[Added 12-29-1999]

Except as otherwise provided by federal or state law, or any regulations promulgatad pursuant thereto, the following buffering standards shall apply when any stream corridor shall be found to be part of a potable water supply watershed, a trout production watershed or a trout maintenance watershed on any site proposed for development:

A. The allowable limit of disturbance shall be 50 feet back from the transition point (as defined below) between the stream corridor and the adjacent upland portion of the site.

B. The "transition point" shall be defined as one of the following:

(1) The point at which a persistent grade of 5% or less shall replace a grade of 10% or more; or

(2) The point at which upland climax vegetation (i.e., oak, beech, hickory, chestnut) breaks with those species typically having either hydric (red maple, sweetgum, sourgum) associations or those typically found on steeper slopes (tulip, green ash); or

(3) The point at which prime agricultural soils, as designated by the Natural Resources Conservation Service in the volume "Soil Survey of Monmouth County," begin.

(4) Where none of the three standards cited above are present, the stream corridor shall have a buffer of 150 feet.

(5) This standard shall apply to stream corridors, ponds, lakes and reservoirs, as defined by New Jersey Department of Environmental Protection Regulations.

A.homeowners' association may be established for the purposes of owning and assuming maintenance responsibility for the common open space and common property designed within a development as denoted on the recorded plat and in the master deed and as previously approved by the approving authority, provided that the approving authority is satisfied that the association will have a sufficient number of members, is so organized and has adequate financial guaranties to reasonably expect a perpetuation of the association in a manner enabling it to meet its obligations and responsibilities in owning and maintaining any property for the benefit of owners or residents of the development. In furtherance of this goal, at the time final approval of the development application by the approving authority is sought, the applicant shall submit to the approving authority for review by the Township Committee a copy of the proposed master deed (prior to recording) and proposed first year's budget of the association, setting forth the income and expense statements as to the maintenance of the common open space and common property by the association, for review and approval to assure that a workable mechanism exists to reasonably assure proper maintenance of these areas by the association. The proposed master deed shall contain a provision that permits the Township to enforce against the association and any of its members the requirement to maintain and finance the maintenance of the common open space and common property. If the association is established, the recorded master deed shall incorporate the following provisions, which shall also be set forth in at least the association's bylaws, to further the goals of this section.

A. Membership by all property owners and other owners of interest in the project shall be mandatory. Required membership and the responsibilities upon the members shall be in writing, between the association and each member, in the form of a covenant, with each agreeing to liability for his or her pro rata share of the association's costs and liabilities.

B. Private internal streets to a development that restrict, discourage, or limit by guards, gatehouses, gates, signs or any other means are not permitted. Private roads which do not restrict, discourage or limit public access may be permitted and owned by the association, in the A-4 and A-6 Zones only, if constructed in accordance with the Township design standards. The Township shall provide for removal of snow, ice and other obstructions, collection of leaves and brush and collection of recyclable materials and sweep streets on permitted unrestricted private streets in the same manner and to the same degree as it provides for dedicated streets subject to the provisions of the Condominium Service Law, N.J.S.A. 40:67-23.2 et seq., but under no circumstances will on-street or off-street parking areas, as denoted on the recorded plat, be serviced or maintained by the Township. Such streets shall be clearly identified on the recorded plat as "Private with no access restrictions" and shall clearly state the maintenance and/or services to be provided by the Township. Nothing contained herein shall exempt the Township from providing police, fire and first-aid services along and on the private nonrestricted access streets. The association shall be responsible for liability insurance covering the Township and shall hold the Township harmless from any liability associated with Township activities on these private streets. The organization shall not be dissolved and shall not dispose of any open space or common property by sale or otherwise without first offering to dedicate the same at no cost to the municipality. [Amended 5-25-2005]

C. The assessment levied by the association upon each member may become a lien on each member's property. The association shall be allowed to adjust the assessment to meet changing needs.

D. The association shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of the covenant, master deed and individual deeds and articles of incorporation of the organization and the conditions under which every tenant and property owner shall have the right to use all common properties. These documents shall be provided as part of the application for final subdivision or site plan approval, shall be approved by the approving authority and shall be made a condition of final approval.

E. The articles of incorporation, covenants, bylaws, master deed and individual deeds and other legal instruments shall ensure that control of the association shall be transferred to the members based on a percentage of the dwelling units sold and/or occupied and shall clearly indicate that in the event that such association shall fail to maintain the open space or common property in reasonable order and condition, the municipality may serve written notice upon such association or upon the owners of the development, setting forth the manner in which the association has failed to maintain the common open space or common property in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the designated municipal body or officer, as the case may be, may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or if immediate action is needed to prevent a nuisance or other threat to public safety or welfare developing before a hearing can be scheduled as provided for hereinabove, the municipality, in order to preserve the common open space and common property and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the common open space and common property, except when the same has been voluntarily dedicated to and accepted by the municipality by the owners. Before the expiration of said year, the municipality shall, upon its initiative or upon the request of the association theretofore responsible for the maintenance of the common open space and common property, call a public hearing, upon 15 days' written notice to such association and to the owners of the development, to be held by the municipality, at which hearing such association and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the municipality, continue for a succeeding year. If the municipality shall determine that such association is ready and able to maintain said open space and property in a reasonable condition, the municipality shall cease to maintain said open space and property at the end of said year. If the municipality shall determine that such association is not ready and able to maintain said open space and property in a reasonable condition, the municipality may, it its discretion, continue to maintain said open space and property during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the municipality in any such case shall constitute a final administrative decision subject to judicial review.

F. The cost of such maintenance by the municipality shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common open space and common property in accordance with the assessed value at the time of imposition of the lien and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereof and enforced and collected with interest by the same officers and in the same manner as other taxes. This remedy shall be in addition to the right of the Township to bring an action to enforce the maintenance and finance of maintenance of the common open space and common property as provided for hereinabove.

A. Lot dimensions and area shall not be less than the requirements of the zoning provisions of this chapter.

B. Insofar as is practical, side lot lines shall not deviate more than 10 from either the right angle of a straight street or the radial of a curved street.

C. Each lot must front upon an approved public street having a right-of-way at least 50 feet in width.

D. Where extra width has been dedicated for widening of existing streets, lots shall begin at such new street right-of-way line, and all setbacks shall be measured from such line. Where extra width has not been dedicated for street widening purposes and the additional width is required to meet this chapter, the adopted Township Master Plan, county design standards or the adopted Route 34, Colts Neck, Highway Access Management Plan, said future right-of-way shall be shown on the subdivision or site plan as "reserved for future road purposes," even though not dedicated, and such future right-of-way line shall be used for measuring all lot area and setback requirements. [Amended 8-13-1997]

E. Where there is a question as to the suitability of a lot or lots for their intended use, due to factors such as poor drainage conditions, inadequate buildable area, adverse topographical conditions, wetlands or flood conditions, where permeability and/or similar tests or test borings show the ground conditions to be inadequate for proper sewage disposal for on-lot sewage treatment or similar circumstances, the approving authority may, after adequate investigation, withhold approval of such lots. If approval is withheld, the approving authority shall give reasons and nature of the investigation made, notify the applicant and enter the same in the minutes.

F. Corner lots. Structures located on a corner lot shall be set back from both streets the required front yard distance, but in no case less than that required for a clear sight triangle. The following methodology shall be used to determine side and rear setback lines for corner lots: [Amended 5-25-2005]

(1) Lot lines of corner lots that are coexistent with side lines of abutting lots shall be considered side lines.

(2) Lot lines of corner lots that are coexistent with rear lines of abutting lots shall be considered rear lines.

(3) Lot lines of corner lots that are coexistent with lot lines of adjoining corner lots shall be considered side lines.

G. Interior residential lots; flag lots.

(1) In the A-1, A-2 and A-3 Zones, a lot of seven or less acres existing as a separate lot on June 21, 1972, at which time this requirement was adopted, in any district where a single-family use is permitted may be subdivided for one and only one additional lot, whose frontage on a public street shall be a fifty-foot-wide access lane. Such a lot layout shall be permitted only if it will not adversely affect the development of the remaining undeveloped land. The provision shall not apply to lots subdivided under the rural residential provisions of this chapter. The frontage shall be measured at the street line, and the side lines of the access lane shall be reasonably perpendicular to such frontage so that the access lane created is reasonably suited for the construction and use as a private lane or possible development of a Township street.

(2) Both lots, exclusive of the access lane, shall meet the width, depth and area requirements of the schedule of limitations for that district in which it is located.

(3) As a condition of subdivision approval to create additional lots fronting on said access lane, the subdivider shall, at his or her own expense, pave and improve said private access lane for its entire length in accordance with all Township standards regulating street construction and the provisions of this chapter and shall offer such street to the Township as a public street. Furthermore, such road improvements shall be made and necessary subdivision approval received prior to the issuance of a construction permit for the additional dwelling or dwellings.

H. Contiguous undersized lots under one ownership are considered one lot.

[Amended 10-8-1997]

A. Purpose. The purpose of these provisions is to provide opportunities for lower-income housing in the A-4 District in order to fulfill the Township's responsibility up to its fair share of the region's lower-income housing need and up to the additional number of market-level units required to provide the financial assistance to provide the lower-income units. The application of the higher densities and the development of additional dwelling units in excess of this obligation are not intended.

B. Required participation.

(1) Any developer of any land in the A-4 District shall have the responsibility to provide at least 20% of the units in the development for lower-income households as a means of participating in the Township's efforts to provide its fair share of lower-income housing. However, each such A-4 tract in existence as of October 1, 1984, may have no more than two lots, with a maximum area of 10% of the total tract, subdivided off the original tract without the production of lower-income housing, provided that the lower-income housing obligation of those lots is added to the obligation of the remainder of the tract. Subdivision and site plan approval of properties in the A-4 District shall be denied unless the developer complies with the obligation to provide lower-income housing pursuant to this section, and the approving authority may impose reasonable conditions to secure such undertaking.

(2) In order to prevent the bonus densities from inflating land costs that might be passed on to a third party and hereby jeopardizing the number of lower-income units that might be built, when the intent of the bonuses is to subsidize the development of lower-income housing, no application for development in the A-4 District shall be approved unless the approving authority resolution granting approval contains a condition that the requirements for low- and/or moderate-income housing units shall be binding upon the applicant and all heirs, successors and assigns.

(3) Each unit constructed as a lower-income unit shall be either sold or rented at prices qualifying the units as affordable to lower-income households in accordance with the most recent family income limits adopted by the New Jersey Council of Affordable Housing for the Township's housing region. Each such unit shall be limited to occupancy by households by virtue of their corresponding low and moderate income.

(a) Eligibility standards for housing units. One half of all lower-income units shall be priced so as to be eligible for rent or purchase by low-income households earning between a floor of 40% and a ceiling of 50% of the median family income, and 1/2 of all lower-income units shall be priced to be eligible for rent or purchase by moderate-income households earning between a floor of 50% and a ceiling of 80% of the median family income. Such housing units shall be priced to be affordable to households representing an evenly distributed cross section of households within the above-stated income ranges.

(b) Unit distribution by size. A minimum of 15% of the lower-income units shall be three-bedroom units and a minimum of 35% shall be two-bedroom units. The remaining 50% may be sized at the developer's discretion. These distribution requirements are not applicable to lower-income housing which is restricted to occupancy by persons age 62 and over.

(c) Unit size, household size and affordability. Units shall be affordable to the following household sizes:

(4) Where the lower-income units are constructed as part of a housing development containing both market-level and lower-income units, certificates of occupancy for the low- and moderate-income units shall be phased in as a development progresses as outlined below so that the low- and moderate-income units are built and occupied proportionately with the market-value units of the development.

C. Density bonuses. In order to achieve the requirements for lower-income housing, density bonuses are included in the appropriate zoning district requirements.

D. Monitoring costs of lower-income housing

(1) Each development project containing lower-income housing shall include in its development application assurance that purchasers and renters of lower-income housing shall qualify by income for the particular category of housing, whether low- or moderate-income, as the case may be, and that subsequent purchasers or renters shall also so qualify by income, adjusted for the date of any such subsequent transactions. The subdivision and/or site plan of property in the A-4 District shall not be approved unless the development complies with the requirements to provide lower-income housing.

(2) The period for control of the income category of the purchaser or renter, along with standards governing annual indexed increases, procedures for resale, eligible capital improvements and the impact of foreclosure or resale shall be in accordance with regulation set forth by the Council on Affordable Housing. After the period of affordability expires, the units may be sold to any purchaser without price controls, provided that in the case of the first sale after the expiration of the controls, 50% of the difference between the sales price or the fair market value of the unit, whichever is greater, and the restricted sales price which could have been obtained by a qualified purchaser in the month before the resale controls ended shall be paid to the Township, to be used for any legitimate purpose that assists in rehabilitating, maintaining, erecting or meeting some other legitimate housing program for low- and moderate-income households.

(3) No lower-income housing unit may, during the period of control specified in Subsection D(2) hereof, be occupied unless a certificate of occupancy is issued. No certificate of occupancy shall be issued unless the unit is covered by a deed or lease restriction, as the case may be, as required by Subsection D(5), and the Office of the Township Administrator has determined that the proposed occupant qualifies by gross household income with the lower-income criteria fixed by this chapter and the Council on Affordable Housing.

(4) In addition to complying with the eligibility standards for housing units and the required unit distribution by size as set forth in § 102-97B(3) above, the maximum monthly cost of a lower-income sale housing unit to the occupant shall not exceed the percentage of the eligible gross monthly income of the household, as currently established by the Council on Affordable Housing, for principal, interest, taxes, condominium fees and insurance. The monthly cost of a lower-income rental unit shall not exceed the percentage of the eligible gross monthly income of the household as currently established by the Council on Affordable Housing for rent excluding utilities.

(5) Upon the initial sale or lease of any lower-income unit, the deed or lease shall contain a covenant, running to the Township of Colts Neck, that the unit shall not, for the period of affordability controls, be conveyed or leased or be permitted to be occupied by any household not qualified by income or, at a price or rental in excess of that specified by this chapter, adjusted for the date of the transaction as provided in the regulation of the Council on Affordable Housing or not in full conformance with all requirements of this section.

(6) The Office of the Township Administrator shall have responsibility for enforcing the income, sales and rent limits for lower-income housing fixed by this chapter. All applications for lower-income housing shall be submitted to the Office of the Township Administrator for approval of income, sales, resales, rents, re-rents and subletting limits for the unit, as adjusted in accordance with Subsection D(5) above and for meeting all requirements of this section.

(7) Failure of a developer to comply with any of the requirements of this section shall be cause for denial of certificates of occupancy to market-level units in the development for which such certificates have not already been granted.

(8) Rents may be increased annually based on the percentage of increase in median income for the Township's housing region as determined by the Council on Affordable Housing.

E. Bulk and design requirements.

(1) The total number and size of units and the portion of lower-income units in a project shall be based on the density and design requirements of the A-4 District.

(2) The lower-income dwelling units shall be designated on the preliminary site plan, shall have compatible exteriors to the market units and shall be located so that they have comparable access to that of the market units to all common open space and all other community facilities within the development.

F. Subsidies. Government subsidies may be used at the discretion of the applicant and are encouraged. The Township shall cooperate in obtaining such subsidies by making application for assistance either in consent with or on behalf of a private developer, if requested to do so, and by providing a resolution of need and authorization of tax abatement, where required, to facilitate obtaining such subsidies. The lack of said subsidies shall no way alter or diminish the lower-income housing requirements of this chapter.

G. Rental housing and down payment assistance.

(1) At least 25% of the required number of low- and moderate-income units shall be rental units for the period of affordability control. The developer shall ensure that 50% of said rental units shall be provided for low-income households and 50% for moderate-income households. Moreover, the bedroom mix of the low- and moderate-income rental units shall be substantially the same as that of the entire complement of lower-income housing in the development.

(2) Upon proofs submitted by the applicant that low- and moderate-income housing units are more likely to be produced by the waiver of the rental requirement set forth above, the approving authority shall permit the applicant to provide only sale units; provided, however, that the applicant shall make available a sum of money to serve as a fund to assist low-income households in the purchase of a dwelling unit within the development. The sum of money to be made available by the applicant to the Township shall be equivalent to the required down payment for the available mortgage financing, at time of closing, for 50% of all the low-income units in the development.

[Added 6-9-2004]

A. This section of the Colts Neck Township Code sets forth regulations regarding low- and moderate-income housing units in Colts Neck Township that are consistent with the provisions of N.J.A.C. 5:93 et seq. as effective on June 6, 1994. These rules are pursuant to the Fair Housing Act of 1985 and Colts Neck Township's constitutional obligation to provide for its fair share of low- and moderate-income housing. These regulations shall govern all new inclusionary developments within Colts Neck Township, with the exception of the development commonly known as "The Grande at Colts Neck," which is governed pursuant to the provisions of N.J.A.C. 5:92.

B. Colts Neck Township's fair share obligation will be divided equally between low- and moderate-income households as per N.J.A.C. 5:93-2.20.

C. Except for inclusionary developments constructed pursuant to low-income tax credit regulations:

(1) At least half of all affordable units within each inclusionary development will be affordable to low-income households;

(2) At least half of all affordable rental units will be affordable to low-income households; and

(3) At least 1/3 of all affordable units in each bedroom distribution pursuant to N.J.A.C. 5:93-7.3 will be affordable to low-income households.

D. Inclusionary developments that are not age-restricted will be constructed in conjunction with realistic market demands so that:

(1) The combination of efficiency and one-bedroom units is at least 10% and no greater than 20% of the total low- and moderate-income units;

(2) At least 30% of all low- and moderate-income units are two-bedroom units;

(3) At least 20% of all low- and moderate-income units are three-bedroom units; and

(4) Low- and moderate-income units that are age-restricted may utilize a modified bedroom distribution. At a minimum, the number of bedrooms will equal the number of age-restricted low- and moderate-income units within the inclusionary development.

E. In conjunction with realistic market information, the following criteria will be used in determining maximum rents and sale prices:

(1) Efficiency units will be affordable to a one-person household.

(2) One-bedroom units will be affordable to one-and-five-tenths-person households.

(3) Two-bedroom units will be affordable to three-person households.

(4) Three-bedroom units will be affordable to four-and-five-tenths-person households.

(5) Median income by household size will be established by a regional weighted average of the uncapped Section 8 income limits published by HUD as per N.J.A.C. 5:93-7.4(b).

(6) The maximum sales prices of low- and moderate-income units within each inclusionary development will be affordable to households earning no more than 70% of median income. In averaging an affordability range of 55% for sales units, the municipal ordinance will require moderate-income sales units to be available for at least two different prices and low-income sales units to be available for at least two different prices.

(7) For both owner-occupied and rental units, the low- and moderate-income units will utilize the same heating source as market units within an inclusionary development.

(8) Low-income units will be reserved for households with a gross household income less than or equal to 50% of the median income approved by COAH; moderate-income units will be reserved for households with a gross household income less than 80% of the median income approved by COAH as per N.J.A.C. 5:93-7.4(g).

(9) The regulations outlined in N.J.A.C. 5:93-9.15 and 9.16 will be applicable for purchased and rental units.

F. For rental units, developers and/or municipal sponsors may:

(1) Establish one rent for a low-income unit and one for a moderate-income unit for each bedroom distribution.

(2) Gross rents, including an allowance for tenant-paid utilities, will be established so as not to exceed 30% of the gross monthly income of the appropriate household size as per N.J.A.C. 5:93-7.4(f). The tenant-paid utility allowance will be consistent with the utility allowance approved by HUD for use in New Jersey.

(3) The maximum rents of low- and moderate-income units within each inclusionary development will be affordable to households earning no more than 60% of median income. In averaging an affordability range of 52% for rental units, developers and/or municipal sponsors of rental units may establish one rent for a low-income unit and one rent for a moderate-income unit for each bedroom distribution.

G. For-sale units:

(1) The initial price of a low- and moderate-income owner-occupied for-sale housing unit will be established so that after a down payment of 5%, the monthly principal, interest, homeowner and private mortgage insurance, property taxes (based on the restricted value of the low- and moderate-income unit) and condominium or homeowner fee do not exceed 28% of the eligible gross monthly income.

(2) Master deeds of inclusionary developments will regulate condominium or homeowner association fees or special assessments of low- and moderate-income purchasers at 100% of those paid by market purchasers. This percentage is consistent with the requirements of N.J.A.C. 5:93-7.4(e). Once established within the master deed, this percentage will not be amended without prior approval from COAH.

(3) Colts Neck Township will follow the general provisions concerning uniform deed restriction liens and enforcement through certificates of occupancy or reoccupancy on sale units as per N.J.A.C. 5:93-9.3.

(4) Colts Neck Township will require a certificate of reoccupancy for any occupancy of a low- or moderate-income sales unit resulting from a resale as per N.J.A.C. 5:93-9.3(c).

(5) Municipal, state, nonprofit and seller options regarding sale units will be consistent with N.J.A.C. 5:93-9.5 - 9.8. Municipal rejection of repayment options for sale units will be consistent with N.J.A.C. 5:93-9.9.

(6) The continued application of options to create, rehabilitate or maintain low- and moderate-income sale units will be consistent with N.J.A.C. 5:93-9.10.

(7) Eligible capital improvements prior to the expiration of controls on sale units will be consistent with N.J.A.C. 5:93-9.11.

(8) The regulations detailed in N.J.A.C. 5:93-9.12 - 9.14 will be applicable to low- and moderate-income units that are for-sale units.

H. In zoning for inclusionary developments the following is required:

(1) Low- and moderate-income units will be built in accordance with N.J.A.C. 5:93-5.6(d).

(2) A design of inclusionary developments that integrates low- and moderate-income units with market units is encouraged as per N.J.A.G. 5:93-5.6(f).

I. All noninclusionary developments within the Township shall be subject to a fee pursuant to the Township's development fee ordinance § 102-15.

J. To provide assurances that low- and moderate-income units are created with controls on affordability over time and that low- and moderate-income households occupy these units, Colts Neck Township has the responsibility of ensuring the affordability of sales and rental units over time. Colts Neck's Administrator and Township Planner will be responsible for those activities detailed in N.J.A.C. 5:93-9.1(a).

(1) In addition, Colts Neck will be responsible for utilizing the verification and certification procedures outlined in N.J.A.C. 5:93-9.1(b) in placing households in low- and moderate-income units.

(2) Newly constructed low- and moderate-income sales units will remain affordable to low- and moderate-income households for at least 30 years. Colts Neck Township will require all conveyances of newly constructed units to contain the deed restriction and mortgage lien adopted by COAH and referred as Technical Appendix E as found in N.J.A.C. 5:93.

(3) Housing units created through the conversion of a nonresidential structure will be considered a new housing unit and will be subject to thirty-year controls on affordability. Colts Neck Township will require that COAH's appropriate deed restriction and mortgage lien be applied to these units.

K. Regarding rehabilitated units.

(1) Rehabilitated owner-occupied single-family housing units that are improved to code standard will be subject to affordability controls for at least six years.

(2) Rehabilitated renter-occupied housing units that are improved to code standard will be subject to affordability controls for at least 10 years.

(3) Colts Neck Township intends to use development fee revenues for the rehabilitation of housing units in accordance with the Township housing element and fair share plan that has been approved by the Court. The rehabilitation schedule is shown below:

L. Regarding rental units:

(1) Newly constructed low- and moderate-income rental units will remain affordable to low- and moderate-income households for at least 30 years. Units at the development commonly known as "The Grande" will be subject to thirty-year controls as permitted under N.J.A.C. 5:92. Colts Neck Township will require the deed restriction and lien and deed of easement referred to as Technical Appendix H as found in N.JA.C. 5:93.

(2) Affordability controls in accessory apartments will be for a period of at least 10 years, except if the apartment is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.15, then the controls on affordability will extend for 30 years (N.J.A.C. 5:93-5.9).

(3) Alternative living arrangements will be controlled in a manner suitable to COAH that provides assurances that such a facility will house low- and moderate-income households for at least 10 years, except if the alternative living arrangement is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.15, then the controls on affordability will extend for 30 years (N.J.A.C. 5:93-5.8). Group homes for the developmentally disabled that have received capital funding from the New Jersey Division of Developmental Disabilities and where the terms of such grant are for 20 years and renewable at the end of the initial term shall be determined to have acceptable affordability controls in accordance with COAH's requirements and are eligible for rental bonus credits pursuant to COAH's regulations.

M. Section 14(b) of the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., incorporates the need to eliminate unnecessary cost-generating features from Colts Neck Township's land use ordinances. Accordingly, Colts Neck Township will eliminate development standards that are not essential to protect the public welfare and to expedite or fast track municipal approvals/denials on certain affordable housing developments. Colts Neck Township will adhere to the components of N.J.A.C. 5:93-10.1 - 10.3.