Clarke Caton Hintz
Architecture
Fair Share Plan Appendices
Planning
Landscape Architecture
100 Barrack Street
Trenton NJ 08608
Town of Clinton, Hunterdon County, New Jersey
clarkecatonhintz.com
Tel: 609 883 8383
Fax: 609 883 4044
John Clarke, FAIA
Philip Caton, FAICP
Carl Hintz, AICP, ASLA
John Hatch, AIA
George Hibbs, AIA
Brian Slaugh, AICP
Michael Sullivan, AICP
May 2010
Fair Share Plan Appendices
Clarke Caton Hintz
Appendix A.
Planning Board Resolution adopting the Amended Housing
Element and Fair Share Plan
Appendix B.
Governing Body Resolution Endorsing the Amended Housing
Element and Fair Share Plan
Appendix C.
Revised Workbook D and Supporting Documentation
Appendix D.
Hunterdon Alliance Documentation
Appendix E.
Hunterdon ARC Documentation
Appendix F.
Existing Accessory Apartment Documentation
Appendix G.
Twin Ponds Highlands Council Consistency Review
Appendix H.
Twin Ponds Inclusionary Development Ordinance
Appendix I.
Twin Ponds Approving Documentation
Appendix J.
Draft Accessory Apartment Ordinance
Appendix K.
Draft Affordable Housing Ordinance
Appendix L.
Draft Development Fee Ordinance
Appendix M.
Governing Body Resolution Requesting Approval of
Development Fee Ordinance
Appendix N.
Spending Plan
Appendix O.
Governing Body Resolution Requesting Approval of Spending
Plan
Appendix P.
Affordable Housing Trust Fund Escrow Agreement
Appendix Q.
Governing Body Resolution of Intent to Bond
Appendix R.
Housing Liaison Ordinance and Appointing Resolution
Appendix A.
Planning Board Resolution Adopting the
Amended Housing Element and Fair Share Plan
Appendix B.
Governing Body Resolution Endorsing the
Amended Housing Element and Fair Share Plan
Appendix C.
Revised Workbook D and Supporting Documentation
Summary of Adjusted Growth Share Projection Based On Land Capacity
(Introduction to Workbook D)
Municipality Code:
1005
Municipality Name: Clinton Town
Muni Code Lookup
This workbook is to be used for determining the projected Municipal Growth Share Obligation by comparing growth projected by COAH with actual growth
based on certificates of occupancy that have been issued from 2004 through 2008 and the RMP build-out analysis conducted under Module 2 of the
Highlands RMP conformance process. Data must be entered via the "tabs" found at the bottom of this spreadsheet which may also be accessed through
the highlighted links found throughout the spreadsheet. This workbook consists of five worksheets that, when combined on this introduction page,
provide a tool that allows the user to enter exclusions permitted by N.J.A.C. 5:97-2.4 to determine the projected Growth Share Obligation. COAHgenerated Growth Projections included in Appendix F(2) of the revised Third Round Rules, Highlands Council build-out figures based on Mod 2 Reports
and actual growth based on COs as published by the DCA Division of Codes and Standards in The Construction Reporter are imported automatically
upon entry of the Municipal Code.
Click Here to enter COAH and Highlands Council data
Municipalities seeking to request a revision to the COAH-generated growth projections based on opting in to the Highlands RMP may do so by providing
this comparative analysis of COAH and RMP build-out projections. After completing this analysis, the growth projections may be revised based on the
Highlands RMP build-out analysis. Actual growth must first be determined using the Actual Growth worksheet. The RMP adjustment applies only to RMP
capacity limitations that are applied to growth projected from 2009 through 2018.
Click Here to Enter Actual Growth to Date
Click Here to Enter Permitted Exclusions
Click Here to View Detailed Results from Analysis
Summary Of Worksheet Comparison
COAH Projected
Growth Share
Growth Share Based
on Highlands RMP
Residential Growth
Residential Exclusions
Net Residential Growth
Residential Growth Share
60
0
60
12.00
22
0
22
4.40
Non-Residential Growth
Non-Residential Exclusions
Net Non- Residential Growth
Non-Residential Growth Share
1,544
0
1,544
96.50
474
0
474
29.63
109
34
Total Growth Share
The Highlands RMP analysis results in a revision to the COAH-generated growth projection. Clinton Town may file this Workbook and use a
Residential Growth Share of 4.4 plus a Non-residential Growth Share of 29.63 for a total Highlands Adjusted Growth Share Obligation of 34
affordable units
Growth Projection Adjustment - Actual Growth
Actual Growth 01/01/04 to 12/31/08
Municipality Name: Clinton Town
Residential COs Issued
As Published by D C S
0
Per Municipal Records (if different)
5
Qualified Residential Demolitions
1
Note: To qualify as an offsetting residential demolition, the unit must be the primary residence of the household for which the
demolition permit has been issued, it had to be occupied by that owner for at least one year prior to the issuance of the
demolition permit, it has to continue to be occupied by that household after the re-build and there can be no change in use
associated with the property. (See N.J.A.C. 5:97-2.5(a)1.v.) A Certification Form must be completed and submitted for each
qualifying demolition.
Non-residential
CO's by Use Group
B
M
F
S
H
A1
A2
A3
A4
A5
E
I
R1
Total
Get Demolition Certification Form
Square Feet
Square Feet
Added (COs Square Feet
Added (COs
Issued) per
Lost
Jobs Per
Issued) As
Municipal
Demolition
1,000 SF
Published by
Records Permits Issued)
DCS
(if different)
2.8
0
0
1.7
4,208
7,724
1,207
1.2
0
0
1.0
0
0
1.6
0
0
1.6
0
0
3.2
0
0
1.6
0
0
3.4
0
0
2.6
0
0
0.0
0
0
2.6
0
0
1.7
0
0
4,208
7,724
1,207
Return to Main Page (Workbook D Intro)
Proceed to COAH Data and RMP Module 2 Build-out Data
Proceed to Exclusions Tab
Total Jobs
0.00
11.08
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
11.08
Affordable and Market-Rate Units Excluded from Growth
Municipality Name: Clinton Town
Prior Round Affordable Units NOT included in Inclusionary Developments Built Post 1/1/04
Number of COs
Issued and/or Projected
Development Type
Supportive/Special Needs Housing
Accessory Apartments
Municipally Sponsored and 100% Affordable
Assisted Living
Other
Total
0
0
0
0
0
0
Market and Affordable Units in Prior Round Inclusionary Development Built post 1/1/04
N.J.A.C. 5:97-2.4(a)
(Enter Y for yes in Rental column if affordable units are rentals
Rentals?
(Y/N)
Development Name
Total
Units
Market
Units
0
0
0
0
0
0
Total
Affordable
Units
0
Market Units
Excluded
0
0
0
0
0
0
0
Jobs and Affordable Units Built as a result of post 1/1/04 Non-Residential Development
N.J.A.C. 5:97-2.4(b)
Affordable
Units
Provided
Development Name
Total
Return to Main Page (Workbook D Intro)
Return to COAH Data and RMP Module 2 Build-out Data
Return to Actual Growth
View Detailed Results from Analysis
Permitted
Jobs
Exclusion
0
0
0
0
0
0
COAH Growth Projections and Highlands Buildout Data
Must be used in all submissions
Municipality Name: Clinton Town
The COAH columns have automatically been populated with growth projections from Appendix F(2) found at the back of N.J.A.C. 5:97-1 et seq. The
Highlands RMP Build-out columns have automatically been populated with residential and non-residential build-out figures from the municipal build-out
results with resource and utility constraints found in Table 4 of the RMP Module 2 report. Always check with the Highlands Council for updates. If
figures have been updated, enter updated build-out results. Use the Tabs at the bottom of this page or the links within the page to toggle to the
exclusions worksheet of this workbook. After entering all relevant exclusions, toggle back to the introduction page to view the growth share obligation
that has been calculated based on each approach.
COAH Projections
Highlands RMP Buildout Analysis
From Appendix F(2) found at the back of N.J.A.C. 5:97-1 et seq.
Allocating Growth To Municipalities
Residential
From Module 2
Table 4 – Municipal Build-Out Results With Resource and Utility Constraints
Updated as of September 8, 2009
Preservation
Area
Non-Residential
60
1,544
Residential units –
Sewered
Septic System Yield
Total Residential Units
Non-Residential Jobs –
Sewered
Planning Area
Totals
0
0
15
15
15
15
0
0
3
3
3
3
0
0
18
18
18
18
0
0
463
463
463
463
Note: Always check with the Highlands Council for updated municipal
Build-out numbers. Enter build-out figures in the appropriate boxes
only if revised figures have been provided by the Highlands Council.
Comparative Anaylsis Detail For Clinton Town
The following chart applies the exclusions permitted pursuant to N.J.A.C 5:97-2.4 to both the COAH growth projections and the projected growth that results from the
Highlands RMP build-out analysis plus actual growth for the period January 1, 2004 through December 31, 2008.
COAH
Projected Growth From COAH
Appendix F(2)
Highlands
NonResidential
Residential
60
1,544
Residential Exclusions per 5:97-2.4(a) from "Exclusions" tab
COs for prior round affordable
units built or projected to be built
Inclusionary Development
Supportive/Special Needs
Housing
Accessory Apartments
Municipally Sponsored
or 100% Affordable
Assisted Living
Other
0
0
0
Market Units in Prior Round
Inclusionary development built
post 1/1/04
0
0
0
Net Growth Projection
Projected Growth Share
(Residential divided by 5 and
jobs divided by 16)
Inclusionary Development
Supportive/Special Needs
Housing
Accessory Apartments
Municipally Sponsored
or 100% Affordable
Assisted Living
Other
0
0
Subtract the following NonResidential Exclusions per
5:97-2.4(b) from "Exclusions"
tab
Affordable units
Associated Jobs
RMP Build-out results from
Mod2 Table 4
Actual Growth from COs
issued 2004 through 2008
Subtract the following NonResidential Exclusions per
5:97-2.4(b) from "Exclusions"
tab
Affordable units
Associated Jobs
60
1,544
Net Growth Projection
12.00
96.50
Projected Growth Share
(Residential divided by 5 and
jobs divided by 16)
Total Projected Growth Share Obligation
18
463
4
11
Residential Exclusions per 5:97-2.4(a) from "Exclusions" tab
COs for prior round affordable
units built or projected to be built
0
Market Units in Prior Round
Inclusionary development built
post 1/1/04
NonResidential
Residential
Affordable
109 Units
Return to Main Page (Workbook D Intro)
Return to COAH Data and RMP Module 2 Build-out Data
Return to Actual Growth
Return to Exclusions
0
0
0
0
0
0
0
0
0
0
22
474
4.40
29.63
Affordable
34 Units
Appendix D.
Hunterdon Alliance Documentation
Appendix E.
Hunterdon ARC Documentation
Appendix F.
Existing Accessory Apartment Documentation
Appendix G.
Twin Ponds Highlands Council Consistency Review
Prior COAH Round Site Consistency Review- Twin Ponds
The Town of Clinton will address a portion of its prior round affordable housing obligation with
the development of Country View Builder’s Twin Ponds Development Project. The Twin Ponds
Development site consists of two parcels (Block 1, Lot 60 measuring 11.9 acres and Lot 60.02
measuring 5.36 acres) located at the extreme western boundary of the Town adjacent to Union
Township. The site is bounded by New Jersey State Highway Route 173 (Main Street) to the south
and Rupell Road to the north. Village Road separates the two parcels. The applicant intends to
develop only lot 60.02 the southern and smaller lot and permanently preserve the remaining
larger parcel, lot 60, to the north.
Regional Context of the Site
The Twin Ponds site as depicted in the aerial photograph below is nearly surrounded by
residential or institutional development with one exception to the east the Dumont Pond Park
(labeled Lingerts Pond) a municipally protected park with public parking for the pond’s visitors.
Twin Ponds Site
Edna Mahon
Correctional Facility
Aerial Photograph of Twin Ponds Site Block 1 Lots 60 and 60.02
Site History
The Twin Ponds site was the subject of a Mt. Laurel Builder’s Remedy lawsuit in 1984. The
resulting Settlement Agreement required the site be rezoned to a Planned Unit development
(PUD) zone district which provided for a variety of residential units and a moderate amount of
1
nonresidential floor area, as well as 18 on-site affordable units. Subsequently, the site was
rezoned to the PRD-P zone district, to account for the environmental constraints present on the
site, and was approved for 48 multifamily market units and a payment in lieu of constructing 10
affordable units in the amount of $200,000. Since that approval in 2002, the project’s vested
rights have expired. Subsequently, the Town adopted in 2007 a Reexamination Report and in
2008 a new Master Plan recommending increased density on the site to 3.60 dwelling units per
acre with a 60 unit maximum and increased impervious coverage limitations to 65%. These
Master Plan recommendations as well as all other recommended revisions to the municipal
implementing ordinances were put “on hold” while the municipality was weighing the benefits of
Highlands Conformance. On December 8, 2009, Clinton Town petitioned the Highlands
Council for Conformance in both the Planning Area and the Preservation Area of the
municipality. As a result, the applicant and the Town have been engaged in informal discussions
to move the project forward. Currently, the applicant has informally agreed to provide 49 market
rate residential units and 12 additional affordable units on-site in exchange for retention of the
zoning density on the property. The Town views this development as a necessary and favorable
means of meeting a portion of its affordable housing obligation as well as the terms of the
Builder’s Remedy.
Utility Infrastructure and Capacity
The Twin Ponds site is currently not listed as within the existing area served by either the Town
of Clinton Highlands Domestic Sewerage Facility or the Town of Clinton Water Department;
however, the site is adjacent to sites currently served and infrastructure extensions are readily
available. The Highlands Council Utility Capacity Technical Report as well as the Highlands
Conformance Module 2, Highlands Build-Out Report indicate the Town of Clinton has available
potable water and sewer capacity to serve this site. The available wastewater capacity for Clinton
Town is .135 MGD and potable water capacity is 5.42 MGM.
Site Suitability: Council on Affordable Housing “COAH”
Documentation of site suitability criterion and consistency with the State Development and
Redevelopment Plan, “State Plan”, are found in COAH’s Third Round Substantive Rules at
N.J.A.C. 5:97-3.13. The Twin Ponds site Block 1, Lot 60.02 is suitable to produce affordable
housing as follows:
ƒ There are no encumbrances which preclude the development of affordable housing on
the property. The applicant has free and clear title.
ƒ As noted above the site is adjacent to similar scale residential land uses and other
compatible land uses and has access to appropriate streets. The site can be accessed by
Rt. 173 (Main Street) and Village Road. A multi-family residential neighborhood is
located to the west in Union Township and the east in Clinton Town is a single-family
residential neighborhood, open space and commercial uses.
2
ƒ As noted above, the site can adequately be served with potable water and wastewater
using available capacity from the Town of Clinton Water Department and Clinton
Highlands Domestic Sewerage Facility #0020389: the Clinton Water treatment Plant.
ƒ The site can be developed consistent with the Residential Site Improvement Standards.
ƒ The Site is located in Planning Area 2 of the adopted State Development and
Redevelopment Plan Policy Map which is a preferred location for affordable housing.
The site is therefore consistent with the State Plan.
ƒ The site is located within the New Jersey Highlands Planning Area, Existing
Community Sub-zone which is a preferred location for new development, utility
extensions, and affordable housing.
Further consistency discussion with the
Highlands Water Protection and Planning Act will be provided in detail below.
ƒ The site can be developed in accordance with all other state regulations such as those
of the Department of Environmental Protection (“DEP”).
ƒ There are no historically or architecturally important structures on the site, and the site
is not part of an historic district. The development of the subject site will not have a
negative impact on the Town’s historic sites or district.
Highlands Regional Master Plan Consistency Review
The Highlands Council has generated a consistency analysis tool which can detail site specific
Highland’s environmental constraints as outlined in the Highlands Regional Master Plan,
(“RMP”). This Highlands Consistency Review Report is attached in its entirety as Appendix A.
The following outline will discuss site consistency issues identified in the consistency report and
provide initial ideas for addressing them. During the Plan Conformance process, the Town looks
forward to working cooperatively with the Highlands Council and its staff to facilitate the
development of this and other affordable housing sites in order to completely address the
municipality’s obligation.
Highlands Areas
The Twin Ponds Development site is located within the Highlands Planning Area and Existing
Community Sub-zone. A portion of the northern parcel, Lot 60 which is to be preserved, is also
located in the Lake Community Sub-zone due to its proximity to the Spruce Run Reservoir. The
Existing Community Sub-zone is defined in the RMP as areas of regionally significant
concentration signifying existing communities. This zone is intended to allow the expansion of
public water and wastewater systems to serve new areas of development. Affordable housing
projects where affordable units exceed 10% of the project are intended to have priority for capacity
and expansion of public utility service areas. The Twin Ponds project is proposed to have 20%
affordable housing set-aside.
3
The Highlands Consistency Report cites RMP policies and objectives specific to the Twin Ponds
Site. Policy 6F3 seeks to ensure new development incorporates smart growth principles and does
not adversely affect natural resources. The Town will seek to ensure the site’s sensitive
environmental development as much as is practicable and that the construction adheres to smart
growth principles such as compact design and proximity to transportation infrastructure. Policy
6F4 and 6F5 seek to ensure new development is adequately served by public utilities and
community facilities and that existing community character is maintained. The Town and the
applicant will demonstrate the adequacy of both utility infrastructure and existing community
facilities. The neighboring multi-family residential development in Union Township is of a
similar character and density as the proposed development. Many of the other adjacent land uses
are similarly residential. The Town supports the Twin Ponds Development as consistent with the
existing community character.
Forest Resources
The Portion of the Twin Ponds Development Site, Block 1 Lot 60.02, which is to be developed as
an inclusionary housing project hereinafter known as “the site” is wooded but is not identified as
a Highlands Forest Resource Area. In addition, no Highlands Forest Resource Areas are located
on any parcel adjacent to the site. None of the RMP Objectives or Policies regarding Forest
Resource Areas pose limitations to development of the site. However, the site is included in the
larger region as part of the High Integrity Forest Subwatershed. The RMP recognizes these
wooded lands as valuable to the overall subwatershed even if they do not meet the criterion for
Highlands Forest Resource Areas. RMP Policy 1B3 does apply to the site and requires limitation
to the greatest extent practicable on deforestation of forested lands within the High Integrity
Forest Subwatershed within the Existing Community Sub-zone. Development of the Twin Ponds
site will require significant deforestation to accommodate the necessary density of housing. The
Town and the applicant propose to mitigate the impact on the High Integrity Forest
Subwatershed area by planting additional trees on the parcel to be permanently preserved to the
north, Lot 60. The Town looks forward to working with the Highlands Council in planning for
the resource enhancement and preservation of this parcel.
Highlands Open Waters Buffers and Riparian Areas
The site is approximately 75% encumbered by both Highlands Open Waters Buffers and Riparian
Areas of Moderate Integrity. It appears that the open water features are the “twin” ponds in the
region and possibly a channelized portion of an existing unnamed tributary of the South Branch
of the Raritan. The Town and the applicant propose to accurately map the subject Highlands
Open Water features on site and to obtain a NJDEP Wetlands Letter of Interpretation as
documentation. A mitigation plan for on site disturbance of the buffers reliant upon RMP
Objective 1D4H will be proposed and implemented. In addition, enhancement of the functional
value of the existing buffers, water quality of existing open waters, and habitat value of the
riparian area on the preserved Lot 60 will be explored in cooperation with the Highlands Council
and staff.
4
Net Water Availability
The site is located in a water deficit area. The Net Water Availability by HUC 14 is identified as
(-0.99) - (-0.10) MGD. The Town and the applicant propose to address the water deficit in
concert with the municipality’s Water Use and Conservation Plan, (“WUCP”). This Plan, a pilot
program for the Highlands Area, is currently under development and will certainly be the first
adopted in the region. If feasible and as directed by the WUCP, the inclusionary development on
Lot 60.02 and the preservation of Lot 60 will help to mitigate the existing deficit in the
subwatershed.
Well Head Protection Area
The site is within a Tier 1 Well Head Protection Area which means there exists a two year time of
travel for ground water within this area to reach a public water supply well. RMP Objective 2H2a
prohibits land uses which have significant potential to result in discharge of pathogens to ground
water or to land surfaces within a tier 1 Well Head Protection Area. This Objective also requires
construction of sewer lines to prevent seepage of untreated sewage into ground water. The Town
and the applicant will comply with the requirements of this Objective.
Objective 2H4b encourages stormwater reuse to minimize stormwater discharge volume in a Tier
1 Well Head protection Area. The Town and the applicant will explore the reuse of stormwater
from the development.
Objective 2H5c ensures development activities implement best management practices to protect
the quality of ground water within Well Head Protection Areas. The Town and the applicant will
explore best management practices for ground water protection.
Public Community Water Systems
The site is currently not connected to the public water system, but existing capacity is available
and connections are convenient on adjacent parcels. The RMP limits extension of public water
utilities; however, the site is located in the Existing Community Sub-zone where development at
higher densities served by public utilities is encouraged. In addition, RMP Policy 2B6 requires
interagency coordination including a Water Use and Conservation Plan for new or extended water
service areas to eliminate new water deficit and where feasible help to mitigate existing deficits.
The Town and the applicant will rely upon the WUCP when water service is extended to the site.
Agricultural Resource Area
The site is not within a Highlands Agricultural Resource Area.
Public Transit Sites
The Highlands RMP Objective 5E1b promotes a reduction in vehicle miles traveled by locating
new development within close proximity to rail stations and along bus routes. The site is adjacent
5
to a private bus route although it is unclear if a stop is within ½ mile of the site. The site is within
a ½ mile of a park and ride site.
W:\5000's\Town of Clinton\Highlands Conformance\MOD 3 COAH\Twin Ponds HCR\Final\Prior Round Site Consistency
Review Twin Ponds.doc
6
Appendix A: Highlands Regional Master Plan Consistency Report
Twin Ponds Inclusionary Housing Development
Town of Clinton : Block 1, Lot 60 to be preserved and 60.02 to be developed.
7
Appendix H.
Twin Ponds Inclusionary Development Ordinance
TOWN OF CLINTON
ORDINANCE NO. 2010 - _____
AN ORDINANCE OF THE TOWN OF CLINTON
AMENDING THE LAND USE CODE OF THE TOWN OF CLINTON
WHEREAS, the Town finds that amendments to the PRD-P zone district are necessary for the
Land Use Code to be consistent with the May 2008 Master Plan, the 2006 Housing Element and
Fair Share Plan and the 2010 Housing Element and Fair Share Plan;
BE IT ORDAINED by the Mayor and Town Council of the Town of Clinton, in the County of
Hunterdon, State of New Jersey, that the Land Use Code of the Town of Clinton be amended as
follows (deletions are shown as thus and additions are shown as thus):
1.
Section 88-52.1., entitled “PRD-P and PRD Planned Development Districts” of Article VII
entitled, “Zoning Regulations” of the Land Use Code of the Town of Clinton, as
heretofore supplemented and amended, is hereby supplemented and amended to add an
amend the following:
A.
Purpose. The purpose of the PRD-P and PRD Districts is to encourage the development
of certain large vacant tracts in a manner which incorporates the best features of design
and relates the type, design and layout of residential, nonresidential and recreational
development to the particular site and, at the same time, to provide the, realistic
opportunity for lower-income housing to be constructed in accordance with the
guidelines set forth in the Mount Laurel II decision. Special standards and procedures
applicable to these two districts only are set forth herein to expedite the production of the
lower-income housing.
B.Application procedures.
(1)The applicant shall submit all plans and documents to the Planning Board for review
and approval as required in Article VI. The Planning Board shall distribute the
plans to those agencies required by law to review and/or approve development
plans and to all other Town agencies which normally review development plans.
The failure of a Town agency to submit a report to the Planning Board shall not
extend the time for review and action by the Board.
(2)The technical advisers to the Board shall review the complete application for technical
compliance and shall convey comments directly to the applicant's advisers in
advance of the public hearing so that at the time of the public hearing the
applicant will have had sufficient opportunity to resolve any technical problems
associated with the submission. Daytime meetings shall be held at the request of
Draft PRD & PRD-P Ordinance – May 5, 2010
Page 1
the applicant between the Town's advisers and/or technical coordinating
committee and the applicant's advisers for this purpose.
(3)The Planning Board shall hold a public hearing in accordance with N.J.S.A. 40:55D46.1 on the application. The Planning Board shall take action on the application
within 60 days from the date of submission of a complete application for
preliminary or for simultaneous preliminary and final approval. If a subsequent
final approval is sought, action on the final plan shall be taken by the Board
within 30 days of the date a complete application is submitted.
(4)The applicant is encouraged to submit a concept plan for informal review by the Board
pursuant to N.J.S.A. 40:55D-10.1 prior to the preparation of a preliminary
development plan.
(5)The development plans submitted shall contain the information required in 88-41D
and E except that the applicant shall be exempted from any requirements of 8841D(23).
COMMENT – Since the adoption of the ordinance, these requirements have been incorporated into part
of the general code, pursuant to the Municipal Land Use Law (MLUL), and therefore are not needed.
C.B.
Permitted uses. Permitted uses shall be as follows:
(1)
D.C.
Principal uses.
(a)
Single-family dwellings in the single-family residential development area
of the PRD.
(b)
Multifamily dwellings and townhouses in the multifamily residential
development areas of the PRD-P and PRD.
(c)
Two-family dwellings, including both side-by-side-style and duplex-style
(one over another) dwellings, in the multifamily residential development
areas of the PRD-P and PRD.
(d)
Public or private parks and playgrounds.
(e)
Public or private recreation buildings and facilities.
(f)
Public utilities.
(g)
Accessory uses and structures.
(h)
Garages and off-street parking facilities.
(i)
Storage and maintenance buildings.
(j)
Customary accessory structures approved as part of the site plan for the
development, including fences, walls, lampposts, trellises and the like.
(k)
Signs in accordance with 88-64 of this chapter.
Tract area, development areas, density and bulk requirements.
(1)
Tract area.
Draft PRD & PRD-P Ordinance – May 5, 2010
Page 2
(2)
(a)
A PRD-P shall contain a minimum of 15 acres.
(b)
A PRD shall contain a minimum of 25 acres.
Development areas.
(a)
The PRD shall be divided into a single-family residential development
area and a multifamily residential development area. The single-family
residential development area shall be that area located along, and having
a minimum length of 250 feet from, any common boundary with a
single-family residential zone in the Town of Clinton.
(b)
The PRD-P shall be divided into a multifamily residential development
area and an open space area. The multifamily area shall be the entire
portion of the tract located south of Village Road and north of Route 78
and shall include the right-of-way of Village Road. The open space area
shall be that portion of the tract lying north of Village Road which shall
only be developed for active and passive recreation and which may
include parking for park users and stormwater management facilities for
the multifamily areas. These two lots shall be considered one tract for the
purposes of lot area, open space and density calculations.
COMMENT – This change provides additional clarity.
(3)
Density.
(a)
Within the PRD, the gross density shall not exceed 7.2 dwelling units per
acre. The net density shall be up to three dwelling units per acre for the
single-family residential area and up to 10 dwelling units per acre for the
multifamily residential area with such net densities computed as
averages for the entire single-family residential development area or
multifamily residential development area.
(b)
Within the PRD-P, the gross density shall not exceed 2.863.53 dwelling
units per acre where affordable rental units are provided and shall not
exceed 2.00 dwelling units per acre where affordable sale units are
provided. The net density in the entire multifamily residential area shall
not exceed 48 61 units where affordable rental units are provided or 34
units where affordable sale units are required. in the entire multifamily
residential area.
COMMENT – This is consistent with the current proposal and the Town’s Housing Element.
(4)
Bulk requirements, multifamily residential development areas.
(a)
Minimum distances.
[1]
There shall be the following minimum distances between
buildings in the multifamily residential development areas of a
PUD or PRD:
Draft PRD & PRD-P Ordinance – May 5, 2010
Page 3
Type of Structure
Minimum Distance
(feet)
Windowless wall to windowless wall
20
Window wall to windowless wall
20
Window wall to window wall
Front to front
Building height of up to 30 feet
50
Building height of 30 feet or more
75
Rear to rear
50
End to end
30
Any building face to local street curbface or edge
of pavement
30
Any building face to collector street curbface or
edge of pavement
40
Any building face to arterial street curbface or
edge of pavement
50
Any building face except garage face to common
parking area
12
Garage face to common parking area
5
[2]
The Planning Board shall reduce the above distances by not
more than 1/3 if there is an angle of 20 degrees or more between
buildings and if extensive landscaping or buffers are placed
between buildings.
(b)
Coverage. The maximum coverage by buildings, in the multifamily
residential development, areas shall not exceed 30%. The maximum
coverage by all impervious surfaces, including buildings, shall not exceed
60%.
(c)
Buffer areas. No building, driveway or parking area shall be located
within 30 feet of any tract boundary line, except that in the PRD-P
District, buildings may be located within 20 feet and parking areas may
be located within 15 feet of the tract boundary line adjacent to Route 78 or
Draft PRD & PRD-P Ordinance – May 5, 2010
Page 4
the driveway in Union Gap Village, provided that adequate buffer and
noise control can be provided in the reduced space.
(5)
(d)
Building height. No building shall exceed three stories in height, nor
shall any building exceed 40 feet in height.
(e)
Minimum floor area for individual multifamily units:
Number of bedrooms
Area (square feet)
1
550
2
660
3
850
Bulk requirements, single-family residential development area.
(a)
Lot area. No individual lot shall contain less than 7,500 square feet nor
have a lot width of less than 75 feet.
(b)
Building setbacks.
[1]
Building setbacks shall be as follows:
Yards
Setback
Front yard
30
Rear yard
40
Side yards
[2]
E.D.
Minimum on 1 side
10
Combined
25
Where individual lots are not being subdivided, yards shall be
created for each building such that a subdivision could occur and
all lots and buildings would conform to the area and setback
requirements set forth herein.
Parking requirements.
(1)Residential uses.
(a)(1)
Parking shall be provided for all residential uses per the Residential Site
Improvement Standards (RSIS) if applicable, or as follows: .
Type of Use
Draft PRD & PRD-P Ordinance – May 5, 2010
Number of Spaces
Page 5
Dwelling units with 1 bedroom or
fewer
1.5
All other dwelling units
2.0
COMMENT – These requirements have been superseded by the Residential Site Improvement
Standards (RSIS).
F.E.
(b)(2)
Parking spaces in common parking areas in the multifamily residential
development area shall be located within 300 feet of the dwelling unit served.
(c)(3)
All required parking for multifamily dwelling units shall be provided off-street,
except that nothing herein shall be construed to prohibit required parking spaces
from being placed perpendicular to a one- or two-way local street or at an angle
on a one-way local street, provided that both the pavement width of the street and
the length of each parking space meet the requirements set forth in this chapter.
(d)(4)
No arterial or collector street shall provide direct access to an individual required
parking space.
Affordable housing requirements.
(1)
All developments in the PRD and PRD-P Zones shall be required to provide
housing affordable to lower-income householdsaffordable housing.
(2)
The total number of affordable units in the PRD Zone. shall be 44 to be
constructed onsite. The total number of affordable units in the PRD-P Zone shall
be 10, to be provided by a contribution in lieu of construction, based on Council
of Affordable Housing standards (COAH) in effect at the time of approval. (Note:
currently the standard is $20,000 per unit.)
(1)(3)
Development in the PRD-P shall provide a minimum of a twenty percent (20%)
affordable housing set-aside.
COMMENT – This is consistent with COAH’s rules and the Town’s Housing Element.
(2)(4)
All affordable units must comply with Council on Affordable Housing
regulations (N.J.A.C. 5:97, or as may be amended) and Uniform Housing
Affordability Control rules (N.J.A.C. 5:80-26.1, or as may be amended), including,
but not limited to, phasing, bedroom distribution and income distribution.
(2)New affordable units shall be equally divided between low- and moderate-income
households as per N.J.A.C. 5:93-2.20. Except for inclusionary developments
constructed pursuant to low-income tax credits, at least half of all such units shall
be affordable to low-income households; and at least half of all such rental units
shall be affordable to low-income households; and at least one third of all such
units in each bedroom distribution pursuant to N.J.A.C. 5:93.7.3 shall be
affordable to low-income households.
Draft PRD & PRD-P Ordinance – May 5, 2010
Page 6
(3)Bedroom mix. Where units are not restricted to senior citizens, the bedroom mix shall
be as follows:
(a)The combination of efficiency and one-bedroom units shall be at least 10% and
no more than 20% of the total low- and moderate-income units; and
(b)At least 30% of all low- and moderate-income units are two bedrooms; and
(c)At least 20% of all low- and moderate-income units are three bedrooms; and
(d)Low- and moderate-income units restricted to senior citizens may use a
modified bedroom mix, provided that, at minimum,. the number of
bedrooms equals the number of restricted units within the development.
(4)Rental and sale prices. The following criteria shall be used in determining maximum
rents and sale prices:
(a)Efficiency units will be affordable to one-person households; and
(b)One-bedroom units will be affordable to 1.5-person households; and
(c)Two-bedroom units will be affordable to three-person households; and
(d)Three-bedroom units will be affordable to 4.5-person households; and
(e)Median income by household shall be established annually by COAH per
N.J.A.C. 5:93-7.4(b); and
(f)The maximum average rent and price of low- and moderate-income units
within each development will be affordable to households earning 57.5%
of median income; and
(g)Moderate-income sales units shall be available for at least three different prices
and low-income sales units shall be available for at least two different
prices; and
(h)Low-income units shall 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 shall 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. 5:93-9.16; and
(i)The sale price of affordable housing units may be increased annually based on
the percentage increase in the regional median income for the housing
region. In no case shall the maximum resale price of a unit be less than
the last recorded purchase price.
(j)With the exception of rentals constructed pursuant to low-income tax credit
regulations, the rent of an affordable unit may be increased annually
based on the percentage increase in the Housing Consumer Price Index
for the United States, not to exceed 9% in any one year. Rents for units
constructed pursuant to low-income tax credit regulations shall be
indexed pursuant to the regulations governing low income tax credits.
(5)For rental units:
Draft PRD & PRD-P Ordinance – May 5, 2010
Page 7
(a)The rental authority may 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 tenant-paid utilities, shall be
established so as not to exceed 30% of the gross monthly income of the
appropriate household size as detailed in Subsection F(4) above. The
tenant-paid allowance will be consistent with the utility allowance
approved by the Department of Housing and Urban Development
(HUD) for use in New Jersey,
(6)For sale units:
(a)The initial price of a low or moderate income owner-occupied single-family
housing unit shall 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- or moderateincome unit, and condominium or homeowner fees do not exceed 28%
of the eligible gross monthly income; and
(b)Master deeds of these developments shall regulate condominium or
hmeowner association fees or special assessments of low- and moderateincome purchasers at 50% of those paid by market. This 50% is
consistent with the requirements of N.J.A.C. 5:93-7.4(e). Once
established within the master Deed, the 50% shall not be amended
without prior approval from COAH; and [Amended 11-20-2001 by Ord.
No. 01-10]
(c)No new low- or moderate-income unit shall be occupied until the Town issues
a certificate of occupancy, unless there is a determination by the
Affordable Housing Board that the unit is controlled by a deed restriction
and mortgage lien approved by COAH, in accordance with the general
provisions of N.J.A.C. 5:93-9.3: and
(d)The Town shall 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 (d); and
(e)The mortgage lien and deed restriction shall be filed with the records office of
Hunterdon County, shall be in a form approved by COAH and shall have
priority over all mortgages on the property except for a first mortgage;
and
(f)Municipal, state, non-profit and seller options regarding resale of units shall be
consistent with N.J.A.C. 5:93-9.4- 9.8. Municipal rejection of repayment
options for sale units shall be consistent with N.J.A.C. 5:93-9.9; and
(g)The continued application of options to create, rehabilitate or maintain low
and moderate-income sale units shall be consistent with N.J.A.C. 5:939.10; and
(h)Eligible capital improvements prior to the expiration of controls on sales units
shall be consistent with N.J.A.C. 5:93-9.1 l; and
Draft PRD & PRD-P Ordinance – May 5, 2010
Page 8
(i)The regulations relating to municipal subsidies and foreclosure detailed in
N.J.A.C. 5:93-9.12-9.14 shall be applicable to low- and moderate-income
units that are for sale units.
(7)Construction schedule. Low- and moderate-income units shall be constructed in
accordance with N.J.A.C. 5:93-5.6(d) as shown below:
Minimum
Low/Moderate
Completed
Percentage
Income
of
Units
Percentage
Completed
0
25
10
25 plus 1
50
80
75
75
100
90
of
Market
Housing
100
(8)(5)
Site design. Within the PRD district, Tto the extent possible, the design of the
development should integrate low and moderate-income units with the market
units. Within the PRD-P district, the design of the development shall integrate
low and moderate-income units with the market units. The affordable 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 elements within the development.
(9)Continued affordability. To ensure that low- and moderate-income units will remain
affordable over time and that they are occupied by qualified households, the
Town has established the Affordable Housing Board under Article X of this
chapter, which is charged with the responsibility of administering the Town's
affordable housing program, as detailed in 88-71 C below and N.J.A.C. 5:93-9.1
(a) P and (b).
(10)Length of affordability. Newly constructed low- and moderate-income units, whether
sale or rental, shall remain affordable for at least 30 years. The Affordable
Housing Board shall ensure that the appropriate deed restrictions, mortgage
liens, and/or deeds of easement, as per N.J.A.C. 5:93 Technical Appendix E or H,
are applied to these units to ensure their continued affordability. [Added 11-202001 by Ord. No. 01-10]
COMMENT – These affordable housing requirements are in conflict with COAH’s rules and/or are
regulated by COAH or elsewhere in the Town’s ordinances.
Draft PRD & PRD-P Ordinance – May 5, 2010
Page 9
G.F.
H.G.
Common open space and common elements.
(1)
A minimum of 20% of the land in the multifamily residential area in a PRD
shall, be designated as conservation area, open space, recreation and/or other
common open space. A minimum of 60% of the land in a PRD-P shall be open
space, including all of the land north of Village Road. The common open space
area shall exclude private patios and any area located between a building and
street or common parking area.
(2)
All property owners and tenants in the development shall have the right to use
the common open space and any recreational facilities located on the site.
(3)
Common open space may be deeded to the Town, if accepted by the Mayor and
Council.
(4)
All common open space not accepted by the Town and all common elements in
the development shall be deeded to an open space organization established to
own and maintain the common elements as provided in N.J.S.A. 40:55D-43. The
open space organization documents shall be submitted to the Town Attorney for
review and approval.
Engineering and construction design standards, single- and multifamily residential
development areas only. Where applicable, design standards shall comply with the RSIS.
The following standards shall apply where the RSIS do not.
(1)
Drainage.
(a)
The drainage system shall be a combination of structural and
nonstructural measures of controlling surface runoff.
[1]Structural measures (pipes, inlets, headwalls, etc.) shall be used in the
following locations:
[a]At all low points in roadways and driveways.
[b]At all intersections.
[c]At all locations where vehicular or pedestrian paths cross
drainageways.
[d]At all locations where water may be trapped by snow or
freezing conditions and create danger for pedestrians or
vehicles.
[e]At all locations where water will be conducted within 15 feet of
a building.
[2]All other areas may be drained through the use of structural or
nonstructural measures, as appropriate.
(b)
The system shall be adequate to carry off the stormwater and natural
drainage water which originates not only within the lot or tract
boundaries but also that which originates beyond the lot or tract
boundaries in the current state of development. No stormwater runoff or
Draft PRD & PRD-P Ordinance – May 5, 2010
Page 10
natural drainage water shall be so diverted as to overload- existing
drainage systems or create flooding or the need for additional drainage
structures on other private properties or public lands without proper and
approved provisions being made for taking care of these conditions.
(c)The following standards shall be used in computing the volume of runoff:
[1]Collection systems. Rational method or an alternative method
approved by the Town Engineer shall be used. The following
shall be used for the various parameters of the rational formula:
Q.= ACI
Where
Q.is the quantity of water in cubic feet per second (cfs) to be
used for design.
A.is the drainage area in acres.
C.is the runoff coefficient which shall be determined from the
graph entitled Rainfall Intensity Duration for Essex and Union
Counties. The time of concentration (t) shall be determined by
overland flow methods or gutter flow methods contained in
ACE Manual No. 37, latest edition, as appropriate, but need
not be less than 15 minutes.
[2]Detention systems. All detention systems shall be designed in
accordance with the requirements of N.J.A.C. 7:8-3.9.
(d)All storm drainage facilities shall be designed in accordance with the
following:
[1]Storm frequency.
Type of Facility
Frequency of Storm (years)
Collection systems
15
Culverts
25
Detention systems
Flood
and
control
Water quality
Draft PRD & PRD-P Ordinance – May 5, 2010
erosion
2, 10 and 100
1 or 1.25 inches of rain in 2
hours
Page 11
Emergency spillway
100
[2]Velocity of storm. Velocity shall be determined by the Manning
Equation with "n" as set forth in ACE Manual No. 37, latest
edition. The velocity shall be restricted to the following
maximums or minimums:
[3]
Type of Facility
Velocity
Pipes and culverts
Minimum velocity of 3 feet
per second when flowing ¼
full
Open channels and swales
Maximum velocity as set forth
in ACE Manual No. 37, latest
edition
Structural considerations.
[a]
Pipes and culverts. All pipes and culverts beneath
pavements or walkways shall be of reinforced concrete.
At all other locations, other pipe materials may be used
provided that such materials can be demonstrated to be
structurally adequate by the methods set forth in ACE
Manual No. 37, latest edition.
[b]
Swales and channels. All swales and channels shall have
adequate lining to prevent erosion and shall be of
parabolic or trapezoidal section. Trapezoidal sections
shall be such that the side slopes shall be no steeper than
three horizontal to one vertical and shall have a flat
bottom a minimum of two feet wide.
(e)
All materials used in the construction of storm sewers, bridges, open
channels and swales and other drainage structures shall be in accordance
with the specifications set forth in the New Jersey Department of
Transportation's Standard Specifications for Road and Bridge
Construction, 1983, as amended, supplemented or revised.
(f)(c)
Lots and buildings shall be graded to secure proper drainage away from
buildings. Additionally, drainage shall be provided in a manner which
will prevent the collection of stormwater in pools or other unauthorized
concentrations of flow.
(g)(d)
Approval of drainage structures shall be obtained from the appropriate
Town, county, state and federal agencies and offices.
(e)
Where required by the Town, and as indicated on an approved
development plan, a drainage right-of-way easement shall be provided to
Draft PRD & PRD-P Ordinance – May 5, 2010
Page 12
the Town where a tract or lot is traversed by a system, channel or stream.
The drainage right-of-way easement shall follow the lines of such
watercourse and be of sufficient width and alignment to encompass the
area of the water course and adjoining floodplain area. The drainage
right-of-way easement shall conform substantially with the lines of such
watercourse and, in any event, shall meet any minimum widths and
locations as shown on the Official Map and/or Master Plan.
(h)
All references herein to ACE Manual No. 37, latest edition, shall mean
American Society of Civil Engineers Manual on Engineering Practice No.
37. entitled "Design and Construction of Sanitary and Storm Sewers,"
latest edition.
(f)
All developments shall further comply with the Floodplain Ordinance of
the Town of Clinton, as amended and supplemented," and all applicable
state and federal regulations.
COMMENT – These sections are regulated by the State or elsewhere in the Town’s ordinances.
(2)a.
Lighting.
(a)i. Streetlighting shall be provided at all street intersections and
along all collector and local streets, parking areas and
anywhere else deemed necessary for safety reasons.
(b)ii. Any outdoor lighting such as building and sidewalk
illumination, driveways with no adjacent parking, the
lighting of signs, and ornamental lighting, shall be shown on
the lighting plan in sufficient detail to allow a determination
of the effects upon adjacent properties, roads and traffic
safety from glare, reflection and overhead sky glow in order
to recommend steps needed to minimize these impacts.
iii. The average intensity of lighting permitted on roadways shall
be as follows: 0.2 footcandle along local streets, 2.0
footcandles at local street intersections, 0.4 footcandle along
collector streets and 3.0 footcandles at any intersection
involving a collector street.
iv. Parking lot lighting levels shall not exceed 1.0 footcandles.
v. Lighting levels at the tract boundary shall not exceed 0.1
footcandles.
iii.vi. Light fixtures shall include full cutoff luminaries and metal
halide lights.
COMMENT – These amendments will improve the lighting in the development and will reduce light
pollution.
Draft PRD & PRD-P Ordinance – May 5, 2010
Page 13
(3)b.
Sanitary sewers. The developer shall design and construct
sewage collection facilities in accordance with applicable
requirements and in such a manner as to make adequate sewage
treatment available to each lot and building within the development
from said treatment and collection system. The developer shall
provide the Planning Board with a copy of the agreement with the
sewer department.
(4)c.
Streets.
(a)i. All developments shall be served by paved streets in
accordance with the approved subdivision and/or site plan,
and all such streets shall have adequate drainage.
(b)ii. Local streets shall be planned so as to discourage through
traffic.
(c)All streets within the development shall be designed in
accordance with New Jersey Department of Transportation's
Standard Specifications for Road and Bridge Construction,
1983, as amended, together with the construction standards
of the Town of Clinton, on file with the Town Engineer and
Town Public Works/Business Administrator, and the
Schedule of Street Design."
(d)Intersections.
[1]Intersections shall be designed in accordance with the
following criteria:
Criteria
Dimensions
Approach speed (miles per hour)
25
Clear sight distance (length along center line
of each approach leg) (feet)
90
Vertical alignment within 50 feet
intersecting curbline or pavement edge
of
Maximum (percent)
3.0
Minimum (percent)
0.5
Angle of intersection (degrees)
Minimum
75
Preferred
90
Draft PRD & PRD-P Ordinance – May 5, 2010
Page 14
Minimum curb cut radius
Local – local
25
Local – collector
25
Collector – arterial
30
Minimum centerline
intersection (feet)
offset
of
adjacent
Local – local
125
Local – collector
150
Collector – collector
200
Minimum tangent
intersection (feet)
length
approaching
50
[2]All intersections shall be curbed. If the street is not
curbed (local street), then curbing within the
intersection shall be offset one foot outside the edge
of pavement of the approaches, and curbing shall
extend 10 feet beyond the point of curvature of the
curb return. The pavement width at the intersection
shall be a minimum of 28 feet between curbs or the
width of the street, if greater; where an approaching
street has a pavement width narrower than 28 feet, a
pavement transition of 25 feet in length shall be
provided from the wider pavement at the
intersection to the narrower pavement beyond the
end of the curb.
(e)Pavement specifications shall be as follows:
Class of Street
Surface Course
Base Course
Subbase
Local
2-inch
bituminous
concrete
surface,
course, Mix I-5
4 inch bituminous
stabilized base course,
Mix I-2
Type 5, Class A soil
aggregate,
if
and
where required
Collector
2-inch
bituminous
concrete
surface,
course, Mix I-5
4 inch bituminous
stabilized base course,
Mix I-2
Type 5, Class A soil
aggregate,
if
and
where required
COMMENT – These items are now regulated by the State or elsewhere in the Town’s ordinances.
Draft PRD & PRD-P Ordinance – May 5, 2010
Page 15
Sight triangles. Sight triangle easements shall be dedicated to the
(5)d.
Town. No grading, planting or structure shall be erected or
maintained more than 24-inches or less than 120 inches above the
center-line grade of the intersecting street so that an unobstructed
view of the street is maintained. Traffic control devices and other
man-made or natural objects may remain within the sight triangle if
it can be demonstrated that they do not obstruct the view of
oncoming traffic.
(6)e. Sidewalks. Sidewalks shall be installed in locations determined
by the Board to be in the interest of public safety and proper
pedestrian circulationalong one or more sides of all public streets
and interior drives. Sidewalks need not follow all streets and in some
instances may better follow open space corridors. The determination
of whether sidewalks are needed and where they are best located
shall be based on public safety considering the intensity of
development the probable volume of pedestrian traffic, the adjoining
street classification (where sidewalks parallel streets), access to
school bus stops, recreation areas and the general type of
improvement intended.
(7)f. Water supply.
(a)i. Water mains shall be constructed in such a manner as to
make adequate water service available to each lot and
building within the development. The system shall be
designed and constructed in accordance with applicable
requirements. Prior to the grant of the preliminary approval,
the applicant shall provide the Board with a copy of a letter
from the water company indicating that the project will be
serviced with public water.
(b)ii. Fire hydrants of a type and,, number and in locations shall
be approved by the Public Works/Business Administrator
with the advice of the chief of the Clinton Fire Company, and
shall be installed by the developer.
I.(g)
Multifamily residential development area requirements.
(1)a.No building or group of attached buildings shall contain more than
24 dwelling units.
(2)b.
No building shall exceed a length of 220 feet.
(3)c.
Each dwelling unit shall have at least two exterior exposures with
at least one window in each exposure; alternatively, each dwelling
unit shall be designed in conformance with the Uniform
Construction Code such that either 8% of the floor area of all
Draft PRD & PRD-P Ordinance – May 5, 2010
Page 16
habitable rooms shall be in windows or the maximum depth of the
unit shall not exceed 22 feet.
(4)d. No room within a dwelling unit intended for human habitation
shall be located in a cellar, basement or attic, except that a cellar or
basement may contain a family room or recreation room.
(5)e.
Accessory buildings shall meet the property line setbacks of the
principal buildings.
The maximum height of an accessory building shall be 16 feet.
(6)f.
Recreational buildings and facilities shall be governed by the height
limitations for principal buildings.
Garages may be built into the principal structure or separately
(7)g.
constructed as hereinafter provided. Each garage space shall be at
least 10 feet in width and 20 feet in depth. Each group of attached
garages shall have a joint capacity of not more than 12 automobiles
arranged in a row, and there shall be a minimum distance of 10 feet
between structures.
(8)Exterior television antennas shall be limited to one master antenna per
building.
(9)h. Laundry facilities may be provided in each building. Outside
clothes drying is prohibited.
(10)i. One or more completely enclosed but unroofed structure for the
collection and storage of solid waste and recycling shall be provided.
The system of collecting and storing solid waste shall be approved by
the Board of Health. No garbage or other refuse shall be stored or
collected except in such approved structures.
(11)j.
In addition to any storage area contained within the dwelling
unit, a minimum of 150 cubic feet of storage space shall be provided
for each dwelling unit, which storage area shall be convenient to and
accessible from the outside of the -building for purposes of storing
bicycles, perambulators and similar outside equipment.
(12)k. Screening and fencing shall be provided as needed to shield
parking areas and other common facilities from the view of adjoining
properties and streets.
l.
Provisions shall be made for the preservation of existing trees and
natural features to the extent possible.
m. All disturbed areas shall be landscaped. Landscaping shall be
provided as follows:
(a)i. Shade trees shall be planted along all public and private
streets, drives and in common parking areas. Such trees
shall be 1 1/2 to two inches 2 ½ to 3 inches in caliper at time
of planting and shall be planted a minimum of 50 30 feet on
Draft PRD & PRD-P Ordinance – May 5, 2010
Page 17
center along both sides of all streets and common parking
areas. The Planning Board shall approve the choice of
plantings and, in so doing, may rely upon the
recommendations of the Shade Tree Commission.
ii. Trees shall be planted between the sidewalk and the cartway
of all public streets. Such trees shall comply with the
planting standards above.
(b)iii. Common areas and yards shall be planted with: one conifer,
six to eight feet high at time of planting, for each dwelling
unit: one deciduous tree, 2 ½ to 3 inches 1 1/2 to two inches
in caliper, for each two dwelling units: and 10 shrubs, 15 to
1824 to 30 inches high at time of planting, for each dwelling
unit.
(c)iv. Buffer areas shall be left in a natural state wherever they are
outside the limits of disturbance; otherwise, buffer areas
shall be planted with conifers, six seven to eight feet high at
time of planting, eight ten feet on center.
(d)v. All plantings shall be of nursery stock, balled and burlapped,
and shall be healthy and free of disease.
COMMENT – These changes will improve the planting plan and other aspects of the development.
2.
Inconsistency. All ordinances or parts of ordinances inconsistent with this Ordinance
are hereby repealed to the extent of such inconsistency.
3.
Severability. The various parts, sections and clauses of this Ordinance are hereby
declared to be severable. If any part, section, paragraph, sentence or clause is
adjudged to be unconstitutional or invalid by a court of competent jurisdiction, the
remainder of the Ordinance shall not be affected thereby.
4.
Effective Date. This ordinance shall take effect immediately upon final passage and
publication thereof according to law.
W:\5000's\Town of Clinton\5630.ZO Ordinance\2008 PRD-P District\100507 PRD-P Draft.doc
Draft PRD & PRD-P Ordinance – May 5, 2010
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Appendix I.
Twin Ponds Approving Documentation
Appendix J.
Draft Accessory Apartment Ordinance
Ordinance ___
Draft Ordinance Creating the Accessory Apartment Program
Town of Clinton, Hunterdon County, New Jersey
Accessory Apartments.
1.
Accessory apartments shall be permitted on all single-family detached and attached residential lots.
2. The Town shall provide a subsidy of $20,000 to each property owner creating a moderate income
accessory apartment and $25,000 to each property owner creating a low income accessory apartment.
Said subsidy shall be provided within 60 days of the date which the certificate of occupancy for the
accessory apartment is issued and the deed restriction is in place.
3.
Each accessory apartment unit shall be for rent.
4. Each accessory apartment shall, for a period of at least 10 years, be rented only for such rents as shall
be affordable to individuals and families of low or moderate income, consistent with COAH’s
substantive rules (N.J.A.C. 5:97) and the Uniform Housing Affordability Control Rules (N.J.A.C. 5:8026).
5.
There shall be a recorded deed or declaration of covenants and restrictions applying to each accessory
apartment, running with the land, consistent with COAH’s substantive rules (N.J.A.C. 5:97) and the
Uniform Housing Affordability Control Rules (N.J.A.C. 5:80-26).
6. The accessory apartment may be located in and part of the principal dwelling, or in a garage, carriage
house, barn or other accessory building.
7. No accessory apartment shall receive Board approval or zoning permit unless the property owner
demonstrates that an adequate potable water supply is available.
8. There shall be no more than two accessory apartments per single-family dwelling on each lot.
9. The accessory apartment shall be in full compliance with all applicable health and construction codes
prior to occupancy.
10. Each 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.
11. Each accessory apartment shall have a private entrance with direct access to the outdoors.
12. In the case of an accessory apartment created illegally or without proper permits which the property
owner desires to legitimize as an accessory apartment under this chapter, all of the requirements of
this chapter in addition to meeting COAH criteria shall apply.
13. The accessory apartment shall be affirmatively marketed to the housing region, consistent with
COAH’s substantive rules (N.J.A.C. 5:97) and the Uniform Housing Affordability Control Rules
(N.J.A.C. 5:80-26)..
14. Adequate parking for the accessory apartment shall be provided in a manner which shall be
compatible with the established neighborhood character.
April 2010 Draft
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Appendix K.
Draft Affordable Housing Ordinance
Ordinance ___
Draft Affordable Housing Ordinance
Town of Clinton, Hunterdon County, New Jersey
WHEREAS, the Town finds that the affordable housing regulations must be revised to be consistent with
applicable regulations by the Council on Affordable Housing (N.J.A.C. 5:97) and the Uniform Housing
Affordability Control Rules (N.J.A.C. 5:80-26);
BE IT ORDAINED by the Mayor and Governing Body of the Town of Clinton, in the County of
Hunterdon, State of New Jersey, that the Land Development Ordinance of the Town of Clinton be
amended as follows:
SECTION ____ AFFORDABLE HOUSING PROCEDURAL REQUIREMENTS
A.
Intent
This section of the Town Code sets forth regulations regarding the low and moderate income housing
units in the Town consistent with the provisions of the Substantive Rules of the New Jersey Council on
Affordable Housing, N.J.A.C. 5:97 et seq., the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1
et seq. and the Town's constitutional obligation to provide a fair share of affordable housing for low and
moderate income households. 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 except where
inconsistent with applicable law.
B.
Proportion of Low and Moderate Income Units by Sale, Rental and by Number of Bedrooms
Except for affordable housing developments constructed pursuant to low income tax credit regulations:
1.
At least half of the "for sale" affordable units within each affordable housing development shall
be affordable to low income households.
2.
At least half of the "rental" affordable units within each affordable housing development shall be
affordable to low income households.
3.
At least half of the affordable units in each bedroom distribution within each affordable housing
development shall be affordable to low income households.
C.
Bedroom Distribution of Affordable Units
1.
Affordable housing developments which are not limited to age-restricted households shall be
structured in conjunction with realistic market demands so that:
April 2010 Draft
Page 1
a.
The combination of efficiency and one-bedroom units is no greater than 20 percent of
the total number of affordable units;
b.
At least 30 percent of all affordable units shall be two-bedroom units.
c.
At least 20 percent of all affordable units shall be three-bedroom units.
2.
Affordable housing developments that are limited to age-restricted households shall at a
minimum have a total number of bedrooms equal to the number of age-restricted affordable
units within the affordable housing development. The standard may be met by creating all onebedroom units or by creating a two-bedroom unit for each efficiency unit.
D.
Establishing Median Income by Household Size
1.
Median income by household size shall be established using a regional weighted average of the
uncapped Section 8 income limits published by HUD computed as set forth in N.J.A.C. 5:97.
E.
Establishment of Rents and Prices of Units as Related to Household Size and Number of Units
1.
In conjunction with realistic market information the following shall be used to determine
maximum rents and sales prices of the affordable units:
2.
3.
a.
Efficiency units shall be affordable to one-person households.
b.
A one-bedroom unit shall be affordable to a one- and one-half person household.
c.
A two-bedroom unit shall be affordable to a three-person household.
d.
A three-bedroom unit shall be affordable to a four- and one-half person household.
e.
A four-bedroom unit shall be affordable to a six-person household.
For assisted living facilities the following standards shall be used:
a.
A studio shall be affordable to a one-person household.
b.
A one-bedroom unit shall be affordable to a one- and one-half person household.
c.
A two-bedroom unit shall be affordable to a two-person household or to two, one-person
households.
In referring certified households to specific restricted units, to the extent feasible, and without
causing an undue delay in occupying the unit, the administrative agent shall strive to:
a.
April 2010 Draft
provide an occupant for each unit bedroom;
Page 2
b.
provide children of different sex with separate bedrooms; and
c.
prevent more than two persons from occupying a single bedroom.
F.
Establishing Average Rents of Affordable Units
1.
The maximum rent of affordable units within each affordable housing development shall be
affordable to households earning no more than 60 percent of median income. The average rent
for low and moderate income units shall be affordable to households earning no more than 52
percent of median income. Restricted rental units shall establish at least one rent for each
bedroom type for all low and moderate income units provided at least 10 percent of all low and
moderate income units are affordable to households earning no more that 35 percent of median
income.
2.
Low and moderate income units shall utilize the same heating source as market units within an
inclusionary development.
3.
Gross rents including an allowance for utilities shall be established for the various size affordable
units at a rate not to exceed 30 percent of the gross monthly income of the appropriate household
size. The allowance for utilities shall be consistent with the utility allowance approved by NJDCA
for use in its Section 8 Program.
4.
No affordable rental units included in the COAH requirement shall be subject to a rent control
ordinance which may be adopted or in place in the Town of Clinton during the time period in
which affordable housing COAH controls are effective.
G.
Establishing Average Sales Prices of Affordable Units
1.
The maximum sales price of restricted ownership units within each affordable development shall
be affordable to households earning no more than 70 percent of median income. Each affordable
development must achieve an affordability average of 55 percent for restricted ownership units.
Moderate income ownership units must be available for at least three different prices for each
bedroom type and low income ownership units must be available for at least two different prices
for each bedroom type.
2.
Low and moderate income units shall utilize the same heating source as market units within an
inclusionary development.
3.
The initial purchase price for all restricted ownership units shall be calculated so that the
monthly carrying costs of the unit, including principal and interest (based on a mortgage loan
equal to 95 percent of the purchase price and the Federal Reserve H.15 rate of interest), taxes,
homeowner and private mortgage insurance and condominium or homeowner association fees
do not exceed 28 percent of the eligible monthly income of an appropriate household size as
determined under N.J.A.C. 5:80-26.4; provided, however, that the price shall be subject to the
affordability average requirement of N.J.A.C. 5:80-26.3.
April 2010 Draft
Page 3
H.
Affordable Housing Units: Condominium or Homeowners Association Fees.
1.
If an affordable housing unit is part of a condominium association or homeowner's association,
the Master Deed shall reflect that the assessed affordable homeowner's fee be established at one
hundred percent of the market rate fee. This percentage assessment shall be recorded in the
Master Deed.
I.
Reservation of Units
1.
Very low income housing units shall be reserved for households with a gross income equal to or
less than 30 percent of the median income approved by COAH.
2.
Low income housing units shall be reserved for households with a gross household income equal
to or less than 50percent of the median income approved by COAH.
3.
Moderate income housing units shall be reserved for households with a gross household income
in excess of 50percent but less than 80percent of the median income approved by COAH.
J.
Reoccupancy Certificates
1.
Upon resale of an affordable unit, a certificate of reoccupancy shall be required in accordance
with N.J.A.C. 5:80-26.10
K.
Phasing Of Construction
1.
Final site plan or subdivision approval shall be contingent upon the affordable housing
development meeting the following phasing schedule for low and moderate income units
whether developed in one stage or in two or more stages
Minimum Percentage of Low &
Percentage of Market
Moderate Income Units Completed
Housing Units Completed
0
25
10
25 + 1 unit
50
50
75
75
100
90
L.
Control Period for Affordable Housing
1.
Any conveyance of a newly constructed low or moderate income sales unit shall contain the
restrictive covenants and liens that are set forth in N.J.A.C. 5:80-26 et seq.
April 2010 Draft
Page 4
M.
Time Period For Controls
1.
Newly constructed low and moderate income "rental" units shall remain affordable to low and
moderate income households for a period of at least 30 years.
2.
Newly constructed low and moderate income "for sale" units shall remain affordable to low and
moderate income households for a period of at least 30 years.
3.
Rehabilitated owner-occupied single family housing units that are improved to code standard
shall be subject to affordability controls for 10 years.
4.
Rehabilitated renter-occupied housing units that are improved to code standard shall be subject
to affordability controls for at least 10 years.
5.
Housing units created through conversion of a non-residential structure shall be considered a
new housing unit and shall be subject to affordability controls for new housing units as
designated in items 1 and 2 above.
6.
Affordability controls for units in alternative living arrangements shall be for a period of 30 years.
7.
Market to affordable units shall remain affordable to low and moderate income households for a
period of at least 30 years.
8.
Extension of control units shall remain affordable to low and moderate income households for a
period of at least 30 years.
N.
Selection of Occupants of Affordable Units
1.
The administrative agent shall use a random selection process to select occupants of low- and
moderate-income housing.
2.
A waiting list of all eligible candidates will be maintained in accordance with the provisions
contained in N.J.A.C. 5:80-26 et seq.
O.
Adaptable and Accessible Units
1.
The first floor of all townhouse dwelling units and of all other multistory dwelling units which are
affordable to low or moderate households shall be subject to the technical design standards of the
Barrier Free Subcode (N.J.A.C. 5:23-7).
2.
Each affordable townhouse unit or other affordable multistory dwelling unit that is attached to at
least one other dwelling unit shall have the following features:
a.
An adaptable toilet and bathing facility on the first floor;
(1)
April 2010 Draft
An adaptable kitchen on the first floor;
Page 5
b.
An accessible route of travel;
(1)
An interior accessible route of travel shall not be required between stories.
c.
An adaptable room that can be used as a bedroom, with a door or the casing for the
installation of a door, on the first floor; and
d.
Accessible entranceways.
(1)
The developer shall provide an accessible entranceway as set forth at P.L.2005, c.
350(C.52:27D-311a et seq.) and the Barrier Free Subcode (N.J.A.C. 5:23-7) for
each affordable townhouse unit or other affordable multistory dwelling unit and
is attached to at least one other dwelling unit; or
(2)
The developer shall provide funds sufficient to make 10% of the adaptable
entrances in the development accessible as set forth at P.L.2005, c. 350(C.52:27D311a et seq.) and the Barrier Free Subcode (N.J.A.C. 5:23-7).
e.
The developer of the project shall submit a conversion plan indicating the steps necessary
to convert the unit from being adaptable to accessible. Said plan shall be submitted at the
time of issuance of a building permit.
f.
Where the developer will provide funds sufficient to make 10% of the adaptable entrances
in the development accessible, the developer of the project shall submit the following to
the Town, at the time of issuance of the building permit, in order to determine the
required funds:
g.
(1)
Funds sufficient to make 10% of the adaptable entrances in the development
accessible; and
(2)
A cost estimate for conversion of 10% of the adaptable entrances in the
development to accessible.
In the case of an affordable unit or units which are constructed with an adaptable
entrance, upon the request of a disabled person who is purchasing or will reside in the
dwelling unit, an accessible entrance shall be installed by the Town.
P.
Administration of Affordable Housing Program
1.
Clinton Town is ultimately responsible for administering the affordable housing program,
including affordability controls and the Affirmative Marketing Plan in accordance with the
regulations of the Council on Affordable Housing pursuant to N.J.A.C. 5:97 et seq. and the New
Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et seq.
April 2010 Draft
Page 6
2.
Clinton Town has delegated to the Municipal Housing Liaison, this responsibility for
administering the affordable housing program, including administering and enforcing the
affordability controls and the Affirmative Marketing Plan of Clinton Town in accordance with the
provisions of this sub-chapter, the regulations of the Council on Affordable Housing pursuant to
N.J.A.C. 5:97 et seq. and the New Jersey Uniform Housing Affordability Controls pursuant to
N.J.A.C. 5:80-26 et seq.
3.
Subject to COAH approval, Clinton Town may contract with one or more administrative agents to
administer some or all of the affordability controls and/or the Affirmative Marketing Plan in
accordance with this sub-chapter, the regulations of the Council on Affordable Housing pursuant
to N.J.A.C. 5:97 et seq. and the New Jersey Uniform Housing Affordability Controls pursuant to
N.J.A.C. 5:80-26 et seq. If Clinton Town enters into such a contract, the Municipal Housing
Liaison shall supervise the contracting administrative agent(s) and shall serve as liaison to the
contracting administrative agent(s).
4.
The Town of Clinton intends to contract with an administrative agent to administer the sale and
rental of all new affordable housing. The Municipal Housing Liaison will also oversee and
administer income qualification of low and moderate income households; place income eligible
households in low and moderate income units upon initial occupancy; place income eligible
households in low and moderate income units as they become available during the period of
affordability controls and enforce the terms of the required deed restrictions and mortgage loans.
The administrative agent will specifically administer and implement:
a.
An administrative plan and program, and related monitoring and reporting
requirements as outlined in N.J.A.C. 5:80-26.15 et seq. and N.J.A.C. 5:97.
b.
A plan for certifying and verifying the income of low and moderate income households
as per N.J.A.C. 5:80-26.16
c.
Procedures to assure that low and moderate income units are initially sold or rented to
eligible households and are thereafter similarly re-sold and re-rented during the period
while there are affordability controls as per N.J.A.C. 5:80-26 et seq.
d.
The requirement that all newly constructed low and moderate income sales or rental
units contain deed restrictions with appropriate mortgage liens as set forth in
Appendices in N.J.A.C. 5:80-26 et seq.
e.
The several sales/purchase options authorized under N.J.A.C. 5.80-26 et seq. except that
the Town retains the right to determine by resolution whether or not to prohibit, as
authorized under N.J.A.C.5:80-26 et seq., the exercise of the repayment option.
f.
The regulations determining 1) whether installed capital improvements will authorize an
increase in the maximum sales price; and 2) which items of property may be included in
the sales price as per N.J.A.C.5:80-26.9.
April 2010 Draft
Page 7
5.
The developers/owners of any inclusionary site shall be responsible for the administrative fee,
affirmative marketing and advertising and such shall be a condition of Planning or Zoning Board
approval.
6.
Clinton Town reserves the right to replace the administrative agent with another municipal
authority or other agency authorized by COAH to carry out the administrative processes outlined
above.
SECTION ____ AFFIRMATIVE MARKETING PROCEDURES
A.
Affirmative Marketing Plan
1.
Clinton Town shall adopt by resolution an Affirmative Marketing Plan, subject to approval of
COAH, compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented.
2.
The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or
renters of all majority and minority groups, regardless of race, creed, color, national origin,
ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or
number of children to housing units which are being marketed by a developer, sponsor or owner
of affordable housing. The affirmative marketing plan is also intended to target those potentially
eligible persons who are least likely to apply for affordable units in that region. It is a continuing
program that directs all marketing activities toward COAH Housing Region 3 and covers the
period of deed restriction.
3.
The Administrative Agent designated by the Clinton Town shall assure the affirmative marketing
of all affordable units consistent with the Affirmative Marketing Plan for the municipality.
4.
In implementing the affirmative marketing plan, the Administrative Agent shall provide a list of
counseling services to low- and moderate-income applicants on subjects such as budgeting, credit
issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
5.
The affirmative marketing process for available affordable units shall begin at least four months
prior to the expected date of occupancy.
6.
The costs of advertising and affirmative marketing of the affordable units shall be the
responsibility of the developer, sponsor or owner, unless otherwise determined or agreed to by
Clinton Town.
April 2010 Draft
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Appendix L.
Draft Development Fee Ordinance
Ordinance ___
Draft Development Fee Ordinance
Clinton Town, Hunterdon County, New Jersey
1.
2.
3.
Purpose
a)
In Holmdel Builder’s Association V. Holmdel Township, 121 N.J. 550 (1990), the New
Jersey Supreme Court determined that mandatory development fees are authorized by the
Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution,
subject to the Council on Affordable Housing’s (COAH’s) adoption of rules.
b)
Pursuant to P.L.2008, c.46 section 8 (C. 52:27D-329.2) and the Statewide Non-Residential
Development Fee Act (C. 40:55D-8.1 through 8.7), COAH is authorized to adopt and
promulgate regulations necessary for the establishment, implementation, review,
monitoring and enforcement of municipal affordable housing trust funds and
corresponding spending plans. Municipalities that are under the jurisdiction of the
Council or court of competent jurisdiction and have a COAH-approved spending plan
may retain fees collected from non-residential development.
c)
This ordinance establishes standards for the collection, maintenance, and expenditure of
development fees pursuant to COAH’s regulations and in accordance P.L.2008, c.46,
Sections 8 and 32-38. Fees collected pursuant to this ordinance shall be used for the sole
purpose of providing low- and moderate-income housing. This ordinance shall be
interpreted within the framework of COAH’s rules on development fees, codified at
N.J.A.C. 5:97-8.
Basic requirements
a)
This ordinance shall not be effective until approved by COAH pursuant to N.J.A.C. 5:965.1.
b)
Clinton Town shall not spend development fees until COAH has approved a plan for
spending such fees in conformance with N.J.A.C. 5:97-8.10 and N.J.A.C. 5:96-5.3.
Definitions
a) The following terms, as used in this ordinance, shall have the following meanings:
i.
“Affordable housing development” means a development included in the Housing Element
and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a
municipal construction project or a 100 percent affordable development.
ii.
“COAH” or the “Council” means the New Jersey Council on Affordable Housing established
under the Act which has primary jurisdiction for the administration of housing obligations in
accordance with sound regional planning consideration in the State.
April 2010 Draft
Page 1
iii. “Development fee” means money paid by a developer for the improvement of property as
permitted in N.J.A.C. 5:97-8.3.
iv. “Developer” means the legal or beneficial owner or owners of a lot or of any land proposed to
be included in a proposed development, including the holder of an option or contract to
purchase, or other person having an enforceable proprietary interest in such land.
v.
“Equalized assessed value” means the assessed value of a property divided by the current
average ratio of assessed to true value for the municipality in which the property is situated,
as determined in accordance with sections 1, 5, and 6 of P.L.1973, c.123 (C.54:1-35a through
C.54:1-35c).
vi. “Green building strategies” means those strategies that minimize the impact of development
on the environment, and enhance the health, safety and well-being of residents by producing
durable, low-maintenance, resource-efficient housing while making optimum use of existing
infrastructure and community services.
4.
Residential Development fees
a)
Imposed fees
i.
Residential developers, except for developers of the types of development specifically
exempted below, shall pay a fee of one and a half percent of the equalized assessed
value for residential development provided no increased density is permitted.
ii. When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as
a “d” variance) has been permitted, developers may be required to pay a development
fee of six percent of the equalized assessed value for each additional unit that may be
realized. However, if the zoning on a site has changed during the two-year period
preceding the filing of such a variance application, the base density for the purposes
of calculating the bonus development fee shall be the highest density permitted by
right during the two-year period preceding the filing of the variance application.
Example: If an approval allows four units to be constructed on a site that was zoned
for two units, the fees could equal one and a half percent of the equalized assessed
value on the first two units; and the specified higher percentage up to six percent of
the equalized assessed value for the two additional units, provided zoning on the site
has not changed during the two-year period preceding the filing of such a variance
application.
b)
Eligible exactions, ineligible exactions and exemptions for residential development
i.
April 2010 Draft
Affordable housing developments, developments where the developer is providing for
the construction of affordable units elsewhere in the municipality, and developments
Page 2
where the developer has made a payment in lieu of on-site construction of affordable
units shall be exempt from development fees.
ii. Developments that have received preliminary or final site plan approval prior to the
adoption of a municipal development fee ordinance shall be exempt from
development fees, unless the developer seeks a substantial change in the approval.
Where a site plan approval does not apply, a zoning and/or building permit shall be
synonymous with preliminary or final site plan approval for this purpose. The fee
percentage shall be vested on the date that the building permit is issued.
iii. Owner-occupied residential structures demolished and replaced as a result of a fire,
flood, or natural disaster shall be exempt from paying a development fee.
5.
Non-residential Development fees
a)
Imposed fees
i.
Within all zoning districts, non-residential developers, except for developers of the
types of development specifically exempted, shall pay a fee equal to two and one-half
(2.5) percent of the equalized assessed value of the land and improvements, for all
new non-residential construction on an unimproved lot or lots.
ii. Non-residential developers, except for developers of the types of development
specifically exempted, shall also pay a fee equal to two and one-half (2.5) percent of
the increase in equalized assessed value resulting from any additions to existing
structures to be used for non-residential purposes.
iii. Development fees shall be imposed and collected when an existing structure is
demolished and replaced. The development fee of two and a half percent (2.5%) shall
be calculated on the difference between the equalized assessed value of the preexisting land and improvement and the equalized assessed value of the newly
improved structure, i.e. land and improvement, at the time final certificate of
occupancy is issued. If the calculation required under this section results in a
negative number, the non-residential development fee shall be zero.
b)
Eligible exactions, ineligible exactions and exemptions for non-residential development
i.
The non-residential portion of a mixed-use inclusionary or market rate development
shall be subject to the two and a half (2.5) percent development fee, unless otherwise
exempted below.
ii. The 2.5 percent fee shall not apply to an increase in equalized assessed value
resulting from alterations, change in use within existing footprint, reconstruction,
renovations and repairs.
April 2010 Draft
Page
iii. Non-residential developments shall be exempt from the payment of non-residential
development fees in accordance with the exemptions required pursuant to P.L.2008,
c.46, as specified in the Form N-RDF “State of New Jersey Non-Residential
Development Certification/Exemption” Form.
Any exemption claimed by a
developer shall be substantiated by that developer.
iv. A developer of a non-residential development exempted from the non-residential
development fee pursuant to P.L.2008, c.46 shall be subject to it at such time the
basis for the exemption no longer applies, and shall make the payment of the nonresidential development fee, in that event, within three years after that event or after
the issuance of the final certificate of occupancy of the non-residential development,
whichever is later.
v.
6.
If a property which was exempted from the collection of a non-residential
development fee thereafter ceases to be exempt from property taxation, the owner of
the property shall remit the fees required pursuant to this section within 45 days of
the termination of the property tax exemption. Unpaid non-residential development
fees under these circumstances may be enforceable by Clinton Town as a lien against
the real property of the owner.
Collection procedures
a) Upon the granting of a preliminary, final or other applicable approval, for a
development, the applicable approving authority shall direct its staff to notify the
construction official responsible for the issuance of a building permit.
b) For non-residential developments only, the developer shall also be provided with a
copy of Form N-RDF “State of New Jersey Non-Residential Development
Certification/Exemption” to be completed as per the instructions provided. The
developer of a non-residential development shall complete Form N-RDF as per the
instructions provided. The construction official shall verify the information
submitted by the non-residential developer as per the instructions provided in the
Form N-RDF. The Tax assessor shall verify exemptions and prepare estimated and
final assessments as per the instructions provided in Form N-RDF.
c) The construction official responsible for the issuance of a building permit shall notify
the local tax assessor of the issuance of the first building permit for a development
which is subject to a development fee.
d) Within 90 days of receipt of that notice, the municipal tax assessor, based on the
plans filed, shall provide an estimate of the equalized assessed value of the
development.
e) The construction official responsible for the issuance of a final certificate of
occupancy notifies the local assessor of any and all requests for the scheduling of a
final inspection on property which is subject to a development fee.
April 2010 Draft
Page 4
f)
Within 10 business days of a request for the scheduling of a final inspection, the
municipal assessor shall confirm or modify the previously estimated equalized
assessed value of the improvements of the development; calculate the development
fee; and thereafter notify the developer of the amount of the fee.
g) Should Clinton Town fail to determine or notify the developer of the amount of the
development fee within 10 business days of the request for final inspection, the
developer may estimate the amount due and pay that estimated amount consistent
with the dispute process set forth in subsection b. of section 37 of P.L.2008, c.46
(C.40:55D-8.6).
Fifty percent of the development fee shall be collected at the time of issuance of the
building permit. The remaining portion shall be collected at the issuance of the
certificate of occupancy. The developer shall be responsible for paying the difference
between the fee calculated at building permit and that determined at issuance of
certificate of occupancy.
i)
Appeal of development fees
1)
A developer may challenge residential development fees imposed by filing a
challenge with the County Board of Taxation. Pending a review and
determination by the Board, collected fees shall be placed in an interest bearing
escrow account by Clinton Town. Appeals from a determination of the Board
may be made to the tax court in accordance with the provisions of the State Tax
Uniform Procedure Law, R.S.54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited to the
prevailing party.
2) A developer may challenge non-residential development fees imposed by filing a
challenge with the Director of the Division of Taxation. Pending a review and
determination by the Director, which shall be made within 45 days of receipt of
the challenge, collected fees shall be placed in an interest bearing escrow account
by Clinton Town. Appeals from a determination of the Director may be made to
the tax court in accordance with the provisions of the State Tax Uniform
Procedure Law, R.S.54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited to the
prevailing party.
7.
Affordable Housing trust fund
a)
April 2010 Draft
There is hereby created a separate, interest-bearing housing trust fund to be maintained
by the chief financial officer for the purpose of depositing development fees collected
from residential and non-residential developers and proceeds from the sale of units with
extinguished controls.
Page 5
b)
The following additional funds shall be deposited in the Affordable Housing Trust Fund
and shall at all times be identifiable by source and amount:
1.
payments in lieu of on-site construction of affordable units;
2.
developer contributed funds to make ten percent (10%) of the adaptable entrances in
a townhouse or other multistory attached development accessible;
3.
rental income from municipally operated units;
4.
repayments from affordable housing program loans;
5.
recapture funds;
6. proceeds from the sale of affordable units; and
7.
8
any other funds collected in connection with Clinton Town’s affordable housing
program.
c)
Within seven days from the opening of the trust fund account, Clinton Town shall
provide COAH with written authorization, in the form of a three-party escrow agreement
between the municipality, the bank, and COAH to permit COAH to direct the
disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b).
d)
All interest accrued in the housing trust fund shall only be used on eligible affordable
housing activities approved by COAH.
Use of funds
a)
The expenditure of all funds shall conform to a spending plan approved by COAH. Funds
deposited in the housing trust fund may be used for any activity approved by COAH to
address the Clinton Town’s fair share obligation and may be set up as a grant or revolving
loan program. Such activities include, but are not limited to: preservation or purchase of
housing for the purpose of maintaining or implementing affordability controls,
rehabilitation, new construction of affordable housing units and related costs, accessory
apartment, market to affordable, or regional housing partnership programs, conversion of
existing non-residential buildings to create new affordable units, green building strategies
designed to be cost saving and in accordance with accepted national or state standards,
purchase of land for affordable housing, improvement of land to be used for affordable
housing, extensions or improvements of roads and infrastructure to affordable housing
sites, financial assistance designed to increase affordability, administration necessary for
implementation of the Housing Element and Fair Share Plan, or any other activity as
permitted pursuant to N.J.A.C. 5:97-8.7 through 8.9 and specified in the approved
spending plan.
b)
Funds shall not be expended to reimburse Clinton Town for past housing activities.
c)
At least 30 percent of all development fees collected and interest earned shall be used to
provide affordability assistance to low- and moderate-income households in affordable
April 2010 Draft
Page 6
units included in the municipal Fair Share Plan. One-third of the affordability assistance
portion of development fees collected shall be used to provide affordability assistance to
those households earning 30 percent or less of median income by region.
9.
i.
Affordability assistance programs may include down payment assistance,
security deposit assistance, low interest loans, rental assistance, assistance with
homeowners association or condominium fees and special assessments, and
assistance with emergency repairs.
ii.
Affordability assistance to households earning 30 percent or less of median
income may include buying down the cost of low or moderate income units in
the municipal Fair Share Plan to make them affordable to households earning 30
percent or less of median income.
iii.
Payments in lieu of constructing affordable units on site and funds from the sale
of units with extinguished controls shall be exempt from the affordability
assistance requirement.
d)
Clinton Town may contract with a private or public entity to administer any part of its
Housing Element and Fair Share Plan, including the requirement for affordability
assistance, in accordance with N.J.A.C. 5:96-18.
e)
No more than 20 percent of all revenues collected from development fees, may be
expended on administration, including, but not limited to, salaries and benefits for
municipal employees or consultant fees necessary to develop or implement a new
construction program, a Housing Element and Fair Share Plan, and/or an affirmative
marketing program. In the case of a rehabilitation program, no more than 20 percent of
the revenues collected from development fees shall be expended for such administrative
expenses. Administrative funds may be used for income qualification of households,
monitoring the turnover of sale and rental units, and compliance with COAH’s
monitoring requirements. Legal or other fees related to litigation opposing affordable
housing sites or objecting to the Council’s regulations and/or action are not eligible uses
of the affordable housing trust fund.
Monitoring
a)
10.
Clinton Town shall complete and return to COAH all monitoring forms included in
monitoring requirements related to the collection of development fees from residential
and non-residential developers, payments in lieu of constructing affordable units on site,
funds from the sale of units with extinguished controls, barrier free escrow funds, rental
income, repayments from affordable housing program loans, and any other funds
collected in connection with Clinton Town’s housing program, as well as to the
expenditure of revenues and implementation of the plan approved by the court. All
monitoring reports shall be completed on forms designed by COAH.
Ongoing collection of fees
April 2010 Draft
Page 7
a)
April 2010 Draft
The ability for Clinton Town to impose, collect and expend development fees shall expire
with its judgment of compliance unless Clinton Town has filed an adopted Housing
Element and Fair Share Plan with COAH, has petitioned for substantive certification, and
has received COAH’s approval of its development fee ordinance. If Clinton Town fails to
renew its ability to impose and collect development fees prior to the expiration of
judgment of compliance, it may be subject to forfeiture of any or all funds remaining
within its municipal trust fund. Any funds so forfeited shall be deposited into the "New
Jersey Affordable Housing Trust Fund" established pursuant to section 20 of P.L.1985,
c.222 (C.52:27D-320). Clinton Town shall not impose a residential development fee on a
development that receives preliminary or final site plan approval after the expiration of its
substantive certification or judgment of compliance, nor shall Clinton Town retroactively
impose a development fee on such a development. Clinton Town shall not expend
development fees after the expiration of its substantive certification or judgment of
compliance.
Page 8
Appendix M.
Governing Body Resolution Requesting Approval of Development Fee Ordinance
Appendix N.
Spending Plan
Town of Clinton, Hunterdon County
Spending Plan
May 2010
INTRODUCTION
Clinton Town, Hunterdon County has prepared a Housing Element and Fair Share plan that addresses its
regional fair share of the affordable housing need in accordance with the Municipal Land Use Law
(N.J.S.A. 40:55D-1 et seq.), the Fair Housing Act (N.J.S.A. 52:27D-301) and the regulations of the Council
on Affordable Housing (COAH) (N.J.A.C. 5:97-1 et seq. and N.J.A.C. 5:96-1 et seq.). A development fee
ordinance creating a dedicated revenue source for affordable housing was approved by COAH on
November 3, 2005. The ordinance establishes the Clinton Town affordable housing trust fund for which
this spending plan is prepared.
As of December 31, 2009, Clinton Town has collected $12,058.84, expended $0, resulting in a balance of
$12,058.84. All development fees, payments in lieu of constructing affordable units on site, funds from
the sale of units with extinguished controls, and interest generated by the fees are deposited in a separate
interest-bearing affordable housing trust fund in TD Bank for the purposes of affordable housing. These
funds shall be spent in accordance with N.J.A.C. 5:97-8.7-8.9 as described in the sections that follow.
The Town of Clinton received a judgment of repose on February 5, 1986, which extended for six years.
Clinton Town did not adopt a second round housing element and fair share plan, and remained outside
of COAH’s process, and therefore was unable to adopt a development fee ordinance. The Town of Clinton
first entered COAH’s process on June 17, 2005, when it petitioned for third round substantive
certification. As part of the petition, the Town submitted a development fee ordinance. COAH granted the
Town the ability to collect development fees and to maintain an affordable housing trust fund on
November 3, 2005. To date, Clinton Town has collected $12,058.84 in development fees, but has not yet
expended any funds from its affordable housing trust fund account.
Page 1
1. REVENUES FOR CERTIFICATION PERIOD
To calculate a projection of revenue anticipated during the period of third round substantive certification,
Clinton Town considered the following:
(a) Development fees:
1.
Residential and nonresidential projects which have had development fees imposed upon
them at the time of preliminary or final development approvals;
2. All projects currently before the planning and zoning boards for development approvals that
may apply for building permits and certificates of occupancy; and
3.
Future development that is likely to occur based on historical rates of development.
(b) Payment in lieu (PIL):
Actual and committed payments in lieu (PIL) of construction from developers as follows:
The Town of Clinton does not have any committed payments in lieu of construction.
(c) Other funding sources:
Funds from other sources, including, but not limited to, the sale of units with extinguished
controls, repayment of affordable housing program loans, rental income, and proceeds from
the sale of affordable.
Clinton Town does not anticipate any other funding sources.
(d) Projected interest:
Interest on the projected revenue in the municipal affordable housing trust fund at the
current average interest rate.
Page 2
35,378
Total
289,663
$0
$0
2011
74,700
$0
$0
2012
182,269
$0
$0
2013
3,500
$1,265
$126,500
2014
3,500
$0
$0
2015
136,000
$0
$0
2016
136,000
$0
$0
2017
500
$0
$0
2018
PROJECTED REVENUES-HOUSING TRUST FUND - 2010 THROUGH 2018
$140,146
$1,387
$138,759
Total
Page
Clinton Town projects a total of $140,146 in revenue to be collected between April 1, 2010 and December 31, 2018. All interest earned on the
account shall accrue to the account to be used only for the purposes of affordable housing.
$122
$12,200
2010
(d) Interest
(c) Other Funds (Specify
source(s))
(b) Payments in Lieu of
Construction
3. Projected
Development
2. Development
Pending Approval
1. Approved
Development
(a) Development fees:
SOURCE OF FUNDS
Table 1. Projected Revenues-Housing Trust Fund (2010 – 2018)
2. ADMINISTRATIVE MECHANISM TO COLLECT AND DISTRIBUTE FUNDS
The following procedural sequence for the collection and distribution of development fee revenues shall
be followed by Clinton Town.
(a) Collection of development fee revenues:
Collection of development fee revenues shall be consistent with Clinton Town’s development fee
ordinance for both residential and non-residential developments in accordance with COAH’s
rules and P.L.2008, c.46, sections 8 (C. 52:27D-329.2) and 32-38 (C. 40:55D-8.1 through 8.7).
(b) Distribution of development fee revenues:
The governing body adopts a resolution for the expenditure of development fee revenues as set
forth in this spending plan.
The release of funds requires the adoption of the governing body resolution in accordance with
the COAH-approved spending plan. Once a request is approved by resolution, the CFO releases
the requested revenue from the trust fund for the specific use approved in the governing body’s
resolution.
3. DESCRIPTION OF ANTICIPATED USE OF AFFORDABLE HOUSING FUNDS
(a) Rehabilitation and new construction programs and projects (N.J.A.C. 5:97-8.7)
Clinton Town will dedicate $76,102 of its trust fund revenue to accessory apartment program (see
detailed descriptions in Fair Share Plan).
(b) Affordability Assistance (N.J.A.C. 5:97-8.8)
Clinton Town is required to spend a minimum of 30 percent of development fee revenue to
render existing affordable units more affordable and one-third of that amount must be dedicated
to very low-income households (i.e. households earning less than 30 percent of the regional
median income). The actual affordability assistance minimums are calculated on an ongoing
basis in the CTM system based on actual revenues.
Page 4
Table 2. Projected Minimum Affordability Assistance Requirement
Actual development fees and interest through 12/31/2009
$12,059
Development fees projected 2010-2018
+
$138,759
Interest projected 2010-2018
+
$1,387
Less housing activity expenditures through 6/2/2008
-
$0
=
$152,205
x 0.30 =
$45,661.50
-
$0
=
$45,661.50
÷3=
$15,220.50
Total
30 percent requirement
Less Affordability assistance expenditures through 12/31/2009
Projected Minimum Affordability Assistance Requirement 1/1/2009
through 12/31/2018
Projected Minimum Very Low-Income Affordability Assistance
Requirement 1/1/2009 through 12/31/2018
Clinton Town will dedicate $45,661.50 from the affordable housing trust fund to render units
more affordable, including $15,220.50 to render units more affordable to households earning 30
percent or less of median income by region, as follows:
ƒ
Down-payment assistance;
ƒ
Rental assistance;
ƒ
Security deposit assistance
ƒ
Low interest loans
ƒ
Assistance with homeowners association or condominium fees and special assessments;
and/or
ƒ
Converting low-income units to very-low-income units, etc.
(c) Administrative Expenses (N.J.A.C. 5:97-8.9)
Clinton Town projects that $30,441.10 will be available from the affordable housing trust fund to
be used for administrative purposes. Projected administrative expenditures, subject to the 20
percent cap, are as follows:
Page 5
ƒ
Town Attorney, Engineer, and Planner fees related to obtaining substantive certification;
ƒ
Rehabilitation administration fees; and,
ƒ
Administration fees related to the Municipally-Sponsored New Construction Programs
Table 3. Projected Administrative Expenses
Actual development fees and interest through 12/31/2009
$12,059
Development fees projected 2010-2018
+
$138,759
Interest projected 2010-2018
+
$1,387
Less housing activity expenditures through 6/2/2008
-
$0
=
$152,205
x 0.20 =
$30,441.10
Less administrative expenditures through 12/31/2004
-
0
Projected allowed administrative expenditures
=
$30,441.10
Total
20 percent maximum permitted administrative expenses
Page 6
0
Page 7
3.84
6.4
3.84
0
Total
4
3.84
2013
3.84
3.84
2012
Administration
0
2011
2.56
4
Total Programs
2010
6.41
3.84
2.57
2014
51.4
3.84
2.56
22.5
22.5
2015
51.4
3.84
2.56
22.5
22.5
2016
51.4
3.84
2.56
22.5
22.5
2017
51.4
3.84
2.56
22.5
22.5
2018
PROJECTED EXPENDITURE SCHEDULE 2009 -2018
Affordability Assistance
4
Units
Projected
Accessory Apartment
Program
Funds
Expended
and/or
Dedicated
20052009
0
Table 3. Projected Expenditure Schedule (2010 – 2018)
$226,089
$30,726
$15,363
$90,000
$90,000
Total
Clinton Town intends to use affordable housing trust fund revenues for the creation and/or rehabilitation of housing units. Where applicable, the
creation/rehabilitation funding schedule below parallels the implementation schedule set forth in the Housing Element and Fair Share Plan and is
summarized as follows.
4. EXPENDITURE SCHEDULE
5. EXCESS OR SHORTFALL OF FUNDS
Pursuant to the Housing Element and Fair Share Plan, the governing body of Clinton Town has adopted a
resolution agreeing to fund any shortfall of funds required for implementing market to affordable
program and the accessory apartment program. In the event that a shortfall of anticipated revenues
occurs, Clinton Town will adopt a resolution of intent to bond. A copy of the adopted resolution is
attached.
In the event of excess funds, any remaining funds above the amount necessary to satisfy the municipal
affordable housing obligation will be used for affordability assistance.
6. BARRIER FREE ESCROW
Collection and distribution of barrier free funds shall be consistent with Clinton Town’s Affordable
Housing Ordinance in accordance with N.J.A.C. 5:97-8.5.
SUMMARY
Clinton Town intends to spend affordable housing trust fund revenues pursuant to N.J.A.C. 5:97-8.7
through 8.9 and consistent with the housing programs outlined in the housing element and fair share
plan dated May 2010.
Clinton Town has a balance of $12,058.84 as of December 31, 2009 and anticipates an additional $138,759
in revenues before the expiration of substantive certification for a total of $152,205. The municipality will
dedicate $90,000 towards the accessory apartment program, $45,661.50 to render units more affordable,
and $30,441.10 to administrative costs. Any shortfall of funds will be offset by bonding. The municipality
will dedicate any excess funds toward affordability assistance.
Page 8
SPENDING PLAN SUMMARY
Balance as of December 31, 2008
$12,058.84
PROJECTED REVENUE 2009-2018
Development fees
Payments in lieu of construction
Other funds
Interest
TOTAL REVENUE
EXPENDITURES
Funds used for Rehabilitation
Funds used for New Construction
1. Accessory Apartment Program
Affordability Assistance
Administration
Excess Funds for Additional Housing Activity
1. None
TOTAL PROJECTED EXPENDITURES
REMAINING BALANCE
Page 9
+
+
+
+
=
$138,759
$0
$0
$1,387
$152,205
-
$0
=
=
=
$76,102
$45,661.50
$30,441.10
$0
$0
$152,205
$0.00
Appendix O.
Governing Body Resolution Requesting Approval of Spending Plan
Appendix P.
Affordable Housing Trust Fund Escrow Agreement
Appendix Q.
Governing Body Resolution of Intent to Bond
Appendix R.
Housing Liaison Ordinance and Appointing Resolution