundation elevation.

(6) A walk-out cellar shall not be considered to be a story for the purpose of determining building height.

F. Requirements for one and two-family dwellings. The minimum lot area and bulk requirements for one- and two-family dwellings shall be as provided in the AH-1 District, § 165-143F.

G. Multifamily dwellings shall comply with the design standards and requirements contained in § 165-71B(7).

H. Accessory building. Accessory buildings shall comply with the requirements of § 165-143H.

I. Off-street parking. Off-street parking shall conform to all applicable provisions of Part 6, Subdivision and Site Plan Review.

[Added 10-22-1990 by Ord. No. 436-90]

The purpose of this Article XXII is to establish regulations and standards controlling the development of land in specified areas of the Township with provisions for the construction of low- and moderate-income housing units or contributions of funds to support the development, redevelopment, and rehabilitation of low and moderate income housing units, in accordance with the provisions set forth below and in accordance with the provisions of the New Jersey Fair Housing Act.

A. One-family dwellings as permitted and regulated in the Schedule of Zoning Requirements.

B. Two-family dwellings as permitted and regulated in the Schedule of Zoning Requirements.

C. Three- and four-family dwellings as permitted and regulated in the Schedule of Zoning Requirements. [Added 10-22-1990 by Ord. No. 436-90]

Permitted accessory uses shall be as follows:

A. Private garages.

B. Buildings for storage of maintenance equipment.

C. Off-street parking as hereinafter regulated.

D. Signs as regulated in the Clinton Township Sign Ordinance.

E. Private recreation buildings and facilities, including ancillary indoor and outdoor private recreational amenities, intended for use by residents of the development.

F. Gazebos and similar outdoor landscape structures. [Added 10-22-1990 by Ord. No. 436-90]

G. Residential swimming pools subject to the following conditions: [Added 5-27-2009 by Ord. No. 982-09]

(1) A zoning permit is required for residential swimming pools.

(2) Residential swimming pools shall be designed so that there are no adverse impacts on topography, structures or stormwater management of the subject property or adjacent properties, as determined by the Township Engineer. Prior to seeking a permit for the construction of a residential swimming pool, an existing conditions plan, prepared by a professional land surveyor, shall be submitted that depicts existing and proposed topography, existing and proposed buildings and site improvements within the subject property and within 20 feet of the lot lines on adjacent properties.

(3) Residential swimming pools shall be designed to comply with § 165-72C(7), Critical geologic formation area investigation program, which provides a process for evaluating the potential impacts of, and technical requirements for, development in Critical Geological Formation Areas, except that a Phase I Checklist shall not be required. Compliance with § 165-72C(7) shall be determined by the Township Geotechnical Consultant, who shall act in place of the Planning Board during this process. Studies undertaken pursuant to § 165-72C(7) should be infr normed by t .heChm-,neck n m oocumentation proa n n .n a i list 1 dduced during the development of the original subdivision. Conditions D.1.b.(1)-(7),(10)-(12) of Clinton Township Planning Board Resolution 2001-12 for the Water's Edge subdivision governing construction on the site shall apply.

(4) Residential swimming pools shall be designed to comply with § 165-72H, Geologic hazards reevaluation, compliance and enforcement, which provides a process for evaluating and addressing specific geologic hazards that are not identified during the geologic investigation program but are discovered during construction. Compliance with § 165-72H shall be determined by the Township Geotechnical Consultant, who shall act in place of the Planning Board during this process.

(5) Swimming pools are not permitted on the following lots, as set forth on the "Tax Map Clinton Township," dated October 1962, revised January 19, 2004, the development of which is impacted by an existing NJ Water Supply Authority grouting easement:

(a) Block 68, Lots 63, 64, 65, 66, 67, 68, 69, 70, 71, 73.

(b) Block 68.01, Lots 2, 3, 4, 5, 6.

The following zoning standards shall apply to development in the AH-3 District:

A. Permitted development. Development of the AH-3 Zone shall not exceed 187 dwelling units, including any units for occupancy by low and moderate income households as required by § 165-153.

B. Minimum tract area: 35 acres.

C. Minimum building setback from existing streets and tract boundaries: 50 feet, exclusive of gazebos, roads and garden furniture.

D. Maximum building coverage: 15% of gross tract area for principal buildings, excluding structures with roofs but without walls, such as open porches attached to dwelling units and excluding permitted accessory buildings, all of which shall combine with principal buildings for a total building coverage not to exceed 20% of the gross tract area.

E. Maximum impervious coverage. 50% of gross lot area. [Amended 5-27-2009 by Ord. No. 982-09]

F. Maximum height of building. No building shall exceed a height of 2 1/2 stories or 25 feet at the highest elevation around the foundation nor 3 1/2 stories or 35 feet at the lowest elevation around the foundation.

G. Accessory buildings. The requirements of § 165-143G shall be met, except that gazebos and other garden furniture may be located no closer than 10 feet to tract boundary lines.

H. Off-street parking. Off-street parking shall conform to all applicable provisions of Part 6, Subdivision and Site Plan Review.

I. Minimum roadway setback from tract boundaries. No new roadway shall be located closer than 10 feet to tract boundaries, except where such roadway intersects with an existing street. [Added 10-22-1990 by Ord. No. 436-90]

[Added 10-22-1990 by Ord. No. 436-90]

The developer of lands within the AH-3 District shall either:

A. Provide at least 10% of the total number of dwelling units to be limited to occupancy by low- and moderate-income households according to § 165-143; or

B. Provide to Clinton Township a cash contribution in the amount of $2,000 per approved dwelling unit, to be used for the development, redevelopment or rehabilitation of low and moderate income housing within Clinton Township, or through a regional contribution agreement approved by the Council on Affordable Housing.

[Added 10-22-1990 by Ord. No. 436-90]

At least five acres of public open space shall be provided including at least three contiguous acres devoted to active recreation and approximately one acre at the southwest corner of the tract devoted to a Spruce Run Overlook Park, offering access to all Clinton Township residents. Pedestrian connections shall be provided between developed areas and all open space areas.

[Added 3-25-1993 by Ord. No. 511-93]

A. Definitions.

COAH - The New Jersey Council on Affordable Housing.

DEVELOPMENT FEES - Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in COAH's rules.

EQUALIZED ASSESSED VALUE - The value of a property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of building permit may be obtained by the Tax Assessor utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the Municipal Tax Assessor.

JUDGMENT OF REPOSE - A judgment issued by the Superior Court approving a municipality's plan to satisfy its fair share obligation.

SUBSTANTIVE CERTIFICATION - A determination by COAH approving a municipality's housing element and fair share plan in accordance with the provisions of the Act and the rules and regulations as set forth herein. A grant of substantive certification shall be valid for a period of six years in accordance with the terms and conditions contained therein.

B. Purpose. In Holmdel Builder's Ass'n. V. Holmdel Twp., 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985, N.J.S.A. 52:27D-301 et seq., and the State Constitution subject to COAH developing rules. The purpose of this ordinance is to establish standards for the collection, maintenance and expenditure of development fees pursuant to COAH's rules. Fees collected pursuant to this ordinance shall be used for the sole purpose of providing low- and moderate-income housing. This ordinance shall be interpreted within the framework of COAH's rules on development fees.

C. Residential development fees. Within the R-1, R-2, RR-4S, SR and VR Zoning Districts, developers shall pay a development fee of 1% of the equalized assessed value of any eligible residential activity pursuant to § 165-155E. [Amended 10-27-1994 by Ord. No. 560-94; 6-14-2006 and 9-13-2006 by Ord. No. 908-06; 12-13-2006 by Ord. No. 918-06]

D. Nonresidential development fees. All nonresidential development shall be subject to the provisions of the required growth-share affordable housing obligation, Chapter 151, Article II, of this Code. [Amended 10-27-1994 by Ord. No. 560-94; 6-14-2006 and 9-13-2006 by Ord. No. 908-06; 12-13-2006 by Ord. No. 918-06]

E. Eligible exaction, ineligible exaction and exemptions.

(1) Developers of low- and moderate-income units shall be exempt from paying development fees.

(2) All expansions of existing nonresidential structures shall be subject to the provisions of the required growth-share affordable housing obligation, Chapter 151, Article II, of this Code. [Amended 10-27-1994 by Ord. No. 560-94; 12-13-2006 by Ord. No. 918-06]

(3) Developers that have received preliminary or final approval prior to the effective date of the ordinance shall be exempt from paying a development fee unless the developer seeks a substantial change in the approval.

(4) The Township exempts the following types of development from the imposition of development fees: development by the Township or any of its instrumentalities. [Added 12-12-2002 by Ord. No. 801-02; amended 12-13-2006 by Ord. No. 918-06]

F. Collection of fees.

(1) Developers shall pay 50% of the calculated development fee to Clinton Township at the issuance of building permits. The development fee shall be examined by the Tax Assessor prior to the issuance of building permits.

(2) Developers shall pay the remaining fee to Clinton Township at the issuance of certificates of occupancy. At the issuance of certificates of occupancy, the Tax Assessor shall calculate the equalized assessed value and the appropriate development fee. The developer shall be responsible for paying the difference between the fee calculated at the issuance of the certificates of occupancy and the amount paid at the issuance of the building permit.

G. Housing trust fund.

(1) There is hereby created an interest-bearing housing trust fund in United National Bank for the purpose of receiving development fees from residential and nonresidential developers. All development fees paid by developers pursuant to this section shall be deposited in this fund. No money shall be expended from the housing trust fund unless the expenditure conforms to a spending plan approved by COAH.

(2) If COAH determines that Clinton Township is not in conformance with COAH's rules on development fees, COAH is authorized to direct the manner in which all development fees collected pursuant to this section shall be expended. Such authorization is pursuant to the section; COAH's rules on development fees and the written authorization from the governing body to United National Bank.

H. Use of funds.

(1) Money deposited in a housing trust fund may be used for any activity approved by COAH for addressing Clinton Township's low- and moderate-income housing obligation. Such activities may include, but are not necessarily limited to housing rehabilitation; new construction; regional contribution agreements; the purchase of land for low and moderate income housing; extension and/or improvements of roads and infrastructure to low and moderate income housing sites; assistance designed to render units to be more affordable to low- and moderate-income people; and administrative costs necessary to implement Clinton Township's housing element. The expenditure of all money shall conform to a spending plan approved by COAH.

(2) At least 30% of the revenues collected shall be devoted to render units more affordable. Examples of such activities include, but are not limited to down payment assistance, low-interest loans and rental assistance.

(3) No more than 20% of the revenues shall be expended on administration costs necessary to develop, revise, or implement the housing element. Examples of eligible administrative activities including personnel, consulting services, space costs, consumable supplies and rental or purchase of equipment.

(4) Development fee revenue shall not be expended to reimburse Clinton Township for housing activities that preceded substantive certification.

I. Expiration. This section shall expire if: [Amended 10-27-1994 by Ord. No. 560-94]

(1) COAH revokes substantive certification or its certification of this section; or

(2) Substantive certification/judgment of repose expires prior to Clinton Township filing an adopted housing element with COAH, petitioning for substantive certification or receiving COAH's approval of this section.