A. Notwithstanding any provision of the Land Use and Development Regulations Ordinance to the contrary, affordable accessory apartments shall be permitted in the R-800, RR, R400C and R-400 Zoning Districts. The affordable accessory apartment shall be located within a detached, owner-occupied single-family dwelling and on a lot that otherwise conforms to the bulk requirements of the zoning district which it is located.
B. For the purpose of this section, the definition an "affordable accessory apartment" shall be defined as a self-contained residential dwelling unit with a kitchen, complete sanitary facilities, sleeping quarters and a private entrance which is created to be occupied by a low- or moderate-income household in accordance with the applicable provisions of the substantive rules of the New Jersey Council On Affordable Housing (COAH) as stated in N.J.A.C. 5:93-I et seq.
C. Conditions.
(1) All affordable accessory apartments shall comply with all applicable statutes and regulations of the State of New Jersey in addition to all local building codes and are subject to all applicable provisions of § 348-11.3 exclusive of § 348-I 1.3E which requires specific bedroom distributions.
(2) The affordable accessory apartment shall be rented only to a household which is either a low-or moderate-income household at the time of initial occupancy of the unit.
(3) The affordable accessory apartment shall, for a period of at least 10 years from the date of the issuance of a certificate of occupancy, be rented only to low- or moderate-income households.
(4) Rents of affordable accessory apartments shall be affordable to low- or moderate-income households in accordance with the applicable provisions as stated in N.J.A.C. 5:93-7.4 of COAH's substantive rules and shall specifically include an allowance for utilities in accordance with N.J.A.C. 5:93-7.4(f).
(5) The maximum number of affordable accessory apartments to be developed in the Township under the provisions of this section shall be 10.
(6) There shall be a recorded deed or declaration of covenants and restrictions applied to the property upon which the affordable accessory apartment is located running with the land and limiting its subsequent rental or sale within the requirements of Subsections C and D.
(7) Each affordable accessory apartment shall have living/sleeping space, cooking facilities, a kitchen sink and complete sanitary facilities for the exclusive use of its occupants. It shall consist of no less than two rooms, one of which shall be a full bathroom.
(8) The affordable accessory apartment shall have a separate door with a private entrance.
(9) There shall be a minimum of two on-site parking spaces provided exclusively for the affordable accessory apartment. These spaces will be in addition to the number of required spaces for the existing residential dwelling unit.
(10) The affordable accessory apartment program shall be affirmatively marketed in accordance with the provisions of N.J.A.C. 5:93-11 and § 348-11-7.
(11) In the case of an affordable accessory apartment created illegally or without proper permits which the property owner desires to legitimize as an affordable accessory apartment under this section, all criteria set forth in the section shall apply, except that no subsidy shall be provided by the Township of Dover.
D. Administration of the affordable accessory apartment program. The designated AH administrator of the Township of Dover shall administer the affordable accessory apartment program in accordance with the following:
(1) The AH administrator shall be responsible for all administrative aspects of the affordable accessory apartment program, including advertising, income qualifying prospective renters, setting rents and annual rental increases, maintaining a waiting list, distributing the subsidy, securing certificates of occupancy, qualifying properties, handling application forms, filing deed restrictions, monitoring reports and affirmative marketing.
(2) The AH administrator shall only deny an application for an affordable accessory apartment if the project is not in conformance with COAH's requirements ands. provisions of this section. All denials shall be in writing with the reasons clearly stated.
(3) In accordance with N.J.A.C. 5:93-5.9(a)2, the Township of Dover shall provide $10,000 to subsidize physical creation of an affordable accessory apartment conforming to the requirements of this section. Prior to the grant of such subsidy, the property owner shall enter into a written agreement with the Township of Dover ensuring that the subsidy shall be used to create the accessory apartment and the apartment shall meet the requirements of this section and COAH regulations.
E. Application procedures. Each application for the creation of an affordable access. apartment shall submit the following information to the AH administrator:
(1) A sketch of floor plan(s) showing the location, size and relationship of both the affordable accessory apartment and the primary dwelling within the building.
(2) Rough elevations showing the modification of any exterior building facade to which changes are proposed.
(3) A site development sketch showing the location of the existing dwelling and other existing buildings, all property lines, along with the minimum building setback lines, the required parking spaces for both dwelling units and any natural or man-made condition which might affect construction.
A. Housing Affordability Services (HAS) will be the agency under contract with the Township of Dover to administer the affordable housing units. HAS maintains the responsibility to advertise, income qualify low- and moderate-income households; to place eligible households in lowand moderate-income units upon initial occupancy: to continue to qualify households for reoccupancy of units as they become vacant and to enforce the terms of the deed restriction. The Township of Dover and/or HAS will provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualifications, rental lease requirements and landlord-tenant law. In addition, the Township of Dover shall designate that the AH administrator and/or a full time housing coordinator to act as liaison between COAH, the municipality and HAS. The municipal liaison will be responsible for tracking the progress of affordable housing, fielding inquiries regarding affordable housing from the public and COAH and complying with COAH monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 5:93-12.1.
B. Developers/builders/sponsors of low- and moderate-income housing units may be required by the Township of Dover to assist in the advertising of affordable units in their respective developments in accordance with the preceding subsections. Such advertising must be coordinated with HAS and is subject to the approval of the Township of Dover.
C. The Township of Dover, in conjunction with HAS, may delegate other specific tasks to a developer/builder/sponsor (such as interviewing applicants, prescreening households, etc.), provided that copies of all applications, income verification documents, sales records, etc., of the low- and moderate-income units are returned to HAS for reporting purposes and to aid with future re-sales.
D. Households who live or work in the housing region of Monmouth, Mercer and Ocean Counties may be given preference for the affordable housing units within the municipality. Applicants living outside the housing region shall have an equal opportunity for units after intraregional applicants have been processed. The Township of Dover intends to comply with N.J.A.C. 5:93-11.7.
E. The Housing Affordability Service (HAS) shall comply with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 5:93-12.1.
A. The AH administrator shall develop and implement an affirmative marketing program for affordable housing units that shall apply to all developments that contain low- and moderate-income housing units and shall also develop and implement affirmative marketing programs for the accessory apartments program and the write-down/buy-down program.
B. The affirmative marketing plan is a regional marketing strategy designed to attract income-eligible households of all majority and minority groups, regardless of sex, age or number of children, for the purpose of buying or renting affordable housing units. The plan shall address the requirements of N.J.A.C. 5:93-11. in addition, the plan prohibits discrimination in the sale, rental, financing, etc., on the basis of race, color, sex, religion, handicap, age, familial status/size or national origin. The Township of Dover is in the housing region consisting of Monmouth, Mercer and Ocean Counties. The affirmative marketing plan is a continuing program and shall meet the following requirements:
(1) All newspaper articles, announcements and request for applicants for low- and moderate-income housing shall appear in the following daily regional newspaper(s):
(a) The Asbury Park Press and Ocean County Observer.
(2) The initial advertising of affordable housing shall take the form of at least one press release and one paid display advertisement in the above newspaper(s). At a minimum, the paid display advertisement shall include the following:
(a) Street address of units.
(b) Directions to housing units.
(c) Number of bedrooms per unit.
(d) Size of units.
(e) Prices or rents of units.
(f) Income range for qualifying households.
(g) Location of applications.
(h) Telephone number and office hours for obtaining information and requesting applications.
(3) Applications must be mailed to prospective applicants upon request.
(4) Public service announcements shall be made through the use of the following radio and/or cable television stations broadcasting throughout the regions:
(a) Cablevision of Monmouth, Comcast Cablevision and Adelphia Cable.
(5) Announcements, request for applicants and newspaper articles may be placed in the following neighborhood-oriented weekly newspapers, religious publications and organizational newsletters within Monmouth, Mercer and Ocean Counties as needed:
(a) The Co-Star.
(6) The following is the location of applications, brochure(s), sign(s) and/or poster(s) used as part of the affirmative marketing program, including specific employment centers within the region:
(a) Municipal building.
(b) Municipal library.
(d) Senior center.
(e) Ocean, Monmouth and Mercer County Government Complexes.
(7) The following is a listing of community contact person(s) and/or organization(s) in Monmouth, Mercer and Ocean Counties that will aid in the affirmative marketing program with particular emphasis on contacts that will reach out to groups that are least likely to apply for affordable housing within the region:
(a) Ocean County Community Development.
(b) Monmouth County Community Development.
(c) Mercer County Community Development.
(8) Affordable housing applications, brochures, announcements and/or posters will be forwarded to and posted at the following locations:
(a) Developer's sales office.
(b) Municipal building and library.
(c) Monmouth County Library.
(d) Mercer County Library.
(e) Ocean County Library.
(9) Quarterly informational circulars and applications shall be sent to each of the following agencies for publication in their journals and for circulating among their members:
(a) Board of Realtors in Monmouth County.
(b) Board of Realtors in Mercer County.
(c) Board of Realtors in Ocean County.
(10) The following is a description of the random selection method that will be used to select occupants of low- and moderate-income housing: From the list of qualified applicants, names will be drawn randomly and the applicant contacted.
(11) The affirmative marketing plan for new units shall commence 120 days before the issuance of either temporary or permanent certificates of occupancy. Affirmative marketing shall continue until all low- and moderate-income housing units are initially occupied. Affirmative marketing for existing units shall continue on an as needed basis for as long as affordable units are deed restricted.
A. Establishment of fund. There is hereby established in the Township of Dover an interest-bearing account known as the "Dover Township Affordable Housing Trust Fund," which shall have as its primary purpose support of low- and moderate-income housing in the Township of Dover and the region in which it is included, in furtherance of the mandates of the Constitution of the State of New Jersey. Trustees of the fund shall be the Township Committee of the Township of Dover, and, in accordance with the provisions of N.J.A.C. 5:92-18.17 and 18.18, the Superior Court of the State of New Jersey may, upon notice to the Township Clerk, direct the disbursement of development fees.
B. General provisions.
(1) All moneys generated through the applicable provisions of
(2) The Township Committee, in the name of the fund, shall have the right to apply for and receive grants from any source to further the purpose of the fund.
(3) The Township Committee, in the name of the fund, shall provide for the disbursement of funds for the purpose of achieving the purpose set forth in
(4) The Township Committee shall endeavor to provide for the disbursement of said funds in such a manner that, to the extent feasible, controls on affordability shall be consistent with the provisions of
C. General powers. The Township Committee, acting as trustees of the fund, shall have the following powers:
(1) To appoint a person or organization as Housing Officer to administer the fund on its behalf and at its direction.
(2) To use the money generated from the fund to:
(a) Transfer funds to other municipalities or other public entities in the region to provide for the regional housing needs through any method approved by the court.
(b) Provide funds for costs of administering the fund.
(c) Provide funds for planning and administering any other method of advancing affordable housing.
D. Termination of fund.
(1) The Township may terminate the fund when it is no longer needed for low- and moderate-income purposes. At that time, any funds on hand not needed to retire outstanding debt or to pay outstanding bills shall be transferred to an organization within the State of New Jersey for the purpose of providing low- or moderate-income housing, first, in the region of which Dover Township is a part, and second, within the state.
(2) Any property owned by the Township which was purchased with funds contributed for low- and moderate-income purposes shall be sold at market rates, and the net proceeds shall be transferred to an organization or agency for the continued benefit of low- and moderate-income families in the region.
Assistance provided for the rehabilitation of affordable units shall incorporate controls on continuing affordability and resale/rerental as follows:
A. Definitions of terms used in this section are as follows:
DEVELOPMENT FEES - Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted pursuant to N.J.A.C. 5:92.18 et seq.
EQUALIZED ASSESSED VALUE - The value of the property determined by the Municipal Tax Assessor through the process designed to ensure that all property in the Township is assessed at the same assessment ratio or ratios required by law. Estimates at the time of the building permit may be obtained by the Tax Assessor utilizing estimates for construction costs. Final equalized assessed value will be determined at unit/project completion by the Municipal Tax Assessor.
B. Mandatory nonresidential fee. Each developer of any site or building proposing any development as defined herein shall pay a mandatory fee as follows: [Amended 3-8-2005 by Ord. No. 3933-05]
(1) For new construction, the fee shall be 2% of the equalized assessed value of the property as determined by the Municipal Tax Assessor.
(2) For additions, alterations, changes) of use or other development, including home professional offices, home occupation or other similar home business uses, except nonresidential subdivisions and except as provided herein, the fees shall be 2% of the increase in equalized assessed value as determined by the Municipal Tax Assessor.
C. Mandatory single- or two-family residential fee. Each developer of land which shall result in residential development shall pay a mandatory fee equal to 1 % of the equalized assessed value of every unit in the residential development as determined by the Municipal Tax Assessor. [Amended 3-8-2005 by Ord. No. 3933-05]
D. Mandatory multifamily residential fee. Each developer of multifamily housing within the Township of Dover shall pay a mandatory fee equal to 1% of the equalized assessed value of every unit in the residential development as determined by the Municipal Tax Assessor. [Amended 3-8-2005 by Ord. No. 3933-05]
E. Collection of development fees. The Township shall collect 50% of the fee on each unit within any specific development or, in the case of nonresidential uses, on the total project prior to and as a condition of the issuance of any building permit therefor. The remaining portion shall be collected prior to and as a condition of the issuance of any certificate of occupancy. Once the finalized equalized assessed value of a particular unit/development has been determined by the Tax Assessor, and such finalized equalized assessed value is greater than the estimated equalized assessed value, the developer shall, within 10 business days from the receipt of notification from the Township, pay to the Township the difference between the development fees required to be paid by the developer once such finalized equalized assessed value has been determined and the estimated development fees actually paid by the developer. Failure of the developer to make timely payment of any deficiency to the Township shall entitle the Township to file, without notice to the developer, a lien against the subject development. In the event that the Township shall file such lien, the Township may add to the aforesaid deficiency amount reasonable attorney fees to file and discharge such lien, together with any and all costs incurred to file and discharge said lien. In the event that the estimated equalized assessed value is determined to be higher than the final equalized assessed value, the Township shall promptly refund the difference between the estimated development fees actually paid by the developer and the development fees required to be paid by the developer once such final equalized assessed value has been determined.
F. Exemptions. The following development shall be exempt from the provisions of this section:
(1) Inclusionary developments listed in
(2) Any single-family residential development not defined as a major subdivision.
(3) Any development that has received preliminary or final approval and for which such approvals shall be protected, uninterrupted, pursuant to the provisions of this chapter and the Municipal Land Use Law, unless the developer of such development seeks a substantial change in the approval. Any application for extension of statutory guaranties in accordance with
(4) Any development by a church, fire or first aid squad, nonprofit and tax-exempt hospital facility, Board of Education or the Township, the county, the State of New Jersey, the federal government or their instrumentalities,
G. Revenues. The Township shall use revenues collected from development fees for any activity approved by the court for addressing the Township's fair share obligation; such activities may include but are not limited to rehabilitation, new construction, regional contribution agreements, purchase of land for low- or moderate-income housing, improvement of land to be used for low- or moderate-income housing, extension and/or improvements of roads and infrastructure to affordable housing sites, assistance designed to render units more affordable and administration of the implementation of the Dover Township Fair Share Plan.
(1) All expenditures shall be in accordance with the provisions of a spending plan approved by the Superior Court, and the court may direct the manner in which all development fees collected pursuant to this section are expended if any of the following should occur:
(a) Failure to submit a spending plan within the time limits imposed by the court.
(b) Failure to meet deadlines for information required by the court in the review of this chapter, the Township's Fair Share Plan or spending plan.
(c) Failure to address the court's conditions for approval of a plan to spend development fees within the deadlines imposed by the court.
(d) Failure to address the court's conditions for judgment of repose within deadlines imposed by the court.
(e) Failure to submit accurate progress and monitoring reports within the time limits imposed by the court.
(f) Failure to implement the spending plan for development fees within the time limits by the court or within reasonable extensions granted by the court.
(g) Expenditure of development fees on activities not permitted by the court.
(h) Revocation of the Township's judgment of repose.
(i) Other good cause demonstrating that revenues are not being used for the intended purpose.
(2) Should any such condition occur, such revenue shall immediately become available for expenditure at the direction of the court upon the Township Clerk's receipt of written notification from the court that such a condition has occurred. In furtherance of the foregoing, the Township shall, in establishing an interest-bearing Affordable Housing Trust Fund pursuant to
H. Expiration. The Township's ability to collect development fees shall expire with the expiration of the judgment of repose unless the Township has fled an adopted housing element with the court or the Council on Affordable Housing, has petitioned for a further judgment of repose or substantive certification and is in receipt of the Court's or Council's approval of its development fee ordinance. If any part of this section shall be held invalid, the holding shall not affect the validity of the remaining part of this section. If any part of this section is held invalid in one or more of the applications, the rules shall remain in effect in all valid applications that are severable from the invalid application.
