A. Purpose and Findings of Fact. The purpose of this section is to provide limits on impervious coverage in areas identified by the United States Geological Survey (USGS) as critical to the recharge of the regional aquifer which serves as the primary source of potable water for the Township and neighboring communities.
B. Applicability.
1. The requirements of this section shall apply to any non-residential lot in the Township having 50% or more of its area located within a Critical Aquifer Recharge Area or having 25% or more of its area located with a Category 1 Critical Aquifer Recharge Area.
2. Critical Aquifer Recharge Areas are those areas identified by the USGS in its "Alamatong Wellhead Protection Study" (dated December 1998, including a map ,entitled "Land Use/Landcover in Contributing Areas at Full Allocation Pumping Rates from Wells in and near Alamatong Wellfield") as areas of 12 years or less travel time of recharge to actual or potential public water supply wellheads, Category 1 Areas are those identified in the USGS Study as having a recharge travel time to such wellheads of 5 years or less. Category 2 Areas include all other Critical Aquifer Recharge Areas with recharge-to-wellhead travel time of greater than 5 years but not greater than 12 years.
C. Maximum Impervious Coverages.
1. For all lots to which this section applies, the permitted impervious coverage shall not exceed 50% of the total lot area.
2. For any lot with 50% or more of its area located in a Category 1 Critical Aquifer Recharge Area, permitted impervious coverage shall not exceed 40% of the total lot area.
3. The maximum impervious coverage requirements set forth in this section shall supercede any less restrictive standard applicable to the zone district in which the subject lot is located.
4. For a tract of lots constituting a single development project, the foregoing coverage limits may be complied with on a tract-wide basis, provided that the deeds of individual lots incorporate appropriate restrictions or easements ensuring continued compliance of the entire tract. For any such tract-wide compliance, the area of impervious coverage in Critical Aquifer Recharge Areas or in Category 1 Areas shall not exceed the maximum areas of such coverage required for lot-by-lot compliance.
5. Where warranted pursuant to the Municipal Land Use Law, the Approving Board may grant variances permitting greater impervious coverages than those provided hereunder, provided that the Board shall require that the development's stormwater management facilities implement infiltrative groundwater recharge with appropriate water quality controls to the maximum extent feasible.
A. Intent.
This section of the Roxbury Township Code sets forth regulations regarding low and moderate income housing units Roxbury Township and is intended to be consistent with the provisions of N.J.A.C. 5:93 et. se g. as effective on June 6, 1994 and the Fair Housing Act of 1985. These regulations are also intended to provide assurances that low and moderate income units (the "affordable units") are created with controls on affordability over time and that low and-Moderate income people occupy these units. These regulations shall apply in all inclusionary zones in which low and moderate income development is proposed except where inconsistent with applicable law.
B. Proportion of Low and Moderate Income Units
1. Roxbury's new construction or inclusionary component will be divided equally between low and moderate income households as per N.J.A.C. 5:93-2.20.
2. Except for inclusionary developments constructed pursuant to low income tax credit regulations: a) At least half of all units within each inclusionary development will be affordable to low income households; and b) At least half of all rental units will be affordable to low income households; and c) At least one-third of all units in each bedroom distribution pursuant to N.J.A.C. 5:93-7.3 will be affordable to low income households.
C. Bedroom Distribution of Affordable Units
Inclusionary developments that are not restricted to senior citizens will be structured in conjunction with realistic market demands so that:
1. The combination of efficiency and one bedroom units is at least 10 percent and no greater than 20 percent of the total low and moderate income units; and
2. At least 30 percent of all low and moderate income units are two bedroom units; and
3. At least 20 percent of all low and moderate income units are three bedroom units; and
4. Low and moderate income units restricted to senior citizens may utilize a modified bedroom distribution. At a minimum, the number of bedrooms will equal the number of senior citizen low and moderate income units within the inclusionary development.
D. Establishment of Rents and Prices of Units as Related to Household Size and Number of Units.
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 one person households; and
2. One bedroom units will be affordable to 1.5 person households; and
3. Two bedroom units will be affordable to three person households; and
4. Three bedroom units will be affordable to 4.5 person households.
E. Establishing Rents and Sales Prices.
1. 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); and
2. The maximum average rent and price of low and moderate income units within each inclusionary development will be affordable to households earning 57.5 percent of median income; and
3. Moderate income sales units will be available for at least three different prices and low income sales units will be available for at least two different prices. a) In devising a range of affordability for purchased housing, as required above, the extent practicable, there shall be the following distribution of sales prices for every -20 low and-moderate
4. 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; and
5. Low income units will be reserved for households with a gross household income less than or equal to 50 percent of the median income approved by COAH; moderate income units will be reserved for households with a gross household income less than 80 percent of the median income approved by COAH as per N.J.A.C. 5:93-9.16; and
6. The regulations outlined in N.J.A.C. 5:93-9.15 and 9.16 will be applicable for purchased and rental units.
7. For rental units, developers and/or municipal sponsors may:
a) Establish one rent for a low income unit and one for a moderate income unit for each bedroom distribution; and
b) Gross rents, including an allowance for utilities, will be established so as not to exceed 30 percent of the gross monthly income of the appropriate household size as per N.J.A.C. 5:93-7.4(a). The utility allowance will be consistent with the utility allowance approved by HUD for use in New Jersey.
c) All affordable rental units included in the COAH requirement shall not be subject to any rent control ordinance which may be adopted or are in place in the Township of Roxbury during the time period in which affordable housing COAH controls are effective.
8. For sale units:
a) The initial price of a low and moderate income owner-occupied single family housing unit will be established so that after a downpayment of five percent, the monthly principal, interest, homeowner's insurance, property taxes (based on the restricted value of the low and moderate income unit) and condominium or homeowner fee do not exceed 28 percent of the eligible gross monthly income; and
b) Master deeds of inclusionary developments will regulate condominium or homeowner association fees or special assessments of low and moderate income purchasers at 50 percent of those paid by market purchasers. This percentage is consistent with. the requirement of N.J.A.C. 5:93-7.4(e). Once established within the master deed, the percentage will not be amended without prior approval from COAH; and
c) The Township of Roxbury 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; and
d) Except as provided in N.J.A.C. 5:93:-9.3(d), the Township of Roxbury 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); and
e) Municipal, state, non-profit 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; and
f) The continued application of options to create, rehabilitate or maintain low and moderate income sales units will be consistent with N.J.A.C. 5:93-9.10; and g) Eligible capital improvements prior to the expiration of controls on sale units will be consistent with N.J.A.C. 5:93-9.11; and
h) 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.
F. Phasing of Construction
In zoning for inclusionary developments the following is required, final site plan approval shall be contingent upon meeting the following phasing schedule, whether developed in one stage or in two or more stages: a) low and moderate income units will be built in accordance with N.J.A.C. 5:93-5.f (d ):
a) a design of inclusionary developments that integrates low and moderate income units with market units is encouraged as per N.J.A.C. 5:93-5.6(e).
G. Development Fees
Development Fees shall be collected in accordance with Section 13-7.829 of the Township Code. The development fee spending plan is described in the 1996 Housing Element of the Roxbury Township Master Plan.
H. Administration of Inclusionary Units and Time Periods for Controls
1. 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, the Township of Roxbury will designate the Affordable Housing Management Service (AHMS) of the New Jersey Department of Community Affairs (DCA) with the responsibility of ensuring the affordability of sales and rental units over time. The Affordable Housing Management Service will be responsible for those activities detailed in N.J.A.C. 5:93-9.1(a). Where a municipal agency or third party is designated by the municipality as having this responsibility, this designee will be responsible for those activities detailed in N.J.A.C. 5:5:93-9.1 (a) and all others that would be otherwise assigned to AHMS as indicated in the following. a) In addition, AHMS will be responsible for utilizing the verification and certification procedures outline in N.J.A.C. 5:93-9.1(b) in placing households in low and moderate income units; and b) Newly constructed low and moderate income sales units will remain affordable to low and moderate income households for at least 30 years. AHMS will require all conveyances of newly constructed units to contain the deed restriction and mortgage lien adopted by COAH and referred to as Appendix E as found in N.J.A.C. 5:93; and c) Housing units created through the conversion of a non-residential structure(s) will be considered a new housing unit and will be subject to 30 year controls on affordability. AHMS will require an appropriate deed restriction and mortgage lien subject to COAH's approval.
2. Regarding rehabilitated units: a) Rehabilitated owner-occupied single family housing units that are improved to code standard will be subject to affordability controls for at least six years; and b) Rehabilitated renter-occupied housing units that are improved to code standard will be subject to affordability controls for at least 10 years; and
3. Regarding rental units: a) Newly constructed low and moderate income rental units will remain affordable to low and moderate income households for at least 30 years. The ARMS will require an appropriate deed restriction and mortgage lien subject to COAH's approval; b) Subsidized accessory apartments shall be covered by the same deed restrictions and mortgage lien applicant to other newly constructed low and moderate income housing units, except that affordability controls on 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. 5:93-5.13, then the controls on affordability will extend for 30 years; and c) 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. 5:93-5.14(d). then the controls on affordability will extend for 30 years.
1. Cost Generation
J. Affirmative Marketing
After taking applicable credits for low and moderate units already constructed, the Township of Roxbury has a remaining fair share obligation of 307 units for the 1987 to 1999 COAH period. Of this amount, 228 is new construction.
This ordinance will apply to all developments that contain proposed low and moderate income units, including municipally sponsored projects and the creation of subsidized accessory apartments, and any future developments that may occur.
A. The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age or number of children, to housing units which are being marketed by a developer/sponsor, municipality and/or designated administrative agency of affordable housing. The plan will address the requirements of N.J.A.C. 5:93-11. In addition, the plan prohibits discrimination in the sale, rental, financing or other services related to housing on the basis of race, color, sex, religion, handicap, age, familial status/size or national origin. The Township of Roxbury is in the housing region consisting of Morris, Essex, Union and Warren. The affirmative marketing program is a continuing program and will meet the following requirements:
All newspaper articles; announcement and requests for applications for low and moderate income units will appear in the following daily regional newspaper(s) or publication(s).
1. The Star Ledger
B. The primary marketing will take the form of at least one press release sent to the above publications and a paid display advertisement in each of the above newspapers. Additional advertising and publicity will be on an "as needed" basis.
C. The advertisement will include a description of the:
street address of units;
direction to housing units;
number of bedrooms per unit;
range of prices/rents;
size of units;
income information and
location of applications including business hours and where/how applications may be obtained.
D. All newspaper articles, announcements and request for applications for low and moderate income housing will appear in the following neighborhood oriented weekly newspapers, religious publications and organizational newsletters within the region.
1. The Roxbury Register
2. Daily Report
3. West Morris Star Journal
E. The following regional radio and/or television station(s) will be used:
1. Cable Channel 3, Cablevision
F. The following is the location of applications, brochure(s), sign(s) and/or poster(s) used as part of the affirmative marketing program.
Roxbury administrative building
Roxbury municipal library
Sales office or each low and moderate income developer
Major regional employers will also be requested to participate in affirmative marketing efforts by making low and moderate housing information available to employees.
G. The following is a listing of community contact organizations in the region that will be contacted to aid in the affirmative marketing program with particular emphasis on contacts that will reach out to groups that are least likely to apply for housing within the region:
1. Morris County Office of Public Information
2. - Morris County Board of Social Services
3. Morris County Rides, Inc.
4. Dover General Hospital,
5. Morristown Memorial Hospital
6. Saint Claire Hospital,
7. Roxbury and Morris County Chambers of Commerce
8. Meals on Wheels
9. Morris County Community College,
10. Fairleigh Dickinson University,
11. Drew University,
12. Roxbury Township municipal offices, public library and community schools
13. Local area churches, local banks
14. Legal Aid Society of Morris County
H. Quarterly flyers, and applications will be sent to each of the following agencies for publication in their journals and for circulation among their members:
1. Morris County Board of Realtors
2. Essex County Board of Realtors
3. Union County Board of Realtors
4. Warren County Board of Realtors
1. Applications will be mailed to prospective applicant's upon request.
J. Additionally, quarterly informational circulars and applications will be sent to the chief administrative employees of each of the following agencies in the counties of Morris, Essex, Union and Warren:
1. Welfare or Social Service Board
2. Rental Assistance Office (local office of DCA)
3. Office in Aging
4. Housing Agency or Authority
5. Library
6. Area Community Action Agencies
K. The following is a description of the random selection method that will be used to select occupants of low and moderate income housing:
A.random selection method to select occupants of low and moderate income housing will be used by the Affordable Housing Management Service of the New Jersey Department of Community Affairs of the New Jersey Department of Community Affairs or other party as designated in conformance with N.J.A.C. 5:93-11.1(b)6.
L. When not undertaken by the project developer, the Affordable Housing Management Service will be the agency under contract with Roxbury Township to administer the affirmative marketing program. The Affirmative Housing Management Service has the responsibility to income qualify low and moderate income households; to place income eligible households in low and moderate income units upon initial occupancy; to provide for the initial occupancy of low and moderate income units with income qualified households; to continue to qualify households for reoccupancy of units as they become vacant during the period of affordability controls; to assist with advertising and outreach to low and moderate income households; and to enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1. The Planning Director within Roxbury Township or his designee is the designated housing officer to act as liaison to the Affordable Housing Management Service. The Affordable Housing Management Service will provide counseling services to low and moderate income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements and landlord/tenant law. The Affordable Housing Management Service will perform the above services.
M. Households who live or work in the COAH-established region may be given preference for sales and rental units constructed within that housing region. Applicants living outside the housing regional will have an equal opportunity for units after regional applicants have been initially serviced. The Township of Roxbury will comply with N.J.A.C. 5:93-11.7.
N. All developers of low and moderate income housing units will be required to assist in the marketing of the affordable units in their respective developments.
0. The marketing program will commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program will continue until all low and moderate income housing units are initially occupied and for as long as affordable units are deed restricted and occupancy or reoccupancy of units continues to be necessary.
P. The Affordable Housing Management Service (AHMS) or other party as designated by the municipal authority will comply with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 12.1.
Q. Roxbury Township will undertake a rehabilitation program to rehabilitate substandard housing units occupied by low and moderate income households. Roxbury Township has designated the Morris County Department of Community Development to administer the rehabilitation program. Morris County Department of Community Development will prepare a marketing plan for the rehabilitation program. The rehabilitation program will be consistent with N.J.A.C. 5:93-5.2(b) through 5.2(1).
R. The following sites have been designated to Roxbury's inclusionary component outlined in the Roxbury Township housing and fair share plan
**Webmasters Note: The previous chart has been amended as per Ordinance No. 03-05.
The following zones are applicable to the designated sites:
Zones
1. R-5
2. R-6
3. B-1 and B-1 A
4. AH-1 /R1.8
5. AH-2
6. AH-3, AH-3A
7. Subsidized Accessory Apartments shall be permitted as a conditional use in the R-R, R-1, R-2, R-2.5, and R-3 zones and shall be regulated in accordance with Section 13-7.830 and 13-7.3509.
8. Additional zoning amendments will be developed to address the Kingtown site as necessary.
9. Rehabilitation Program. The rehabilitation program is being conducted by the Morris County Housing Authority.
