H. Common Open Space

1. Permanent common open space. Not less than 40 percent of the gross acreage of a tract shall be reserved for permanent common open space. Any land set aside as open space must be made subject to a deed restriction, conservation easement or similar agreement in a form acceptable to the Planning Board and governing body and duly recorded in the Office of the Recorder of Deeds in and for Morris County. The open space must be conveyed to a private community association, to the Township or to a third party as is found to be acceptable to the Planning Board and the governing body.

2. Location, design and function. The location, design and function of all permanent common open space shall be designed to protect, to the greatest extent possible and practical, critical environmental resources, (i.e., wetlands, floodplains and stream corridors, steep slopes ) to link these resources via greenways wherever possible, to preserve natural vistas and scenic views and to provide buffers to well head areas. The Township Natural Resource Inventory shall be used to initially identify these areas, however, an applicant may provide more detailed information as to the location of these areas as available for consideration by the Planning Board.

It has been determined that the use of lot averaging will provide an appropriate method to encourage additional design flexibility for certain industrial districts in the Township. Under the conditions set forth in this Ordinance, lot averaging will serve to increase protection of sensitive environmental resources, ensure more efficient and economic use of the Township's remaining industrial land, preserve natural vistas and scenic views and help strengthen and sustain the economic potential of the Township;

A. Lot averaging shall be permitted in the following districts: I-5, I-10.

B. Lot averaging as defined in Section 13-1.327 shall be permitted upon a

- showing that the following general requirements have been met. in addition; each district includes additional specific requirements for lot averaging.

Unless otherwise stated, all other requirements of the Roxbury Township Land Use Ordinance apply.

C. General Requirements and Provisions for Lot Averaging

1. Lot size averaging shall be permitted for lots accommodating office or industrial uses on development tracts of 10 acres or more. Under the lot size averaging provisions, individual lots may have less than the minimum area required for the district, but in no case shall they have less than 50% of the otherwise required lot size. Other lots in the planned development will then be required to be oversized by an equal or greater area resulting in an average minimum lot size as otherwise provided in the land use ordinance for the pertinent zoning district.

2. Lot size averaging shall be permitted only in conjunction with a planned industrial development as defined in Section 13-1.2 and, where required by ordinance, a general development plan.

3. Applications for a subdivision using lot averaging must include a general land use plan indicating the tract area and general locations of the land uses, lotting and amount of permitted square footage per lot to be included in the planned development. The following must also be included: a) A stormwater management plan setting forth the proposed method of controlling and managing storm water on the site. Included shall be information as to the location and design of detention facilities. b) A circulation plan showing the general location and types of transportation facilities, including facilities within the planned development and any proposed improvements to the existing transportation system outside the planned development. Included therein shall be general proposals for off-tract, off-site and intersection improvements. c) A utility plan indicating the need for and showing the proposed location of sewer and water lines, any drainage facilities necessitated by the physical characteristics of the site, proposed methods for handling solid waste disposal, and a plan for the operation and maintenance of any proposed facilities. d) A general design plan indicating the proposed signage, landscaping, architecture and lighting for the planned development.

4. Lot size averaging is permitted only in public sewer and water service areas.

5. Lot coverage and floor area ratios may be averaged within each planned development subject to the following conditions: a) The maximum floor area permitted for the development tract shall be equal to the total square footage permitted under the applicable district. The FAR on individual lots may not be increased from the FAR otherwise permitted in the zone. Except where variations are allowed, all applicable height, coverage, setbacks and other bulk requirements for the applicable district shall apply for each permitted lot. b) The maximum impervious surface coverage for the entire development tract shall be equal to that given for the applicable district. Individual lots must also comply with the maximum impervious coverage permitted in the zone. Subdivision access roads shall be counted in the computation of tract-wide impervious coverage. c) All lot sizes, lot coverages and/or floor area ratios for each development plan submitted shall be summarized in table and map form. Information will be provided for each lot indicating proposed size, coverage, square footage and floor area ratio as related to the Overall permitted coverage, floor area and minimum lot size for the pertinent district.

6. Where the construction of a planned development is to take place over a period of years, a phasing plan must be provided, including any terms or conditions which are intended to protect the interests of the public and of the occupants of any section of the planned development prior to the completion of the development in its entirety.

7. The required parking for each use must be provided on the lot on which the use is located.

8. Lot size averaging as described in this section is not permitted for retail sales and services or residential uses.

9. Above and underground parking decks shall be a permitted use in all districts where lot averaging is permitted. Such parking shall not be included in the calculation of floor area ratio.

A. Purpose - The purpose of the mandatory development fee is to provide funding for the Township's Housing Element and Fair Share Plan approved by the Township Council of the Township of Roxbury.

B. Residential Development Fees - Amount: All developers of residential subdivisions or site plans of two (2) or more units shall pay a mandatory development fee equal to one percent (1%) of the equalized assessed valuation for each residential unit constructed. This mandatory fee shall be calculated as follows: 1 % x equalized assessed valuation x number of units.

If a "d" variance is granted, pursuant to N.J.S.A. 40:55D-70d(5), then the additional residential units realized (above what is permitted by right under the existing zoning) will incur a bonus development fee of six percent (5%) rather then the development fee of one percent (1%). However, if the zoning on a sits has changed during the two year period preceding the filing of the "d" variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during that two years preceding the filing of the "d" variance application.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 11-05.

C. Non-Residential Development Fees - Amount: All nonresidential developers shall pay a mandatory development fee equal to two percent (2%) of the total equalized assessed valuation of the non-residential development, provided, however, no development fee shall be required where the total equalized assessed value of the development is less than $15,000 as established by the Tax Assessor. The mandatory fee shall be calculated as follows: 2% x total equalized assessed value.

If a "d" variance is granted pursuant to N.J.S.A. 40:55D-70d(4), then the additional floor area ratio (FAR) realized (above what is permitted by right under the existing zoning) will incur a bonus development fee of six percent (6%) rather than the development fee of two percent (2%). However, if the zoning on a site has changed during the two year period preceding the filing of the "d" variance application, the floor area for purposes of calculating the bonus development fee shall be the highest floor area permitted by right during the two years preceding the filing of the "d" variance application.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 11-05.

D. Timing of Payments.

1. Fifty percent (50%) of the total mandatory development fee owed to Roxbury Township whether for residential or non-residential development, shall be paid prior to the issuance of any building permit required in connection with the development, and shall be calculated as follows: a) For residential developments, the fifty percent (50%) payment required prior to the issuance of any building permit shall be calculated using an estimated equalized valuation of each residential unit as determined by the Roxbury Township Tax Assessor. b) For non-residential developments, the fifty percent (50%) payment required prior to the issuance of any building permit shall be calculated using an estimated total equalized assessed valuation of the non-residential development as determined by the Roxbury Township Tax Assessor.

2. The remaining portion of the development fee shall be paid prior to the issuance of any Certificate of Occupancy for any development or any part thereof, whether residential or non-residential, and shall be calculated using the actual assessed valuation of the development as determined by the Roxbury Township Tax Assessor.

3. Because the initial payment required prior to the issuance of a building permit is calculated using an estimated assessed valuation based on estimates for construction costs, the following adjustments are permitted to compensate for differences between the estimated assessed valuation and the actual assessed valuation: a) If the estimated assessed valuation used to calculate the initial fifty

(50%) payment was over-estimated or under-estimated, causing the actual assessed valuation to be less than or greater than the estimated assessed valuation used to calculate the initial fifty percent

(50%) payment, the developer's Certificate of Occupancy payment shall be equal to the difference between the actual assessed valuation and the initial fifty percent (50%) payment as determined by the Roxbury Township Tax Assessor.

E. Exemption, Eligible Exactions and Ineligible Exactions.

1. Developments with on-site low and moderate income housing units as defined and accepted by the Council on Affordable Housing and credited towards the Township's Mount Laurel obligation are exempt from development fees.

2. Developments that have received preliminary or final approval, prior to the effective date of this Ordinance, are exempt from development fees during the effective period of said approval, unless the developer seeks a substantial change in the approvals granted.

3. Low and moderate income dwelling units as defined and accepted by the Council on Affordable Housing and credited towards the Township's Mount Laurel obligation shall be exempt from paying development fees.

4. Development that expands an existing structure shall pay a development fee. The development fee shall be calculated based on the increase in the equalized assessed value of the improved structure.

5. Developers of houses of worship and other not-for-profit institutions, including the Fire Department, rescue and first aid squads and the Board of Education shall be exempt from paying a development fee.

F. Affordable Housing Trust Fund.

1. All mandatory development fees collected pursuant to this Ordinance shall be deposited in the interest bearing escrow account entitled the "Affordable Housing Trust Fund: Mandatory Fee Account."

2. If the Court determines that Roxbury Township's spending is not in conformance with COAH's rules on development fees, the Court is authorized to direct the manner in which all development fees collected pursuant to this Ordinance shall be expended.

G. Use of Funds.

1. Money deposited in the Affordable Housing Trust Fund may be used for any activity approved for addressing the Township's low and moderate income housing obligation. Such activities may include, but are not limited to: housing rehabilitation; new construction; development of accessory apartments; regional contribution agreements; the purchase of land for low and moderate income housing; extensions 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 the Township's Housing Element. The expenditure of all money shall conform to the approved spending plan.

2. Unless specifically waived, not less than thirty percent (30%) of the revenues collected from development fees collected pursuant to this Ordinance shall be devoted to rendering existing units more affordable to low and moderate income households by funding such activities as down payment assistance, low interest loans and rental assistance.

3. No more than twenty percent (20%) of the revenues collected from development fees collected pursuant to this Ordinance shall be devoted to administrative expenses incurred by the Township in addressing its Fair Share obligation.

This Ordinance applies to the creation of subsidized accessory apartments in Roxbury Township in accordance with Section 13-7.3509 of the Township's

Ordinance. It is the purpose of this program to help meet Roxbury Township's fair share housing obligation through the subsidization of ten (10) voluntary conversions of existing single-family dwellings to accommodate subsidized accessory apartments.

B. Definitions

Definitions pertaining to affordable housing not found below are the same as those definitions that appear in the rules and regulations adopted by the Council on Affordable Housing in N.J.A.C. 5:91-1 et. sea. or 5:93-1 et. seg. As used in this Ordinance:

APPLICANT means the person or persons applying for funds to create a subsidized accessory apartment in accordance with the provisions of this Ordinance.

COUNCIL ON AFFORDABLE HOUSING means the Council established by the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et. se ., also known as COAH.

HOUSING ADMINISTRATOR means the person or agency hired, appointed or contracted by the Township to perform the duties as described in this Ordinance. If an outside person or agency is hired, these duties may be split as best serves the intent of this ordinance and the duties described herein between said outside agency or person and other Township appointee.

INSPECTION OFFICER means a qualified inspector hired, appointed or contracted by the Township or by the Housing Administrator (if an outside agency) to perform the duties described in this Ordinance.

LOW INCOME HOUSEHOLD means a household with a gross household income equal to 50 percent or less of the median gross household income for households of the same size within the housing region in which the housing is located as determined by the Council on Affordable Housing in N.J.A.C. 5:931 et sea. or its subsequent rules and regulations.

MODERATE INCOME HOUSEHOLD means a household with a gross household income of more than 50 percent but less than 80 percent of the median gross household income for households of the same size within the housing region in which the housing is located as determined by the Council on Affordable Housing in N.J.A.C. 5:93-1 et sea. or its subsequent rules and regulations.

SUBSIDIZED ACCESSORY APARTMENT means a portion of an existing singlefamily dwelling which has been converted through the use of public funds to an additional dwelling unit which shall be deed-restricted for occupancy by and affordability to a qualified low or moderate income household for a period of ten (10) years as part of the Township's affordable housing program.

UTILITY ALLOWANCE means an allowance for utilities that is consistent with the personal benefit expense allowance for utilities as defined by HUD (or a similar allowance approved by COAH).

C. Eligibility

Only owners of property within designated zone districts within Roxbury Township are eligible for the subsidized accessory apartments program. These Districts include: RR, R-1, R-2, R-2.5, and R-3. Eligibility is further determined by the following criteria:

1. The owner must agree to rent the subsidized accessory apartment unit only to a low or moderate income household. Proof of renter's income qualifications will be required by the Housing Administrator.

2. All existing deficiencies shall be corrected in the structure which will contain the subsidized accessory apartment; the entire structure shall be brought up to code standard. The standard for evaluating any rehabilitation activity on the existing dwelling unit shall be the BOCA National Existing Structures Code. The evaluation shall be undertaken and certified by the Inspection Officer.

3. The owner of the subsidized accessory apartment shall agree, by written contract, to comply with all of the requirements given herein, 13-7.3409 and of Section 13-7.826 where applicable.

4. Accessory Apartments developed under this provision shall be exempt from Council on Affordable Housing bedroom mix requirements (N.J.A.C. 5:93-7.3)

D. Administration

1. Affirmative Marketing Plan a) The subsidized accessory apartments created shall be affirmatively marketed in accordance with the Township's Affirmative Marketing Plan (13-7.826(J). b). Marketing of the availability of funds for the creation of subsidized accessory apartments shall be accomplished through the circulation of flyers describing the accessory apartments program, to be enclosed with the annual property tax bills; periodic press releases issued to the official newspaper to promote interest in the program; and making information and application packets available to interested owners upon request and free of charge.

E. Housing Administrator

The Township Council shall hire, appoint or contract with a Housing Administrator who will report to the Township Council. The Housing Administrator's duties shall include:

1. Preparing a subsidized accessory apartments program manual consisting of the following: a) Procedures for program marketing; b) Eligible properties; c) The amount of money available for accessory apartment conversions; d) Procedures for application intake; e) Procedures for review and approval of work, including interim inspections of work; and f) The length and terms of affordability controls.

2. Preparing the information packets to be distributed to interested owners.

3. Developing the necessary application forms to be used by owners interested in applying for participation in the subsidized accessory apartments program. The application form shall clearly state that any owner who utilizes the provisions of this program will agree to place a deed restriction and a lien on his or her property. In addition, the applicant form shall require proof of ownership, insurance and other general information on the property in question. The content of the forms shall be approved by the Township Council prior to their distribution to potential applicants.

4. Determining the eligibility of each property based on the requirements of the program.

5. Providing assistance to each applicant in completing application forms, submitting required documentation, and obtaining contractor's estimates.

6. Monitoring the progress of each subsidized accessory apartment project and coordinating contract proposals, inspections and payments under the terms of the program.

7. Monitoring and oversight of the deed restrictions placed on properties that have participated in the subsidized accessory apartments program.

8. Preparing and presenting annual monitoring reports to the Township Council to assist in the Township Council's submission of annual monitoring reports to COAH.

9. Maintaining files on each program applicant. The files may be used in responding to monitoring requests and to protect the municipality against charges of irregularity. The files shall include: a) The name of each applicant; b) If the applicant is not approved, the reasons for the disapproval; and c) If the applicant is approved:

1) The initial inspection report of the Inspection Officer;

2) Bids submitted by contractors;

3) The final owner/contractor agreement;

4) The owner/Township contract;

5) Progress reports and interim inspection reports;

6) A copy of the final inspection report; and

7) A copy of the lien.

F. Inspection Officer

The Township Council or Housing Administrator shall designate a qualified Inspection Officer who will report to the Housing Administrator. The duties of the Inspection Officer shall include:

1. The initial inspection of the property to determine the condition of the existing dwelling.

2. A determination of whether or not the proposed improvements and the estimated cost of the improvements needed to create the accessory apartment will meet the parameters of the subsidized accessory apartment program. The Inspection Officer's report on the nature and costs of the improvements shall be made in writing to the Housing Administrator.

3. Interim and final inspections of work in progress, the issuance of a Certificate of Occupancy for the new dwelling unit, and the issuance of a certification of "standard condition" for the entire structure containing the new dwelling unit if improvements have been required. The certification shall bear the date of the inspection and shall be submitted in a written report to the Housing Administrator.

G. Funding

1. The Township shall include in its annual budget sufficient funds to cover the costs of the subsidized accessory apartments program. The money expended on the subsidized accessory apartments program shall be exempt from the limitations on final appropriations imposed pursuant to P.L. 1976, c.88 (C.40A:4-45.1 et se .).

2. For fiscal years 1997-2003, the Township Council shall appropriate money in its annual budget to provide grants to fund the creation of up to ten (10) subsidized accessory apartments in the amount of $10,000 per unit, as follows:

This money shall be exempt from the limitations on final appropriations imposed pursuant to P.L. 1976, c. 68 (C.40A:45.1 et sea.).

3. A Minimum -of $10,000 shall be provided for each subsidized accessory apartment unit to be created. The actual capital costs of creating an individual unit may be less than $10,000 if, at the end of each two year period, the subsidized accessory apartment program as a whole has averaged at least $10,000 per unit. The property owner shall be obligated for any costs of bringing the rest of the structure up to code standard; the $10,000 subsidy shall be applied solely to the creation of the subsidized accessory apartment unit.

4. If the total amount of money budgeted in a given year is not expended as the result of insufficient eligible applications to the program for that year, the following year's budget will be increased to incorporate the residual money of the previous year or years.

H. General Procedures for Application, Review and Approval.

1. Interested owners will be able to secure information and application packets from the Housing Administrator and from the Township Clerk.

2. Interested owners will submit a completed application form to the Housing Administrator. The Housing Administrator will be available to assist the owner in the completion of the application form,

3. Interested owners who submit applications for the Township's subsidized accessory apartments program shall not be required to pay fees for the application or for any of the inspections, permits or approvals undertaken or issued pursuant to the program.

4. The Housing Administrator will review the application for completeness and, if the application is complete, determine that the applicant has signed a binding contract stating his or her willingness to rent the subsidized accessory apartment unit to a qualified low or moderate income household.

5. The Inspection Officer will then inspect the property to rule on whether the structure which will contain the subsidized accessory apartment unit meets applicable code requirements and whether or not the proposed improvements and cost of the work needed to create the new unit will meet the parameters of the Township's subsidized accessory apartments program. The Inspection Officer's determination will be submitted in writing to the Housing Administrator.

6. If the Inspection Officer issues a satisfactory report, the Housing Administrator will forward a copy of the application to the Township Council for its approval. The Housing Administrator shall be available to discuss the application with the Township Council at the time of its consideration.

1. Approvals and Payments

1. If the Township Council approves the application, it shall simultaneously authorize the transfer of the required amount of the grant to a trust account to be administered by the Township Clerk for the purpose of making payments for the construction work.

2. The project may begin as soon as the applicant and the Housing Administrator have, in the presence of the Township Attorney, signed all of the necessary agreements. The Township Attorney shall arrange for the filing of the lien and deed restriction with the property deed.

3. The Township Council shall only deny an application for an accessory apartment subsidy if the project will not be in conformance with COAH's requirements, the Township's Development Regulations Ordinance, or this Ordinance. All denials shall be in writing with the reasons therefor clearly stated.

4. After construction is completed, the Inspection Officer will inspect the unit and determine that the work has been completed in accordance with the approved work plan. If the work is incomplete, the final payment to the contractor shall be withheld until the work is completed to the satisfaction of the Inspection Officer and in accordance with the owner/contractor agreement.

5. All payments shall be made jointly to the owner and contractor. The owner shall endorse payment over to the contractor. Payments shall be divided into three (3) or four (4) equal parts to be made upon the signing of an agreement between the owner and the contractor, at one or more appropriate interim stages as set forth in the owner/contractor agreement, and upon final inspections of the completed improvements and the issuance of a Certificate of Occupancy for the new unit and a certification of standard condition on the rest of the structure by the Inspection Officer.

6. Owners may contribute "sweat equity" toward the creation of a subsidized accessory apartment and the improvement of the existing dwelling but shall not receive financial remuneration for their efforts.

J. Affordability Controls

1. Liens on Property

An owner who receives financial assistance in the form of a grant under the provisions of the subsidized accessory apartments program shall be required to place a lien on his or her property. The following requirements shall apply to such liens: a) The Township shall be specified as the lienholder. b) The lien shall specify that the value of the lien equals the amount of the monetary benefits received by the applicant under the subsidized accessory apartments program. c) A record of the lien will be kept on the property tax record, in the County's tax files, in the Housing Administrator's records, with the deed and with the insurance policy, as required by this program. d) All properties shall be checked for liens prior to the issuance of a continuing Certificate of Occupancy. Any suspected violations of the program shall be reported to the Housing Administrator for further investigation. e) The owner shall notify the Housing Administrator, in writing, of the intent to sell a property that has benefited from the subsidized accessory apartments program, if the subsidized accessory apartment is still under the restrictions required by this program. f) Each time the unit is rerented, the owner must demonstrate that the unit will continue to be occupied by a qualified low or moderate income household and that the rent charged meets the affordability guidelines of the program.

2. Length of Affordability

a) Owners who utilize the provisions of the subsidized accessory apartments program shall accept a deed restriction on the property. The deed restriction shall state that only a low or moderate income household, as determined by the Housing Administrator, shall occupy the subsidized accessory apartment unit. The deed restriction shall be recorded and a copy of the recorded deed shall be forwarded to the Housing Administrator. The deed restriction shall go into effect as soon as a Certificate of Occupancy has been issued and shall apply for ten (10) years. Sale of the property shall not affect the length or terms of the deed restriction.

3. Pricing

Owners of a deed restricted subsidized accessory apartment unit must follow the rental guidelines set forth below: a) Gross rents, including a utility allowance consistent with the utility allowance approved by HUD for use in New Jersey, shall be set so as not the exceed thirty (30) percent of the gross monthly income for the appropriate household size and income level. Maximum rents for each household size and income level shall be calculated based on the regional weighted average of the current uncapped Section 8 income limits published by HUD and adopted by COAH. b) Rents for accessory apartments shall be established pursuant to N.J.A.C. 5:93-5.9(3). The following criteria shall be used to calculate applicable rents for the accessory apartment units:

1) Efficiency units shall be affordable to one person households;

2) One bedroom units shall be affordable to 1.5 person households;

3) The average rent of all subsidized accessory apartments in each bedroom distribution must be affordable to a household earning 57.5 percent of the regional median income. To achieve this average, the Housing Administrator will establish one rent for a moderate income unit and one rent for a low income unit for each bedroom distribution. Low and moderate income designations will be alternated, beginning with a low income designation, for each bedroom distribution.

4. Annual Indexed Increases.

The rents of the subsidized accessory apartment units may be increased annually in accordance with N.J.A.C. 5:93-9.15.

K. Program Compliance

The subsidized accessory apartments program will comply with all of the regulations of the Council on Affordable Housing.